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Home My WebLink About FULL PACKET_2016-06-07MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA MAY 17, 2016 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:07 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tem ANGELICA AMEZCUA (5:35 p.m.) P. DAVID BENAVIDES ROMAN A. REYNA (5:19 p.m.) SAL TINAJERO COUNCILMEMBERS Absent: MICHELE MARTINEZ STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:07 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: Loren Mover v. City of Santa Ana; Workers' Compensation Appeals Board Case Number #ADJ8411170. CITY COUNCIL MINUTES 1 MAY 17, 2016 1 0A -1 2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 2129 N. Main Street (APN# 003 - 113 -81); 26,354 sq. ft. (.61 acres) Santa Ana, CA City Negotiators: City Manager David Cavazos, and Planning and Building Agency Director Hassan Haghani Negotiating Party: Net Development Co. President Kevin Coleman Terms: Conditions of potential sale. 3. PUBLIC EMPLOYEE EVALUATION pursuant to Section 54957(b)(1) of the Government Code: Title: City Attorney CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:00 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 MAY 17, 2016 1 0A -2 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:02 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor VICENTE SARMIENTO, Mayor Pro Tern ANGELICA AMEZCUA P. DAVID BENAVIDES ROMAN A. REYNA SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION PRESENTATION COUNCILMEMBERS Absent: MICHELE MARTINEZ STAFF Present: DAVID CAVAZOS, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO JERRY HILL, POLICE CHAPLAIN PROCLAMATION presented by MAYOR PULIDO AND MAYOR PRO TEM SARMIENTO to Custom Auto Service recognizing their 50th anniversary as a business founded in Santa Ana. AGENDA ITEM CONSIDERED OUT OF ORDER PUBLIC HEARING 75A. GENERAL PLAN AMENDMENT NO. 2016 -02, AMENDMENT APPLICATION NO. 2016 -02, TENTATIVE TRACT MAP NO. 2016 -02, MITIGATED NEGATIVE DECLARATION NO. 2015 -09, SUMMARY STREET VACATION AND INCLUSIONARY HOUSING AGREEMENT FOR CITY COUNCIL MINUTES 3 MAY 17, 2016 MUNI THE FIRST AND PACIFIC TOWNHOME PROJECT AT 1506 THROUGH 1548 WEST FIRST STREET — THE OLSON COMPANY, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5; 5, 3, 41 - Planning and Building Agency, Community Development Agency, and Public Works Agency Planning Commission approved recommended action on April 11, 2016 by a vote of 5 -0 (Alderete and Bacerra absent). Legal Notice published in the Orange County Reporter April 22, 2016 and notices mailed on April 21, 2016. Notice of Adjournment posted on May 4, 2016, pursuant to Government Code § 54955.1. Continued from the May 3, 2016 City Council meeting by a vote of 6 -0 (Tinajero absent). Mayor Pulido, opened the Hearing. Noted that speaker cards received from Sandy Gottlieb and John Reekstin representing Olson Company; available to answer questions by the City Council, if any. There were no other speakers and the Hearing closed. Mayor Pro Tern Sarmiento, thanked the applicant and the Kennedy Commission that worked together to make some modifications to the Inclusionary Housing Agreement and subsequent amended motion; amendments allows for concessions that make it more feasible for working families. Councilmember Benavides, asked if motion should include friendly amendment to include agreed upon additional amenities in the open space /landscape plan that is part of tentative tract map. City Manager Cavazos, noted that open space /landscape plan concessions will be processed administratively. AMENDED MOTION: 1. Approve and adopt the Mitigated Negative Declaration and Mitigation Monitoring Reporting Program, Environmental Review No. 2015 -09. 2. Adopt a resolution. RESOLUTION NO. 2016 -029 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, ENVIRONMENTAL REVIEW NO. 2015 -09, GENERAL PLAN AMENDMENT NO. 2016 -02 AND TENTATIVE CITY COUNCIL MINUTES 4 MAY 17, 2016 1 0A -4 TRACT MAP NO. 2016 -02 FOR THE PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET 3. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2899 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING FOUR PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET FROM GENERAL COMMERCIAL (C -2) AND SINGLE FAMILY RESIDENCE (R -1) TO SPECIFIC DEVELOPMENT NO. 90 (SD -90) (AA NO. 2016 -02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 90 (SD -90) FOR SAID PROPERTIES 4. Approve the vacation of excess right -of -way on First Street. 5. AGMT NO. 2016 -117 - Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Olson Urban Housing, LLC for the construction of nine affordable units and the payment of an in -lieu fee of $757,600 to satisfy the affordable housing requirements and housing opportunity ordinance for the residential development located at 1506, 1524 & 1548 West First Street, MOTION: Sarmiento SECOND: Benavides VOTE: AYES: Benavides, Amezcua, Pulido, Reyna, Sarmiento (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Tinajero (2) CLOSED SESSION REPORT - See Item 19A for any reportable actions. PUBLIC COMMENTS — (Agendized Items) • Steve Rocco, requested to speak on Agenda Items 19C and 25A, noted that comments made at the March 1, 2016 City Council meeting were not included in the Minutes and wanted to reflect that at the time a special recall taking place but no coverage by media; also, opposed to destruction of records. CITY COUNCIL MINUTES 5 MAY 17, 2016 1 0A -5 CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on Consent Calendar Items 10A through 32A, with the following modifications: • Mayor Pro Tern Sarmiento, pulled Agenda Item 25D for separate action; • Councilmember Reyna, pulled Agenda Item 22C for separate action; and • Clerk of the Council Huizar, reported for the record that Agenda Items 25G and 25H continued to the June 7, 2016 City Council Meeting at the request of staff. ■ Agenda Items 20A and 20B were continued to next regular meeting due to insufficient number of votes required. MOTION: Amezcua SECOND: Sarmiento VOTE: AYES: Amezcua, Pulido, Reyna, Sarmiento (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Martinez, Tinajero (3) Items removed for separate action or modified are highlighted. Separate actions show the actual vote. Items without votes are adopted as part of the consent motion ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF APRIL 18, 2014 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve minutes. ORDINANCES /SECOND READING In the event a Councilmember recorded an "abstention' before consideration of the following ordinance(s) on first reading, such abstention will also be reflected in the minutes for second reading. 11A. SECOND READING ORDINANCE: ADOPTION OF THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) ORDINANCE IN CHAPTER 8 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office Published in the Orange County Reporter on May 6, 2016. CITY COUNCIL MINUTES 6 MAY 17, 2016 1 0A -6 Placed on first reading at the May 3, 2016 City Council meeting and approved by a vote of 5 -0 ( Reyna and Tinajero absent) MOTION: Place ordinance on second reading and adopt. ORDINANCE NO. NS -2898 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE PROACTIVE RENTAL ENFORCEMENT PROGRAM (PREP) IN CHAPTER EIGHT OF THE SANTA ANA MUNICIPAL CODE BOARDS / COMMISSIONS / COMMITTEES 13A. COUNCIL COMMITTEES — AGENDA AND MINUTES (STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Finance, Econ. Dev. & Technology Committee (Cancelled) 5/9/2016 FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34 -183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. 17A. CERTIFICATION AND APPROVAL BY CITY ENGINEER— FINAL TRACT MAP NO. 17774 (1206 NORTH HARBOR BOULEVARD) {STRATEGIC PLAN NO. 3, 2) - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — City Attorney's Office MOTION: Approve as follow: CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: Loren Mover v. City of Santa Ana; Workers' Compensation Appeals Board Case Number #ADJ8411170; Settlement in an amount just under $4,100, approved by 4 -0 vote (Amezcua, Martinez and Reyna absent). CITY COUNCIL MINUTES 7 MAY 17, 2016 1 0A -7 19B. AGENDA ITEM CONSIDERED OUT OF ORDER 19C. DESTRUCTION OF OBSOLETE CITY RECORDS - {STRATEGIC PLAN NO. 5, 11 (Community Development Agency) — Clerk of the Council MOTION: Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013 -014. 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. 19D. QUARTERLY REPORT OF CONTRACTS VALUED AT $25,000 OR LESS ENTERED INTO BY THE CITY MANAGER AS PERMITTED BY CHARTER SECTION 421 {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services MOTION: Receive and file. 19E. STRATEGIC PLAN MONTHLY REPORT FOR APRIL 2016 {STRATEGIC PLAN NO. 5, 11 - City Manager's Office MOTION: Receive and file. 19F. QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY 2016 — MARCH 2016 {STRATEGIC PLAN NO. 5, 31 - Community Development Agency Community Redevelopment and Housing Commission approved recommended action on April 27, 2016 by a vote of 5 -0 (Garcia absent). MOTION: Receive and file. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS CITY COUNCIL MINUTES 8 MAY 17, 2016 1 0A -8 20A. APPROPRIATION ADJUSTMENT - WORKFORCE INNOVATION AND OPPORTUNITY ACT FUNDS FOR PROGRAM YEAR 2015 -2016 {STRATEGIC PLAN NO. 2, 4) - Community Development Agency Matter not approved and continued to the June 7, 2016 City Council meeting due to an insufficient number of votes required to consider matter. 20B. INCREASE SCOPE OF CONTRACT FOR SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIRS (PROJECT 16 -2656) {STRATEGIC PLAN NO. 6, 1 B and 1 G) - Public Works Agency, Personnel Services Agency and Parks, Recreation and Community Services Agency Matter not approved and continued to the June 7, 2016 City Council meeting due to an insufficient number of votes required to consider matter. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC, NO. 16 -042 - CONTRACT AWARD FOR 16 MID -SIZE TRUCKS {STRATEGIC PLAN NO. 6, 2) (Public Works Agency) - Finance and Management Services Continued from the May 3, 2016 City Council meeting by a vote of 6 -0 (Tinajero absent) Project in accordance with the Council approved Surplus Allocation Plan as of October 20, 2015. MOTION: 1. Reject the bid from Nissan of Stockton as nonresponsive to the specification. 2. Authorize a one -time purchase and payment of purchase order to Courtesy Chevrolet Center in an amount not to exceed $386,575, subject to non - substantive changes approved by the City Manager and City Attorney. 22B. SPEC. NO. 16 -060 — HEWLETT PACKARD AND ARUBA CARE SOFTWARE SUPPORT FOR THE CITY'S DATA CENTERS (Information Technology Department) - Finance and Management Services The portion of this project is funded through the Council approved Surplus Allocation Plan in dated October 20, 2015. CITY COUNCIL MINUTES 9 MAY 17, 2016 1 0A -9 MOTION: Authorize a one -time purchase and payment of purchase order to Golden Star Technology, Inc. for the purchase of Hewlett Packard support contract renewal in the amount of $39,848.62; and for the purchase of Aruba care software support in the amount of $19,685, for a total amount not to exceed $59,585, subject to non - substantive changes approved by the City Manager and City Attorney. 22C. SPEC. NO. 16 -006 - CONTRACTS AWARD FOR SWIMMING POOL MAINTENANCE AND REPAIRS {STRATEGIC PLAN NO. 6, 1C) (Parks; Recreation and Community Services Agency) - Finance and Management Services Councilmember Reyna, asked if the custodial services agreement for City Parks is same as maintenance agreement for pool. Parks, Recreation and Community Services Executive Director Mouet confirmed that contract is only for repairs. MOTION: Award contracts for a two -year period expiring May 31, 2018 with provisions for a one -year renewal exercisable by the City Manager, in an annual aggregate amount not to exceed $70,000, subject to non - substantive changes approved by the City Manager and City Attorney, with the following vendors: Vendor Location Waterline Technologies Santa Ana Blueray Management, LLC Newport Beach California Waters Development, Inc. Yorba Linda MOTION: Reyna SECOND: Sarmiento VOTE: AYES: Benavides, Amezcua, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) PROJECTS /CHANGE ORDERS 23A. AWARD CONTRACT FOR THE 3RD STREET TRAFFIC CALMING PROJECT (PROJECT 15 -6606) (STRATEGIC PLAN NO. 5, 413) - Public Works Agency CITY COUNCIL MINUTES 10 MAY 17, 2016 1 0A -10 MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Excel Paving Company, the lowest responsible bidder, in accordance with the bid in the amount of $239,480, for the term beginning upon execution of the contract and ending upon project completion, for the 3rd Street Traffic Calming Project, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $299,350, which includes the contract base amount, administration, inspection, testing, and a $23,948 contingency. 23B. AWARD CONTRACT FOR WARNER INDUSTRIAL COMMUNITY WATER AND SEWER IMPROVEMENTS (PROJECT 16 -6461) {STRATEGIC PLAN NO. 6, 1 C) - Public Works Agency MOTION: 1. Authorize the City Manager and Clerk of the Council to award and execute a construction contract to Kana Pipeline, Inc., the lowest responsible bidder, in accordance with the bid in the amount of $3,457,000, for the term beginning upon execution of the contract and ending upon project completion, for the construction of the Warner Industrial Community Water and sewer Improvements Project, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve the Project Cost Analysis for a total estimated project delivery cost of $4,494,100, which includes the contract base amount, administration, inspection, testing, and a $518,550 contingency. AGREEMENTS 25A. AGMT NO. 2016 -118 - SPECIAL LEGAL COUNSEL SERVICES RELATED TO MEASURE BB - A MEDICAL MARIJUANA VOTER - INITIATIVE, LITIGATION, GENERAL ADVICE AND LEGAL REVIEW {STRATEGIC PLAN NO. 1,3,4,5} - City Attorney's Office, City Manager's Office, and Personnel Services Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Richards, Watson & Gershon, APC, for a two year term ending May 30, 2018 in the amount of $795,000, CITY COUNCIL MINUTES 11 MAY 17, 2016 1 0A -11 subject to non - substantive changes approved by the City Manager and the City Attorney. 25B. AGMT NO. 2016 -119 — PURCHASE AND MAINTENANCE OF POLICE DEPARTMENT TRAINING SOFTWARE {STRATEGIC PLAN NO.1, 5} - Police Department MOTION: Authorize the City Manager and Clerk of the Council to execute the attached three -year agreement with Power DMS, for the period of May 17, 2016 through May 16, 2019, in the amount of $53,001, which includes a $5,000 contingency, subject to non - substantive changes approved by the City Manager and City Attorney. 25C. AGMT NO. 2016 -120 - PARKING CONSULTING SERVICES FOR REQUEST FOR PROPOSAL DEVELOPMENT, OPERATIONAL AND FUNCTIONAL REVIEW AND ON -CALL SERVICES {STRATEGIC PLAN NO. 3, 4B} - Finance and Management Services MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Walker Parking Consultants for an initial two -year term beginning May 17, 2016 through May 16, 2018, with a provision for two one -year extensions exercisable by the City Manager and the City Attorney, in an amount not to exceed $72,220 that includes a contingency of $9,420 over the life of the agreement subject to non - substantive changes approved by the City Manager and City Attorney. 25D. AGMT NO. 2016 -121 - CUSTODIAL SERVICES OF PARK RESTROOMS AND BUILDINGS {STRATEGIC PLAN NO. 6, 1B) - Parks, Recreation and Community Services Agency Mayor Pro Tern Sarmiento, asked staff if rotations can be adjusted during peak use to improve overall condition of facilities. Parks, Recreation and Community Services Executive Director Mouet, noted that proposed contract allows for such changes as needed. MOTION: Authorize the City Manager and Clerk of the Council to execute an amendment to renew the agreement with Xanadu Service System, Inc. for a total of $230,528, which includes a 10% contingency, for a term from June 1, 2016 through May 31, 2017, subject to non - substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 12 MAY 17, 2016 1 0A -12 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Benavides Benavides, Amezcua, Sarmiento, Tinajero (6) None (0) None (0) Martinez (1) Pulido, Reyna, 25E. AGMT NO. 2016 -122 - PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS PHASE 3A (PROJECT NO. 136792 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute a Purchase Agreement and a temporary construction easement with property owners Enna Coreas and Gabriel Aparicio, for the property commonly known as 1312 West 9th Street (APN 004- 123-11), for partial acquisition of said real property, temporary construction easement, and goodwill (if any), in the amount of $15,200, subject to non - substantive changes approved by the City Manager and City Attorney. 25F. PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741 NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute Purchase Agreements, subject to non - substantive changes approved by the City Manager and City Attorney, for the full purchase price of real property listed below, and goodwill (if any), with the following property owners: 1. AGMT NO. 2016 -123 — With Takai, LLC, full acquisition for the property commonly known as / location 2034 South Bristol Street (APN 408- 334 -01), in an amount of $548,000; 2. AGMT NO. 2016 -124 — With Jesus Bernal, full acquisition for the property commonly known as / location 1301 West Glenwood Place (APN 408 -333 -18), in an amount of $575,000; CITY COUNCIL MINUTES 13 MAY 17, 2016 1 0A -13 3. AGMT NO. 2016 -125 — With Juan A. Fernandez, partial acquisition for the property commonly known as / location 1242 West Carlton Place (APN 015 - 233 -10), in an amount of $2,050. 25G. COMMERCIAL BROKERAGE SERVICES {STRATEGIC PLAN NO. 6, 1 G} - Public Works Agency MOTION: Continue consideration of matter at the request of staff. 25H. WATER ENTERPRISE SUPPORT SERVICES AND PROGRAMS [NONGENERAL FUND] {STRATEGIC PLAN NO. 1, 2D; 4, 1; 5,2; 7, 5F) - Public Works Agency MOTION: Continue consideration of matter at the request of staff. 251. AGMT NO. 2016 -126 — DONATION TO SUPPORT THE BICYCLE TREE'S TEN -YEAR ANNIVERSARY EVENT {STRATEGIC PLAN NO. 5, 4) - Councilmember Martinez MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Social and Environmental Entrepreneurs Inc. for a one -time donation amount of $720, subject to non - substantive changes approved by the City Manager and the City Attorney. 25J. AGMT NO. 2016 -127 — DONATION TO SUPPORT THE MAJOR LEAGUE BASEBALL (MLB) PITCH, HIT, RUN AND FAMILY FUN DAY EVENTS {STRATEGIC PLAN NO. 5, 4) - Councilmember Tinajero MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Pony Baseball, Inc. for a one- time donation amount of $1,000, subject to non - substantive changes approved by the City Manager and the City Attorney. 25K. AGMT NO. 2016 -128 — DONATION TO SUPPORT A COLLEGIATE WRESTLING PROGRAM AT SANTA ANA HIGH SCHOOL {STRATEGIC PLAN NO. 5, 41 - Councilmember Amezcua MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Athletic Foundation for a one- time donation amount of $1,000, subject to non- substantive changes approved by the City Manager and the City Attorney. CITY COUNCIL MINUTES 14 MAY 17, 2016 1 OA -14 LAND USE MATTERS CONDITIONAL USE PERMIT/VARIANCES 31A. CONDITIONAL USE PERMIT NO. 2016 -14 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT RESTAURANT ACAPULCO LOCATED AT 2429 WEST MCFADDEN AVENUE, UNIT 106 - HA NGUYEN, APPLICANT (STRATEGIC PLAN NO. 3, 2;) - Planning and Building Agency Planning Commission approved recommended action on April 25, 2016, by a vote of 7 -0. MOTION: Receive and file the staff report approving Conditional Use Permit No. 2016 -14 as conditioned. TENTATIVE PARCEL /TRACT MAPS 32A. TENTATIVE TRACT MAP NO. 2016 -01 (COUNTY MAP NO. 17982) AND INCLUSIONARY HOUSING AGREEMENT TO ALLOW A SUBDIVISION FOR 38 CONDOMINIUM UNITS AT 1406 NORTH HARBOR BOULEVARD - KIM PRIJATEL, APPLICANT (STRATEGIC PLAN NOS. 3, 2, 5; 5, 3, 4) - Planning and Building Agency Planning Commission approved recommended action on April 25, 2016, by a vote of 7 -0. MOTION: 1. Receive and file the staff report approving Tentative Tract Map No. 2016 -01 (County Map No. 17982) as conditioned. 2. AGMT NO. 2016 -129 - Authorize the City Manager and Clerk of the Council to execute an Inclusionary Housing Agreement with Santa Ana 6 Inv., LLC for the construction of six (6) affordable units for the residential development located at 1406 North Harbor Boulevard, subject to non - substantive changes approved by the City Manager and City Attorney. * *END OF CONSENT CALENDAR ** CITY COUNCIL MINUTES 15 MAY 17, 2016 1 0A -15 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RESOLUTION FOR A RELOCATION PLAN FOR BRISTOL STREET PHASE 3A IMPROVEMENTS BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE (PROJECT NO. 136792) (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G & 3, 2C) - Public Works Agency Continued from the May 3, 2016 City Council meeting by a vote of 6 -0 (Tinajero absent). MOTION: Adopt a resolution. RESOLUTION NO. 2016 -030 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR PHASE IIIA IMPROVEMENTS OF THE BRISTOL STREET WIDENING PROJECT BETWEEN CIVIC CENTER DRIVE AND WASHINGTON AVENUE MOTION: Tinajero VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Sarmiento Benavides, Amezcua, Sarmiento, Tinajero (6) None (0) None (0) Martinez (1) Pulido, Reyna, 55B. RESOLUTION FOR THE FORMATION OF THE SANTA ANA WORKFORCE DEVELOPMENT BOARD AND APPOINTMENT OF MEMBERS AND DISMANTLING OF THE WORKFORCE INVESTMENT BOARD (WIB) {STRATEGIC PLAN NO 2, 41 - Community Development Agency Workforce Investment Board approved recommended action on March 17, 2016, by a vote of 14 -0. Councilmember Benavides, requested background on creation of new board and dissemination of Workforce Investment Board. Debora Sanchez, Economic Development Specialist III, summarized request and proposed composition of board. CITY COUNCIL MINUTES 16 MAY 17, 2016 1 0A -16 MOTION: 1. Repeal Resolution 2000 -015 which established the Santa Ana Workforce Investment Board required by the Federal Workforce Investment Act of 1998. 2. Adopt a resolution. RESOLUTION NO. 2016 -031 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE ESTABLISHMENT OF THE WORKFORCE DEVELOPMENT BOARD, APPOINTING MEMBERS THERETO, AND REPEALING RESOLUTION 2000 -015 THAT ESTABLISHED THE WORKFORCE INVESTMENT BOARD 3. AGMT NO. 2016 -130 - Authorize the Mayor and the Interim Chair of the Workforce Development Board to sign the Workforce Development Board Recertification Request for Program Years 2016 -2018 and direct staff to submit to the California Workforce Development Board. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Amezcua, Sarmiento, Tinajero (6) None (0) None (0) Martinez (1) Pulido, Reyna, 55C. RESOLUTION AMENDING FAIRMONT PERMIT PARKING DISTRICT TO INCLUDE THE PARK SANTIAGO NEIGHBORHOOD {STRATEGIC PLAN NO. 5, 4} - Public Works Agency Councilmember Benavides, concerned with permit parking in area. Public Works Agency, Executive Director Fred Mousavipour, indicated that each street in district needs to meet criteria; staff will determine hours and qualification. Councilmember Amezcua, clarified that Hoover Elementary in the area requesting parking permit. MOTION: Adopt a resolution. CITY COUNCIL MINUTES 17 MAY 17, 2016 1 0A -17 RESOLUTION NO. 2016 -032 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2003 -047 RELATED TO THE FAIRMONT PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT TO INCLUDE THE PARK SANTIAGO NEIGHBORHOOD MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Amezcua Amezcua, Pulido, Reyna Tinajero (5) Benavides (1) None (0) Martinez (1) Sarmiento, 55D. RESOLUTION SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS OF ARTICLE 2 OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FIREWORKS {STRATEGIC PLAN GOAL NO. 1, 2D} - City Manager's Office Approval of proposed resolution would establish the following specific administrative fines related to violations of Article 2 of Chapter 14 of the SAMC related to fireworks. Staff recommendation: • An administrative fine of 250 for the first violation • An administrative fine of $1,000 for each additional violation of the same code provision within one year from the date of the first violation The following speaker addressed the City Council on the matter: Cherie Kerr, opposed to fireworks; supports a City -Wide ban. Councilmember Reyna, motion to amend recommendation by increasing first fine to $1,000; seconded by Councilmember Amezcua. MOTION: Adopt amended resolution. RESOLUTION NO. 2016 -033 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA, SETTING ADMINISTRATIVE FINES FOR VIOLATING PROVISIONS FOR ARTICLE 2 OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE RELATING TO FIREWORKS MOTION: Reyna VOTE: AYES: SECOND: Amezcua Benavides, Amezcua, Sarmiento, Tinajero (6) Pulido, Reyna, CITY COUNCIL MINUTES 18 MAY 17, 2016 1 0A -18 NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) REPORTS 65A. RECEIVE AND FILE UPDATE ON SANTA ANA JAIL; AUTHORIZATION TO DEVELOP AND ISSUE A REQUEST FOR QUALIFICATIONS FOR JAIL RE -USE STUDY; AUTHORIZATION TO ENTER INTO NEGOTIATIONS FOR EARLY RETIREMENT INCENTIVES; AUTHORIZATION TO ENTER INTO AN AGREEMENT FOR A TRANSGENDER CARE PILOT {STRATEGIC PLAN NO. 1, 4A)- City Manager's Office Matter was continued from the April 19, 2016 City Council meeting due to unanticipated loss of quorum. Presentation by City Manager Cavazos City Council Direction • February 2, 2016 "Deny contract amendment, [1] engage community in developing solutions and request City Manager work with Police Chief in [2] strategizing sustainability of jail without the use of Federal dollars, if not feasible, [3] propose options to terminate jail services." • April 19, 2016 Public comments were received from approximately 37 individuals Santa Ana Jail Background • Santa Ana Strategic Plan — Goal 1 — Community Safety - Objective 4 - Strategy A Modify the Santa Ana jail business model and identify short- and long -term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency. • Resulted in per diem increase from $82 -$105 a 28% increase — the first increase in eight years. • Type II Facility- Opened January 1997 512 -bed capacity Average Daily Population 2016: 337 — Total Jail Population • 196 — I.C.E. Detainees CITY COUNCIL MINUTES 19 MAY 17, 2016 1 0A -19 125- U.S. Marshal Service 16 Bureau of Prisons Federal Agencies provide 98.8% percent of total population. Timeline of Federal Contracts at Santa Ana Jail • 1994 U.S. Marshals Service contract began at prior jail faci I ity(04/18/1994) • 1997 — INS /ICE detainees booked into Santa Ana Jail • 2006 — ICE enters into their own contract (07/03/2006) • 2015 — Federal Bureau of Prisons contract (11/18/2014) Strategic plan goal to increase revenue Transgender population module • In 2012 Santa Ana Jail implemented the first dedicated transgender detainee module in ICE System • Transgender Care Memorandum Distributed by DHS as guidelines for ICE field personnel for appropriate handling for transgender detainees The Transgender Care and Classification Committee — (TCCC) was incorporated into the Transgender Care Memorandum by ICE in June 2015 and presented to Santa Ana in September 2015. By adopting the TCCC program, SAPID would be the first agency to take into consideration the transgender population's preferences as it relates to their custody and placement within the facility Benefits of TCCC Pilot at Santa Ana Jail • Formation of committee to consider gender identity related preferences Medical Health professional *, Mental Health professional *, Housing Classification Supervisor, ICE Liaison, Federal Medical Consultant • Continued dedicated module — 64 beds • Access to local support services • Enhanced transgender detainee counseling services • Maintain current recreational facility access • Transgender specific educational programming • Increased staff training *City service provider- NaphCare Status of Transgender Care Discussions & Options • DHS — Requests the City's response by June Vt regarding contract Transgender Care and Classification Committee (TCCC) Pilot Creates one 64 person transgender population module Includes financial assurance to provide increased levels of service and care • The current contract expiration will not be changed CITY COUNCIL MINUTES 20 MAY 17, 2016 1 OA -20 • The 90 day exit provision will not change "[1.] Engage community in developing solutions" Meetings Community Groups #1 March 3, 2016 1. ACLU #2 March 4, 2016 2. De Colores #3 March 7, 2016 3. RAZZ #4 March 17, 2016 4. OCIYU #5 March 30, 2016 5. Transgender Law Center #6 April 4, 2016 6, LA LGBT Center #7 April 6, 2016 7. LGBT Center OC #8 April 11, 2016 8. UCI Law Students, 9. Mexican Consulate 10. I.C.E representatives (Local and Federal) 11. La Familia 12. CIVIC 13. Friends of the Orange County Detainees 14, El Centro Cultural de Mexico 15. Santa Ana Building a Healthy Community 16. Human Rights Watch 17. Santa Ana Police Officers Association "[2.] Strategizing sustainability of jail without the use of Federal dollars" • Jail Facility Debt $3 million annually through 2024 $24.3 million remaining debt balance • Operating Costs FY 2015/16 Cost $16.6 million • Not financially sustainable without Federal dollars Steps taken to provide fiscal sustainability /future options • Increased per diem from $82 to $105 • Reduced full time staff 2013 — 110 full -time 2016 — 93 full -time and 23 part -time • Reduced debt 2013 $30 million 2015 $24 million • Contract for transportation services City Council approved on April 19, 2016 "[3.] Propose options to terminate jail services" - Staff recommends RFQ for Jail Reuse RFQ for Jail Reuse Goals: Providing phase -out timeline options Provide re -use options CITY COUNCIL MINUTES 21 MAY 17, 2016 1 OA -21 Community & Labor representatives on RFQ selection committee Budget Request $100,000 anticipated costs for consultant "[3] Propose options to terminate jail services" - Staff recommends offering Retirement Incentives for Jail Employees • Goals Increase employee options for retirement Reduce long term costs 28 employees eligible for incentive program • 10 employees overage 55 "[3] Propose options to terminate jail services" - Staff recommends amending agreement with ICE for transgender module pilot • Goals • Increased service options for transgender population at Santa Ana Jail • Preserves high level of care for vulnerable population • Provides financial assurance to continue services Summary of Staff recommendations 1. Develop and issue a RFQ for Consultant- Jail Reuse and Phase -Out Options 2. Offer retirement incentives to eligible full -time jail employees 3. Amend Agreement with ICE for a Pilot Transgender Module The following spoke on the matter: • Naui Huitzilopotli, expressed strong opposition to ICE contract. • Agnes Gibboney, commented that son murdered by an illegal alien; supports ICE contract. • Charles Goldwasser, attorney for the Police Officers Association, noted that previous staff recommendation on ICE contract allowed for a five year contract extension; opined that closing jail in Santa Ana will only move detainees elsewhere and not provide enhanced services; requested reconsideration of ICE Contract. • Lupe Morfin Moreno, supports law enforcement, security and sovereignty in our City jail; supports ICE contract. • Raffella Gardner, related her positive experience with police officers and support of LGBT services offered at the Santa Ana Jail. • Sandra Gallegos, requested reconsideration of ICE Contract; pleased with LGBT programs. • Jeff Lejourneau, opposed to ICE contract and closure of jail. • Betty Jasper, requested consideration of enhanced services instead of wasted resources at jail; stop profiting on human lives. • Roberto Maciel, supports termination of ICE contract. CITY COUNCIL MINUTES 22 MAY 17, 2016 1 OA -22 • Mark Kiss, read statement on behalf of Mike Lopez who is president of the Santa Ana Chapter of SEIU 721 that represents over 800 employees in Santa Ana. • Hairo Cortes, program coordinator for Orange County Immigrant Youth United, opposed to ICE Contract; called the pilot a "cover for ICE to justify the continued detention of transgender immigrants." Mayor Pulido recessed matter to consider item out of order. AGENDA ITEM CONSIDERED OUT OF ORDER 65B. MATER DEI APPENDIX ANALYSIS AND UPDATE {STRATEGIC PLAN NO. NOT APPLICABLE) — City Manager's Office Matter agenized at the request of City Council; March 15, 2016 by a vote of 7 -0. Mayor Pro Tern Sarmiento requested a continuance to the next regularly scheduled City Council Meeting. MOTION: Continue consideration of matter to the June 7, 2016 City Council Meeting. MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Reyna Benavides, Amezcua, Sarmiento, Tinajero (6) None (0) None (0) Martinez (1) Pulido, Reyna, Mayor Pulido reconvened public speakers portion on Agenda Item 65A: • Dey Garcia, hunger striker; opposed to ICE contract; appealed to Councilmember Tinajero as a teacher to support students. • Carlos Perea, member of RAIZ, member of hunger strike effort opposed to ICE contract. • Roberto Herero, representative of De Colores, supports LGBTQ, committed to hunger strike and release transgender immigrants. • Marilyn Montano, member of RAZZ, supports ending ICE contract. • Patricia Suarez, commented that ICE Agents have taken the lives of some; will teach immigrant children to protect themselves and stand up for what they believe; justice for community. • Marcela Hernandez, member of Immigrant Youth Coalition, opined that refugees need support and programs; opposed to detention. CITY COUNCIL MINUTES 23 MAY 17, 2016 1 OA -23 • David Abud, resident of Los Angeles, works with Immigrant Youth Coalition at Deportation Center; urged all to take a stand against deportation and criminalization of families and transgender people. • Yamily Pardio, opined that ICE contract does not allow some members of community to trust police department; urged release of detainees; need to represent Santa Ana community. • Danny Martinez, organizer against deportation efforts and educator; requested proactive decision on ICE contract. • Edna Monroy, member of California Immigrant Youth Justice Allegiance, requested release of transgender sisters; City to fund essential programs. • Christina Fialho, attorney and Co- Executive Director of Community Initiatives for Visiting Immigrants, national group that monitors initiatives; opposed to recommendation #3; supports termination of contract with ICE, outreach community organizations on reuse and services; opposed to pilot program that will further support detention. • Jan Meslin, resident of Mission Viejo and member of CIVIC, noted that those she has visited at the jail are not serving time for a crime; opined that support services needed if members released; opposed to recommendation #3. • Wes Parker, member of The Remembrance Project; urged all to respect immigration laws, supports ICE contract. • Mike McGet, member of The Remembrance Project, supports ICE contract; important to keep City safe; spoke against illegal immigrants. • Rev. Kent Doss, member of The Remembrance Project, supports termination of contract when alternatives have been set -up. • Robin Hvidston, resident of Claremont and member of The Remembrance Project, supports Santa Ana Jail - offers humane services and model for other jails. • Jessica Ciefuegos, does not support or oppose ICE contract, but wanted to recount her positive experience as a transgender detainee. • Stella Stephens, commented that detention is available for those that have committed crime; supports renewal of ICE contract and services offered at Santa Ana Jail. • Etta Harbin, reported that she took a tour of the jail, very impressed; supports ICE contract. • Laura Kantor, Director of Policy Advocacy of LGBT; concerned with number of transgender people that have been murdered; urged City Council to end contract with ICE within 6 months and implement alternative detention programs. • Vaughn Becht, resident of Westminster, supports detention of those that commit crime. • Betty Robinson, supports ICE contract; took tour of jail and pleased with cleanliness. • Robert Lauten, supports renewal of ICE contract; opposed to study on reuse; facility should remain a jail. CITY COUNCIL MINUTES 24 MAY 17, 2016 1 OA -24 • Janet West, noted that May 15 is Peace Officers Day and this week is Police Officers Week; recognized lives lost in the line of duty. • Raul Rodriguez, commented that police officers are to be commended for upholding laws and serving both legal and illegal immigrants. • Juana Candia, member of OCCORD, spoke of need for dignity and respect by members of the community who speak against immigrants. • Maria Rodriguez, member of Inland Empire Youth Coalition and Immigrant Justice, opposed to ICE and transgender detention and separating members of our community. • Dr. Newman, read passage of bible regarding following laws; supports ICE contract. • Amanda Wallmer, works for Los Angeles LGBT Center, stated that today is Homophobia and Transphobia Day; opined that not all detainees are criminals; supports an end to transgender deportation. • Greg Holcomb, impressed with correctional officers and facility; renew ICE Contract; opposed to funding study on reuse. • Mitzie Perez, member of Inland Empire Youth Coalition, stand in solidarity with City; urged the City Council to cancel contract with ICE; need to keep families together. • Liz L., member of Inland Empire Immigrant Youth Coalition, supports phasing out of contract with ICE. • Chris Closser, opined that illegal activity needs to be prosecuted. • Gerry Serrano, Santa Ana Police Officers Association President, support efforts by the City Council to address public safety and provide dignified services for those imprisoned; supports item #3 and opposed to #2 not approve study on reuse. Council discussion ensued. Councilmember Amezcua, noted that all residents need to be treated with dignity; City needs to make responsible decisions for the benefit of all residents. Councilmember Reyna, commented that this is not an easy decision that has ripple effects. Councilmember Benavides, thanked all speakers; mentioned City efforts to create democratic process; citizenship fairs and the many challenges that the community phases; need to work together to make prudent decisions. Mayor Pro Tern Sarmiento, commented that vast majority of residents are law abiding; Police Department has a practice of not turning illegal aliens to ICE; recounted the many efforts by the City Council to protect immigrant rights over the years including approval of Dream Act and various resolutions on Immigration Reform; stated for the record that he does not support renewal of ICE contract; staff considering alternatives to fund jail debt; amended recommendations to request that staff look at options for CITY COUNCIL MINUTES 25 MAY 17, 2016 1 OA -25 detention facility and improve conditions and services; requested consideration of reduced fee study cost. Councilmember Tinajero, stated following facts for the record — US has 5% of population but highest number incarcerated; Wall Street Journal indicated that although illegal immigration increased, violent crime rates dropped; Public Institution of CA is incarceration rate of foreign born is lower than those born in the U.S.; thanked speakers; opined that immigrants are not cause of problems but does support phasing out of ICE contract; embrace diversity to progress as a Nation. Mayor Pulido, reiterated importance of respect for all; need to consider ICE contract as a separate issue from ability to process detainees by our police officers; actions need to be responsible to human beings. Councilmember Benavides, asked is $50,000 was sufficient to provide feasibility study. City Manager Cavazos, noted that scope of work has not been prepared and if needed will return to the City Council with request for increased funding. Motion to approve by Councilmember Benavides with amendment to reduce feasibility study from $100,000 to $50,000. Motion seconded by Mayor Pro Tern Sarmiento with friendly amendment as follow: include language that the consultant will address reuse as well as improved conditions at jail and alternatives to detention; include provision on ICE contract that City will not renew contract and let it expire. Mayor Pro Tern Sarmiento, asked if recommendation #4 was necessary; clarified that option is not binding. Mayor Pulido, opposed to recommendation #4; noted that matter premature to officer retirement incentives absent the findings of study. City Manager Cavazos, indicated that item #4 was voluntary and option for employees and normal when seeking reductions. FRIENDLY AMENDMENT TO MOTION: 1. Receive and file Council Update on Santa Ana Jail from February 2, 2016 City Council meeting. 2. Authorize City Manager to work with community members and labor representatives from the Police Officers Association to develop and issue a Request for Qualifications for a consultant to conduct a Jail Re -Use Study budgeted up to $50,000; and include language that the consultant will address reuse as well as CITY COUNCIL MINUTES 26 MAY 17, 2016 1 OA -26 improved conditions at jail and alternatives to detention; include provision on ICE contract that City will not renew contract and let it expire. 3. AGMT. NO. 2016 -131 - Authorize the City Manager to enter into an agreement for a Transgender Care and Classification Committee Pilot program. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Amezcua, Pulido, Reyna, Sarmiento, Tinajero (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez (1) MOTION: 4. Authorize City Manager to enter into negotiations with Police Officers Association to offer voluntary early retirement incentives to full -time staff in the Jail Facility. MOTION: Tinajero SECOND: Amezcua VOTE: AYES: Benavides, Amezcua, Reyna, Sarmiento, Tinajero (5) NOES: Pulido (1) ABSTAIN: None (0) ABSENT: Martinez (1) *Mayor Pulido recessed the meeting at 9:40 p.m. and reconvened with same members present at 9:48 p.m. WORK STUDY SESSION WS -A. CITY MANAGER'S PROPOSED FISCAL YEAR 16 -17 BUDGET Presentation by City Manager Cavazos CITY COUNCIL MINUTES 27 MAY 17, 2016 1 OA -27 Community Budget Meetings 1. Morrison Park Neighborhood April 21, 2016 2. Newhope Library April 26, 2016 3. Comlink Meeting April 28, 2016 4. Madison Elementary School May 5, 2016 5. McFadden Intermediate School May 10, 2016 Community Budget Meetings & Public Input • Continued public input through Community Budget Meetings (April — May) o Conducted 5 Budget Meetings • Approximately 290+ attendees • Main comments expressed • Park Improvements and Safety • Public Safety /Youth and Gang Prevention Programs • Pedestrian/Traffic Improvements • Homelessness • Code Enforcement FY 16 -17 Additional Adjustments _WE LISTENED! • Additional community safety and protection of park resources ($170k) — 2 FT Park Rangers (replacing 2 PT Park Rangers) • Extended hours for 2 community centers to facilitate mentorship support for youth participants and various recreational programs and activities ($150k) • Additional resources to enhance security services at Main Library ($214k) • Additional resources to ensure community livability (funding pending fee rate study) — 2 Code Enforcement Officers • Develop an asset management program to manage all city infrastructure capital assets and minimize capital costs through the addition of 1 Asset Manager ($150k) Additional funding: CDBG Proposed Project List - $2 Million — Bristol Property Sale (Anticipated July 2016) • Joint Use: Segerstrom High School ($500k) — Convert two baseball diamonds at Segerstrom High School to joint use by investing in sport field lights and other field improvements • Security Lights ($450k) — Replace existing wooden poles with concrete poles — Upgrade lighting to energy efficient LED fixtures and lamps CITY COUNCIL MINUTES 28 MAY 17, 2016 1 OA -28 • Centennial Park Walkway /Sidewalk Improvements ($430k) — Remove and replace sections of cracked walkway and asphalt • Skate Facility ($300k) — Construct a 2 "d skate park at CDBG eligible location • Thornton Parking Lot Renovation ($220k) — Renovations to preserve parking lot including: removing loose gravel, replacement of asphalt, striping of faded parking stall lines, ADA improvements • Birch Park Fence ($60k) — Design fence along the north and west side of the park for night closure — Purchase of equipment for the establishment of a 'movies in the park' program • Santa Ana Senior Center (3rd St.) — HVAC ($40k) — HVAC Upgrades Budget Schedule & Next Steps March 29, 2016 Sunshine Minute Budge Outede Meehn hPnlil, 2016 PMiminarytYev ClP psesenhhontolhe Planning Commission April 10, 2016 GF1Yaer Foreottt 8 4Year Plop rem GF Tnel Bud lPresentation d H21,101lu MPM Cwnmunlry BudgAMeet Mmtlwn pack NeiBrds A".,16,MI6 a16:3 e. Community Budget MeeOng wewAOpellMary PprOEB,'n. T,ftmM Immmuniry0udget Meeting ComlinkPArelln6—POli,A sru ht A. MaY6, i016a6:30pM Comma Budgo"eding MadsOnElemM Shod M`Y lo, IDl6at 6:WpM CemnunAY6udgIt 1-tiq kdaddenlntAnsA1WekAOd mom 16.1016 LirF Coun6ildneanomMnBnga R COMMENTS PUBLIC COMMENTS 1. Aida Rodriguez, concerned with proposed rehabilitation at the Mauna Lau Apartment complex proposed in her neighborhood. o Mayor Pro Tern Sarmiento, noted that item closely monitored by staff; thanked speakers for comments. 90A. CITY MANAGER'S COMMENTS - None CITY COUNCIL MINUTES 29 MAY 17, 2016 1 OA -29 90B. CITY COUNCILMEMBER COMMENTS Councilmember Benavides: • Commented that Cedar Evergreen Community will host Santa Ana Love Project; invited members of community to participate in beautification efforts. AGENDA ITEM CONSIDERED OUT OF ORDER 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Martinez from said meeting. MOTION: Pulido VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Benavides Benavides, Amezcua, Sarmiento, Tinajero (6) None (0) None (0) Martinez (1) Pulido, Reyna, ADJOURNED- 9:55 p.m. - The next meeting of the City Council is scheduled for Tuesday, June 7, 2016 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Fiscal Year 2016 -2017 Budget Approval • 2016 General Election — Giving Notice of Election and Consolidation • Economic Development Strategic Plan • General Plan Update, tentatively scheduled for February 2018 CITY COUNCIL MINUTES 30 MAY 17, 2016 1 OA -30 • Repk CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: ORDINANCE - SECOND READING: REZONING FOUR PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET FROM GENERAL COMMERCIAL (C -2) AND SINGLE FAMILY RESIDENCE (R -1) TO SPECIFIC DEVELOPMENT NO. 90 (SD -90) (AA NO. 2016 -02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 90 (SD -90) {STT,PTF-Ga LAN NO, 5,1 . CITY MANAGE RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 On May 17, 2016, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5 -0 (Martinez and Tinajero absent): ORDINANCE NO. NS -2899 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING FOUR PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET FROM GENERAL COMMERCIAL (C -2) AND SINGLE FAMILY RESIDENCE (R- 1) TO SPECIFIC DEVELOPMENT NO. 90 (SD -90) (AA NO. 2016 -02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 90 (SD -90) FOR SAID PROPERTIES 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 EXHIBIT: 1. Ordinance No, NS -2899 11 A -1 11 A -2 LS 4.1.16 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REZONING FOUR PROPERTIES LOCATED AT 1506 THROUGH 1548 WEST FIRST STREET FROM GENERAL COMMERCIAL (C -2) AND SINGLE FAMILY RESIDENCE (R -1) TO SPECIFIC DEVELOPMENT NO. 90 (SD -90) (AA NO. 2016 -02) AND ADOPTING SPECIFIC DEVELOPMENT NO. 90 (SD -90) FOR SAID PROPERTIES THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana does hereby find, determine and declare as follows: A. Amendment Application No. 2016 -02 has been filed with the City of Santa Ana to change the zoning district designation of certain real properties located at 1506, 1534 and 1548 West First Street from General Commercial (C -2) and Single- Family Residence (R -1) to Specific Development No. 90 (SD -90). Further, the City is proposing to change the zoning of a parcel located at 1526 West First Street from General Commercial (C -2) to Specific Development No. 90 (SD- 90). The Specific Development No. 90 zoning district (SD -90) would allow the development of the First and Pacific townhome development project, which would include 62 townhomes on a 2.47 acre parcel of land and allow the existing single - family residence to remain. B. The Planning Commission of the City of Santa Ana held a duly noticed public hearing on April 11, 2016, on Amendment Application No. 2016 -02 and recommended that the City Council adopt an ordinance approving Amendment Application No. 2016 -02, which is consistent with the General Plan, as amended by General Plan Amendment No. 2016 -02. C. This City Council, prior to taking action on this ordinance, held a duly noticed public hearing on May 3, 2016. D. The City Council also adopts as findings all facts presented in the Request for Council Action dated May 3, 2016 accompanying this matter. 11 A -3 LS 4.1.16 E. For these reasons, and each of them, Amendment Application No. 2016 -02 is hereby found and determined to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. Section 2. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (Environmental Review No. 2015 -09) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2015 -09 meets all requirements of CEQA. Section 3. The real properties located at 1506 through 1548 West First Street in Santa Ana are hereby reclassified from General Commercial (C-2) and Single Family Residence (R -1) to Specific Development No. 90 (SD -90). An amended Sectional District Map, showing the above described change in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. Section 4. Specific Development No. 90 (SD -90) attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein Is approved and adopted in its entirety. Section 5. This ordinance shall not be effective unless and until Resolution No. 2016 -029 (Environmental Review No. 2015 -09 and GPA No. 2016- 02) and Ordinance No. NS -2899 (Amendment Application No. 2016 -02) are adopted and become effective. If said resolution and ordinance are for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 11 A -4 LS 4.1.16 ADOPTED this day of 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By._ e Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2016, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Clerk of the Council City of Santa Ana 11 A -5 LS 4.1.16 11 A -6 LS 4.t% Exhibit A Sectional District Map 11 A -7 - ' X1111 ■�■ 41 4i 44' 6 , .uweu wve. Ri LL�y O/4 Y1 PT S � mxcez5u € 5 •'� PFxFSe i• F] R. o I 3T i ti CS -a R. ra IM� �w 5r Ri R� RE _ R� Ri • Q Ri Ri _ 0.1 sic c 5-u. i. fll RI cx[sM 0.2V Iry c t� Rt s R� F� R1 R 1 - `PI a F 1 L RI S R1 3 � � (I � ji � �l�l1.l 1- wry �Rf- L "L C X1111. 1 1 I IIl Q - 111j 5 •{(� /�T� jj jj R] R] Vni �1�1� �- R1- �_ O Q1 MCFADDEN AV i S F � R) •y� 1. f _ 5 RI rv_,rvrt c L City of Santa Ana Zoning Groy. ..t .f •i.'•t... Santa Ana Zoning Designations I Description Al General Agricultural D' Dowmown R4 Suburban Apartment Y• �{,f "' %..� C1 Community Commercial GC Government Carder RE Residential Estate rl °nm Cl-MD Community Commercial - Museum District MI light Industrial SD Specific Development C2 General Commercial M2 Heavy rial SP Specific Plan C4 Planned Shopping Carder O Open Space N Transit Village C5 Arterial Commercial P Professional UC Urban Center CDR Condor Ri Single - Famly Residence UNI Urban Neighborhood l •• —•�••) CR Commercial Residential R2 Tvro- Family Residence UN2 Urban Neighborhood C -SM Smith Main Street Commercial District R3 Muftiple- Family Residence _ I• a �.. � - E YW .Me x86 e fl �•.- ✓ %x � faR ' D 500 EXHIBIT A ;„ �„ I p ] �' Feet � 11 A -8 ' P _ cweu t u R aI iSP 0 mr s.v, R. o I 3T i ti CS -a R. ra IM� �w 5r Ri R� RE _ R� Ri • Q Ri Ri _ 0.1 sic c 5-u. i. fll RI cx[sM 0.2V Iry c t� Rt s R� F� R1 R 1 - `PI a F 1 L RI S R1 3 � � (I � ji � �l�l1.l 1- wry �Rf- L "L C X1111. 1 1 I IIl Q - 111j 5 •{(� /�T� jj jj R] R] Vni �1�1� �- R1- �_ O Q1 MCFADDEN AV i S F � R) •y� 1. f _ 5 RI rv_,rvrt c L City of Santa Ana Zoning Groy. ..t .f •i.'•t... Santa Ana Zoning Designations I Description Al General Agricultural D' Dowmown R4 Suburban Apartment Y• �{,f "' %..� C1 Community Commercial GC Government Carder RE Residential Estate rl °nm Cl-MD Community Commercial - Museum District MI light Industrial SD Specific Development C2 General Commercial M2 Heavy rial SP Specific Plan C4 Planned Shopping Carder O Open Space N Transit Village C5 Arterial Commercial P Professional UC Urban Center CDR Condor Ri Single - Famly Residence UNI Urban Neighborhood l •• —•�••) CR Commercial Residential R2 Tvro- Family Residence UN2 Urban Neighborhood C -SM Smith Main Street Commercial District R3 Muftiple- Family Residence _ I• a �.. � - E YW .Me x86 e fl �•.- ✓ %x � faR ' D 500 EXHIBIT A ;„ �„ I p ] �' Feet � 11 A -8 DEVELOP SPECIFIC DEVELOPMENT PLAN NO. 90 First and Pacific Project SECTION 1— ADDlicability of Ordinance The Specific Development Zoning District No. 90 (SD -90), as authorized by Chapter 41, Division 26, Section 41 -593 et seq., of the Santa Ana Municipal Code, is subject to the standards and regulations contained in this plan for the express purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code shall apply unless expressly waived or superseded by this ordinance. SECTION 2 — Purpose The Specific Development Plan No. 90 for the First and Pacific Project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. SECTION 3 — Uses Permitted in Specific Development Plan No. 90 The following uses are permitted in the SD -90 zoning district: a. One - family dwellings b. Multiple - family dwellings not exceeding a density of 26 dwelling units /acre. e. Accessory buildings and structures d. Community buildings e. One (1) temporary real estate office devoted to the sale of real estate in the tract in which it is located, which shall be used until all units close escrow. f. Home occupations, pursuant to section 41 -192.1 et. seq. of the Santa Ana Municipal Code SECTION 4 — Uses Subject to a Conditional Use Permit in Specific Development Plan No. 90 Any use which may be permitted in the R -2 district subject to the issuance of a conditional use permit pursuant to section 41 -247.5 may likewise be permitted in the Specific Development Plan No. 90 subject to a conditional use permit SECTION 5 — Minimum Parcel Area in Specific Development Plan No. 90 The minimum parcel area is 2 acres. Existing parcels of land less than 2 acres in size will retain their legal nonconforming status. SECTION 6 — Minimum Street Frontage in Specific Development Plan No. 90 The Project (parcel) shall have a minimum street frontage of at least 200 feet. Existing parcels of land less than 2 acres in size will retain their legal nonconforming status. EXHIBIT B 11 A -9 SPECIFIC DEVELOPMENT STANDARDS SECTION 7 — Building Height in Specific Development Plan No. 90 No primary structure shall exceed forty (40) feet or three (3) stories in height, as measured from the lowest adjacent grade of the structure to the top of the structure. SECTION 8 — Maximum Floor Area Ratio (FAR) in Specific Development Plan No. 90 The maximum FAR in Specific Development Plan No. 90 is 1.0. SECTION 9 — First Street setbacks in Specific Development Plan No. 90 There shall be a setback of not less than ten (10) feet as measured from the property line. Porches and architectural features may encroach no more than 50 percent into the required setback with a minimum distance of five (5) feet from the property line. SECTION 10 — Pacific Avenue setbacks in Specific Development Plan No. 90 There shall be a setback of not less than five (5) feet as measured from the property line. Cornices, eaves, chimneys, and similar architectural features may extend into the required setback a distance not to exceed three (3) feet. SECTION 11— Walnut Street setbacks in Specific Development Plan No. 90 There shall be a setback of not less than ten (10) feet as measured from the property line. Porches and architectural features may encroach no more than 50 percent into the required setback with a minimum distance of five (5) feet from the property line. SECTION 12 — Side vard setbacks in Specific Development Plan No. 90 A setback of not less than five (5) feet is required as measured from the property line. Cornices, eaves, chimneys, and similar architectural features may extend into the required side yard setbacks a distance not to exceed three (3) feet. SECTION 13 — Development Standards in Specific Development Plan No. 90 Lots in the SD -90 district shall comply with the following standards: a. Front- and street - oriented side yards shall be landscaped, with the exception of approved driveways, utilities, sidewalks, and other hardscape features. b. The perimeter fencing for the structures cannot exceed six (6) feet in height, exclusive of pilasters and any retaining condition, unless otherwise approved by the Planning Division. SECTION 14 — Parking Requirements in Specific Development Plan No. 90 a. The minimum parking requirements for the multifamily dwelling units is two (2) enclosed parking spaces per unit. These spaces shall be in an enclosed garage, either in a side -by -side or tandem orientation. 11A -10 6LOPMENT STANOAR b. Each parking stall in a two -car garage shall not be less than twenty (20) feet long and nine (9) feet wide. c. A minimum of fifteen (15) guest parking spaces must be provided. Any reduction in guest parking that is due to safety, circulation or other purposes is subject to the approval of the Planning Division. d. All other parking uses shall be pursuant to Santa Ana Municipal Code Chapter 41, Article XV. SECTION 15 — Open Space Standard for Specific Development Plan No. 90 1. The combined common open space provided shall be a minimum of 18,000 square feet. a. Open spaces within the project shall include, at a minimum, the following: 1) BBQs 2) Outdoor seating 3) General landscaping 4) Any other recreational amenities as permitted by the Planning Division 2. Private open space shall be provided for each unit; the total private open space per unit shall be a minimum of seventy -five (75) square feet. 3. If minor modifications are required, increases or reductions in the amount of private or common open space are subject to the approval of the Planning Division. SECTION 16 — Landscape Standards for Specific Development Plan No. 90 In the SD -90 district, all yards shall be landscaped. All landscaping shall be installed pursuant to a landscaping plan approved by the Planning Division. 1. Project Landscaping: a. Landscaping must be compliant with the City of Santa Ana's Landscape Water Conservation Ordinance and local California Water Regulations (AB 1881). b. Irrigation Systems: Landscaping shall have a fully automatic irrigation system; irrigation (including spray and/or drip) shall be provided and installed per California Water regulations and City standards. 2. All meters shall be appropriately screened from public view with trellis work and vines or a hedge -type shrub, or be incorporated into the residential structure. 3. Maintenance: a. All plant material shall be maintained per Section 41 -609 of the Santa Ana Municipal Code. 3 11A -11 11A -12 THURSDAY, MAY 19, 2015 6:00 P.M. AGENDA CALL TO ORDER City Hall, Ross Annex, Room 1600 20 Civic Center Plaza, Santa Ana, California COMMITTEE MEMBERS: Sal Tinajero & Angelica Amezcua, Chair STAFF: David Cavazos, City Manager, Sonia Carvalho, City Attorney & Maria Huizar, Clerk of the Council 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. APPROVE MINUTES OF THE NOVEMBER 30, 2015 SPECIAL MEETING {STRATEGIC PLAN NO. 5, 1} 2. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS {STRATEGIC PLAN NO. 5, 11 3. CONTINUED ITEM - REVIEW OPTIONS FOR CONSIDERATION REGARDING COUNCIL CONDUCT POLICY {STRATEGIC PLAN NO. 5, 1) • Option #1 (status quo) - Utilizing the existing Code of Ethics and Conduct as well as current options available. • Option #2 - Modeled after the City of Los Angeles censure procedures and not as elaborate as the City of San Jose (see attached) Miguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, Mayor Mayor Pro Tem, Ward 1 Ward 2 sPurtlondeanfa- ana.om VSOrin I nlOrdaen a -a mmadlnezad aria- ana.orn City Hall, 20 Civic Center Plaza Mayor & Council Telephone: 714. 647.6900 • A Ana City Council Angelica Amezcua, Ward 3 Mmeznu.*ra na- • P.O. Box 1988 gencla Item Inquirit 13A -1 P. David Benavides, Roman Rayne, Sal Tinajero, Ward 4 Ward 5 Ward 6 Oaenevltlea(dsena ene RReona(daenfa -anaaa STinoierorrdsan�a -a a r • Santa Ana, California 92702 is: 714. 647.6620 • Website: w .santa- ana.om CITY OF SANTA ANA REGULAR MEETING OF THE CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE THURSDAY, MAY 19, 2015 6:00 P.M. AGENDA CALL TO ORDER City Hall, Ross Annex, Room 1600 20 Civic Center Plaza, Santa Ana, California COMMITTEE MEMBERS: Sal Tinajero & Angelica Amezcua, Chair STAFF: David Cavazos, City Manager, Sonia Carvalho, City Attorney & Maria Huizar, Clerk of the Council 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. APPROVE MINUTES OF THE NOVEMBER 30, 2015 SPECIAL MEETING {STRATEGIC PLAN NO. 5, 1} 2. ANNUAL REVIEW OF CODE OF CONDUCT AND ETHICS {STRATEGIC PLAN NO. 5, 11 3. CONTINUED ITEM - REVIEW OPTIONS FOR CONSIDERATION REGARDING COUNCIL CONDUCT POLICY {STRATEGIC PLAN NO. 5, 1) • Option #1 (status quo) - Utilizing the existing Code of Ethics and Conduct as well as current options available. • Option #2 - Modeled after the City of Los Angeles censure procedures and not as elaborate as the City of San Jose (see attached) Miguel A. Pulido, Vincent F. Sarmiento, Michele Martinez, Mayor Mayor Pro Tem, Ward 1 Ward 2 sPurtlondeanfa- ana.om VSOrin I nlOrdaen a -a mmadlnezad aria- ana.orn City Hall, 20 Civic Center Plaza Mayor & Council Telephone: 714. 647.6900 • A Ana City Council Angelica Amezcua, Ward 3 Mmeznu.*ra na- • P.O. Box 1988 gencla Item Inquirit 13A -1 P. David Benavides, Roman Rayne, Sal Tinajero, Ward 4 Ward 5 Ward 6 Oaenevltlea(dsena ene RReona(daenfa -anaaa STinoierorrdsan�a -a a r • Santa Ana, California 92702 is: 714. 647.6620 • Website: w .santa- ana.om • Option #3 —Modeled after the City of San Jose which is an elaborate policy which provides detailed guiding principles, definitions, and process of investigation (see attached). 4. CONTINUED ITEM - DISCUSSION ON DRAFT ORDINANCE ON CONTRIBUTION LIMITS FOR LEGAL DEFENSE CAMPAIGN CONTRIBUTION ACCOUNTS {STRATEGIC PLAN NO. 5, 1} 5. COMMITTEE MEMBER COMMENTS {STRATEGIC PLAN NO. 5, 11 ADJOURNMENT — Next regularly scheduled meeting is November 17, 2016 ®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 v accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102] 13A -2 MINUTES OF THE SPECIAL MEETING OF THE CODE OF CONDUCT AND ETHICS COUNCIL COMMITTEE NOVEMBER 30, 2015 Meeting Convened at City Hall, Ross Annex, Room 1600, 20 Civic Center Plaza Santa Ana, CA at 4:02 p.m. In attendance were Committee Members Sal Tinajero and Angelica Amezcua, Chair and Staff members David Cavazos, City Manager; Sonia Carvalho, City Attorney and Maria D. Huizar, Clerk of the Council. PUBLIC COMMENTS — None AGENDA ITEMS 1. APPROVE MINUTES OF THE OCTOBER 1, 2015 SPECIAL MEETING (STRATEGIC PLAN NO. 5, 1) Motion by Tinajero, seconded by Amezcua to approve Minutes. Motion carried. 2. REVIEW OPTIONS FOR CONSIDERATION REGARDING COUNCIL CONDUCT POLICY • Option #1 (status quo) - Utilizing the existing Code of Ethics and Conduct as well as current processes • Option #2 - Modeled after the City of Los Angeles censure procedures which is a simple process and not as elaborate as the City of San Jose (see attached) • Option #3 — Modeled after the City of San Jose which is an elaborate policy which provides detailed guiding principles, definitions, and process of investigation (see attached). Discussion ensued. Committee recommended consideration of Options 2 and 3 by the full City Council. Chair Amezcua, suggested that proposed language be concise and consequences clear. City Manager Cavazos, indicated that fiscal impacts, staffing and implementation schedule need to be considered before proposal finalized. Proposal to be brought back to Committee consideration before presented to full City Council. Minutes of the Code of Conduct and Ethics Committee Page 1 October 1, 2015 13A -3 3. DISCUSSION ON DRAFT ORDINANCE ON CONTRIBUTION LIMITS FOR LEGAL DEFENSE CAMPAIGN CONTRIBUTION ACCOUNTS — Continue item to the next regular meeting at the request of Committee Member Tinajero Matter deferred to next regular meeting. 2. COMMITTEE MEMBER COMMENTS {STRATEGIC PLAN NO. 5, 1) - None ADJOURNED — 4:09 p.m. Maria D. Huizar Clerk of the Council Minutes of the Code of Conduct and Ethics Committee Page 2 November 30, 2015 13A -4 D OAA AA ( COUNCIL COMMITTEE MEETING AGENDA PUBLIC SAFETY AND NEIGHBORHOOD IMPROVEMENT May 24, 2016 5:30 P.M. CANCELLED CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Benavides, Tinajero Staff: Police Chief, OCFA Division Chief, Sr. 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 2 -22 -16 Meeting 2. Animal Services (Discussion of Service Delivery of Santa Ana Animal Control) — Commander Phil Craft {Strategic Plan Goal No. 1, 3a} Police Officer Body Cameras ( Project Update) — Commander Jason Viramontes (Strategic Plan Goal No.1, 1f and 3b) Customer Service Improvements Related to Police Operations (Innovation and efficiency to improve customer service throughout the Police Department.) — Commander Jose Gonzalez {Strategic Plan Goal No.1, 1 and Goal 7, 1} 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, Vicente Sarmiento, Michele Martinez, Angelica Amezcua, P. David Benavides, Roman Rayne, Sal Tlnajoro, Mayor Mayor Pro Tom, I Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPUIItlorr45anta ana.om Ward VSannlen ola2sanlaana om MMatllneiitlsana AAmazcuaOsanla -an—M DBenavitlesrasanta -ana.— I RRevnarASaMa-ana.om a'rne,.,@asneana 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 c website: www.santa- ana.ora 13A -5 3 Community Oriented Policing (Update on Community Survey) — Commander Ken Gominsky {Strategic Plan Goal No. 1,1a) Police Officer Hiring (Update on Recruitment and Hiring of Police Officers) — Police Admin. Manager Robert Carroll {Strategic Plan Goal No. 1, 1 i) COMMITTEE MEMBER COMMENTS FUTURE AGENDA ITEMS ADJOURNMENT — The next Public Safety and Neighborhood Improvement meeting is scheduled for Tuesday, July 26, 2016, 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 hqp, / /www. santa - ana.org /strategic -planninq /. ML 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 ll, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, Vicente Sarmiento, Michele Martinez, Angelica Amezcua, P. David 6enavides, Roman Reyna, Sal TinaJero, Mayor Mayor Pro Tem, Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 MPUdoGdurta.ane om Ward 'I MM.dn- M.Ita- 111 .ota AAmezcua(clsenta- ana.ota eaenavd- ,Mama ane.om RRevnad, senla -ane om STlnaemrQante- ,,e.oro VSarmiento(olsantaaag 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 13A -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR MAY 2016 {STRATEGIC PLAN NO, 6,1 CITY MANAGE • • Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended El As Amended [] Ordinance on 181 Reading Ordinance on 23d Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER The May 2016 Capital Improvement Program Executive Summary Schedule (Exhibit 1) provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes, and percentage completed for each project. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this Item. aellousavipour Executive Director Public Works Agency FM:Io Exhibit: 1. Capital Improvement Program — Executive Summary Schedule 19C -1 19C -2 I( W J �+ E z Q � n E_ O '� -'1D•f '- g 3~ � ° a v W > Q 2 - 88$888888888888' °88 °8 8 88 a o z 9 asaa §$saga kill O O J � i H a a Q E t d t 5 0� c 8 � m N€ 8 '� • d a s• `;° 4 g�� ;? t a� m y� N E n i y= h @ @• °� r S Y° w °° n E E V Z °„ m m u c ` c a .R if 6 - 11 a a a a „ o r4 0 0 0 0 0 0 0 0 0 0 z z z z N.. ti 1! 1! f! @ @@ 1! 1! L L°..... EXHIBIT 1 19C -3 s Sz s � ca W G J 6 N N m ~ ' I Y W E Id 3�ry a= v �9'a Z ass�sssgg.s..as$gs88s sa 8 $8 V1 Wc F I I LL G c � c tl tl� tl tl a� tl tl tl tl � 5 - =-a° a sx��r.1.1.19 ..yy �.yxzxxJx�xxxx'fzzz J a F V g E E i E Y G s d E € m- E "-- 1 0� n HILL: ` €k �z6N4a$$3�33i�a�.zy_ a° u u �` ¢' ". m E 3 ' i c` c i c° C >" '�-m c E k` i u E FL° 3 --- asoea= E m 2 44 g' m a eej�Xe�sS3�7jyj3. 19C -4 \ ! \ ƒ� :§ \ LD \ k \(rya k §< / m <& k0Z §E02� } a§ r b * §lilI | | | | | | | || § § . .. ... § � �- l;iift!!'�! {; ! #$ E Elitf� /� |{ §§ {i is EE !! ;!■ 1§C -5 } \ } \\ } t(\ !! - l•2E..!! || {� || !! || \ 19C -6 at } 7 a r a i (a I J — � a 3 Y "` W sss.8lsles SI I I °88 e Q O Z CL a �nNC ��ryti Q ^. �o 5 N�� wgsul�NNN vi Z H 12 N z R y3. N° z N a z q z z N N q z z z z qz z z z Q `z° N q z 9. i ii x x x x x i. x x x i i i VVV�V�VVVVV�VVVVVVV .i$ • � u�a" u W u u W euu 3u d u..... 4 4 a W 4 a: � .�i .. 4 J Y i � c °' A5Nym n° a q= oaa?smO�gX sups ° A c L g ESE gg C g �` a '" .c S m C 8 ,s Sf R9f soa 65o2s¢W zaizm.^. ¢c o ir ti 19C -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: SANTA ANA STADIUM CONSTRUCTION UPDATE {STRATEGIC PLAN NO. 6, 1B & 1G} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .00 pl ❑ As Recommended ❑ As Amended ❑ Ordinance on 10 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file an update on the Santa Ana Stadium construction. DISCUSSION The Santa Ana Stadium, also known as the Eddie West Field and the Santa Ana Bowl, is a City - owned 9,000 seat football stadium that was constructed in 1963. It's been over 52 years since the Santa Ana Stadium has undergone any major construction to mitigate the adverse impacts of aging and weathering of the infrastructure. After much review and consideration of funding options, it was determined to schedule the Stadium for substantial concrete repair. On January 19, 2016, City Council approved a contract with Metro Builders & Engineers Group, Ltd. for structural concrete repairs scheduled to be completed by May 2016. The intent was to complete construction by May 2016 to avoid any impacts on Stadium use, specifically graduations ceremonies and major high school and College football games traditionally conducted at the Stadium. In late March 2016, while working to complete the necessary repairs, the contractor discovered significant structural deficiencies in the Stadium's concrete and corroded steel (Exhibit 1). The unforeseen deficiencies required additional emergency repairs to the concrete as well as to the reinforced steel that are scheduled to be completed by September 2016 (Exhibit 2). Fortunately, the Stadium's field has not been impacted by the construction and the community continues to use the field on a daily basis. In the effort to minimize field use impacts for sports organizations at the Stadium field and the Dan Young Soccer Complex (scheduled for synthetic turf replacement from June - August 2016), staff will meet with the impacted sports organizations to share an alternative field plan that will ensure that any affected field users are accommodated. Furthermore, staff, in partnership with the Santa Ana Unified School District ( SAUSD) and Santa Ana College (SAC), have made every effort to accommodate the annual graduation and commencement ceremonies at Centennial Park and will continue to assist. The City has decided to co- sponsor the majority of the fees associated with the graduation ceremonies for SAUSD and commencement ceremony for SAC. There are additional costs to be incurred by SAUSD and Santa Ana College that include costs for street safety and traffic control, which are assessed by the Santa 19D -1 Santa Ana Stadium Construction Update June 7, 2016 Page 2 Ana Police Department. Staff continues to work closely with SAUSD and SAC to assist and co- sponsor fees within the limits and authority established by policy and ordinances. STRATEGIC PLAN ALIGNMENT Infrastructure, tructure, Objec ve #1p (establish City's and maintain tainoa Community #Investment uPlan for IlalleCity 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) and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plan) FISCAL IMPACT There is no fiscal impact associated with this item. Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency Exhibits: 1. Stadium Structural Beam Photo 2. Stadium Concrete Repair Photos Public Works Agency 19D-2 Exhibit 1 Stadium Structural Beam Photo 19D-3 Red areas are unforeseen conditions STADIUM - EASTSIDE (UNDER CONSTRUCTION) 19D-4 Green areas are contract work Red areas are unforeseen conditions STADIUM - WESTSIDE (REPAIRED) 19D -5 Exhibit 2 Stadium Concrete Repair Photos 19D-6 19D-7 19D-8 19D-9 3C a� AWV 19D -10 19D -11 19D-12 � k k z71ro -- - 19D-13 19D -14 I Af ffffl- 19D -15 Al re 1 IL A�i 19D -16 ILL *1741 F 19D-17 4 14 t- r 19D -18 COUNCIL REQUEST FOR ACTION " (��pVlf�lllll911�« COUNCIL CITY DATE: t CLERK OF COUNCIL USE ONLY: MAY 17, 2016 TITLE: APPROVED APPROPRIATION ADJUSTMENT - ❑ As Recommended WORKFORCE INNOVATION AND ❑ As Amended OPPORTUNITY ACT FUNDS FOR ❑ Ordinance on 1" Reeding PROGRAM YEAR 2015 -2016 El Ordinance on 2 "a Reading 17 Implementing Resolution {STRATEGIC PLAN NO. 2,4) ❑ Set Public Hearing For I CITY MANAGER CONTINUED TO � (a "/ aLl� FILE NUMBER RECOMMENDED ACTION Approve an appropriation adjustment recognizing additional Workforce Innovation and Opportunity Act grant funds in the total amount of $4,030 in revenue account (no. 12318002- 52001) and appropriating as follows: • $343 in Administrative Allowance funds to Reserve Appropriation account (no. 12318752- 69011); • $1,941 in Adult funds to Reserve Appropriation account (no. 12318753- 69011); • $1,150 in Dislocated Worker funds to Reserve Appropriation account (no. 12318754- 69011); and • $596 in Rapid Response funds to Miscellaneous Operating expense account (no. 12318756 - 63001) DISCUSSION The federal Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014. WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and match employers with the skilled workers needed to compete in the global economy. WIOA supersedes the Workforce Investment Act of 1998 and the first legislative reform of the public workforce system in 15 years. The Act went into effect on July 1, 2015 with the Department of Labor responsible for its implementation. California is a direct recipient of WIOA funding and contracts with designated Local Workforce Development Areas (LWDA) to address workforce needs of employers and the community. The California Workforce Investment Board recommended approval that the City of Santa Ana be designated as a local workforce development area under WIOA. The Governor and Secretary of the Labor and Workforce Development Agency concurred with the recommendation. The 20A -1 Appropriation Adjustment — WIOA Grant Funds Fiscal Year 2015 -2016 May 17, 2016 Page 2 designation is from July 1, 2015 to June 30, 2017, it will be reviewed and evaluated every two years against federal performance and compliance outcomes. On August 18, 2015 City Council authorized the execution of a new sub -grant agreement with the Workforce Services Division of the State Employment Development Department (EDD) and approved an appropriation adjustment to recognize the $13,554 additional Youth funds that were not anticipated at the time of the Fiscal Year (FY) 2015 -16 budget adoption. On March 1, 2016 City Council authorized the recognition of $104,529 in additional program funds allocated by EDD through unilateral sub -grant modifications to the agreement. EDD has released information notifying LWDAs that the U.S. Department of Labor has overturned the 0.2108 percent recession that was applied to the second round funding allotments. Therefore, Santa Ana has been awarded additional grant funds for Adult, Dislocated Worker, and Rapid Response as shown on the table below: The WIOA regulations allow each LWDA to use ten percent of Adult, Dislocated Worker, and Youth funds for administrative costs. Ten percent of the additional Adult and Dislocated Worker funds are $343. The remaining Adult and Dislocated Worker funds will be utilized to provide career and training services to participants in the community that need assistance. Rapid Response funds generally have only a one year grant period. Therefore, the additional $596 must be expended before the end of the current fiscal year to respond to layoffs and dislocations, and preventing or minimizing their impacts on workers and businesses. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 (Youth, Education, Recreation), Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Approval of the appropriation adjustment will recognize $4,030 in revenue account (no. 12318002- 52001) and appropriate $4,030 for expenditure as follows: 20A -2 Adult Dislocated Worker Rapid Response Totals Final Allocation Amounts $1,112,927 $713,948 $258,159 $2,085,034 Appropriated Amounts FY to Date $1,110,771 $712,670 $257,563 $2,081,004 Difference $ 2,156 $ 1,278 $ 596 $ 4,030 The WIOA regulations allow each LWDA to use ten percent of Adult, Dislocated Worker, and Youth funds for administrative costs. Ten percent of the additional Adult and Dislocated Worker funds are $343. The remaining Adult and Dislocated Worker funds will be utilized to provide career and training services to participants in the community that need assistance. Rapid Response funds generally have only a one year grant period. Therefore, the additional $596 must be expended before the end of the current fiscal year to respond to layoffs and dislocations, and preventing or minimizing their impacts on workers and businesses. STRATEGIC PLAN ALIGNMENT Approval of these items assists the City in meeting Goal #2 (Youth, Education, Recreation), Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT Approval of the appropriation adjustment will recognize $4,030 in revenue account (no. 12318002- 52001) and appropriate $4,030 for expenditure as follows: 20A -2 Appropriation Adjustment — WIOA Grant Funds Fiscal Year 2015 -2016 May 17, 2016 Page 3 Account Program Expenditure in FY Amount 12318756 -63001 Rapid Response 2015 -16 $ 596 12318752 -69011 One Stop Admin 2016 -17 343 12318753 -69011 Adult 2016 -17 1,941 12318754 -69011 Dislocated Worker 2016 -17 1,150 TOTAL: $4,030 R be C. Cortez -- -m' Special Assistant to the City Manager City Manager's Office RC /DS APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 20A -3 20A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: INCREASE SCOPE OF CONTRACT WITH METRO BUILDERS & ENGINEERS GROUP, LTD. FOR SANTA ANA STADIUM STRUCTURAL CONCRETE REPAIRS (PROJECT: 16 -2658) (STRATEGIC PLAN NO. 6, 1Band 1G) ti YMANAGE CLERIC OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution C] Set Public Hearing For FILE NUMBER Approve an increase of $800,000 to Metro Builders & Engineers Group, Ltd. construction oontract for the Santa Ana Stadium Structural Concrete Repair Project, to address the urgent safety and liability issues that were discovered during construction, subject to nonsubstantive changes approved by the City Manager and City Attorney, 2. Approve Appropriation Adjustment to recognize Liability & Property Insurance Fund Reserves in Balance from Prior Year revenue account 08009002 -50001 and appropriate same to expenditure account 08009051 -88220 in the amount of $800,000. DISCUSSION On the January 19, 2018, City Council awarded a contract to Metro Builders & Engineers Group, Ltd. with a total project cost analysis in the amount of $889,300 to construct the Santa Ana Stadium Structural Concrete Repair Project (Exhibit 1). The project was intended to repair the stadium's structural integrity by repairing various locations with visible deteriorated concrete, which has caused reinforcing steel to become corroded. During construction, an excessive amount of hidden corroded steel was discovered on critical support beams and girders. The repair methods of the added work require much more comprehensive shoring and a modified process In order to minimize construction delays. This additional work also requires City staff to procure additional support services from structural engineers to design retrofit repairs that will allow use of this public facility during repairs. The unforeseen additional work was not part of the original scope, but is necessary to reopen and allow the public to use the stadium facility. Staff recommends Increasing Metro Builders scope by an additional $800,000 to expedite the repairs and minimize the disruption to the public events that regularly take place at the stadium. 20B -1 Increase Scope of Contract with Metro Builders & Engineers Group, Ltd. May 17, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6- Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan (e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2015 -111 was filed for these projects. FISCAL IMPACT The Project Cost Analysis originally estimated project expenditures of $689,300, which included the construction contract, construction administration, inspection, testing, surveying and contingencies (Exhibit 2). An additional $800,000 will be added to the project for the additional scope of work. With approval of the Appropriation Adjustment, funding is available in the Liability and Property Insurance Fund (Account No. 08009051 - 66220) for project 16 -2656 for expenditure in Fiscal Year 2015 -16. JJe-_ Frtd Modsavipour Ex cutive Director Public Works Agency FM /EWG/TC /MO Exhibits: 1. Location Map 2. Cost Analysis APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency 20B-2 mm�" " 6TH STREET I LEGEND= a� PROJECT AREA EXHIBIT 1 0 o SANTA ANA CITY CCUNCL PROJECT 16 -2656 } } -7 AGENDA DATE; SANTA ANA STADIUM MAY 17, 2016 STRUCTURAL CONCRETE REPAIRS °"`` "P PAGE 1CF1 EXHIBIT 1 r1- COST ANALYSIS PROJECT NO. 16 -2656: SANTA ANA ATADIUM STRUCTURAL CONCRETE REPAIR Construction Contract $468,639.60 Contract Administration $38,133.00 Inspection and Testing $51,535.40 Survey $0.00 Contingencies $130,992.00 Additional Scope of Work (this action) $800,000.00 TOTAL ESTIMATED PROJECT DELIVERY COST $1,489,300.00 EXHIBIT 2 �7 Y i' L+ i •1 q[• 3 I R i� d�� I I f I.[�� 7 s � � JUNE 7, 2016 TITLE: CONTRACT AMENDMENT WITH UNITED SITE SERVICES FOR CHAIN LINK FENCE RENTALS (SPEC. NO. 16 -070) (STRATEGIC PLAN NO. 5,4) CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with United Site Services to increase the aggregate limit by $30,000 for a total amount not to exceed $55,000 for chain link fence rentals, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION City departments and agencies use temporary fencing to ensure public safety and reduce liability around City -owned properties as needed. Fencing is rented on a month -to- month, six - month, or annual basis, and is installed within 24 hours, when necessary to provide immediate public safety. The $25,000 contract with United Site Services for chain link fence rentals throughout the City expires on June 30, 2016. Staff determined that appropriated funds would be exhausted before the end of the current fiscal year. As a result, a formal bid solicitation was prepared and advertised on April 18, 2016, with bids due May 10, 2016. 19 vendors were notified; however, no bids were received. Due to the unresponsiveness to the advertised bids along with the existing fence rentals under contract throughout the City and the ongoing need for these services by the Parks, Recreation and Community Services and Community Development Agencies, staff requests approval to increase the aggregate limit with United Site Services by $30,000 to allow for continuous service. The increase to the contract allows for staff to determine the unresponsiveness to the solicitation and commence a new bidding process. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 22A -1 Contract for Chain Link Fence Rentals June 7, 2016 Page 2 FISCAL IMPACT Funds in the amount of $30,000 are available in Fiscal Year 2015 -16 as follows: $3,000 $3,500 $7,000 $6,000 $5,000 $3,000 $2,500 01113250 -6232C 01113230 -6232C 03217662 -6622C 05917661 -6622C 06817640 -6230C 60718810 -6230C 67018850 -6230C rr a iwousavipour Ex cutive Director Public Works Agency Park Maintenance Recreation and Community Services Measure M2 Local Fairshare OCTA Bristol Street Corridor Improvements Environmental Sanitation Housing Asset Administration Redevelopment Obligations Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Robert C. Cortez Special Assistant to the City Manager City Manager's Office 22A -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: CONTRACT AMENDMENT WITH KONE, INC. FOR REPAIRS TO FREIGHT ELEVATOR (SPEC. NO. 15 -132) {STRATEGIC PLAN NO. 6,2) CITY MANAGE 1:7T�*7� 17 �i l iii l ► ■ � +� CLERK OF COUNCIL USE ONLY: ON11ROIWA ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Amend the contract with KONE, Inc. for repairs to freight elevator 4H in the Police Department Detention Facility in the amount $24,550, which includes $10,000 contingency, for a total amount not to exceed $68,550, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On February 16, 2016, Council awarded a contract to KONE, Inc. to remove, rebuild and reinstall a failed hoist motor to the freight elevator at the Jail in the amount of $44,000. During reinstallation of the hoist motor it was discovered that the hoist machine worm gear shaft thrust bearings also need to be replaced. The condition of these parts was undetectable with a non - operable elevator. Jail elevator 4H is the only freight service elevator in the Jail with roof access. The inoperable service elevator has precluded Building Maintenance staff and contractors from completing necessary repairs as they are unable to transport heavy equipment to the roof and various housing units. In order to have a fully operational freight elevator and ensure staff can transport personnel and equipment to multiple floors during normal operations, and more importantly, during an emergency, additional funds in the amount of $24,550 are needed to complete freight elevator repairs. The recommended amount includes $10,000 contingency for unforeseen expenses. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City to meet Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). 2213-1 Contract Award for Repairs to Freight Elevator June 7, 2016 Page 2 FISCAL IMPACT Funds in the amount of $24,550 are available in FY 2015 -16 Police Building & Facility account (01114403- 62300). APPROVED AS TO FUNDS AND ACCOUNTS: .l� Carlos Rojas Francisco Gutierrez Chief of Police Executive Director Santa Ana Police Department Finance and Management Services Agency LE /ds /sp 228 -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: CONTRACT AWARD TO CALIFORNIA WATERS, INC. FOR VARIABLE FREQUENCY DRIVES AND PUMP MOTORS (SPEC. NO. 16 -021) (STRATEGIC PLAN NO. 6, 1D) CITY MANAGEJV CLERK OF COUNCIL USE ONLY: :•":• _C ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 et Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Wearing For CONTINUED TO FILE NUMBER 1. Reject four bids considered nonresponsive to the specifications. 2. Authorize a one -time purchase and payment of purchase order to California Waters Development, Inc. to furnish and install variable frequency drives and pump motors at designated community pools in an amount not to exceed $ 45,800, which includes $3,000 contingency, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency General Maintenance Division is responsible for maintaining public pools. To save on utilities the use of variable frequency drives (VFD's) was recommended to automatically reduce the water circulation rate during off hours. The Notice Inviting Bids was advertised on February 16, 2016 on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 38 Vendors notified 18 Vendors downloaded the bid packet 6 Bids received Bids were opened on March 17, 2016 and evaluated (Exhibit 1). The bid received from California Waters Development, Inc. is responsive to the specifications and meets the City's requirements. The award amount of $45,800 includes a $3,000 contingency amount to allow for unanticipated charges. 22C -1 Contract Award for Variable Frequency Drives and Pump Motors June 7, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy D (explore creative financing options with private property owners amenable to share the costs associated with infrastructure improvements). FISCAL IMPACT Funds in the amount of $45,800 are available in FY 2015/16 Park Improvements account (05113263 - 66400) for $32,100 and in the Park Maintenance account (01113250 - 66400) for $13,700. APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet Francisco Gutierrez, Executive Direct r Executive Director Parks, Recreation & Community Services Finance and Management Services Agency Agency Exhibit: 1. Abstract of Bids FA /ds /sp 22Ci -2 ABSTRACT OF BIDS VARIABLE FREQUENCY DIRVES AND MOTORS (16 -021) Bidder Location Jerome Pool Salgado Pool El Salvador Pool California Waters Development, Inc. Yorba Linda $9,796.00 $9,796.00 $13,200.00 Santa Anita Pool $9,946.00 Total $42,738.00 EXHIBIT 1 22C -3 Commercial Aquatic Serivices Anaheim $11,059.45 $11,059.45 $10,566.58 $14,766.58 $47,452.06 22C -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: CONTRACT AWARD TO KNUCKLEDRAGGER DESIGN, INC. FOR PORTABLE VIDEO CAMERA SYSTEMS (SPEC 16 -056) (STRATEGIC PLAN NO. 1,1F) CITY MANAGER r RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _-•t• o [I As Recommended 0 As Amended 0 Ordinance on 1" Reading © Ordlnance on 2ntl Reading ® Implementing Resolution Set Public Hearing For CONTINUED TO 1211l4RILVi144 Authorize a one -time purchase and payment of purchase order to Knuckledragger Design, Inc. for the purchase of nine portable video camera systems in the amount of $121,986, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for selected grant years, Santa Ana is the fiduciary for the region and manages projects which include, providing training and procuring equipment utilized by the 34 jurisdictions in Orange County. The US Department of Homeland Security has identified Critical Infrastructure & Key Resources (CIKR) protection as a priority for state and local jurisdictions. The procurement of portable video camera systems will enhance the investigative and information gathering capabilities of local law enforcement agencies that are responsible for conducting criminal and terrorism related investigations. The equipment is designed to be temporarily installed in an inconspicuous manner and allows for the collection of evidence and actionable intelligence which can be used in criminal and terrorism related investigations. It is also designed to integrate into a wide variety of environments from residential neighborhoods to industrial and business settings. This purchase will include two packaged systems of similar capabilities. In accordance with UASI grant guidelines, the City will assign one system to the Orange County District Attorney's Investigative Bureau, and the other to the Santa Ana Police Department. Both systems are interoperable and will be used to investigate and combat high level crimes such as terrorism, a criminal series, homicide, and major narcotics crimes. 22D -1 Contract Award for Portable Video Camera Systems June 7, 2016 Page 2 The notice inviting bids was advertised on April 18, 2016 and offers were solicited. A summary of the bids and offers received is as follows: 64 Vendors were notified 11 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 1 Bids received Bids were opened on April 28, 2016, and evaluated. The bid received from Knuckledragger Design, Inc. is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #1 (Modernize the Community Policing philosophy to improve customer service, crime prevention and traffic / pedestrian / bicycle safety), Strategy 1 F (Enhance the Police Department's community policing and problem solving strategies to address and reduce violent, property and gang related crimes.). FISCAL IMPACT Funds in the amount of $73,548 are available in the FY 2015 -16 UASI Cal OES Santa Ana account (no. 12514407 - 66400) for the Orange County District Attorney's Investigative arm, and $48,438, in the BSCC Police Grants account (12814413- 66400) for the Police Department. Carlos Rojas Chief of Police Police Department AS TO FUNDS AND ACCOUNTS: ��er $ Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE JUNE 7, 2016 TITLE: CONTRACT AWARD TO QUINN COMPANY FOR EMERGENCY DIESEL GENERATOR SET (SPEC. NO. 16 -049) {STRATEGIC PLAN NO. 6, 1C} CITY MAN R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one -time purchase and payment of purchase order to Quinn Company for the procurement of an emergency diesel generator set in the amount of $179,658 with a 10 percent contingency for a total amount not to exceed $197,625, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Water Resources Division operates 20 water wells and 7 water pumping stations to supply the City's drinking water. These facilities require uninterrupted electrical power in order to operate. When power from Southern California Edison fails at a particular station, it is essential to have an immediate source of backup power onsite to ensure continuous operation of the facility. Consequently, the goal of the Water Resources Division is to place a backup generator at 12 critical well sites and pumping stations. This particular generator set will be used to provide power to the Walnut pumping station, a centrally located station that can strategically move water most efficiently throughout the City's water distribution network. The emergency diesel standby generator will supply power, ensuring that residents do not experience a loss of service due to power failure. The notice inviting bids was advertised on March 18, 2016, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 26 Vendors notified 15 Vendors downloaded the bid packet Santa Ana vendor notified Bid received 0 Bids received from Santa Ana vendors 22E -1 Contract Award to Quinn Company for Emergency Diesel Generator Set June 7, 2016 Page 2 Bids received on April 13, 2016, were opened and evaluated (Exhibit 1). The bid received from Quinn Company is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, a 10 percent contingency of $17,967 has been included in the award amount. 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). FISCAL IMPACT Funds in the amount of $197,625 are available in the FY 2015 -16 Water Production & Supply Account (No. 06017640- 66400). Executive Director Public Works Agency Exhibit: 1. Abstract of Bids NS /RR/sp APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22E -2 ABSTRACT OF BIDS DIESEL STANDBY GENERATOR SET (1 Bidder Bay City Electric Works Cummins Pacific LLC Quinn Company Location Poway Irvine City of Industry Terms Net 30 Net 30 Net 30 Delivery 15 weeks 63 - 77 days 85 days Total $192,623.00 $190,012.99 $179,658.00 EXHIBIT 1 22E -3 22E -4 CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE CONTRACT AMENDMENT WITH COMMERCIAL CLEANING SYSTEMS FOR JANITORIAL SERVICES (SPEC. NO. 14 -021) {STRATEGIC PLAN NO. 6, 1C} J_ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1°t Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For olikktflil�lit+ X FILE NUMBER Amend the contract with Commercial Cleaning Services for janitorial services in the amount of $125,235, which includes $8,000 contingency, for a total annual amount not to exceed $582,235, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Building Maintenance Division oversees City facilities in order to maintain clean, safe and properly functioning buildings. On June 17, 2014 the City awarded a three -year contract to Commercial Cleaning Systems to provide janitorial services at City Hall, Ross Annex, SARTC, Corporation Yard, Main Library, Newhope and McFadden Learning Centers and six recreation centers, in an annual amount of $457,000. In order to comply with the new California mandated minimum wage law through the end of the contract term, funds in the amount of $74,050 are needed. Additionally, Council approved in the FY 2015- 16 budget an increase to Library hours. Staff has now determined the impact of services required as a result of the extended hours. Staff is requesting an additional $51,185 to ensure payment of all invoices through the end of the contract term. The award amount includes $8,000 contingency to allow for unanticipated charges. STRATEGIC PLAN ALIGNMENT Approval of this item supports City's Facilities & Infrastructure, Strategy 1C life of existing infrastructure to protect standard). efforts to meet Strategic Plan Goal (invest resources and technology to the City's investment and support a 22F -1 #6 — Community extend the service high quality of life Contract Amendment for Janitorial Services June 7, 2016 Page 2 FISCAL IMPACT Funds in the amount of $28,520 are available in FY 2015 -16 and in the amount of $96,715 will be budgeted and made available in FY 2016 -17 as follows: FY 15 -16 FY 16 -17 Total Account Minimum Wage Adjustments PWA -SARTC Operations 5,665 11,330 16,995 06717650 -62300 FMSA - Custodial 19,020 38,035 57,055 07310101 -62300 Total 24,685 49,365 74,050 Sunday Janitorial & Day Porter Services PRCSA- Support Services 3,835 23,235 27,070 01113200 -62300 FMSA - Custodial 0 24,115 24,115 07310101 -62300 Total 3,835 47,350 51,185 Grand Total 28,520 96,715 125,235 Gerardo Mouet Executive Director Parks, Recreation Agency Community Services rA� Fr�d Mousavipour Executive Director Public Works Agency W N /DS /sp APPROVED AS TO FUNDS AND ACCOUNTS: �NN �.Zp �4(: ,.-)�s is _ Francisco Gutierrez Executive Director Finance and Management Services Agency 22F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AWARD CONTRACT TO ND ❑ As Recommended CONSTRUCTION COMPANY, INC. FOR ❑ As Amended CONSTRUCTION OF SAFE TRANSIT ❑ Ordinance on 9e' Reading ❑ Ordinance on 2nd Reading STOPS (PROJECT NO. 15 -6843) ❑ Implementing Resolution {STRATEGIC PLAN NO. 6, 1G} ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION 2. Award a contract to ND Construction Company, Inc., the lowest responsible bidder, in accordance with the base bid plus additive alternates 1 and 2, in the amount of $1,066,446 for the construction of Safe Transit Stops, and authorize the City Manager and Clerk of the Council to execute contract, subject to nonsubstantive changes approved by the City Manager and City Attorney. Approve the Project Cost Analysis for a total estimated project delivery cost of $1 439 702 which includes the contract base authorized contract contingency of 20 DISCUSSION 1 1 , amount, administration, inspection, testing, and an percent in the amount of $213,290. The Public Works Agency was successful in obtaining a grant from the Orange County Transportation Authority (OCTA) Measure M2 Comprehensive Transportation Funding Program - Project W Program. This grant funds bus passenger amenities at the 100 busiest bus stops in Orange County. The funding approved for Santa Ana is for 29 OCTA- identified locations that do not currently have bus shelters (Exhibit 1). In addition to constructing bus shelters at these locations, grant funds will also cover the cost of shelter lighting, benches, trash receptacles, and related concrete repairs. OCTA requires award of a construction contract by June 30, 2016. Two concepts were presented to and approved by the Development and Transportation Council Committee on February 11, 2016. The first concept will serve as the prototype for the majority of installations, while the second will offer a more distinctive look, and are to be installed at four to five high visibility locations. 23A -1 Contract Award For Construction of Safe Transit Stops June 7, 2016 Page 2 A Notice Inviting Bids was advertised on April 11 and 18, 2016 and bids were opened on April 27, 2016. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 10 Contractors requesting bidding documents 12 Bids received 5 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID AMT 1 ND Construction Company Anaheim $738,086 2 Fast -Track Const. Corp. Culver City $774,644 3 Humphrey Constructors Diamond Bar $863,000 4 Lehman Construction, Inc. Tustin $885,884 Five bids were received and four were considered responsive, with ND Construction submitting the lowest responsive bid (Exhibit 2). Based on the bids received, staff recommends award of this contract to ND Construction (Exhibit 3). The estimated total delivery cost of this project is $1,439,702 which is based on the base bid, additive alternates 1 and 2, and other costs detailed in the project cost analysis (Exhibit 4). The $687,519 grant will be supplemented with $200,000 of City General Funds and $552,183 of Peebler Capital Projects fund. 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 Plan (e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2016 -55 was filed for this project. 23A -2 Contract Award For Construction of Safe Transit Stops June 7, 2016 Page 3 FISCAL IMPACT The Safe Traffic Stops project was approved in the FY 2014 -2015 CIP. Funding in the amount of $687,519 is available in the Measure M2 Street Construction Fund (Account No. 03217663- 66220), $200,000 in the General Fund (Account No. 01117620- 66220) and $552,183 in the Peebler Fund Capital Projects (Account No. 4181830 - 66220). Preliminary estimates of fiscal year expenditures for this project are as follows and are subject to change. Any unspent encumbered balance will be carried forward into subsequent fiscal years as needed to fulfill the contract obligations. Contract Period Project No. Account No. Amount FY 2015 -16 (June) 15 -6843 03217663 -66220 $44,375 FY 2016 -17 (July -June) 15 -6843 03217663 -66220 $643,144 FY 2016 -17 (July -June) 15 -6843 01117620 -66220 $200,000 FY 2016 -17 (July -June) 15 -6843 41818830 -66220 $552,183 TOTAL: $1,439,702 APPROVED AS TO FUNDS AND ACCOUNTS: Lre ousavipour M Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency Robert Cortez Special Assistant to the City Manager City Manager's Office FM /EWG/TC /MO Exhibits: 1. Location Map & Design Concepts 2. Bid 3. Construction Contract 4. Cost Analysis 23A -3 23A -4 A AMA ReGLY. KOIK`YF2KY • Locations June 7, 2016 EX P o 'kd Study Concept 2._i • Proposed for larger ROW areas, key locations. Bris Ol/First St., Main Sfiroet (DTSR,Museum Row) Broadway(DTSA), SARTC (future) • Back Panels Can Vary Area /Route Maps' Mesh Grid for Landscaping, Artwork ,r? (� (OCSA, DTSA), Billboard for Ads, OCTA Promotions (SARTC) ..., • Suspended Benches or lean rails • Pilot installation`s �x CITY OF SANTA ANA PROPOSAL Exhibit 2 PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ND Construction Co., Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: BASE BID: Item Description Qty Unit Unit Price Amount I New Single Bus Shelter 40 EA $ (6 $666,090. 2 New PCC Concrete Replacetncnt 1,400* SF $ $ p g Q r _ 3 New PCC Cub Rarnp Replacement 12 EA $ 4 ECK60 $ 54, 9 -7a, , 4 Now Tree 4 EA $ (,�® $ TOTAL BASE BID $ _l " g( D5�. ADD ALTERNATE BID I: 5 New Solar Panel Systems 40* EA EA $ 'TOTAL ADD ALTERNATE BID 1 ADD ALTERNATE BID 2_: G 1 New Advertisement Case 29* EA $ TOTAL ADD ALTERNATE BID 2 W $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the tight to award the Base Bid, and any, all, or none of the add - altemate bid items (if any), * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25 %" limit as stated in Section 3 -2 of the Standard Specifications. The actual '�13A rr� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS arnount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TOTAL BASE BID $ -7 TOTAL ADD ALTERNATE BID 1 $ TOTAL ADD ALTERNATE BID 2 $ TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one - hundred twenty (120) - working dates after the commencement (late stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $573 per calendar day. Name of Firm ND Construction Co., Inc. Signature of BIDDER. Title President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names �of President,, Secretary/ Treasurer and Manager, thereof.) LA &K -8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal. Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the furnds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and, because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028,15 of the California Business and Professions Code, the undersigned certifies Linder penalty of perjury that the foregoing is true and correct, Name of Firm ND Constsuct.ion Co., Inc. Signature of BIDDER. Title President _ (If an individual, so state. If a firm or co- partuQrship, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of president, Secretary, Treasurer and Manager, thereof.) LJA19 MY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS CQNT'ILACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: ND Construction Co., Inc. Business Address; 2201 L Winston Rd, Suite M, Anaheim, CA 92806 Business E -Mail Address: info@ndcompanies.com Telephone: _949 -498 -1799 State Contractor's License No. and Class; 779970 - A, H, C10, C46 License Expiration Date: 6/30/2016 State Dept, of Industrial Relations (DIR) Registration No.: 1000004666 State Dept, of Industrial Relations (DIR) " " ` 1 "' 111Y Registrat Signed: Title: President L 3H P1 b CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, or seq„ ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fltlly comply with such Prevailing Wage Laws, City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged. failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Signature of BTI NM 0—a h —,. i n Ian 'r__ Title President (if an individual, so state) 2SS411 CTTY O SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS OWNERSHIP AFFIDAVIT S7 ATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY Ol^ SANTA ANA ) Michael Pta rti inn._. � ��,bcing duly'swonr, deposes tmd says: [,] INDIVIDUAL. That lveshe is the party making the foregoing proposal: PART'NERSI -IIP 'I hit[ he/she is a member of the co- partnership star designated as; and who has been and is dtdy vested vvith the authority to make and execute instruments for thc co- partnership by: who constitute the other members ofthe co- parntership, Fk] CORPORATION That he is or. President it corporation which is making the foregoing proposal:��_ ❑ JOINT VENTURE That he is of: one of the parties making the foregoing proposal its it joint venture, and the he/she has been and is duty vested with the authority to execute insavments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed con 'act,yr,'')hhrlf or an ther erson. Signaturl of Bidder Subscribed d swo n t before me this of April _ 20 J s � Signahue of officer Administering Oath (Notary Public) i�l[9C( ►1:111. ° Commission 7d 1 a "t- w Notary Public - California z ;r k-- z Z, Orange County My Comm. px as May 27, 2016 w NO CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID BOND KNOW ALL, PRESENT that, ND Construction Company, Inc. , as BIDDER, and Merchants Bonding Company (Mutual) as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Bid Amount Dollars ($__10% of Bid ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above - stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this _ 21st day of April , 2016 . BIDDER* SURETY* Merchants Bong! Company (Mutual), 6700 Westown Parkway, Des Moines, IA 40266 -7754, T:800- 678 -8171 Signature: F. McMahon, Attorney -in -Fact, 701 B Street, 6th Floor, San Diego, CA and sworn to before me ,20 92101 619 - 238 -1828 this Please see attached California All- Purpose Acknowledgment Notary Public in and for the County of , State of day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -7 of P -16 23A -13 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Civil Code § 1189 —K —notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA j County of San Dia( j} On APR 2 12016 Oat. before me, Janice R. Martin Notary Public, InseA Name of Notary exactly as it appears on the official seal personally appeared Lawrence F. McMahon — - - - - -- Name(s) of Signers) JANI(^F fl MA.RTIN v01VM #1986564 o C3 t i 7TH" 6I !AP r - AUMVNIA4 C In c, n E;xrnros a!,l ti,l:p 16 who proved to me on the basis of satisfactory evidence to be the personWh whose name(/;ah is /#'f# subscribed to the within instrument and acknowledged to me that he /ftiffift executed the same in hisftf/,Wf,Iif authorized capacity04Q, and that by his /M&Iftysignatureffl on the instrument the person(W, or the entity upon behalf of which the personN acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Sihqnature"Ota jly Public Janice R. Martin f..: i ►". Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — ❑ Partner ❑Limite< 14 Attorney in Fact ❑ Trustee ❑ General ❑ Guardian or Conservator ❑ Other: Signer is Representing: Top of thumb here Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s):� ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 23A -14 Top of thumb here MERCT BONDING COMPANY'S POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, Individually, James Baldassare Jr; Lawrence F McMahon of San Diego and State of California their true and lawful Attorney -in -Fact, with full power and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver In their behalf as surely any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such Instrument shell not exceed the amount of: TWO MILLION ($2,000,000,00) DOLLARS and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -In -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice president shall have power and authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 13thday of August , 2014 , 11, IIVNYIY/I.. • • MERCHANTS BONDING COMPANY (MUTUAL.) MERCHANTS NATIONAL BONDING, INC. /,e-7 7,7� President On this 13th day of Aup Ust 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies: and that the sold Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first - abovewritten: opal <00 WENDY WOODY Commission Number 7$4654 My Commission Expires rowP June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto sot my hand and affixed the seal of the Companies on this 21st day of April 2016 a, 2DD3 ici# :y 1933 'c> .tiro Secretary POA 0014 (7/14) :c1�'ay <* ^^ STATE OF IOWA 4e '�..•�`� `' °• it �.'° COUNTY OF POLK as. " " "�� " /'�11 • ° "° /,e-7 7,7� President On this 13th day of Aup Ust 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies: and that the sold Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first - abovewritten: opal <00 WENDY WOODY Commission Number 7$4654 My Commission Expires rowP June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which is still In full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto sot my hand and affixed the seal of the Companies on this 21st day of April 2016 Secretary POA 0014 (7/14) :c1�'ay <* ^^ •. °J`y,.{ ..•`�d . *...;r� CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Oran e On °L �� )+7 before me, Nick MartiryNatary Public C)a a Flare Insert Name and Title of the 0ff1cer personally appeared Michael Martin Names) of Signor(s) NICK MARTIN ++r Commission # 1979791 r Notary public • California = orange county My Comm E+ x�S May 27, 2016 + Place Notary Sag( Above who proved to me on the basis of satisfactory evidence to be the person%) whose name(A) is &K subscribed to the within instrument and acknowledged to me that he/ XVhq executed the same in his /MkMiatkauthorized capacity(M11), and that by hisIVAUM signature(§) on the instrument the person(�L), or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and fflbial al. Signature elgnatur ai Notary PuUlic OPTIONAL Though the information below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capacity(ios) Claimed by Signer(s) Signer's Name:__ _ ❑ Individual ❑ Corporate Off icer-- Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: _ ❑ Individual ❑ Corporate Officer — Titie(s): El ❑ Partner -- ❑ Limited ❑ General Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 23A -16 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6843 SAFE TRANSIT STOPS LIST OF SUB-CONTRACTORS Section 41.00 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: • Streets, highways including bridge projects: V2% of the bid or $10,000, whichever is greater • Buildings, parks, or other projects: 'h% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR), BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License # Exp. DIR Reg. #/Exp Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. # /Exp. License # _ Location Phone Type Of Work Amount $ Name _ License # /Exp. DIR Reg, WExp. License # _ Location Phone Type Of Work Amount $ Signatura'of Bidder Name License #/Exp. DIR. Reg. #/Exp, Location Phone Type Of Wort. Amount $ Name License #/Exp. DIR Reg. # /Exp, License # Location Phone Type Of Work Amount $ Name License # /Exp. DIR Reg.. # /Exp. License # Location Phone Type Of Work _ m Amount $ 23 *4% CITY OF SANTA ANA PROPOSAL PROTECT NO.: 15 -6843 SAFE TRANSIT STOPS The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1 City of Whittier, 13230 Penn Street, Whittier, CA 90502 Name and Address of Owner. James Keena - 562 - 567 -9514 Name mid Telephone Number of person familiar with project. $702,211 Transit_ shelter improvements Dec 2015 Contract Amount Type of Work Date Completed 2. Sunline Transit Agency, 32 -505 Harry Oliver Trail, Thousand Palms, CA 92276 Name and Address of owner. Anita Petke - 760 - 343 -3456 Narne and Telephone Number of person familiar with project. $322,928 Tr_an_sit shelter improvements July 2015 Contract Amount — Type of Work Date Completed 3. _City of San Gabriel, 425 S Mission Drive, San Gabriel, CA 91776 Name and Address of owner, Angela Cheng - 626 -308 -2825 Name and Telephone Number of person familiar with project. $535,705 Transit shelter improvements Dec 2014 _ Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Ryan Warnock, Alliant, 701 B Street, 6th Floor, San Diego, CA 92101, (619) 849 -3937 Doug Krumpol.s, AVI, 200 S 01a Vista, San Clemente, CA 92672, (949) 940 -1856 S • i CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -68443 SAFE TRANSIT STOPS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. City of Corona, 400 S. Vicentia Ave, Corona, CA 92882 Name and Address of Owner. do Sanabria - 95 Name and Telephone Nun $71,222 Contract Amount of person familiar with project. Transit shelter improvements Type of Work 2. City of Santee, 10601 Magnolia Ave, Santee, CA 92071 Name and Address of owner. Jeff Morgan - 619- 258 -4100 Name and Telephone Number of person familiar with project. Dee 2015 Date Completed 5136,153 Transit shelter improvements ,Tan 2015 _ Contract Amount Type of Work Date Completed 3. Riverside Transit Agency, 1625 Third Street, Riverside, CA 92507 Name and Address of owner. Name and $194,565 Contract Amount - 951 - 565 -5210 ene Number of person with project. Transit shelter improvements Feb 2014 Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER in to procure insurance and bonds. RUMP CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 1.12 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER, to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone sball refiain from bidding; that the BIDDER, has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid. price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bird price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal . on the signature portion thereof shall also constitute signature of this Non- collusion Affidavit. BIDDERS are cautioned that Ina mg ?alse Celt if, atir�l may subject the certifier to criminal prosecution. X �/ �� Signed State of California County Of ORANGE Subscribed and sworri to (or affirmed) before Michael Martin , proved to me on persons) who appeared b .fare me Notary Public Signature rote on this 26th day of April , 201q by the basis of satisfactory evidence to be the NICK MAPTiN Commission S 1978781 Notary Public - California a Z a. ' Orange County I My Gomm. Expires May 27,_2.018 c Notary Public Seal W1J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or tennination; .rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2, The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3, The Contractor shall send to each labor union or representative of workers with which be /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11.246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such tales,- regulations; and orders, 6. In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted constriction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. L �P 0 CITY OF SANTA ANA. PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by riles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United. States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public worlds viola mg this Section is subject to all the penalties imposed for a violation of the Chapter] /) / Title: President liilYri: ND Construction Co., Inc. Date: 4/26/16 23 -22 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS STATEMENT REGARDING APPRENTICESHIP REOUIREMFF The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except conLTaetors not signatory to the trust agreement shall pay a like amount tVhe Cgliomi,�,Apprentig4liipgouncil. Signed: Tide: President Firm: ND construction Co., Inc. Date: 4/26/16 2J8AP2J CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS STATEMENT REGARDING "ANTI- ICICICBACIC" R1;QUIREMEN'fS The undersigned is submitting this proposal for performing by contract the work recluired by these bid documents, agrees to comply with the Copeland "Anti- Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he /she is otherwise entitled. Signed: _ Title: President Firm: ND ConstrucLion Co., Inc. Date: 4/26/16 23A -24 ii CI'T'Y OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SATE TRANSIT STOPS PUBLIC CONTRACT CODE SECTION 10162�UE5'TIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No x If the answer is yes, explain the circutiv tances in the following space. TW2S MAYOR Miguel A Puhdo MAYOR PRO rEM Vincente Sarnmento COUNCILMEMBFIRS Angelica Arnezwo P. David Senavides Michele Martinez Roman Royna Sal'rinajem April 21, 2016 ADDENDUM No. ONE CIPT' OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92702 SUBJECT: PROJECT No. 15-6843; SAFE TRANSIT STOPS CITY MANAGER David Cavazos CITY ATTORNEY Sonia R Carvalho CLERK OF THE COUNCIL Maria D Hurzar The following changes have been made to the specifications of the subject project: apgofications 1. Appendix H, Scope of Work, Contractor Responsibilities, Bullet Point 4: Delete bullet point 4 "Contractor shall provide OCTA signage during construction, as shown in Appendix E" 2, Appendix H, Concept Drawing Keyed Note #9. Revise note to read as follows: "LED Strip Lighting: Install minimum one T-0" long strip per bay to provide minimum two (2) footcandle light level around shelter, This level can be inclusive of existing nearby street lighting. Light operation will be from dusk until down. " 3. Appendix H, Concept Drawing Keyed Note #12: Revise note to read as follows: "Solar Panel, to power LED strip lighting. System shall have minimum 5 days autonomy, shall be sized for the shortest day of the year, and shall be UL listed. " 4. Appendix H, Concept Drawing Keyed Note #14: Append to note the following: "Lighting for Advertisement Case to be solar powered." All other terms and conditions remain the same. FOR TFIECITYP SAN�"AANA Edwin "William" Galvez City Engineer Public Works Agency 23A-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ND Construction Co., Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined, the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to famish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I New Single Bus Shelter --70— EA $ 6 o d $ i 2 New PCC Concrete Replacement 1,400* SF $ 3 New PCC Curb Rarnp Replacement 12 EA $!� t•(Z $ 97A , 4 New Tree 4 EA $ 0 ,6® $ TOTAL BASE BID $ –7 i 6( 05�, ADD ALTERNATE BID I : 5 New Solar Panel Systems 40* EA 185•&0 $ g7, 4tv.W TOTAL ADD ALTERNATE BID 1 $ 97 MOO ADD ALTERNATE BID 2: G 1 New Advertisement Case 29* EA �$ � O' ` e. TOTAL ADD ALTERNATE 131D 2 $ The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add - alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the `•25 %" limit as stated in Section 3 -2 of the Standard Specifications, The actual LS *'2% CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. TOTAL BASE BID $ % �G6. TOTAL ADD ALTERNATE BID 1 $ 8 7 400. 00 TOTAL ADD ALTERNATE BID 2 $'z k) L q o. TIME FOR COMPLETION OF IMPROVEMENTS AND LIOUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within one - hundred twenty L12U)_ working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6 -9 of the Standard Specifications, shall be $573 per calendar day. Name of Firm. Signature ofBIl Construction Co., Inc. Title President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) /� P CITY OF SANTA ANA PROPOSAL PROJECT NO.! 15 -6843 SAFE TRANSIT STOPS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Docrutizents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed, by the Public Works Agency Executive Director or his /her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of Che accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028,15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct, Name ofFhYn ND Construction Co., Inc. Signature of BIDDER Title President (If an individual, so state. If a firm or co- partnership, state the firm name and give the names of all individual co- partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) r ,, . . CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he /she and all his /her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: ND Construction Co., Inc, Business Address: 2701 E Winston Rd, Suite M, Anaheim, CA 92806 Business E -Mail Address: info @ndcompanies. con Telephone; 949 -498 -1799 State Contractor's License No. and Class: 779970 -A, B, C10, C46 License Expiration Date: 6/90/2016 State Dept. of Industrial Relations (DIR) Registration No.: 1000004666 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/2016 Signed: _ Title: President LM P3b CITY OF SANTA ANA PROPOSAL PROJECT NO.; 15 -6843 SAFE TRANSIT STOPS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, at seq„ ( "Prevailing Wage Laws "), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to tally comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged, failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct Name of Firm Signature of BE Title President (if an individual, so state) 2SX-41 CI'T'Y OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA } COUNTY OF ORANGE. ) SS: CITY OF SANTA ANA } Michael Martin .being duly sworn, deposes and says: Ej INDIVIDUAL That he /she is the party making the foregoing proposal: ❑ PARTNERSI HP That he/she is a member of the co- partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co- paruers-hip by: who constitnue the oIIter nrembers of the co- partnership. [k] CORPORATION That he is of: PreeidenC a corporation which is making the foregoing proposal: vv - -- ❑ IO[Nr VENTURE That he is of. one of the parties ntaldng the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the Proposed teon'ract, him if or an ther erson. Signahu of Bidder Subscribed dSw ntibeforemethis._ 2E;tl, day of APr.7_i - -. -- -2016 Signature of officer Administering Oath (Notary Public mm NICK MARTIN Commisslon # 1978731 Notary Public � Callfarnia z z " Orange County a a "'° My Comm: Gxplras fJ�ay 27, 2016 �f -' 2 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS BID BOND KNOW ALL PRESENT that, ND Construction Company, Inc. , as BIDDER, and Merchants Bonding Company (Mutual) , as SURETY, are held and firmly bound unto the CITY Of SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent of Bid Amount Dollars ($ 10 %ofBid ), which is ten percent (10 %) of the total amount bid by BIDDER to AGENCY for the above- stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, Firmly by these presents, THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above - stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be nu11 and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 21st day of April , 2016 . BIDDER* SURETY* Merchants Bond Comoanv (Mutual), 6700 Westown Parkway. Des Moines. IA 40266 -77K T:800- 678 -8171 Signature: F. McMahon, Attorney -in -Fact, 701 B Street, 6th Floor, San Diego, CA and sworn to before me _ , 20_. 92101 619 -238 -1828 this Please see attached California All-Purpose Acknowledgment Notary Public in and for the County of , State of day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P -7 of P -16 23A -33 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA County of San Diego _ On APR 21 2616 before me, Janice R. Martin Notary Public, Date Insert Name of Notary exactly as it appears on the official seal personally appeared Lawrence_ F. McMahon Name(s) of Stgner(s) who proved to me on the basis of satisfactory evidence to be the person(#h whose name(oh is /#'f# subscribed to the within instrument and acknowled ad to me that helftif)yl� G ANIC H IN executed the same in his/}y #f /f #ly1 j authorized capacityU � M.Ah fr 1986564 and that by his /f &j#MysignatureQ on the instrument the 110101 t,()MM 0 PIJtir person(/��, or the entity upon behalf of which the persona* s)2NO?AP r� M NU acted, executed the instrument. rlrf L1rY, iex !Irea ' X it v 016 1 certify under PENALTY OF PERJURY under the laws of `f the State of California that the foregoing paragraph is true and correct. Witness my hand and official seal. Signature Place Notary Seal Above Signature o ela Public Janice R. Martin OPTIONAL -- Though the information below is not required by law it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer-- Title(s): ❑ Corporate Officer — Title(s): ❑ Partner ❑ Limited ❑ General ❑ Partner ❑ Limited ❑ General 14 Attorney in Fact ❑Attorney in Fact ❑ Trustee • ❑ Trustee • ❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here ❑ Other: ❑ Other: Signer is Representing. Signer is Representing: 23A -34 MERCHANTS BONDING COMPANY,v POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint, intlividuelly, James Baldassare Jr; Lawrence F McMahon of San Diego and State of California their true and lawful Attorney -In -Fact, with full power and authority hereby conferred In their name, place and stead, to sign, execute, acknowledge and deliver In their behalf as surety any and all bonds, undertakings, recognlzances or other written obligations In the nature thereof, subject to the limitation that any such Instrument shall not exceed the amount of; TWO MILLION ($2,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as If such bond or undertaking was signed by the duly authorized officers of the Companies, and all the arts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. - This Power -of- Attorney Is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this 13thday of August , 2014. STATE OF IOWA COUNTY OF POLK ss, p1NG C®r . �.,A. A�°. MERCHANTS BONDING COMPANY(MUTUAL) .�PQ MERCHANTS jjjNATIONAL BONDING, INC. -0- Z. ,,,,✓ 1933 :tie. • ° ° President On this 13th day of August 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors, In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written: . - ............ _. .. _ _ _ .___ _. ........ _ Pt "A<s WENDY WOODY Commission Number 784654 My Commission Expires U�l . n ore June 20, 2017 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, dr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing Is a true and correct copy of the POWER -OF- ATTORNEY executed by said Companies, which Is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have this 21st day of April s 'a- ;'�� 203 POA 0014 (7/14) hand and affixed the seal of the Companies on o� /y� /� mil✓ iGs = -o- fit—,• ° �•'• 1933 ;'C' Secretary 231°=3.5 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of Orange On _ +�a- it before me, Nick Markin Notary Public Date Fiore Insert Name and Title of the Oflloer personally appeared Michael Martin Names) oS signor(s)" "_— who proved to me on the basis of satisfactory evidence to be the person( whose nameO is / &N subscribed to the within instrument and acknowledged to me that he /NMEfdy NICK MARTIN executed the same in his /h13MITINYStuthorized capacity(Mk), Commisalan # 1978731 and that by his /� signature(§) on the instrument the ( Notary public . California z person(), or the entity upon behalf of which the person(s) Cranrae County v acted, executed the instrument. My CommMay27, tote+ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and ffb al. Signature Place Notary Seal Above slgnalur R Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Signer(s) Other Than Named Capaclty(ies) Claimed by Signer(s) Signer's Name: _ ❑ Individual ❑ Corporate Officer -- Title(s):_ ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Signer's Name: _ ❑ Individual D Corporate Officer— Title(s): ❑ Ej ❑ Partner --- ❑Limited ❑ General T' Attorney in Fact Trustee Guardian or Conservator ❑ Other: Signer Is Representing: 23A -36 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS LIST OF SUB — CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the bird for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %x% of the bid or $10,000, whichever is greater n Buildings, parks, or other projects: ' /z% of the bid Section 1.725.5 of the Public Contract Code requires all Subcontractors be registered with the State Dop<utment of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Nance License # /Exp. DIR Reg. # /Exp, License # Location Phone Type Of Work Arnount $ Name License # /.Exp. — I2IR.Rcg. # /Exp. _ .... License # Location Phone Type Of Work Amount $ let Signatur of Bidder 'Name License #fExp. DIR Reg. #/Exp, Location Phone Type Of Work Amount $ Name _ License # /Exp. _ DIR Reg. # /Exp. License # Location Phone Type Of Work _ Amount $ _ Name License # /Exp. DIR Reg. # /Exp.._. License # Location Phone Type Of Work Amount $ 23c,A,P--J% CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. City of Whittier, 13230 Penn Street, Whittier, CA 90602 Name and Address of Owner. James Keena - 562 -567 -9514 Name and Telephone Number of person familiar with project. $702,211 Transit shelter improvements Dec 2_015 Contract Amount __ Type of Work Date Completed 2, Sunline Transit Agency, 32 -505 Harry Oliver Trail, Thousand Palms, CA 92276 Name and Address of owner. Anita Petke - 760 -343 -3456 Name and Telephony Number n1'person farnrllar with project. $322,928 Transit shelter improvements July 2015 Contract Amount Type of Work Date Completed 3. City of San Gabriel, 425 S Mission Drive, San Gabriel, CA 91776 Nance and Address of owner. Angela Cbeng - 626- 308 -2825 Name and Telephone Number of person familiar with project. $535,705 Contract Amount Transit shelter improvements Type of Work Dec 2014 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Ryan Warnock, Alliant, 701 D Street, 6th Floor, San Diego, CA 92101, (619) 849 -3937 Doug Krumpols, AVI, 200 S Ola Vista, San Clemente, CA 92672, (949) 940 -1856 2U PA C ITY OF SANTA ANA PROPOSAL PROJECT NO.: I5 -6843 SAFE TRANSIT STOPS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar improvement work in the past 5 years. 1. City of Corona, 400 S. Vicentia Ave, Corona, CA 92882 Name and Address of Owner. Gerardo Sanabria - 951 -279 -3522 _ Name and Telephone .Number of person fatiliar with project. $71,222 Transit shelter improvements Dec 2015 Contract Amount Type of Work Date Completed 2. City of Santee, 10601 Magnolia Ave, Santee, CA 92071 Name and Address of owner. Jeff Morgan - 619- 258 -4100 Name and Telephone Number of person familiar with project. __ a 6,153 Transit shelter improvements Jan 2015 Contract Amount Type of Work Date Completed 3. Riverside Transit Agency, 1825 Third Street, Riverside, CA 92507 Name and Address of owner. Andrew Frost - 951- 565 -5210 Name and Telephone Number of person familiar with project. $194,565 Transit shelter improvements Feb 2014 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 1.12 and Public Contract Code Section 7106) In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not d'u'ectly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with. anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure. any advantage against the public body awarding the contract of anyone interested in the proposed contract; tbat all statements contained in the bid are true; and, further, that the BIDDER :has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non- collusior Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. 'BIDDERS are cautioned that ma!Ang a false certi�catiWi may subject the certifier to criminal prosecution. Signed State of California County of ORANGE Subscribed and sworn to (or affirmed) before Michael Martin , proved to nle on person(s) who appeared b .fore me Notary Public Signature nue on this 26thday of kpril , 20 iq by the basis of satisfactory evidence to be the . , NICK MAflTiN Commission # 9978731 °+? Notary Public -California a Orange County Notary Public Seal I �A fP 16 4 CITY OF SANTA ANA. PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS NON - DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national, origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, dernotion, or transfer; recruitment or recruitment advertising; layoff or termination; .rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national. origin, 3. The Contractor shall send to each labor union or representative of workers with which lic /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11.246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain -- compliance with such rules, regulations, and orders. 6, In the event of the Contractor's non - compliance with the nondiscrimination clauses of this contract or with. any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, .regulations, or order of the Secretary of Labor, or as otherwise provided by law. 1213 A11 CI'TY OF SANTA ANA PROPOSAL PROJECT NO,: 15 -6843 SAFE TRANSIT STOPS The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by riles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public woks because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating th"i', SSecti�on is subject to all the penalties imposed for a violation of the Chapter Signed: Title: President Firm: ND Construction Co„ Inc. Date: 4/26/16 23X -4L CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public worts for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he /she employs journeymen or apprentices on the public work,, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to�the CO (Arnig,Apprenticgeshipfouncil. Signed: Title: President Firm: ND Construction Co., Inc. Date: 4/26/16 L �� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS STATEMENT REGARDING "ANTI - KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work rewired by these bid documents, agrees to comply with the Copeland "Anti - Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he /she is othM titled. �Signed; ___._. Title: President Firm: NO Construction Co., Inc. Date: 4/26/16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS PUBLIC CONfRA.CT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, tinder penalty of perjury, the following questionnaires Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _ No x If the answer is yes, explain the circumstances in the following space. MAYOR Migual A. Purdo MAYOR PRO TEM Vincente Sarmlento COUNCILMEMBERS Angelica Amezcua P. David Benavides Michele Martinez Roman Rayne Sal TipajRro April 21, 2016 ADDENDUM No. ONE l Y 01 it CITY OF SANTA ANA PUBLIC WORKS AGENCY M-36 P.O. Box 1988 Santa Ana, California 92.702 CITY MANAGER David Cavazos CITY ATTORNEY Sonia R. Gawalho CLERK OF THE COUNCIL Maria D. Huizar The following changes have been made to the specifications of the subject project: Specifications 1. Appendix H, Scope of Work, Contractor Responsibilities, Bullet Point 4: Delete bullet point 4 "Contractor shall provide OCTA signage during construction, as shown in Appendix E" 2, Appendix H, Concept Drawing Keyed Note #91 Revise note to read as follows: "LED Strip Lighting: Install noinimum one 3' -0" long strip per bay to provide minimum two (2) Footcandle light level around shelter. This level can be inclusive of existing nearby street lighting. Light operation will be from dusk until dawn." 3, Appendix H, Concept Drawing Keyed Note #12: Revise note to read as follows: "Solar Panel, to power LED strip lighting. System shall have minimum 5 days autonomy, shall be sized for the shortest day of the year, and shall be UL listed." 4, Appendix 11, Concept Drawing Keyed Note #14: Append to note the following: "Lighting for Advertisement Case to be solar powered." All other terms and conditions remain the same. FOR THE SANTA ANA r Edwin "William" Galvez City Engineer Public Works Agency 23A-46 City of Santa Ana Attn: Public Works Receptionist Ross Annex, Third Floor 20 Civic Center Plaza, M-22 Santa Ana, CA 92701 201-6 RN'27 Pml.�� 14:02 23A -48 CITY OF SANTA ANA Exhibit 3 CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS This CONSTRUCTION CONTRACT is made and entered into this 7t" day of June, 2016, by and between the CITY OF SANTA ANA, CALIFORNIA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California, hereinafter referred to as "CITY" and ND Construction Company, Inc., hereinafter referred to as "CONTRACTOR ". WrfNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the 15 -6843 Safe Transit Stops Project, hereinafter referred to as the "Work of Improvement ", identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council, 2. The complete Construction Contract consists of the "Contract Documents," as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Project Plans • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the Work of Improvement the sum total amount not to exceed $1,066,446.00, as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A ". The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the Work of Improvement within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 23A49 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the Work of hnprovement a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100 %) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred 'Percent (100 %) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to $500,000, the Warranty Bond amount shall be the greater of $10,000 or 20% of the final contract price. For projects above $500,000, the Warranty Bond amount shall be the greater of $100,000 or 10% of the final contract price. a. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A°f60 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 15 -6843 SAFE TRANSIT STOPS IN WITNESS WIiEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney BY r7sS�andoval ief Assistant City Attorney CITY OF SANTA ANA: DAVID CAVAZOS City Manager RECOMMENDED FOR APPROVAL: Fred Mousavipour Executive Director, Public Works Agency CONTRACTOR: ND Construction Company, Inc By: Title: 3 of 3 23A -51 23A -52 COST ANALYSIS PROJECT NO. 15 -6843: SAFE TRANSIT STOPS PROJECT Construction Contract $ 1,066,446 Contract Administration $ 77,621 Inspection and Testing $82,345 Contingencies $213,290 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,439,702 EXHIBIT 4 23A -53 23A -54 REQUEST FOR COUNCIL ACTION Ar fc•I•laKA10Ji14411 lei TV i4 JUNE 7, 2016 TITLE: AGREEMENT WITH WINBOURNE CONSULTING FOR PROJECT MANAGEMENT SERVICES FOR THE POLICE DEPARTMENT'S INTEGRATED SOFTWARE SYSTEM (STRATEGIC PLAN NO. 1, 2A) �t CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED As Recommended ❑ As Amended [] Ordinance on 16' Reading ❑ Ordinance on 2 "d Reading 71 Implementing Resolution Ll Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Winbourne Consulting to provide project management services for the implementation of the TriTech integrated software system for the Police Department, for the period of April 16, 2016 through April 16, 2018, in an amount not to exceed $150,512, with a contingency of $9,488 for a total agreement amount of $160,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION In 2015, the Police Department had two major technology initiatives progressing concurrently: (1) the replacement of the Department's aged fleet of Mobile Data Computers (MDCs) and (2) the selection and purchase of an integrated software system. The City released a Request for Proposals (RFP) for a consultant to assist with the selection, configuration, and installation of new MDCs; however, no responses were received. Thereafter, the Police Department continued searching for a qualified consultant by polling other local police agencies for recommendations as well as interviewing several consultants who had either previously worked with the City or were recommended by other sources. At the end of this process, Winbourne Consulting was the only vendor identified as having the specialized experience and knowledge needed for implementing MDCs in a law enforcement environment. Police Department solicited a formal proposal from Winbourne to assist with the MDC project. At this point, TriTech Software Systems had been selected for the integrated software system. The integrated software system project was discussed in depth with Windbourne, as that project has a significant impact on the MDC project. Winbourne informed staff that the consultant who would be assigned to the MDC project was also experienced in implementing integrated software systems, specifically TriTech's system. Therefore, the Police Department decided to expand 25A -1 Agreement with Winbourne Consulting June 7, 2016 Page 2 Windbourne's scope of work to include the initial phase of the integrated software project as well as the MDC project. On January 7, 2016, the City entered into a professional services agreement with Winbourne for initial management on both of projects. By the conclusion of the initial phase of the TriTech integrated software project, it was evident that the consultant made many valuable contributions and had become an integral part of the City's team. The consultant assisted with organizing the project team, set tracking systems in place, facilitated communication with TriTech, helped manage the project schedule, documented team findings and items from meetings, and kept the project on track. In addition, the consultant's knowledge, contacts with user community, and previous exposure to TriTech projects provided the Police Department with proficient project management. Given these factors, the Police Department requested that Winbourne provide a new proposal for project management services that would include the remainder of the TriTech integrated software project. This proposal and corresponding professional services agreement (Exhibit 1) is for a fixed -price of $150,512 to be billed on a quarterly basis for a term of 21 months, plus a contingency of $9,488 to be used for unanticipated services at the City's sole discretion, for a total agreement amount of $160,000. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 - Community Safety, Objective #2, (Broaden communications, information sharing and community awareness of public safety activities), Strategy A (Purchase and implement a new integrated software system for the Police Department to improve productivity and increase efficiencies and transparency). FISCAL IMPACT Funds in the amount of $160,000, which include a contract contingency of $9,488 are available in the Police Department's Criminal Activity - DOJ contract services account (no. 02614450 62300) and will be disbursed as follows: FY 2015 -16 $ 14,334 FY 2016 -17 $ 86,007 FY 2017 -18 59,659 Total $ 160,000 25A -2 Agreement with June 7, 2016 Page 3 Winbourne Consulting az_- Z Rojas Chief of Police Santa Ana Police Department Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25A -3 25A -4 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 16«' day of April, 2016 by and between Winbourne Consulting, LLC., a Delaware limited liability 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 Public Safety Systems Project Management. Specifically, the City's Police Department desires a consultant to oversee project management and implementation of the integrated software project involving Tri Tech computer -aided dispatch ( "CAD ") and records management system ( "RMS ") software. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A to this Agreement which include project management of the integrated software program as result of the City's agreement with Tri Tech for new CAD and RMS software systems. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services $150;512 as outlined in the attached Exhibit A. A contingency of $9;488 shall be available, at the discretion of the Chief of Police, for services that are currently not anticipated, but may be required to complete those services as set forth in Exhibit A. The total sum to be expended under this Agreement shall not exceed $160,000 during the term of this Agreement. b. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. TERM This Agreement shall commence on the date first written above and terminate upon exhaustion of all of the fluids or April 16, 2018 whichever occurs first. The Agreement may also be terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 25A -5 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise. discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in anyway in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, vohmteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising fiom bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit B upon execution of this Agreement. b. Cyber Liability Insurance with a combined single limit of not less than $1,000,000 per occurrence. c. 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. 25d -6 d. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. e. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. f 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 fill force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. g. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, 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 the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 25A -7 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willfid misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable, Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically; or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 25A -8 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Facsimile 714- 647 -6956 With courtesy copies to: And To Consultant: Chief of Police City of Santa Ana 60 Civic Center Plaza (M -96) P.O. Box 1988 Santa Ana, California 92702 Facsimile 714- 245 -8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Facsimile 714- 647 -6515 Winbourne Consulting, LLC. 1611 North Dent Street, Suite 802 Arlington, Virginia 22209 Facsimile (703) 935 -1147 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 25A -9 13. BACKGROUND CHECK Consultant and its employees, contractors, and officers having access to the Santa Ana Police Department will be required to undergo a comprehensive background check prior to starting work under this Agreement. City reserves the right to reject the proposed on -site consultant if that person fails to pass a background inspection and /or to deny access to Consultant if any of Consultant's employees, contractors, and /or officers fail a background check. 14. ACCESS TO THE SANTA ANA POLICE DEPARTMENT Consultant's employees, contractors and officers with access to the Santa Ana Police Department will abide by all rules and regulations regarding use of the facility at all times. Any security access card given to Consultant for purposes of this Agreement will remain the property of the City of Santa Ana and will returned at the end of this Agreement or at any time during this Agreement when requested by City. Consultant will not allow access to the Santa Ana Police Department to any persons without approval of the City. 15. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties, In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 16. 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. 17, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 25A -10 b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON DISCRIMINATION Consultant shall not discriminate because of race, color, creed, 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. 19. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Signature Page to Follow 25A -11 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 4 . <rtA Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJAS Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager WILBOURNE CONSULTING, LLC. (NAME) (TITLE) Tax ID# 25A -12 EXHIBIT Proposal to City of J Mobile Data Computer Upgrade Project March 31, 2016 25A -13 WIgBOURNE NSULTUNG, LLC Arlington, VA 22201) I� 0" 5 �4 50 f) 10 11 93 a 114'! GXHI13[T A March 31, 2016 James Schnabl Deputy Chief City of Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 52701 Reference: City of Santa Ana police Department CAD and RMS Replacement Project Management Consulting Services. Chief Schnabl: Winbourne Consulting, LLC is pleased to provide the Santa Ana Police Department ( "SAPD ") this quote to provide consulting and project management services to assist in the implementation of SAPD's, Computer Aided Dispatch, Records Management and Jail Management systems by TriTech Software Systems, Winbourne Consulting has provided similar consulting services to many agencies across the United States. Our services extend beyond providing a locally assigned project manager; we also have an array of specialists to provide SAPD assistance in performing technical evaluations and developing recommendations to ensure that the project is successful. We are capable of fully supporting all the required project tasks including meetings with stakeholders to determine and clarify requirements and specifications. Our focus will be based on maximizing SAPD's current infrastructure to minimize overall project costs, while completing research and making recommendation on solutions to enhance the overall performance of the new system being implemented by TriTech. We look forward to the opportunity to work with SAPD and its multiple stakeholders on this critical operations project. Please feel free to contact me, for any questions regarding our proposal, My contact information is: Andrew Reece, President, Winbourne Consulting, 1611 North Kent Street, Suite 802, Rosslyn, VA 22209, telephone 202 210 9260, e -maih areece @w- Ilc.com. Sincerely, Andrew G. Reece President (SOURNI k CONSuu t,4c, LLC 25A -14 EXHIBIT A 1,0 Corporate Background ................................................................. ..............................1 2.0 Key Personnel Resume ................................................................. ............................... 3 3.0 Project Tasks and Delt verables ..................................................... ............................... B 3.1 Proposed Project Tasks & Associated Deliverables ...................................... ..............................8 3.2 Fee Structure .............................................................................................. ..............................9 wNBOURNE CONSULTING. LLC: 25A -15 iii EXHIBIT A 1.0 Corporate Background Winbourne Consulting, LLC, has an unsurpassed depth of experience and knowledge of Public Safety systems, operations, and facilities based on our work in many of the nation's largest and most complex jurisdictions, Winbourne Consulting has served nearly 120 public entities in our 10 years of business, and has worked with governments in states across the country, as well as internationally In Eastern Europe, the Middle East and Asia. We have worked with many of the largest public safety agencies In the United States, In these engagements, we have performed public safety Information Technology and radio communications systems design, procurement, and implementations, strategic assessments, feasibility studies, staffing studies, organizational assessments, consolidation planning and implementation, and facility requirements for 9 -1 -1 and emergency operations centers. Our relevant client jurisdictions include Kane County, IL and New Haven CT. In addition, we have provided communications consulting services for Ukraine 112 Project, and the Kurdistan Emergency Communications Upgrade Project, reviewed communications systems, assessed current status of system including usage and maintenance; and developed strategic plans for future systems for San Antonio, Texas, managed the network and communications infrastructure design for a new PSAP for Raleigh, North Carolina, and the Hashemite Kingdom of Jordan, where we coordinated all communications related issues for new 911 center. Previous and current public safety epents Include Arlington Cotni?y. VA, New Pork City, Boston, Poi +fax, 6A, Miami -Dade Couruy, FL, Charlotte, NC, Washi nglon, DC, San Antonio, TX as well as smaller Jurisdictions including New Haven, CT Kane (70(07ty, CL, Peoria, AZ, Chesapeake, GA, and Pembroke Pines, PZ. For these projects, we have provided our clients with PMI PMBOK -based project management services to ensure the on -time and on- budget delivery of project deliverables and project documents. Winbourne Consulting is an active participant in the 9 -1 -1 industry and its related associations. We see this as an integral part of our ability to serve the industry and our clients in a competent, effective manner, We have relations with firms and associations with research and development resources that can be brought to bear to supplement our own capabilities. We are active members of the National Emergency Number Association (NENA) and Association of Professional Communication Officials (APCO), the International Computer -Aided Dispatch (CAD) Consortium, the International Association of Chiefs' of Police (IACP) and the Law C NSULFING,, LLC 25A -16 EXHIBIT A Enforcement Executive Development Association (LEEDA). We also are members of the 9 -1 -1 Industry Alliance, the Project Management Institute (PMI), and the UpTime Institute, and are also a NENA Next Generation 9 -1.1 (NG9 -1 -1) partner company, The conferences and meetings we attend with industry leaders allow us to maintain currency with all industry - related legislation and initiatives, new product offerings, and provide Input into 9 -1 -1 operations and technology policies and plans. We have successfully worked on all aspects of public safety and emergency management Information systems, to include RMS, CAD, Mobile, Field Reporting, radio, and GIS /AVL /Mapping, imaging, scheduling, analytics, video, networking and telephony systems design, procurement, and implementation. Additionally, we have provided design and integration services for major public safety and emergency management command centers. In many of our projects, we have assisted our clients in performing "As- Is" and "To -Be" needs assessments of their PS IT infrastructure, organization, and resources, as well as developed integrated models for IT management and governance based on the agencies' strategic vision and goals. Winbourne Consulting's business vision and philosophy are based on the following concept: Achieving a high level of customer satisfaction through providing professional, leading edge, timely and cost effective service to our public safety clients in order to enhance the First Responder's ability to effectively and safely respond to calls for help from the community. Our firm has undertaken specific internal measures in order to reinforce our ability to continuously improve our level of services. These steps have included attaining our registration for quality services as an ISO 9000 -2008 firm, This registration opens our firm to semi - annual external audits of our internal procedures and metrics in order to constantly focus on enhancing the quality of services through improved and streamlined internal procedures. We have coupled this effort with funding our staff to obtain three key certifications — Project Management Professional (PMP), Emergency Number Professional (ENP), and Information Technology Infrastructure Library (ITIL). Furthermore, we have participated in a wide range of public safety - related professional organizations to enhance our understanding of the most current thinking on technology, communication, operational and financial issues confronting our industry. Our structure adheres to a flat, matrix -based approach to overall management and communications with the firm. A management committee manages the firm on an ongoing basis with three business units: 9 -1 -1 Services, Mission Critical Facilities, and Federal Services. W I NBOURNE CQNSULTiJGF LiC 25A -17 EXHIBIT A 2.0 Key Personnel Resume Andrew Reece is our proposed Engagement Executive, providing corporate oversight and Quality Assurance. Robert Waldon is our proposed Project Manager and has significant knowledge of mobile data computer systems. Mr. Waldon resides in Orange County and will be available to execute the project forthwith and will remain very accessible. Proposed Staff' Member and Role Responsibilities Andrew Reece Engagement Executive Deliverable Quality Assurance Project Manager o Subject Matter Expert Robert Waldon .' sOW Development •' Vendor Negotiations Support s Project Execution and Implementation Andrew G. Reece, Pi ITIL Summary of Experience Mr, Reece has over 20 years of experience in managing the improvement of Government operations. He specializes in strategic planning, business process design, business process improvement, and organizational design and realignment, Specifically, he has a broad knowledge of Government operations, including finance and budget, technology and systems, and their impact on business process and organization structure. He has worked extensively over the past 10 years planning and implementing complex information technology (IT), network, and communications systems. Highlights include; + Executive management responsibility for over S40 million in public safety IT projects. + Extensive experience with the design, procurement, configuration, and implementation of numerous public safety IT applications and projects. • Program and project management experience for a wide array of public safety applications. Related Project Experience Winbourne Consulting (Formerly Winbourne and Costas, Inc.) 2001 -2011, President, 2011 to Present, Vice President, 2001 to 2011 • Arlington County, VA — Public Safety Information'rechnology Strategic Plan — Project Manager • Pembroke Pines, Fl.— Public Safety Emergency Communications Consolidation Feasibility Project — Project Manager • Kingdom of Jordan - CAD /Public Safety System Replacement Project — Project Manager W M OURNE' CONISULTING, LLC 25A -18 EX;LIIBTr A • Fairfax County, VA— Department of Information Technology, Public Safety Integrated CAD /RM5 Implementation Project — Program Manager • U.S. Department of State (DOS) — Kingdom of Jordan Crisis Management and Emergency Resource Project — Project Manager • City of Mesa, AZ - Public Safety Information Technology Strategic Plan Project - Engagement Executive • City of Virginia Beach, VA - CAD /RMS Replacement Project — Engagement Executive • Prince William County, VA — Department of Public Safety Communications CAD /RMS /Mobile /Field Reporting Replacement Project — Engagement Executive • Peoria, AZ Police Department --CAD /RMS /Mobile /Field Reporting Replacement — Engagement Executive • Montgomery County, MID — Fire and Rescue Department Dispatch Operations Analysis — Engagement Executive • Fairfax County, VA— Fire and Rescue Department Electronic Patient Care Replacement Project— Engagement Executive • National Capital Region CAD to CAD Data Exchange Hub Project — Engagement Executive • Kurdistan Iraq /United Nations Office of Project Services (UNOPS) — EMS Dispatch System Project— Engagement Executive • Ada County, ID - CAD /Mobile Replacement— Engagement Executive • State of Arizona Department of Public Safety — Message Switch Replacement Project — Engagement Executive • DeKalb County, GA — CAD /Mobile Replacement Project — Engagement Executive District of Columbia Office of Property Management, Chief of Staff -1998— 2001 District of Columbia Financial Authority, Assistant Chief Management Officer -1995 —1998 Assistant to the Vice President for Academic Affairs, Howard University, — 1991 -1995 CREDENTIALS • Information Technology Infrastructure Library (ITIL°) v3 Foundation Certification —2012 + Project Management Institute (PMI) PMP Certification — 2008 PROFESSIONAL ORGANIZATIONS Association of Public Safety Communications Officials (APCO) —I ntern a tion a I — Current National Emergency Number Association (NENA) — Current International Association of Chiefs of Police (IACP) — Current TRAINING COURSES • User and System Requirements for Successful Software Development -2011 • Software Quality Assurance: Delivering Consistent Quality— 2011 EDUCATION • University of North Carolina, M.A., Geographical Information Systems —1994 • University of Miami, B.A., Geography, English —1989 W CONSULTING, LLC 25A -19 4 EXHIBIT A Summary of Experience: Extensive experience and knowledge in public safety communications, 911 center operations and planning, law enforcement, land mobile radio communications, electronic engineering technology, crisis management, emergency response, spectrum management and FCC regulatory Issues, radio communications and interoperabillty, supervision and project management. Robert A Waldon Jr., Senior Consultant, Winbourne Consulting, LLC Summary of Experience iMr. Waldon has spent 25 years in public safety originally functioning as a firefighter paramedic in the Los Angeles and Orange County area and as a project manager managing the implementation and integration of CAD and RMS systems along with their ancillary interfaces since 1992. Specifically, he has a broad knowledge of field and communication center operations of both fire and law enforcement, and has been involved with the implementation of complex multi- agency systems throughout the US. Highlights Include: • Program Management of multiple project managers for multi- agency systems. Including functioning as the PMO Directorfor a Tier 1 CAD and RMS company based in San Diego, CA. • Specializes in project team development and methodical approaches to complicated systems with project teams of little to no project management, or IT implementation experiences. • Extensive experience with the development and implementation of public safety system to include CAD, E911, Fire and Police RMS systems, Mobile System, AVL, EPCR, Radio System, CAD to CAD, Booking and Jail Systems, Inventory Management, Training and Scheduling Systems, and CLETS and CIS databases. Related Project Experience Public Safety Systems Project Management, 1992 to Present Winbourne Consulting, LLC, Alexandria, Virginia Consulting engagement for public safety technology solutions including CAD, RMS, FBR, E9 -1- 1 telephony and other public safety support technologies. Target Solutions, San Diego, California Consulthtg engagement for the procurement of an Electronic Patient Care Reporting (EPCR) softwaresystem. Valuation of functionality and system design and architecture. Motorola, San Diego, California Responsible for managing Public Safety Software projects within constraints of scope, quality, time, and cost, to deliver specified requirements and meet customer satisfaction. Specifically WIC�BOURNE' NsuITtttG, LLC 25A -20 EXHIBIT A hired to manage a complex RMS integration project with the San Diego County, CA Sheriff's Department. San Diego, CA, San Diego Sheriff's Department - Development and Implementation of a Mutli- Agency, Multi - Discipline RMS System, TriTeeh Software System, San Diego, California: Responsible for overall direction of Project Management Office (PMO) providing services to the organizations portfolio of projects such as; guidelines, planning, scheduling, estimating, costing, and risk assessment as well as functioning as a Project Manager responsible for managing multiple Multi- Agency CAD Implementation project within constraints of scope, quality, time, and cost, to deliver specified requirements and meet customer satisfaction. • Bay Medical Center, FL — EMS CAD and Mobile System with associated interface. • Clark County, NV— Combined Communication Center CAD and Mobile System with associated interfaces. • County of Fresno, CA - EMS CAD and Mobile System with associated interface. • City of Denver, CO -- Combined Communication Center CAD and Mobile for Police, Fire and EMS. • Santa Ana, CA-- Fire CAD with associated interfaces • Santa Barbara, CA— Police CAD and RMS. • San Luis Obispo County Sheriff, CA - — Police CAD and RMS with associated interface. • Southwest Ambulance of Las Vegas, NV - EMS CAD and Mobile System with associated interfaces. • El Paso & Teller Counties, CO — Multi Agency CAD and Mobile systems for Police, Fire and EMS, including multi- agency CAD interfaces to each agency. • City of Plano, TX- Combined Communication Center CAD and Mobile for Police and Fire with associated interfaces. American Medical Response, Southern California: Consolidation of communications centers, development and implementation of CAD and Mobile Systems and ancillary interfaces to secondary agencies and billing systems, Projects include: • AMR San Diego, CA, System Status Plan Development and CAD Implementation. • AMR Los Angeles & Orange Counties, CA, System Status Plan Development and CAD Implementation. • AMR Ventura, CA System Status Plan Development and CAD Implementation. • AMR Riverside, CA System Status Plan Development and CAD Implementation. W JIIBOURNtE- CONSUiTtitrG, LLC 25A -21 EXHIBIT A Related Public Safety Experience Firefighter, Paramedic, Communication Center Manager Orange County Fire Authority, Orange County, CA, 1993 — 2001 Paid Call Firefighter /Driver Operator /Company Officer /Associate Instructor Served community of Orange County as a Paid Call Firefighter. American Medical Response, Los Angeles, CA, 1994 —1999 Communications Manager /System Staters Manager Responsible for managing and coordinating daily operations for a large communications center consisting of a regional call center and dispatch center with a call volume exceeding 2000 calls per day. American Medical Response, Los Angeles, CA, 1993 —1999 Computer Aided Technology /Systems Administrator Crippen Ambulance Company, Covina, CA, 1992 —1993 Paramedic Encinitas Fire Department, Encinitas, CA, 1989 —1991 Reserve Fite Fighter Anaheim Fire Department, Anaheim, CA, 1989 — 1991 Reserve Fire Inspector Superior Ambulance, Santa Ana, CA, 1987 -1991 Emergency Medical Technician, Part Time Dispatcher. 11111IMNSCONI • Project Management Completion of over 20,000 hours of experience managing the implementation of Public Safety Systems for Fire, Police and EMS Agencies. Completion of the Project Management Institutes Core Competencies in excess of 100 hours. • PCF Fire Ground Off icerAcademy, Orange County Fire Authority, Orange County, CA, 1997. • Driver Operator Academy #21, Orange County Fire Authority, Orange County, 1997 • PCF Fire Fighter Academy #23, Orange County Fire Authority, Orange County, 1995 • AS Degree in Emergency Medical Services, Paramedic School Class 412, Mt. San Antonio College, 1991 • AS Degree in Fire Technology, 74th Basic Fire Fighter 1 Academy, Rancho Santiago College, 1988 W,BOUP,NF' 01ASULTING, ILC 25A -22 EXII]i A 3.0 Project Tasks and Deliverables 3.1 Proposed Project Tasks & Associated Deliverables Our proposed tasks to complete the project are as follows: 1. Project Management: Provide overall project management services of the CAD and RMS replacement project to include the following: a. Provide overall direction of project team, b. Conduct weekly status meetings, as necessary, c. Complete weekly status reports to project team, d. Complete oversight of contractual compliance of TriTech Software Systems, e. Attend all project status meetings, f. Complete review of current state of project, g. Develop Master Project Schedule based on defined deliverables, I. Include tasks and deliverables associated with mobile hardware upgrade, h. Integrate SAPD objectives non - related to TriTech deliverables, I. Provide guidance in soliciting and managing third party vendors for completion of project tasks, Le., software developer for custom interfaces to SAPD ancillary systems, j. Provide Subject Matter guidance in development of integration of SAPD ancillary systems and CAD and /or RMS. k. Provide assistance in soliciting two - factor authentication by way of an RFP process. I. Provide assistance in completing the CAL DOJ CLETS application for the implementation of the new TriTech software as well as two- factor authentication. W I N B CsU RBI E" CON3UCr(NC, UX 25A -23 8 GY'IIIBIT A 3,2 Fee Structure Based on the initial review and scope of requirements, Winbourne Consulting will commit to providing Project Management and Subject Matter Expertise support over the period of up to 21 months at approximately 1.2 hours per week (on average) to complete the implementation of the CAD, RMS and integration to existing at a proposed fixed priced contract amount of $150,512. This includes guidance to the entire project team throughout the implementation process based on the tasks and deliverables listed in section 3.1 Proposed Project Tasks & Associated Deliverables, Winbourne Consulting may evaluate if a change order to the contract is needed based on any of the following 1. A request for additional support outside of the scope of section 3.1; 2. If more hours are needed beyond, 12 hours per week (on average) to keep the Implementation on schedule; or 3. If completion of the implementation is delayed beyond 21 months for any reason other than rework caused by Winbourne Consulting. Winbourne Consulting will submit equal Invoices on a quarterly basis throughout the project. The rate utilized for our consulting fee for project management services for this engagement was based on an average rate of $160.00 per hour discounted to $135.00 per hour. Due to the proximity of our on -site consultant, travel expense reimbursement shall not be required unless additional resources from Winbourne Consulting are required. Any additional resources or subject matter experts shall be provided at rate of $160.00 to $135.00 plus travel expense reimbursement. CON9UCPING, LLC 25A -24 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: I. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. a, This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 25A -25 25A -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AMENDED AGREEMENTS WITH INFOSEND, INC. ❑ 1:1 AND INVOICE CLOUD FOR BILL PRINT SERVICES AND MERCHANT PROCESSING SERVICES ❑ (STRATEGIC PLAN NO. 7, 5F) ❑ CITY MAMA �-•.. RECOMMENDED ACTION As Recommended As Amended Ordinance on 13' Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a First Amended Agreement with InfoSend, Inc. to add bill print services for the City's Proactive Residential Enforcement Program for an amount not to exceed $5,000 for the period beginning June 7, 2016 through June 30, 2016 with an additional amount not to exceed $25,000 for the fiscal year period of 2016 -17 for a total sum of $30,000, subject to non - substantive changes approved by the City Manager and City Attorney. Authorize the City Manager and Clerk of the Council to execute a Second Amended Agreement with Invoice Cloud, Inc. expanding the scope of contractual services to include enhanced Electronic Billing and Payment Presentation (EBPP) services for the City's Municipal Utility Services program and extending the current contract term beginning July 1, 2016 through June 30, 2018 and increasing compensation from $25,000 to $290,000, which includes a $50,000 contingency, upon a written request executed by the City Manager and City Attorney, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury and Customer Service Division (Treasury) is responsible for the billing and payment processing of several city programs, which include: Municipal Utility Services (MUS), Paramedic Subscription, Dog License, Business License Tax, and most recently the Proactive Residential Enforcement Program (PREP) that was adopted by City Council on May 3, 2016. On June 17, 2015, the City Council approved an agreement with InfoSend for bill print services for these programs including mailings of associated bills, notices, and advisories. Staff is requesting approval of a First Amended Agreement with InfoSend to provide bill print services for the PREP and include the option for multi -color printing for all bill print services jobs at single color cost for an 2513-1 Amended Agreements with InfoSend, Inc. and Invoice Cloud For Bill Print Services and Merchant Processing Services June 7, 2016 Page 2 amount not to exceed $5,000 for Fiscal Year 2015 -16 and for an amount not to exceed $25,000 for Fiscal Year 2016 -17. The City's existing bill print services agreement with InfoSend includes online payment support for MUS accounts. The online payment services include QuickPay links and a basic Electronic Billing and Payment Presentation (EBPP) portal capable of supporting either one -time or continuous automatic credit card or electronic fund transfer payments. Current payment processing services provided under the existing InfoSend agreement are set to expire on June 30, 2017. On March 15, 2016, the City approved an upgrade to the City's MUS customer information service & billing system ( "enQuesta ") which is scheduled to "go live" on November 7, 2016. Online and over - the -phone payment support for this upgrade requires "enhanced" EBPP capability with real - time account balance pull and real -time payment posting to enQuesta, plus single sign -on capabilities with enQuesta's web connect portal to support mobile payment capability. Staff therefore recommends the modifications contained in the First Amended Agreement with InfoSend sunsetting InfoSend's QuickPay and basic EBPP services relating to the City's MUS program. To replace InfoSend's online payment support for MUS accounts, staff is requesting approval of a Second Amended Agreement with Invoice Cloud that will add: (1) comparable payment processing services for the City's MUS program with Invoice Cloud processing electronic fund transfers and JP Morgan Chase Payment Tech processing credit card payments under agreement with Invoice Cloud; and (2) enhanced EBPP services provided by Invoice Cloud in connection with MUS billing and payment processing. Through the amended agreement with Invoice Cloud the enhanced EBPP services will allow customers to utilize a single sign -on to view their MUS account statements and history on -line (via PC, Laptop, Tablet, or Smartphone). It will also allow customers to make electronic payments in real time via ACH bank transfer or credit card, as well as over - the -phone through Invoice Cloud's Interactive Voice Recognition (IVR) integration with Selectron Technologies, Inc., the City's IVR service provider. As a result, online payments are anticipated to increase approximately 5% per year over the next five years, doubling from the current 1 in 4 payments to approximately 1 in 2 payments. On July 16, 2015, the City of Anaheim published an RFP for Electronic Bill Payment Services for the Anaheim Public Utilities Department. The Anaheim RFP process is substantially similar to the Santa Ana process and the subject matter of the Anaheim RFP is substantially equivalent to the City's current requirements for enhanced EBPP services. For both Santa Ana and Anaheim the requested enhanced EBPP services have unique performance factors /requirements inasmuch as they must interface with the following systems which are maintained by both cities: (1) Systems and Software ( "S &S ") enQuesta version 4.5 Customer Information Service system for customer account information including balance & recurring payment status; (2) S &S "WebConnect" Portal with single sign -on access to remotely access the enQuesta system; (3) S &S "enQuesta Go" to permit customers the ability to sign -on from their iOS and Android mobile devices and make 25B -2 Amended Agreements with InfoSend, Inc. and Invoice Cloud For Bill Print Services and Merchant Processing Services June 7, 2016 Page 3 payments online or over - the - phone; and (4) System Innovators' "iNovah" cashiering system to manage real -time payment posting. A summary of the Anaheim RFP solicitations and the proposals received is as follows: 20 Vendors were electronically notified 2 Vendors downloaded the bid packet 0 Bids received from City of Anaheim Vendors 2 Bids received 1 Bid judged responsive 1 Agreement awarded with Invoice Cloud Inc On the basis of these comparable performance factors /requirements which are locally unique to the cities of Santa Ana and Anaheim, staff recommends that the City recognize the results of the Anaheim RFP process. Thus, in accordance with SAMC Section 2 -807 (d), staff Agreement with Invoice Cloud authorizing enhanced EBP P and enabling real -time on -line payment processing via including smart phones, be approved. STRATEGIC PLAN ALIGNMENT recommends the Second Amended services for the City's MUS program various electronic customer devices Approval of this item allows the City to meet Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization), Strategy F (explore opportunities to engage with outside agencies, both private and public, to share information and increase efficiencies). FISCAL IMPACT InfoSend, Inc. Funds up to the amount of $5,000 are budgeted and are available in fiscal year 2015 -16 in Finance and Management Services Agency account no. 01110130 - 62300. Funds in the amount of $25,000 for fiscal year 2016 -17 will be budgeted and available, upon Council approval of the fiscal year 2016 -17 budget, in Planning and Building Agency account no. 01116540- 62300. 25B -3 Amended Agreements with InfoSend, Inc. and Invoice Cloud For Bill Print Services and Merchant Processing Services June 7, 2016 Page 4 Invoice Cloud, Inc. Funds will be budgeted and available for on -going merchant payment (MP) services and enhanced electronic bill and payment presentation (EBPP) services as follows: Description Account No Fiscal Year Amount FMSA Invoice Cloud MP & EBPP Services 01110130 -62300 FY 2016 -17 $ 49,000.00 01110130 -62300 FY 2017 -18 $ 83,000.00 CONTRACT TERM TOTAL $ 132,000.00 Description Account No Fiscal Year Amount PWA Invoice Cloud MP & EBPP Services 06017640 -62300 FY 2016 -17 $ 41,000.00 06017640 -62300 FY 2017 -18 $ 117,000.00 CONTRACT TERM TOTAL $ 158,000.00 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez ;2Hts—san Hagh I Executive Director Executive Director Finance & Management Services Agency Planning & Building Agency F' ✓U° Jack fulls re Mou avl ur Chi Technology Innovations 4fP(cer Hxe utive Director Info mation Technology Department Public Works Agency Exhibits: 1. InfoSend – First Amended Agreement 2. Invoice Cloud - Second Amended Agreement 25B -4 FIRST AMENDED AGREEMENT THIS FIRST AMENDED AGREEMENT, dated as of this 7th day of June 2016, by and between InfoSend, Inc., a California corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into that certain Agreement A- 2015 -116, dated June 17, 2015, (hereinafter "said Agreement ") by which Consultant having special skill and knowledge in the field of Bill Print - Processing, Printing and Mailing (PPM) services as well as Electronic Bill Presentment and Payment (EBPP) services agreed to perform such services for the City. B. The parties desire to amend the Scope of Services and Compensation clauses of said Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, the parties agree as follows: 1. SCOPE OF SERVICES: The parties hereto now desire to amend Section 1, subsection (a) of said Agreement - Processing, Printing and Mailing (PPM) Services by adding an additional fourth enumerated list item expanding the scope of Consultant's PPM services as follows: (4) Proactive Rental Enforcement Program (PREP) notices, account billings, balance owing, penalty and/or collection notices, associated form correspondence, and other notices and advisories. For all enumerated City operations or functions for which PPM service is authorized hereunder the City shall have the option to elect multi -color printing using virgin stock paper at the same net production cost as black plus single color printing using recycled paper stock. The parties hereto now desire to amend Section 1, subsection (b) (i) of said Agreement - Basic Electronic Bill Presentment and Payment (EBPP) Services to provide the City the right to bifurcate said Agreement and terminate Basic EBPP services for Municipal Utility Services Billing. During the Term of this Agreement and any extension hereto, but beginning not sooner than November 1, 2016, City may upon ninety (90) days prior written notice to Consultant by the City's Executive Director of Finance and Management Services, terminate Basic EBPP services for Municipal Utility Services billing. Whereupon City shall have the right to continue Consultant's Basic EBPP services for Municipal Utility Services Billing on a month -to -month basis and terminate the Basic EBPP portion of the Agreement in connection with Municipal Utility Services Billing, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said Basic EBPP portion of the Agreement. EXHIBIT 1 2513-5 A. The parties hereto now desire to amend Section 1, subsection (c) of said Agreement - Enhanced EBPP Services for Municipal Utility Services Billing to terminate Consultant's obligation to provide Enhanced (EBPP) Services. B. The parties hereto now desire to amend Section 1, subsection (d) of said Agreement - Consultant's Right to Assign Enhanced EBPP Services for Municipal Utility Services Billing to terminate Consultant's right to assign Enhanced EBPP Services for Municipal Utility Services Billing. C. The parties hereto now desire to amend Section 1, subsection (e) of said Agreement - City's right to bifurcate agreement and terminate PPM and Basic EBPP services for Dog License billing. During the Term of this Agreement and any extension hereto, but beginning not sooner than November 1, 2017, City may upon ninety (90) days prior written notice by the City's Executive Director of Finance and Management Services, terminate PPM services and /or Basic EBPP services for Dog License billing. Whereupon City shall have the right to continue Consultant's PPM services and/or Basic EBPP services for Dog License Billing on a month -to -month basis and terminate the PPM and /or Basic EBPP portion of the Agreement in connection with Dog License Billing, with no termination penalty or fees by providing fifteen (15) days written notice of its intent to terminate said PPM and /or Basic EBPP portion of the Agreement. D. The parties hereto now desire to amend Section 1. of said Agreement to add a subsection (f) Change Order Process. During the term of this Agreement and any extension thereto the City and Consultant may by mutual consent authorize a change order in connection with services under this Agreement, to include but not be limited to: bill print services, electronic bill creation, bill presentment to third party EBPP service provider, quick pay and /or basic EBPP services, EBPP account migration and /or electronic notification of EBPP service suspension or change in service provider. Any change order mutually agreed to by the parties hereto in connection with these services will be calculated using Consultant's current schedule of charges, provided that the professional Consultant labor rate charged shall not exceed $175.00 per hour. 2. COMPENSATION A. The parties hereto now desire to amend Section 2, subsection (a) of said Agreement to increase Consultant's Compensation for PPM services relating to City's Proactive Rental Enforcement Program (PREP) notices, account billings, balance owing, penalty and /or collection notices, associated form correspondence, and other notices and advisories.. City agrees to pay, and Consultant agrees to accept as total payment for these additional services, the rates and charges identified in Exhibit A. The additional sum to be expended shall not exceed $30,000 distributed as follows: (1) $5,000 in the period beginning June 7, 2016 and ending June 30, 2016; and (2) $25,000 in the fiscal year period of 2016 -17. The total contractual sum expendable for the annual fiscal year ending June 30, 2016 shall be correspondingly increased from the current $375,000 to $380,000, in addition the total contractual sum expendable for the optional 2016 -17 fiscal year shall be increased from $375,000 to $400,000. 0 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. 4. This First Amended Agreement must be signed below and may be signed in counterpart and delivered by facsimile, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. (Signatures on following page) 25J3-7 IN WITNESS WHEREOF, the parties hereto have executed this First Amended 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: Francisco Gutierrez, Executive Director Finance & Management Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager CONSULTANT Russ Rezai Chief Operating Officer Tax ID # 363 - 0748516 mWe SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on June 7, 2016, by and between Invoice Cloud, Inc., a Delaware Corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into that certain Agreement N- 2015 -174, dated November 19, 2015, (hereinafter "said Agreement ") by which Consultant having special skill and knowledge in the field of payment processing and electronic and enhanced bill presentment and payment agreed to perform such services to the City. The Term of said Agreement was to expire March 31, 2016 and Compensation for said services was not to exceed $25,000.00 unless amended by the parties for a greater specified amount. B. The parties entered into a first amendment of said Agreement (N -2015- 174 -01), dated March 31, 2015, (hereinafter "said First Amendment to Agreement ") by which the Term and Scope of said Agreement where amended to: (1) extend the Term by six months beginning April 1, 2016 and terminating September 30, 2016; and (2) expand the Scope of Consultant's payment processing and electronic bill presentment and payment services to include City's Proactive Rental Enforcement Program (PREP) accounts. C. The parties now desire to enter this Second Amendment to further expand the Scope of Services, extend the Term of said Agreement, and increase the Compensation. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement and said First Amended Agreement, the parties agree as follows: 1. The parties hereto now desire to amend Section 1. of said Agreement (Scope of Services) to expand the scope of Consultant's payment processing to include enhanced electronic bill presentment and payment (EBPP) services to include City's Municipal Utility Services (MUS) accounts as set forth in Exhibit A "Invoice Cloud Biller Order Form" and Exhibit B "Invoice Parameters" both of which exhibits are herein incorporated by reference. Said enhanced EBPP services to include EBPP portal with real -time account balance pull and real -time payment posting to System & Software, Inc.'s enQuesta CIS (any version) and Single Sign -on (SSO) capabilities with System & Software, hic.'s WebConnect portal. 2. The parties hereto now desire to amend Section 1. of said Agreement (Scope of Services) to provide for a change order process in connection with the implementation and on -going support of payment processing and electronic and enhanced electronic bill presentment and payment services under this Agreement. Any change order mutually agreed to by the parties hereto in connection with these services will be calculated using Consultant's current schedule of charges, provided that the professional consultant labor rate charged shall not exceed $175.00 per hour. Exhibit 2 256 -9 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to 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 B Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: Francisco Gutierrez, Executive Director Finance R Management Services Agency CITY OF SANTA ANA DAVID CAVAZOS City Manager 25EM 0 Invoice Cloud, Inc. Name: Title: Tax ID# j EXHIBIT A �s Biller Order Form .�,z9 Ownership Type: Government Biller Contacts Legal Name: City of Santa Ana ! Minerva Mancha, Treasury Services Supv. Address 1: 20 Civic Center Plaza Phone Number: 714- 647 -5442 Ext. Address 2: Email Address: mmancha @santa - ana.org City: F Santa Ana State: Ca Zip: 92701 • ° ° Hans Nielsen, Project Manager Phone# 714- 647 -5442 Fax #: 714- 6475089 !Email umber: 714- 647.5442 Ext. Website URL: htip: / /www.cl.santa- ana.ca.us/ ddress: hnielsen @santa- ana.org Business Open Date: 1886 ' Minerva Mancha Federal Tax ID #: 95- 6000785 Phone Number: 714- 647 -5442 Ext. Nate: Federal Tax ID and Legal Name must match on all documents. Email Address: mmancha @ santa- ana.org Signatory Contact: I I Francisco Gutierrez I Title: Finance Director Phone Number: 714-647-5400 1 Ext. Email Address: fgufierrez @santa- ana.org Paperwork Contact: Will Holt, Treasury& Customer Services Manager, (714) 647 -5456, wholt @sonto- ono.org. Please note that Systems and Software Is still iimplementing Go Mobile for Santa Ana. New Biller Implementation: $ 1,500 Paperless Presentment: includes 3 email notifications $ 0.11 Per Item Biller Portal Access: $ _ 100 Monthly IC Payment - Credit Card: $ 0.00 Per Item Additional User(sj $ -0.00 Monthly Per User IC Payment - EFT /ACH: $ 0.00 Per Item Online Bank Direct Access: $ 0,00 Choose an item. Online Bank Direct: $ r -025- Per Item Go Mobile Gateway $ 0.00 Choose an item. Harris Go Mobile: $ 0.00 Per Item Invoice Presentment: $ 0.00 Monthly EFT /ACH Reject: $ 15.00 Per Item Charge Back: $ r 20 00 Per item Name of Checking Account (As it appears an check or Bank letter): I I City of Santa Ana Bank J.P. Morgan Address: �{ 3 Park Plaza Fir 9 Irvine, CA 92614 Phone: g49- 833061 Name: Depository Routing #: 322271627 Account #: 935309500 Your Invoice payment collections will be electronball de 71ted into this account, Fees Routing #: Account #: - 322271627 935309500 EXHIBIT B lnvr ice° S --I ararnt— ctvs Ver. 2.7 ' Municipal Utility Services > • 5/9/2016 Invoicing Parameters sheet must be com leted for each invoice type_.____ Systems and Software enQuesta4.5 NOM Non - Submitter • •® ZVisa ® MasterCard ❑Discover' []Amex 9EFT /ACH Emil ' •' 11I ZjtI3PP 0Cloud Store ® Cloud Pay ❑ OBID ® IVR ❑Kiosk Billing Frequency: Monthly Number of Bills: 23,000 Number of Cycles: 4 Number of Installments: 1 Average Invoice Amount: $250 Highest Invoice Amount: $ 125,000 Billing Months (please select the applicable months below): 0-an ❑Feb ❑Mar ❑Apr ❑May ❑Jun ❑ Jul ❑ Aug ❑ Sept ❑Oct ❑ Nov ❑ Dec ® All ® ®• - ® 1 Bt -I Oth ® 11th - 20th ® 21 st - 31 Bt ❑ Biller ❑ Template ❑ Bill Print Vendor (please complete below) - LNG. Item Paid by Biller ❑ Credit Card: lINFOSEND, Hardware: se an item. QTY Chaose an item. Provided by: ❑Sales Rep ❑Operations Per Unit Prie EFT /ACH: 1 Shipping Address: ® EFT /ACH: $ 0.50 Per Item ❑ Credit Card (if different than location address) ❑ EFT /ACH: Total Due: ❑ Paid by payer ❑ I Paid by Biller Item Paid by payer ❑ .re • watobor Paid b Biller ❑ Credit Card: Interchange,��f�e"es, dues asse�s°s'm--e�nts+ %with $ Minimum Authorization $ I + I ... % gP ❑ EFT /ACH: $ per item H: $ ', per item ❑ Flex Pay ACH: $ per item ACH: $ per item Item Paid by-payer Item Paid by Biller ❑ Credit Card: 7o with $ Minimum (Without Visa Acceptance) ® Credit Card: Interchange, fees, dues assessments+ Authorization $ 0,50 + F %Bp ❑ EFT /ACH: 1 $ Per item ® EFT /ACH: $ 0.50 Per Item ❑ Credit Card Service Fee: $ Max Cap for Credit Cards; $ ❑ EFT /ACH: Service Fee: $ - - ❑ Paid by payer ❑ I Paid by Biller s a e • �� ❑ Paid by payer Service Fee + $ ❑ I Paid by Biller 1 $1 F per item surcharge e0 B' 0 ® 6e i /, /.v.t, p8' Willard Holt Please note the above requested date is not guaranteed. The implementation time frame is not guaranteed subject to change and delays to workload, systems /data requirements, biller cooperation and other factors. 25B -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: AGREEMENTS WITH KPFF CONSULTING ENGINEERS AND IDS GROUP, INC., FOR CONSTRUCTABILITY REVIEW SERVICES {STRATEGIC PLAN NO. 6, 1C} CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED Q As Recommended [I As Amended ❑ Ordinance on 161 Reading ® Ordinance on 2ntl Reading ® Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute agreements with KPFF Consulting Engineers and with IDS Group, Inc., to provide constructability review services for a two -year period beginning June 8, 2016 and expiring June 7, 2018, with provisions for two one - year renewal options exercisable by the City Manager and City Attorney, in an amount not to exceed $400,000 for each consultant over the entire term of the agreement, including any renewals, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency oversees all construction for capital improvements projects (CIPs). Some construction projects are complex and involve multiple engineering disciplines. To reduce potential design errors and inconsistencies, as well as ensure that these projects are biddable, buildable, cost effective, and maintainable, a constructability review is needed prior to advertising the projects. Constructability reviews generally yield cost savings from the value engineering and cost avoidance. It is common that a 2 -to -3 percent of project cost be invested in constructability reviews. Constructability review may be needed for civil engineering, electrical engineering, mechanical engineering, structural engineering, architectural, and landscaping projects. City Engineering staff, collectively, do not have the all of these engineering licenses and expertise. Therefore, it is recommended that constructability review services be provided by qualified professional consulting firms that have a full range of specialty licenses to meet the agency goal and deliver high quality, cost effective and timely projects. On February 16, 2016, the Public Works Agency released a Request for Proposals (RFP) on the City's website and notified qualified consulting firms. Three proposals were received and evaluated by a review committee from the Public Works Agency. One proposal was not fully scored because it did not meet the minimum qualifications listed in the RFP. 25C -1 Agreements with KPFF Consulting Engineers and IDS Group, Inc. Constructability Review Services June 7, 2016 Page 2 Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. The firms and their respective scores are as follows: FIRM SCORE KPFF Consulting Engineers 88 IDS Group, Inc. 73 Tait & Associates Not Rated Staff recommends that KPFF Consulting Engineers (Exhibit 1) and IDS Group, Inc. (Exhibit 2), be retained to provide constructability review services. The cost proposals from these two firms were negotiated to ensure the City receives the highest quality and value. After the award of agreements, the City will use a task -order system to ensure that tasks are equitably allocated to all consultants. The actual costs will be based on the approved hourly rates and the time expended on a project. The time and costs for each project will be closely monitored by City staff. 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. FISCAL IMPACT There is no fiscal impact at this time. Prior to utilizing of any of these on -call services, Public Works staff must receive Finance & Management Services Agency approval of funding and accounts to ensure that funds are available under the authorization and aggregate limit of these agreements. Upon successful completion of this fiscal review, a corresponding Notice to Proceed containing specific scope and maximum expenditure for the task order will be issued to a firm. Funding for these services is available in prior year and the current FY 2015 -16 approved CIP budgets, and will be budget in futur CIPs. P_"� Fred Mousavipour Executive Director Public Works Agency Exhibits: 1. Agreement — KPFF Consulting Engineers 2. Agreement — IDS Group, Inc. 25C -2 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 2016 by and between _ ICPFF Consulting Engineer , (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 o£ Constructability Review to ensure that projects are biddable, buildable, cost- effective and maintainable for its Capital Improvement Program on an as needed basis. B. Consultant represents that Consultant is able and willing to provide such services to the City C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed _$400,000 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 3. TERM This Agreement shall commence on the date first written above for a two (21 year term with the option for the City to grant up to a two (1) -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. KPFF_Agreement Exhibit 1 25C -3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, 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. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insured's provisions. 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, KPFF Agreement 25C -4 Page 2 of 8 C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate, e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim 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. KPFF_Agreement Page 3 of 8 25C -5 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. KPFF_Agreement 25C -6 Page 4 of 8 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as farther specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant, The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to reecipt of such notice of termination, subject to the following conditions; a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. KPFF_Agreemeat 25C -7 Page 5 of 8 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 1$. PAYMENTS & INVOICES a. Payment by City shall be made within 45 days (forty -five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage ( %) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference, b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. KPFF_Agceement 25C -8 Page 6 of 8 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: 714 -647 -6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714- 647 -5635 To Consultant: ose Hernandez Project Manager KPFF Consulting Engineers 400 Oceangate, Suite 500 Long Beach, CA 90802 Fax: 562-437-9200 Sonia R. Carvalho City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O, Box 1988 Santa Ana, California 92702 Fax: 714- 647 -6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time fiames, wcekends, federal, state, Cotimty or City holidays shall be excluded. KPFF_Agreemoa Page 7 of 8 25C -9 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: Jose a doval Chi Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Jose Hernandez Project Manager Tax ID# KPFF_Ag eentent Page 8 of 8 25C -10 EXHIBIT A SCOPE OF SERVICES 25C -11 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CONSTRIICTABILITY REVIEW FOR TIIE PUBLIC WORKS AGENCY CAPITAL IMPROVEMENT PROGRAM RFP NO.: 16 -008 A. DESCRIPTION The City desires to engage a professional consultant(s) to perform constructability review to support delivery of the City's Capital Improvement Program (CIP), while maintaining the highest quality construction standards, and identifying potential risk and cost savings. The City is soliciting proposals to assist in the delivery of an ambitious $80 million CIP over the next five years. Projects may include buildings, bridges, pump and lift stations, park facilities, street pavement, traffic signals, underground utilities improvements. The selected consultant may enter into an agreement with the City to provide constructability review services on an as- needed basis. B. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: 1. Provide pre - design or design stage constructability review necessary to complete the design effort according to the project plans, special provisions, California Building Code (CBC), the Standard Specifications for Public Works Construction ( "Green Book "), Caltrans Standard Specifications and other Federal, State or local specifications. 2. Attend constructability review meeting with City Staff, engineer of record, other team members; and contractors, if required. Consultant shall provide meeting minutes and distribute it to the attendees. 3. The Consultant shall be a registered engineer in the State of California. 4. Provide service for large or complex projects. 5. Provide service for projects with tight construction timeline, 6. Provide service for projects with new method of construction being proposed. 7. Conduct field review to review the scope of work and identify constructability issues. 8. Deliver a constructability report along the reviewed document to the City. 9. Provide service for Design/Build projects. 10. Provide value engineering as assigned by the City. City of Santa Ana RFP 16 -008 Page Al -1 25C -12 C. CONSULTANT RESPONSIBILITIES Consultant Audit and Review Process: Prior to subject to an audit or review by Caltrans' organizations, or the federal government. D. CITY RESPONSIBILITIES awarding the contract, the selected Consultant shall be Audits or Investigations (A &I), additional state audit 1. Furnish copies construction plans and specifications to the consultant. 2. Furnish other documents or reports related to the project, E. SPECIAL REQUIREMENTS This agreement may be funded, in part, through Federal and Measure M2, therefore requiring compliance with all requirements of Caltrans, OCTA and/or the U.S. Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause, Proposer shall comply with all requirements as they pertain to the use of these funds; refer to Appendix Attachment 5. The following forms in the Appendix (Attachment 5) must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10 -H: Fee Proposal • LAPM Exhibit 10 -I: Notice to Proposers, DBE Information • LAPM Exhibit 10 -K: Consultant Certification of Contract Costs & Financial management system • LAPM Exhibit 10 -01: Consultant Proposal DBE Commitment IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAT THE LATEST VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL. LATEST FORMS CAN BE FOUND CALTANS WEBSITE, CHAPTER 10: www.dot,ca.gov/hg/LocalProu-,tins/lUM/CHIO.htm If the project will be financed, in part, by federal fiords all services rendered shall meet all required federal requirements included in this request for proposal. Consultants are advised that, as required by federal law, the City of Santa Ana is implementing the new Race Conscious Disadvantaged Business Enterprise (DBE) Program. The DBE goal for this agreement is 9 %. Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as- needed basis. The Consultants shall be thoroughly familiar with the Scope of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federal funded projects. All work shall be performed in conformance with all applicable regulations, policies, procedures and standards. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work will be reviewed by the City for conformity with the requirements of the Agreement, City of Santa Ana RFP 10 -008 Page Al -2 25C -13 Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub - consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy rued completeness of work performed remains solely that of Consultant. • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs. • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated monthly. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. • This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations, Consultants are required to inform themselves fully of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link, littp://www.dir.cL.gov/pu'blie-works/piiblicworlcs.htt-nl City of Santa Ana RFP 16 -008 Page Al -3 25C -14 EXHIBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The rates shown on ATTACHMENT 4, FEE PROPOSAL will be used to establish cost for any Task - Orders. 25C -15 /F;f �,i 1r A1, , "iV41 iIt I.,. . i I :�. .: rl 11 1 ,r. .i,. .. i 1, np i...� .._. I .qiC R st KPFF Hourly Rates }sourly Rotes 2016 2017 . Principal $214.00 $214.00 Senior Project Manager $208.00 $208.00 Project Minager $202:00 $202.00 Sr. Technical Specialist $192.00 $192.00 Sr. Engineer $170.00 $170.00 Professional Engineer $147.00 $147.00 Design Engineer $1.23,00 $123.00 Designer $117.00 $117.00 Lead Drafter $133.00 $133.00 CAD Technician $112.00 $112.00 Project Assistant $98.00 $98.00 Administration $75.00 $75,00 Direct costs Mark -up 0% Sub - Consultant Mark -Up 5% Basis fur HeUrly '[mantes We use a muttiplier of approximately 3.25 times direct salary costs to establish hourly billing rates. *All Nonexempt Employees; Nonexempt and prevailing wage employees will have additional overtime rate factors, in effect, niter 8 horns in any single workday, holidays, weekends. and night in accordance with California Law. DKS Associates Hourly Rates Hourly Rates 2016 2017 Principal $220.00 $224.40 Transportation Engineer $150.00 $15100 Project Manager $230.00 $234.60 Sr, Transportation Engineer $21.5.00 $219.30 Transportation Engineer $195.00 $ t98.90 Administrator $75.00 $76.50 Transportation Engineering Associate $70.00 $71.40 Direct Costs Mark -up 0% Mark -up for SnbCOnsnlfnnt5 0% Basis for Hourly Rates Sub - Consultant Mirk-Up 5% Multiplier. Rate available Upon request. Klialifeh & Associates, Inc. Hourly Rates Hourly Rates 2016 2017 Principal $205.00 $215.00 Senior Project Manager $205.00 $215.00 Senior Engineer $165.00 $175.00 Engineer $140.00 $148.00 Designer /Drafter $115.00 $120.00 Secretarial $65.00 $70.00 Direct costs Mark -up O %j Sub- Consultant Mack -Up 5% Basis for Hourly Rates We use it multiplier of approximately 3.20 tiles direct salary costs to establish hourly billing rates. 25C -16 Lynn Capouya, Inc. Land -_ scape Architccts hourly Rates Hourly Rates 2016 2017 Principal $25000 $250.00 Senior Project Manager $195,00 $ 195.00 Project Manager $176.00 $176.00 Prejcct Designer /Land, Arch, $139.00 $139.00 Certified Lrrigation Designer $135.00 $135,00 Job Captain $110,00 $110.00 Design Staff $105.00 $105.00 Administration $85.00 $85.00 Reimb, Agency Fee Mark -up Cost x 1.05 Basis for Hourly Rates This schedule reflects an overhead rate of t75,2% plus profit at 10 %, on a multiplier of 2.85. Rates arc blended and fixed HUOUgh duration of contract. SFK Architecture, Inc. Hourly Rates Hourly Rates 2016 2017 Partner $178,75 $178.75 Associate $143.00 $143.00 Project Manager $104.00 $104.00 Senior Draftsperson $81,25 $81.25 Junior. Draftsperson. ,$66.63 $66,63 Clerical $55.25 $55.25 Subconsultants Mark -up Cost x 1, 15 Reimbursables Mark -up Cost x 1.00 Reimb, Agency Fee Mark -up Cost x 1.05 Basis for hourly Rates We use a multiplier of approximately 3.25 times direct salary costs to establish hourly billing rates. 25C -17 EXHIBIT C CERTIFICATIONS C -1 through C -3 25C -18 Appe=ndix — --- — ._ ATTACMal NT 3-1: NON - COLLUSION t1.1FI+AL AVIT CONSTRUCTABILITY REVIEW NON - COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the Interest of, or on behalf of any undisclosed person, partnership, company, association, orgattizaGon, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall rafrain from bidding; that the BIDDER has not in any Manuel', directly or Indirectly, sought by agreement, communication, a anyone to t x tiro bid price conference with h of the BIDDER or any BIDDER„ Otto fix any overhead, profit, or cost elarnent of the bid a, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of an interestcd in the proposed contract; that all statements contained in the bid are true; and, fiuther, that the $IDDER has not directly or indirectly submitted his , her bid price y, any breakdown thereof, ,r the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, ally fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or shah bid, Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are caudoned that making a false certification may subject the certifier to criminal proscoution, Signed /-i, J ~_ -t LU '� State of C County of Subscribed and sworn to (or affurned) before me on filssiL- -day of ftW(�, 20j Ig by 2� proved to me on the basis of satisfactory evidence to be the persons) who appeared before mo.— , �� „mesa ®mt linly�u Iic ignature Tr„¢° ",� Clty of Santa Ana Rrr i i -003 Page A3 -1 25C -19 Appendix ATTACHMENT 3m2: NON-LOBBYING CERTIFICATION Cr1,RT111FICr4')p 0NS CONSTRIICTABILITY REVIEW The prospective. participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the malting of any federal grant, the maldng 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 agrccmcrit. 1 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities ". This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by Scetion 1352, Two 31, US, Code. Any person who fails to file the required oertiflcation shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly, h.J Signed and Printed Name: Title i.I c t bate j L City of Santa Ana RI=1n 16-008 Page A3 -2 25C -20 Appendix ATTACHMENT 3 -3t NON- DI«CRh1MfiINA'p'114DN CERTIFICATION CERTIFICATIONS CONSTRUCTABILIT'Y ItLV[LW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: I. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or term111atiDrl; rates of pay or other forms of compensation; and selection for' training, including apprenticeship, The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2, The Consultant shall, in all solicitations or adveutisenzents for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he /she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of e Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Consultant shall comply with all provisions of [executive Order 11246 of September 24, 1965, and of the stiles, regulations, and relevant orders of the Secretary of Label-. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of Septemher 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6, fu tine event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in pant and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts ill accordance with procedures authorized in Execution Order 11246 of September 241 and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The COIISnitant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of' Executive Order 11 246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the fSel�v14'Y��POWAN➢4SP•iYaK/ CltyctSanta Ana RFP 1G•008 Page A3 -3 25C -21 administering agency may direct as means of enforcing such provisions, including sanctions fat noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, titigation with a sub - consultant or vendor as a result of such direction by the administering agency, the Consultant may request that the united States enter into such litigation to protect the interests of the United States, 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such Persons, except as provided in Section 1420, and any consultant Of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm, Date: Iti. u�- �TF.Gnuw' .. w'- .tea...._ S`'v ^c.YauW.E \'YPLY94S..N c��.. 'TdkY951�YM{= gg6gg, yyN,A�°5� ®4RP Y5_Y•••a.. ..�_.�._yy IFNS:c.:54L1E6'Li^S9 City of Sartta Ana RFP 16.00£i Page A3.4 25C -22 EXHIBIT D ADDITIONAL PROVISIONS 25C -23 Local Assistance Procedures Manual Exhibit 10 -H Cost Proposal EXHIBIT 10 -H COST PROPOSAL (EXAMPLE #1) PAGE I OF 2 ACTUAL COST- PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES) Note: Mark -ups are Not Allowed Consultant KPFF Contract No. DIRECT LABOR Date Classification /Title Name homy Actual Hourly Rate Total Principal Todd Graham $57:70 Principal Ali Khamsi $61.30 Principal Bill Thorpe $61.30 Project Manager Jose Hemnandez $48.46 Senior Technical Specilalist Chris Mansour $52.50 Professional Engineer Casey Rasile $32.31 Design Engineer Amethyst Webb $30.00 Design Engineer Melissa Hilsabeck $27.12 CAD Technician Juan Avila . $24.81 Project Assistant Chelsea Arculem $20.77 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) FRINGE BENEFITS d) Fringe Benefits (Rate 39.44% ) c) TOTAL DIRECT LABOR COSTS I(a) + (b)] $0.00 e) Total Fringe Benefits [(c) x (d)] $0.00 INDIRECT COSTS 0 Overhead (Rate: 87.73% g) Overhead [(c) x (I)] $0.00 h) General and Administrative (Rate:. 0.00% i) Gen & Admin [(c) x (h)] $0.00 j) Total Indirect Costs [(e) + (g) + (i)] $0.00 FEE (Profit) q) (Rate: 30.00% ) k) TOTAL FIXED PROFIT [(c) + (j)] x (q)] $0.00 OTHER DIRECT COSTS (ODC Description Unit(s) Unit Cost Total 1) Travel/Mileage Costs (supported by consultant actual costs) 55 $0.54 $29.70 m) Equipment Rental and Supplies (itemize) _ $0.00 n) Permit Pees (itemize), Plan sheets (each), Test Holes (each), etc. $0.00 o) Subconsultant Costs (attach detailed cost proposal in sane format as prime consultant estimate for each subconsultant) $0.00 NOTES: LPP 15 -01 p) Total Other Direct Costs [(I) + (m) + (n) + (o)] $29.70 TOTAL COST [(c) + (j) + (k) + (p)] $29.70 Employees subject to prevailing wage requirements to be marked with an *. 25C -24 ,January 14, 2015 Local Assistance Procedures Manual Exhibit 10 -H • CDC items should be based on actual costs and supported by historical data and other documentation. • ODC. items that would be considered "tools of the trade" are not reimbursable. • ODC items should be consistently billed directly to all clients, notjust when client will pay for them as a direct cost. • CDC items when incurred for the same purpose, in like circumstances, should not be included in any indirect cost pool or in overhead rate. EXHIBIT 10 -H COST PROPOSAL (EXAMPLE 01) PAGE 2 OF 2 ACTUAL COST - PLUS - FIXED FEE OR LUMP SUM. (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant Contract No. Date 1. Calculate Average Hourly Rate for Ist year of the contract (Direct Labor Subtotal divided by total hours) 1 Calculate estimated hours per year (Multiply estimate % each year by total homy) Direct Labor Subtotal Total Hours Avg Hourly 5 Year Contract (calculated above) (calculated above) per Cost Proposal per Cost Proposal Rate Duration Year 1 50.00% * _ #DIV /01 Year I Avg Hourly Rate 2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) -- Estimated Hours Year 2 Year 3 Avg Hourly Rate Proposed Escalation. _ 0.0 Estimated Hours Year 3 Year I #DIV /01 + 0% — #DIV /01 Year 2 Avg Hourly Rate Year 2 #DIV /01 + 3% _ #DIV /0! Year 3 Avg Hourly Rate Year 3 + _ — 0,0 Year 4 Avg Hourly Rate Year 4 + _ Year 5 Avg Hourly Rate 1 Calculate estimated hours per year (Multiply estimate % each year by total homy) 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Estimated % Total Hours Total Hours (calculated above) (calculated above) Completed Each Year per Cost Proposal per Year $50.00 * 1 Year 1 50.00% * 0.0 = 0,0 Estimated Hours Year I Year 2 50.00 %° * 0.0 _ 0.0 -- Estimated Hours Year 2 Year 3 ° 0.0 _ 0.0 Estimated Hours Year 3 Year 4 .4 0:0 — 0.0 : Estimated Hours Year 4 Year * 0.0 _ 010 Estimated Hours Year 5 Total Total — 0,0 Transfer to Page 1 4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, LPP 15 -01 January 1.4, 2015 25C -25 Avg Hourly Rate Estimated hours (calculated above) (calculated above) Cost per Year Year 1 $50.00 * 1 _ $50.00 - Estimated Hours Year I Year 2 $51.00 2 = $102.00 Estimated Hours Year 2 Year 3 $52.02 3 = $156.06 Estimated Hours Year 3 Year 4 $53:06 * 4 = $212.24 Estimated Hours Year 4 Year 5 $54.12 * 5 = $270.60 Estimated Hours Year 5 Total Direct Labor Cost with Escalation = $790.90 Direct Labor Subtotal before Escalation = $0.00 Estimated total of Direct Labor Salary Increase = $790.90 Transfer to Page 1 NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, LPP 15 -01 January 1.4, 2015 25C -25 0 a W F U e L w u V C h ry O OQ ti W �W z Vl W WO d N �U d WN O Gr] O F @@U C' v W W 0 O N p � f�1 y 0 U v v I I Q x0. o C W W b � c ;n F 0 U 0 h II d 7 0 C O U •C E Q C V 0 h * � W c v p� U .c .G. `v 2 0 O h i- 0 C E b z a C z E a C a L z G F a C 7- T Q � � Z O a O O v O w � G o z v w ii C E b z a C z E a C a L z G F a C 7- T � O C O � N N Nap N N rah M N p Q Q Q Q ¢¢ a Q Q Q x z z 7 z zz z z z z p 0 0 0 0 0 0 0 b 0 0 0 0 0 0 0 0 0 0 9 0 0 0 0 0 o b 0 0 0 0 0 0 0 0 0 0 0 0 0 yl O In C M O M O M O M O 01 O f1 O O1 O M O M C sa a e O O IO O O - O N h fh M It h L o T a d � .� �n v_a �o m e m .o m oo to nb m eo m eo co oe on m � O O Q f1 <O In CO f1 f0 f0 rq M $` M M In m hl nl N N N N N hl N N f� O d W O O N oo O aC b m M R N oPi H N � M S9 fH 69 &3 F ti in hl t1 PI C Q\ rJ m O T crt �1 U _G = v 5 w p a0 L C aft r � c U 0 v c c on • d v v H •,n Q �i W W W F T a z v •o _O — H y G o o' m E c t CJ u u U V 25C -26 w— c m a pG U G � O h u N N W � G � m o p ° c o � EL E y v � 'w N U N 7 d 7 U of � 1p v y v N Y N � = C O O G v � O v v, v � a c C N o u m p a v o v II w 9 C � V � c c z m to vi 0 a C h a 0. J b W V N o A U � o o w U {n z 0 x 0 raj W O W O � Q �oz v iTa xi a Q Fd a z O U G A 0 U 25C -27 W Q z c 06 9 a .'5 s A G A 0 k a a h M Q1 a a � v 3 � . 0 b � b 8 ' Pm H v ro 5 v � w° Q Yy .° '•'3 � Moro aw A HNC H CJ M d' vi ,O h 06 9 a .'5 s A G A 0 k a a h M Q1 a Local Assistance Procedures Manual EXHIBIT 10 -11 Sample Cost Proposal (EXHIBIT 10 -14 SAMPLE COST PROPOSAL (EXAMPLE 43) COST PER UNIT' OF WORT{ CONTRACTS (GEOTECITNICAL AND MATERIAL TESTING) Note: Mark -ups are Not Allowed Consultant KPFF ContraetNo. Date 3 /15/16 Page — of Unit/item of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Hours Hourly Total ($) Billing Rate ($) Professional (Classification) $ 0.00 Sub- piofessional/Tecbnical* $ 0.00 EQUIPMENT (with Operator) OTHER DIRECT COST $ 0.00 Description Unit(s) Unit Cost Mobilization/De- mobilization $ $ 0.00 Supplies /Consutnables (Itemize) $ $ 0,00 Travel /Mileage $ $ 0.00 Report (if applicable) $ $ 0.00 TOTAL COST PER UNIT OF WORT( $ 0.00 NOTES: • Denote labor subject to prevailing wage with asterisk (0). Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates chargcd to all clients (Commercial, Private or Public). Hourly billing rates include hourly wage rate, net fee /profit, indirect cost rate, and actual direct equipment rate. • Mobilization /De- mobilization is based on site location and number and frequency of tests /items, • ODC items should be based on actual costs and supported by historical data and other documentation, • ODC items that would be considered "tools of the made" ure not reimbursable. LPP 15 -01 25C -28 Page 5 of S January 14,201S Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System (EXHIBIT 10 -X CONSULTANT CERTIFICATION OF CONTRACT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If requesting to utilize the Safe Harbor Indirect Cost Rate submit Attachment I of DLA -OB 13 -07 - Safe Harbor Indirect Cost (date far Consultant Contracts found at http: / /lvivw. dot. ca.govAul/LocalProgr(uns/DLA OB/DLA_OB.btnt in lieu of this form.) Certification of Final Indirect Costs: Consultant Firm Name: KPFF Consulting Engineers Indirect Cost Rate: s' for fiscal period *Fiscal period covered for Indirect Cost Rate developed (not the contract period). Local Government: City of Santa Ana Contract Number: Project Number: 1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates for the fiscal period as specified above and to the best of my knowledge and belief: I. All costs included in this proposal to establish final Indiyect Cost Rates are allowable in a accordance with the cost principles of the Federal Acquisition Regulations (FAR) of Title 48, Code of Federal Regulations (CFR), Part 3 t, 2. This proposal does not include any costs which are expressly unallowable under the cost principles of the FAR of 48 CFR, Part 31. All known material ttunsactions or events that have occurred affecting the firm's ownership, organization, and hidirect Cost Rates have been disclosed as of the date of proposal preparation noted above. Certification of Financial Mannement System: I, the undersigned, certify to the best of my latowledge and belief that our Financial Management System meets the standards for financial reporting, accounting records, internal and budget control as set forth in the FAR of Title 49, CFR, Part 18.20 to the extent applicable to Consultant. Certification of Dollar Amount for all A &E Contracts: 1, the undersigned, certify that the approximate dollar amount of all ME contracts awarded by Caltrans or a California local agency to this firm within the last three (3) calendar years for all State DOT and Local Agencies is $ and the number of states in which the firm does business is Certification of Direct Costs: 1, the undersigned, certify to the best of my knowledge and belief that alt direct costs identified on the cost proposals) in this contract are reasonable, allowable and allocable to the contract in accordance with the cost principles of the FAR of Title 48, CFR, Part 31, Allowable direct costs to a Government contract shall be: LPP 15 -01 25C -29 Page I of 2 January 14, 2015 Local Assistance Procedures Manual EXHIBIT 10 -K Consultant Certification of Contract Costs and Financial Management System 1. Compliant with Generally Accepted Accounting Principles (GAAP) and standards promulgated by the Cast Accounting Standards Board (when applicable). 2. Compliant with the terms of the contract and is incurred specifically for the contract, 3. Not prohibited by 23 CFR, Chapter 1, Part 172 — Administration of Engineering and Design Related Service Contracts to the extent requirements are applicable to Consultant. All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files. Subconsultauts (if applicable) Proposed Contract Amount (or amount not to exceed if on -call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amount not to exceed if-on -call contract): $ Prime, list all subconsultants and proposed subcontract dollar amounts (attach additional page if necessary): $ Consultant Certifying (Print Name and Title): II r Name: )i'7 _� C: ____I _e- Title: /�� 5 5 C C) CL'l L_ Consultant Certification Signature * *: Date of Certification (nun/dd/yyyy): Consultant Contact Information: Email: jose.Irernandez@lcpff.com Phone number: (562) 437 -9100 * *An individual executive or financial officer of the consultant's organization at a level no lower than a Vice President or Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the Indirect Cost Rate proposal submitted in conjunction with the contract. Note: Per 23 U.S.0 111(b)(1)(B), SubwnsuRants must comply with the FAR Cost Principles contained in 48 CFR, Port 31. 23 CFR Part 172.3 Definitions slate: Consultant mean the inrlivirhtal or firm providing engineering and design related services as a party to die contract. Therefore, subeonsallaws as parties of a contract tnust complete a certification mid send originals to Ad1 and keep copies M Local Agency Project Piles, DisndUudou: I) original [o Caltrans Audits and Investigations 2) Retained In Local Agency Project Files LPP 15 -01 25C -30 Page 2 of 2 January 14, 2015 Local Assistance Procedures Manual CXHBIT 10 -1 Notice to Proposers DBE Information EXHIBIT 10 -I NOTICE TO PROPOSERs DBE INFORMATION The Agency has established a DBE goal for this Contract of Mo off" OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1. TERMS AS USED IN THIS DOCUMENT o The term "Disadvantaged Business Enterprise" or "DBE" means a for - profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. « The term "Agreement" also means "Contract." • Agency also means the local entity entering into this contact with dre Contractor or Consultant. • The term "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal fiords (See 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"), The Consultant must ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer trust not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use set-vices offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10 -01 Consultant Proposal DBE Commitment must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer must: document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 1C -02 Consultant Contract DBE Information umst be included with the Request for Proposal. Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4. DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CPR, Prue 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following; A. A DBE must be a small business firm defined pursuant to 13 CPR 121 and be certified tivnugh the California Unified Certification Program (CUCP). I,PP 13.01 25C -31 Page I of 3 May 8, 2013 Local'Assistance Procedures Manual EXHBIT l0 -I Notice to Proposers DBE Information B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to docuractit one Ora combination of the following; 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or truckling companies. 3. The proposer, prior to proposing, made adequate good faith efforts to meet the goal. D. A DBE joint venture partner midst be responsible for specific contract items of work or clearly defined portions thereof, Responsibility means actually performing, managing, and supervising the work with its own forces. The DBEjokut venture partner must share in the capital contribution, control, management, risks and profits of the joint venture commensurate with its ownership interest. E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and trust carry out its responsibility by actually perfornn ng, managing and supervising the work. F. The proposer shall list only one subconsultant for each portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid /cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants. 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number 1- 866 -810 -6346 for assistance, B. Access the CUCP database, from the Department of Transportation, Office of Business and Economic Opportunity Web site at: http: / /www.dot.ca.gov /lnq/bep /. I. Click on the link in the left menu titled Disadvcrritaaed Business Enterprise; 2. Click on Search for a DBE Firm lint:; 3. Click on Access to the DBE Query form located on the first line in the center of die page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6, MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE DBE GOAL UNDER TILE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on tine premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased from a DBE regular dealer, count 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept in stock, and regularly sold or leased to the public in tine usual course of business. To be a DBE regular dealer, the firm mast be an established, regular business that engages, as its principal business slid under its own name, in the -- - -� Page 2 of 3 LPP 13 -01 May 8, 2013 25C -32 Local Assistance Procedures Manual LXHBIT 10 -I Notice to Proposers DBE Information purchase and sale or lease of the products in question, A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating or maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long -term lease agreement and not an ad boc or Agreement- by-Agreement basis. Packagers, brokers, rmanufachuers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on thejob site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. LPP 13 -01 25C -33 Page 3 of 3 May 0, 2013 Local Assistance Procedllre6 Manual Exhibit 10 -01 Cmtsultmu Proposal AAE Conandtment EXM]31'1' 10 -01 CONSULTANT PROPOSAL DBE COMAUTMCNT 1. Local Agency: City of Santa Ana 2, Contract DBE Goal: 9% 3. Project Description: Construclabilily Review for Capital Improvement Program 4. Project Locallon: City of Sanla Ana B. Consultant's Name: KPFF 6, Prime Certified DOE: ❑ 7. Description of work, Service, or Materials Supplied 8. DBE Cortiflcatlon 9. DOE Genteel Information 110. DOE °k Number LCI, Inc - Landscape Architectural 39150 (Caltrans) Lynn Capouya (949) 756 -0150 1 Review Services 9% 5093 LA County Metropolitan "Transportation Authority Local Agency to Complete this eeellon 17. Local Agency Contract Number: 11. TOTAL CLAIMED DBE PARTICIPATION 9% 10. Federal -Aid Project Number, 19. Proposed Contract Execution Date: IMPORTANT: Identify all DOE firms being claimed forcrodil, Local Agency carli8es that all DBE carUBoaltons are valid and Information on this form Is complete and accurate, regardless of tier. Written confirmation of each listed DOE is required. 20, Local Agewy Repressn(alWa's Signature 21. Date 12, Preparer's Signature 13, Dale 22. Local Agency Representative's Name 23, Phone 14. Preparer's Name 13. Phone 24. Local Agency Representative's Title 18. Preperel'sTllle, DISTRIBUTION; Odgfnal — Included with consultant's proposal to local agency. ADA Notice; For Indlvldoais eAth sensory disalglNee. Ibis document Is ovalloble in ollomule formats. For role nnolloo call (616) 654 -6410 or TOD (Of 6) 654. 9896 or vrilo Records and Foans Monoaomont, 1126 N Street, M&89, Saaemenle, CA 90614. Page 1 of 2 25C -34 3a' "2''2015 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of 2016 by and between IDS Group, Inc. (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: Constructability Review to ensure that projects are biddable, buildable, cost - effective and maintainable for its Capital Improvement Program on an as needed basis. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed $400,000 in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 3. TERM This Agreement shall commence on the date first written above for a two (2) year term with the option for the City to grant up to a two (1) -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. IDS aroup_AgIt meat Exhibit 2 25C -35 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. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation ofinsured's 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. IDS Group_Agreement 25C -36 Page 2 of 8 C. Worker's Compensation Insurance, In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: L Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and .policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. f If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to firnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim 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. IDS Group_Agmement Page 3 of 8 25C -37 S. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. G]�i7urili � � y Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed, in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11, CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not indirect, which would conflict in any manner with performance of services. specified in Certifications - Exhibit C, attached hereto and incorporated reference. IDS Gronp_Agrcement 25C -38 have interests, direct or Conflict may be further in this Agreement by Page 4 of 8 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities, Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subj ect to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination, In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. IDS Group_ greemeut 25C -39 Page 5 of 8 16. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other 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. 18. PAYMENTS &c INVOICES a. Payment by City shall be made within 45 days (forty -five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum; V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and /or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage ( %) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. c. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IDS aroup_Agreement 25C -40 Page 6 of 8 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax: 714 - 647 -6956 With courtesy copies to: Fred Mousavipour Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M -21) 20 Civic Center Plaza (M -29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647 -5635 Fax: 714- 647 -6515 To Consultant: Said Flilmy Principal IDS Group, Inc. I Peters Canyon Road, Suite 150 Irvine, CA 992606 Fax: 949 -502 -7640 A party may change its address by giving notice in writing to the other party, Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays sball be excluded. IDS Group Agreemeut Page 7 of 8 25C -41 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 Icy: Jos oval Chie sistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA David Cavazos City Manager CONSULTANT: Said Helmy Principal Tax ID# IDS Oroup_Agreement Page 8 of 8 25C -42 EXHIBIT ,A SCOPE OF SERVICES 25C -43 Appendix ATTACIiMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR CONSTRUCTABILITY REVIEW FOR THE PUBLIC WORKS AGENCY CAPITAL IMPROVEMENT PROGRAM RFP NO.: 16 -008 A. DESCRIPTION The City desires to engage a professional consultant(s) to perform constructability review to support delivery of the City's Capital Improvement Program (CIP), while maintaining the highest quality construction standards, and identifying potential risk and cost savings, The City is soliciting proposals to assist in the delivery of an ambitious $80 million CIP over the next five years. Projects may include buildings, bridges, pump and lift stations, park facilities, street pavement, traffic signals, underground utilities improvements. The selected consultant may enter into an agreement with the City to provide constructability review services on an as- needed basis. B. SCOPE OF SERVICES The required services shall include, but not be limited to, the following: 1, Provide pre - design or design stage constructability review necessary to complete the design effort according to the project plans, special provisions, California Building Code (CBC), the Standard Specifications for Public Works Construction ( "Green Book "), Caltrans Standard Specifications and other Federal, State or local specifications. 2. Attend constructability review meeting with City Staff, engineer of record, other team members; and contractors, if required. Consultant shall provide meeting minutes and distribute it to the attendees. 3. The Consultant shall be a registered engineer in the State of California. 4. Provide service for large or complex projects, 5. Provide service for projects with tight construction timeline. 6. Provide service for projects with new method of construction being proposed. 7. Conduct Field review to review the scope of work and identify constructability issues. 8. Deliver a constructability report along the reviewed document to the City. 9. Provide service for Design/Build projects. 10. Provide value engineering as assigned by the City. City of Santa Ana RFP 16 -008 Page Al -1 25C -44 C. CONSULTANT RESPONSIBILITIES Consultant Audit and Review Process: Prior to subject to an audit or review by Caltrans' organizations, or the federal government. D. CITY RESPONSIBILITIES awarding the contract, the selected Consultant shall be Audits or Investigations (A &I), additional state audit 1. Furnish copies construction plans and specifications to the consultant. 2. Furnish other documents or reports related to the project. E. SPECIAL REQUIREMENTS This agreement may be funded, in part, through Federal and Measure M2, therefore requiring compliance with all requirements of Caltrans, OCTA and/or the U.S. Department of Housing and Urban Development, Community Development Block Grant Program and as such is subject to the conditions of the Section 3 Contract Clause. Proposer shall comply with all requirements as they pertain to the use of these finds; refer to Appendix Attachment 5. The following forms in the Appendix (Attachment 5) must be completed in their entirety and submitted with your proposal: • LAPM Exhibit 10 -H: Fee Proposal • LAPM Exhibit 10 -I: Notice to Proposers, DBE Information • LAPM Exhibit 10 -K: Consultant Certification of Contract Costs & Financial management system • LAPM Exhibit 10 -01: Consultant Proposal DBE Commitment IT SHALL BE THE RESPONSPILITY OF THE CONSULTANT TO VERIFY THAT THE LATEST VERSION OF THESE DOCUMENTS IS USED IN THE PROPOSAL. LATEST FORMS CAN BE FOUND CALTANS WEBSITE, CHAPTER 10: www,dot.ra.govlg /LooalPrograms /lam /CHIO.htm If the project will be financed, in part, by federal finds all services rendered shall meet all required federal requirements included in this request for proposal. Consultants are advised that, as required by federal law, the City of Santa Ana is implementing the new Race Conscious Disadvantaged Business Enterprise (DBE) Program. The DBE goal for this agreement is 9 %. Consultants under contract with the City of Santa Ana will provide support to City of Santa Ana staff or their designee on an as- needed basis. The Consultants shall be thoroughly familiar with the Scope of Work prior to submitting a response to this Request for Proposal (RFP). • The Consultant shall perform work to produce a high quality, professional and complete work product. • Consultant must have experience with State and Federal funded projects, All work shall be performed in conformance with all applicable, regulations, policies, procedures and standards. • The Consultant shall carry out the instructions received from the City and shall cooperate with the City and other agencies. • The Consultant has total responsibility for the accuracy and completeness of the work produced. The work. will be reviewed by the City for conformity with the requirements of the Agreement. City of Santa Ana RFP 16 -008 Page Al -2 25C -45 Reviews by the City may NOT include a detailed review for the accuracy of items submitted. The responsibility for accuracy and completeness of such items remains solely that of the Consultant. • The Consultant shall be responsible for coordination and supervision of all work performed by its sub- consultants. The Consultant shall review all work performed by its sub - consultants and the responsibility for accuracy and completeness of work performed remains solely that of Consultant, • The Consultant shall diligently work on each assignment and complete each task in accordance with the schedule and accommodate the City's needs, • The Consultant's work will be subject to inspection and audit by City, County, State and Federal representatives. • Project files including copies of all correspondences, reports, documents, and electronic files shall be submitted to the City when requested and electronically updated monthly. • All work, including reports, analysis, data, and intellectual properties developed during the life of the Agreement shall become the properties of the City. • The Consultant will receive written notification of the award of the contract. Upon on such notification, the Consultant will proceed with the services required by the Agreement. • This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. Consultants are required to inform themselves (ally of the conditions relating to labor under which the work will be performed. In accordance with the California State Labor Code, prevailing wage rates apply per the following link. htt]2://www.dir.ca,goy/public-works/pi.iblic,work-s.html City cf Santa Ana RFP 16 -008 Page Al -3 25C -46 EXHIBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The rates shown on ATTACHMENT 4, FEE PROPOSAL will be used to establish cost for any Task - Orders. 25C -47 Constructability Review for the Public Works Agency Capital Improvement Program AA IDS GROUP 2016 Rate Sheet Principal $175 Associate $165 Senior Project Manager $155 Public Safety /Emergency Response Consultant $155 Project Manager $145 Senior Architect or Engineer $135 Senior Cost Estimator $125 Project Architect or Engineer $125 Designer Architect or Engineer $110 Engineering Designer - BIM $95 Architectural Job Captain I Designer $90 CAD Drafting Engineer I Architect $80 Office Administration $50 Expenses such as, but not limited to, plan check fees, permits, inspections, testing services, title company fees, special delivery charges, plotting/ presentation boards, maps, aerial photographs, and reprographics/ illustrations that may be required for community or other stakeholder presentation, shall be billed to the City of Santa Ana at Consultant's direct cost plus 5 %. i ., . 25C -48 Page 1 Constructability Review for the Public Works Agency Capital Improvement Program N 10 V I S 2016 Rate Sheet Professional services (including portal to portal domestic travel time) performed on an hourly basis will be billed at the following personnel rates. Corporate Principal $200 Principal $172 Senior Associate $155 Associate $140 CADD Technician 1 $130 CADD Technician II $120 Office Administration $85 DIRECT PROJECT EXPENSES; Direct Project Expenses (DPE) shall be billed to the CLIENT in addition to fees for professional scope of services at the multiplier of 1.15% of actual cost. They include, but may not be limited to, production `materials' or expenditures on behalf of the project, including: computer related expenses (ie: plotting and digital transfer items); domestic courier delivery service and postage/ shipping/ overnight delivery; facsimile (outgoing); photography and related supplies; applicable travel expenses (including mileage at the current IRS rate); in- house printing/reproduction; special insurance coverage; and subconsultants not retained by the CLIENT. It'�F�t�T:T1I7 25C -49 Page 2 EXHIBIT C CERTIFICATIONS C -1 through C -3 25C -50 Appendix ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW M -COLLUSION APPID& Yff (Title 23 United Slates Code Section 112 and Public Contract Code Section 7106) To (he CITY OF SANTA ANA DEPAl21'MENTOF PUBLIC WORKS In accordance with Title 23 United States Cade Scedon 112 and Public Contract Code 7106 the BIDDER declares Ihal the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or co pornlion; [lint die bid is genuine and not collusive or sham; Ihnt the BIDDER has trot directly or indirectly induced or solicited any other BIDDER to put in n raise or sham bid, and has not directly or indirectly calluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or (lint anyone shall terrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreemem, communiention, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has 1101, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, nny fee to any corporation, partnership, company association, orgonivaion, bid depository, or to any member or agent thereof to effeclunte a collusive or sham bid. Note: The above Non-collusion Affidavit is part of the Proposal, Signing this Proposal on the signature portion thereof shall also constitute signo(ore of this Non - collusion Affidavit. BIDDERS are cautioned that making a false certification may subjo [he certifier to criminnl prosecution. Signed Store of California County or' Subscribed trod sworn to (or affhnned) before me on this _ _ day of _T, 20__, by proved to the en the basis of satisfactory evidence to be the persons) who appeared before me. Notary Public Signature Notary Public Seal SEE, ATTACHED FOR OT � -- -- - City of Santa Ana RFP 10 -008 Page A3,1 RP 25C -51 1-', Is Miff-l" A notary public or Gift or officer completing this cerlificale verifies only the Identify of the Individual who signed the document towhlah this carllficale Is attached, and net the truthfulness, accuracy, or validity of Thal document, County Of ss Subscribed and sworn to (or affirmed( before me on this � day of � 6169, � , 20 �, by \Ci k9�94A.\\V-A 1-MN_ &A proved to me on the basis of satisfactory evidence to be the persoi who appeared before me, 10911.. NEWMAN A COMM 8 2076418 ORANGE COUNTY Q NOTARY PUBUC•CAIIFORNIA '1411 MY COMM1551ON EXPIRES -" Aipe.28.2Ole Signature of Notary (seal} .......... , ----------------------------- _r ----------- . ........ ., Date of Document Type or Title of Document Number of Pages In Document Document in a Foreign language OPTIONAL INFORMATION �A69,A& 004' ) _ ThumbprintnfSlgner Type of Satisfactory Evidence: ___,_ Personally Known with Paper identification Paper Identification _ Credible Witness(es) Capacity of Signer; _ Trustee Power of Attorney cP_O/CFOICOO President / Vice - President I Secretary / Treasurer Either; Other n check here it no thumbprint or fingerprint Is availaub. 2'QQZI IAMWo M91up I'muwalion, IOU, - I800) 689,845e . www.oastalanoiary coin 25C -52 Appendix ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION —__------ _ - -_ i" ' CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and bclicr, that: l I. No federal approprinted funds have been paid or will be paid, by or on behalf of tho undersigned, to any �i 4 person for influencing or attempting to influence an officer or employee of any federal agency, a Member of i Congress, an officer or employee ofCongress, or an employee of a Member of Congress in connection with n y the awarding of any felon) contract, the ranking of any federal grant, file making of any federal loan, the entering into of any cooperative ngrreement, and the extension, continuation, renewal, amendment, or modification of any federal contact, grant, loan, or cooperative agreement, 2. If any fiords other than federal appropriated funds have been paid or will be pnid to any person for influencing or uflempting to influence any officer or employee of any federal agency, a Member orCongress, an officer or employee of Congress, or an employee of a Member or Congress in connection with Ibis Federal contact, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure ", of Lobbying Activities r 'this certification is a material representation of fact upon which reliance was placed when this lmnsaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Titic 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty ornot less than $10,000 and not more than $100,000 for each such failure, The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly. Pinn IDS Group, Inc. Signed and Printed Name: Said Mary, PhD, SE, LEED AP Title Principal Date March 15, 2016 i I I i - Clly of Santa Ana RFP 16 -006 1 Pago A3 -2 25C -53 Appendix ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the porfonnance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, The Consultant shall lake affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment, 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders or the Secretary of Labor, or pursuant thereto, and will permit access to his /her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Consultant's non - compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1 1246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (I) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by Hiles, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the City of Santa Ana RFP 16 -008 Page AM 25C -54 administering agency may direct as means or enrorcing such provisions, including; sanctions for noncompliance; provided, however, that in the oven( the Consultant becomes involved in, or is threatened with, litigation with a sub - consultant or vondor as a result of such direction by the administering agency, the Consultant may request that the United Slates enter into such litigation to protect the interests of the United States. 8. Pursuant to Catirernin Labor Code Section 1735, as added by Chapter 643 Stats, 1939, and as amended, No discrimination shall be made in the employment of persons upon public works because or race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: s Title: Principal Finn: IDS Group, Inc. Date: March 15, 2016 City of Santa Ana RFP 16 -008 Page A3 -4 25C -55 EXHIBIT D ADDITIONAL PROVISIONS 25C -56 Appendix ATTACHMENT 4 ADDITIONAL PROVISIONS- CALTRANS FORMS Local Assistance Prooedures Manual EXHIBIT 10 -H Sample Cost Proposal EXHIBIT 10 -I3 SAMPLE COST PROPOSAL (EXAMPLE 01) Page l of 2 ACTUAL COST- PLUS -FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGINEEBWO ANb ENVIRONMENTAL S=MS) Nate: Mark -ups me Not Allowed Consultant IDS Group, Inc. Contract No. Date April 11, 2016 DIRECT LABOR Classification/Title Name }Tours Actual Hourly Rate Total Project Manager Said I {11my, PhD, SE, LEED AP $71,63 $71.63 Structural Engineer David Pomerleau, SE in) Equipment Rental and Supplies (itemize) $6L54 $61.54 Structural Engineer Melissa Kubischta, SE 0 $35,10 $35.10 Civil Engineer / Surveyor Peter Gambino, PE, PLS, QSD $66.35 $66.35 Civil Engineer Tejal Gandhi, PE, QSD, QSP 0.00 $35.00 $35.00 Electrical Engineer Robin O'Neil, PE proposal in same format as prime consultant $68,75 $65,75 Electrical Engineer Bob N. Kintner $41.83 $41.83 Mechanical Engineer Bruce Bakishaei, ME, EE, LEED AP, BD +C, CxA $0,00 $57.69 $57.69 Plumbing Alfredo Action, CIPE $41.83 $41.83 Lfl VJA UV313 a) Subtotal Decor Labor Costs $100.00 b) Anticipated Salary Increases (see page 2 for sample) 3% c) TOTAL DIRE, LABOR COSTS ((a) + (b)] $103.00 FRINGE BENEFITS d) Fringo Benefits 1&12; 16.68% ) 0 Overhead (Rate: 49y, ) h) General and Adminisnativo (Rise: 64% ) FEE (Profit) q) (Rate: 10% ) OTHER DIRECT COSTS (ODC) e) TOTAL PRINCE BENEFITS L) Overhead [(c) "(t)] i) Gen & Adrnin [(c) + (h)] j) TOTAL INDIRECT COSTS k) TOTAL NIXED PROFIT [(c) a (d)1 $17,18 $49M $65.92 [(e) +(9) +(i)1 $132.10 [(C) +(1)X(Q)l $23,51 Description Unit(s) Unit Cost Total 1) Travel /Milage Costs (supported by consultant actual costs) 0 $0.00 0.00 in) Equipment Rental and Supplies (itemize) 0 $0,00 0.00 n) Peomi Fees theorize), flan Sheets(eaeh), Test Holes (each), etc. 0 $0.00 0.00 o) Subeonsuitaot Costs (attach detailed cost proposal in same format as prime consultant autumn for each subconsultant) 0 $0,00 0.00 p) TOTAL OTHER DIRECT COSTS [(I) +(m) +(n) -1(a)] $0.00 TOTAL COSTS [(C) +(I) +(K) +(P)] $0.00 NOTES: • Employees subject to prevailing wage requirements to be marked with art's • ODC items should be based on actual costs and supported by historical data and Other documentation • ODC items that would be considered "tools of the trade' are not reimbursable • ODC items should be consistently billed directly to all clients, not just when client will pay for them as n street cost • ODC items when incurred for the sane purpose, in like circumstances, should not be included in any indirect cost pool or In overhead rate 25C -57 Appendix ATTACHMENT d ADDITIONAL PROVISIONS - CALTRANS FORMS Local Assistance Procedures Manual EXHIBIT I0d1 Sample Cost Pmposal EXHIBIT 10-H SAMPLE COST PROPOSAL (EXAMPLE #I) Page 1 of 2 ACTUAL COST -PLUS -FIXED FEE OR LUMP SIN (FIRM FIXED PRICE) CONTRACTS (DESIGN, ENGEARMING AND EWERONMnNTAL STUDIES) Nate: Mark -ups am Not Allowed Consultant NUVIS Contract No. Date April 11, 2016 DIRECTLABOR Classification/Title Nam. Hours Actual Hourly Rate Total Principal In Charge Perry Cardona $55.00 $55.00 LABOR COSTS a) Subtotal Direct Labor Costs b) Anticipated Salary Increases (see page 2 for sample) 0% C) TOTAL DIRECT LABOR COSTS I(a) +(b)I FRINCC BCNEFITS d) Fringe Benefits (Rate: 1 e) TOTAL PRINCE BENEFITS $0.00 [(a) * (d)) $0.00 0 Overhead (Rate: ) g) Overhead [(c) * (1)] h) General and Administrative (Rate: %) i) Gen & Admin [(c) * (h)] $0.00 J) TOTAL INDIRECT COSTS [(c) +(g) +(iA $0.00 PEE (Profit) q) (Rate: 15% IQ TOTAL FIXED PROFIT [(C) +(J)X(Q)l $0.00 OTHER DIRECT COSTS (ODC) Description Unit(s) Unit Cost Total 1) TreveUMinsio Costs (supported by consultant actual roads) 0 $0.00 0100 m) Equipment Rental and Supplies (Itemize) 0 $0.00 0.00 n) Permit Fees (itemize), Plan Sheets (each), Test Holes (each), etc. 0 $0.00 0.00 o) Subconsullant Costs (attach detailed cost proposal in same format as prime consultant estimate for each subconsunanl) 0 $0.00 0.00 p) TO'T'AL OTHER DIRECT COSTS [(I) +(m)I. (n) +(o)] $0.00 TOTAL COSTS [(C) +(7) +(IQ +(P)] $0.00 NO'T'ES: • Employees subject to prevailing wage requirements to be marked with an • ODC items should be based on actual costs and supported by historical data and other documentation • CDC items that would be considered "tools of the trade" are not reimbursable • ODC items should be consistently billed directly to all clients, notjust when client will pay for them as a direct cost • ODC items when Incurred too the same purpose, in like circumstances, should not be included in any indirect cost pool or In overhead rate 25C -58 EXHIBIT 10 -H SAMPLE COST PROPOSAL (EXAMPLE #1) Page 2 of 2 ACTUAL COST - PLUS -FIXED PEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (SAMPLE CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant IDS Group, Inc. Contract No. 1 Calculate Average Hourly Role for tat year of the contract (Direct Labor Subtotal divided by total bows) Date: Direct Labor Total Hours per Avg 5 year Contract Subtotal per Cost Cost Proposal Hourly Duration Proposal Rate Year 1 Avg Hourly Rate 2 Calculate hourly rate for all years (Lacrosse the Average Hourly Rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation Year l $0,00 + 300% _ $0.00 Year $0.00 + 3,00% _ $0.00 Year 3 $0,00 + 3.00% _ $0.00 Year $0.00 + 3100% — $0.00 Direct Labor Subtotal before Escalation = 3 Calculate estimated hours per year (Multiply estimate ° %a each year by total hours) MOO Estimated %Completed Total Hours per Cost Total Flours per Each Year Proposal Year Year 1 0.00% * 0100 Year 2 0.00% * 0.00 = Year 3 0.00% * 0.00 = Year4 0.00% * 0100 = Year 0.00% * 0100 = Total 0.00% 0.00 = 4 Calculate Total Costs including Escalation (Multiply Average Hourly Rate by die number of hours) Avg Hourly Rate Estimated hours Cost per (calculated above) (calculated above) Year Year 1 0.00% * 0.00 — $0,00 Year 0.00% °' 0.00 $0.00 Year 3 0.00 °% * 0.00 = $0.00 Year 0.00% * 0.00 = $0,00 Year 5 0.00% " 0.00 $0.00 Total Direct Labor Cost with Escalation = Direct Labor Subtotal before Escalation = Estimated total of Direct Labor Salary Increase = MOO 0 Transfer to Pago I NOTES: • This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contact, and a breakdown of the labor to be performed each year. • An estimation that is based on direct labor multiplied by salary increase %multiplied by the # of years is not acceptable. (i.e. $250,000 x 2 %x 5 yrs = $25,000 is not an acceptable methodology) • This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 25C -59 N Q U z o aU u� �z� 0 Oa w U az� 0 ac0 o O U F � � H O W W 4 N H .a A z 4 0 o U t"i II W o U s�v 'd A O U S O u� C a x C C F a L d C� + z o � b o O D � + z$ z8 v w q'ipffllill O to •� ro s� O N w�s �a �p o � �p o o 0 4 v 2: aJ w o 49 N g U J7 � b0 � m a w b6 O y� 4 z'w"w° OQw° tlzzzz z`z'z;�`z °o, °o, °o, 0 x�o o e - o 0 O O O O 72�- O O 4 O O sy O1 to M M M O1 M M M A �r � ;A o n o m e W p li m oo w o to 6b9 6b4 f.�i 6�9 6A T O O O O O O O O O O 0 Nv CD N q'ipffllill O to •� ro s� O N w�s �a �p o � �p o o 0 4 v 2: aJ w o 49 N g U J7 � b0 � m a w b6 O y� 4 z'w"w° OQw° tlzzzz z`z'z;�`z 72�- A �r � O Q F, 04 o m M W p q'ipffllill O to •� ro s� O N w�s �a �p o � �p o o 0 4 v 2: aJ w o 49 N g U J7 � b0 � m a w b6 O y� 4 z'w"w° OQw° N yy o� F WF� a1�o�f� Q W °awe Uz �wo 0 .E"r Orman F O U w 0 N Q S C II O c U gd 5q U U 0 ci II z 0 Uf°y o a v zA g� U A z� F 5 C m � .a F m Q + 9 C1 b�A G w � is � g � o U V 9 0 � O •d a5 "d Yro d A ppr,, r+i � b z 0 y A bNq a W x ran Q rr� g 4 e 5 pb "p °o o � a F' o ro 6 .q ,y b F N a 0 ii-21 W L51► -b1 is � Q z � o U V 9 0 � O •d a5 "d Yro d A ppr,, r+i � b z y A bNq a W x ran °o rr� g 5 "p A U 'G a F' o ro L51► -b1 � U � o U V 9 0 � O •d a5 "d Yro d A ppr,, r+i � b y A bNq a W OM C! ran o U O � II "d Yro zcow ppr,, r+i U Qt�H o W U �Wz,o �oa W a � � � W U'Z' C7 � W p+ O � F M V a. A z �pp U 0 I V 25C -62 a a � > � p � o � � o � U b A a � s •S � e � L', '� & y R �7� N to cT V1 i0 h �o 0 OO 4 0 0 0 0 0 S 0 S 0 0 0 0 0 0 0 0 0 0 0 0 Ci 0 0 4 0 k„+ 4fs 64 64 64 43 Vi 64 69 Nf 69 Y3 <f] Ffl 69 U O E" F x� Z8 � � o O Om V A °o °p• °o °o °o oo• g o0 0 a a � po °o � p Ey o 69 0 69 o Vi ci � 0• 44 p 64 o 64 0 64 0 Hi 0 69 0 69 0 69 0 69 0 f/3 O N � z 0 0 U � � Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 t7 O O O O CJ C1 0 U y E`" O H a 0 z A 25C -62 a a � > � p � o � � o � U b A a � s •S � e � L', '� & y R �7� N to cT V1 i0 h �o EXHIBIT 10 -E SAMPLE COST PROPOSAL (EXAMPLE #3) COST PER UNfF OF WORK CONTRACTS (GEOTECHNICAL AND MATERIAL TESTING) Consultant IDS Group, Inc. Contract No. Unit/liem of Work: (Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study) Include as many Items as necessary. DIRECT LABOR Hours Plourly Total (s) Billing Rate ($) Professional (Classification) $0.00 Sub-professional/ Technical* $0.00 EQUIPMENT (with Operator) $0.00 OTHER DIRBCT COST Unis) Unit Cost Description $0.00 $0.00 Mobilization /De- mobilization $0.00 $0.00 Travel /Mileage $0.00 $0.00 Report (if applicable) $0.00 $0.00 TOTAL COST PER UNIT OF WORK $0.00 Date: • Denote labor subject to prevailing wage with asterisic ( *). • Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public). • Hourly billing rates include hourly wage rate, net fee /profit, indirect cost rate, and actual direct equipment rate. • Mobilization/De- mobilization is based on site location and number and frequency of tests /items. • ODC items should be based on actual costs and supported by historical data and other documentation. O ODC items that would be considered "tools of the trade" are not reimbursable. 25C -63 Local dsaislauee Procedures Ninnual EM BIT 16-K Consultant Certification of Coulract #,'Data and sniem. EMUM 14 -K. CONSU41`AN7 CER=, CATIONOV CCliSTMACT C'DS'ES AND FEWNC'L L MAXI== SS'ST8t1 (Note: Tfreifctoroingtorl'dfi thaSaeMorborlxrtrrsrt Cost t &PsubviFtAttacbrttentIof DL,I-t}& 13 -07 -:Safe Harbor Irdirect Cost Rate far Coiisnftant Contracts fmlidat frig:Te4rnnv.darsca. fiats^'b , 2ora 'iPrage•anraiDl„f_t7}3Jd)L�4 - fkli.Irlrn in fiRu of tbft form j CertifleaHon of Final Indirect Costs:. Consultun FirmName: IDS Group,.lnc. Indirect Cost Rate. 134% 'aforfiscalperiod January 1, 2015 -December 31, 2015 'Fiwnl period covered for Indirect Cost Rate developed (not the contract period). Local Government: Contract Number: Project Number: L the undersigned, certify that 1 have reviewed the proposal to establish frail indrect cost rates for the fiacsl period as specified above and to the best of nry'knowledge and belief: 1,. All coats included in this proposal to establish fmal Indirect Cost Rates are allowable in accordance with the coat principles of the Federal Acgtizeibion Regulations (FAR) of Title 48, Corte of Federal Regulations (CFR), Part 3t. 2. This proposal does not include arry costs which axe eiTaressly imalloLwable wider the cost principles of FAR of 48 CM Part 31. All known material transactions or events that have occurred affecting the firm's ownership; organization, and Indirect Cost Rates have been disclosed as of the date of proposal preparation noted above. f ertificallon of Finuucia�l managernent System: I, the undersigned, certify to the best, of my knowledge and belief that our Fhumciial Management System meets the standards for financial reporting, accounting records, intemaul and budget control no set forth in the FAR of Title 49, CFR, Pork 18.20 to the extent applicable to Consultont. Cerfi'fiendon of Dollar Amount for all Ark F Contracts: I, the tmdersigued, certfy That the approximate dollar amotmt of all ME contracts awarded by Cahm s%or a California local agency to fins firm within the last three (3) calendar )wrs for all State DOT and Local Agencies is $ NIA and the number of states in which the fare does business is Gerflfiention of Direct Costs: L the rudersigked, certify to the best ofrny knowledge and belief that all direct costa identified on the cost proposal(s) in this contract are reasonable, allowable and allocable to the contract iu accordance with the cost principles of the FAR of Title 48, M, Put 31. Allowable direct casts to a Government contract shall be: UP 18 -41 City of Santa Ana RFP 16 -008 Page A4 -9 25C -64 Page 1 of 2 Jmman\ 14, 1 O Laml AnIstameep'roeeduraa Manual E7:E MT 10-K Causaltaat Certification of Caulraet Coate anal Pivaadal Management: System 1. Compliant with 0enerallyAccepted Accounting Principles (GAAP) and standards promulgated by the Cast Accounting Statrdarda Bayard (when applicable). 2. Compliant with the terms of the contract and is iuctured specifically for the contraeL 3. Not prohibited by 23 CK Cbapter 1, Part 172 — Administration of Engineering and Design Related Service Confmcts to the extent requirements we applicalsle to Consultant. All casts must be applied comistandy and fairly to all contracts. All documentation of eompltaiicee emit be retained in the project files. Subeonsaltanrs Of applicable) Proposed Contract Amount (or amount not to exceed i fon-call contract): $ Prime Consultants (if applicable) Proposed Total Contract Amount (or amomrt not to exceed if urn -call coutracor $ Prime, list all subconatdtmis and proposed subcontract dollar amounts (attach adalifional page if mcinsary): $ Consultant Cerlifjiug (Print Name and Title): Dame: Said Hllmy, PhD, SE, LEED AP Title: President Consul# M Cert ftcat on Sigashue * *: NOW Date of Certification (mmrdd/yyyy): Apri17, 2016 Consultant Contact information: Email :, said.hilmy@ldsgi.com Phone number:, 949.387.8600 *$An indi ddunl executive or financial officer of the consultant's organizations at a level no lower than a Vice President or Chief Eiuunmal Ciffice€, or equivalent, who has authority to represent the fnanciai informat on utilized to establish the Indirect Cost Rate proposal submitted in conjunction. with the contract. Nate: Per23 rf.ZC: I pan 3P, 23 M Sol 172.311.OWlanns Saa'N: CSM.M.1lmitrnrmislzaa drWMdnal as j rwi }uwr)darr,�.eugikavmlxgmad&dpf MaWsoilev a ap rp m zReaantmcr. 37a¢r3t5an, suhcnturaltmrxeaspmrfrs 4{'a cantrxwzmuslaamptaaces :arJt}fcmaa andseru7or�Gealsaa .;fu°eCnnrdlxrpcupies do daend,dgwecv Pa•4fes1 FY1as. Dtstnbutiam: 114n�ou1 to Caarsaa A•uiaK seal Tea�tlgativ¢s `f} ASt� �,IzrcztAg�rl�lett Fly page 1 nr3 UP 10 -01 January 14, 1019 City of Santa Ana RFP 16 -008 Page A4 -10 25C -65 Local Assistance Procedures Manual EXU1131T 10 -1 Notice to Proposers DBE Information EXHIBIT 10 -I NoTICE To PROPOSER5 DBE INFORMATION The Agency has established a DBE goal for this Contract of 9.00 % OR The Agency has not established a goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. 1, TERMS AS USED IN TIIIS DOCUMENT o The term "Disadvantaged Business Enterprise" or "DBE" means a for- profit small business concern owned and controlled by a socially and economically disadvantaged person(s) as defined in Title 49, Code of Federal Regulations (CFR), Part 26.5. The term "Agreement" also means "Contract." o Agency also means the local entity entering into this contract with the Contractor or Consultant. ® The terin "Small Business" or "SB" is as defined in 49 CFR 26.65. 2. AUTHORITY AND RESPONSIBILITY A. DBEs and other small businesses are strongly encouraged to participate in the performance of Contracts financed in whole or in part with federal funds (See 49 CFR 26, `Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure (list DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance, The proposer must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs. 3. SUBMISSION OF DBE INFORMATION If there is a DBE goal on the contract, Exhibit 10 -01 Consultant Proposal DBE Cmronitmerd must be included in the Request for Proposal. In order for a proposer to be considered responsible and responsive, the proposer must make good faith efforts to meet the goal established for the contract. If the goal is not met, the proposer mast document adequate good faith efforts. All DBE participation will be counted towards the contract goal; therefore, all DBE participation shall be collected and reported. Exhibit 10 -02 Conscdtani Contract DBE Information must be included with the Request for Proposal, Even if no DBE participation will be reported, the successful proposer must execute and return the form. 4, DBE PARTICIPATION GENERAL INFORMATION It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR, Part 26, and the Department's DBE program developed pursuant to the regulations. Particular attention is directed to the following; A A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the California Unified Certification Program (CUCP). LPP 13 -01 25C -66 Page I of 3 May 8, 2013 Local Assistance Procedures Manual GXHBIT (0 -1 Notice to Proposers DBE Information B. A certified DBE may participate as a prime consultant, subconsultant, joint venture partner, as a vendor of material or supplies, or as a trucking company. C. A DBE proposer not proposing as a joint venture with a non -DBE, will be required to document one or a combination of the following: 1. The proposer is a DBE and will meet the goal by performing work with its own forces. 2. The proposer will meet the goal through work performed by DBE subconsultants, suppliers or tucking companies. 3. The proposer, prior to proposing, made adequate good Faith efforts to meet the goal. D. A DBE joint venture partner trust be responsible for specific contract items of work or clearly defined portions thereof. Responsibility means actually performing, managing, and supervising the work with its own forces. The DBE joint venture partner must share in the capital contribution, control, management, risks and profits of thejoint venture commensurate with its ownership interest. E, A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is, a DBE firm must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing and supervising the work. F. The proposer shall list only one subconsultant for cacti portion of work as defined in their proposal and all DBE subconsultants should be listed in the bid /cost proposal list of subconsultants. G. A prime consultant who is a certified DBE is eligible to claim all of the work in the Contract toward the DBE participation except that portion of the work to be performed by non -DBE subconsultants, 5. RESOURCES A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP. If you believe a firm is certified that cannot be located on the database, please contact the Caltrans Office of Certification toll free number I- 866 -810 -6346 for assistance. B. Access the CUCP database from the Department of Transportation, Office of Business and Economic Opportunity Web site at: littp : //hvww.dot.ca.gov /ltq/bep /. L Click on the link in the left menu titled Disadvcinta ,-ed Business Enterprise; 2. Click on Search for a DBE Firm link; 3. Click on Access to the DBE Ouery Form located on the first line in the center of the page. Searches can be performed by one or more criteria. Follow instructions on the screen. 6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS THE ❑BE GOAL UNDER THE FOLLOWING CONDITIONS: A. If the materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies. A DBE manufacturer is a firm that operates or maintains a factory, or establishment that produces on the premises the materials, supplies, articles, or equipment required under the Contract and of the general character described by the specifications. B. If the materials or supplies purchased fiom a DBE regular dealer, cant 60 percent of the cost of the materials or supplies. A DBE regular dealer is a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the specifications and required under the Contract are bought, kept ill stock, and regularly sold or leased to the public in the usual course of business. To be a DBE regular dealer, the firm nuut be sn established, regular business that engages, as its principal business and under its own name, in [lie LPP 13 -01 25C -67 Page 2 ol'3 May 8, 2013 Local Assistance Procedures Manual LXH BIT 10 -I Notice to Proposers DBE Information purchase and sale or lease of the products in question. A person may be a DBE regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt without owning, operating cr maintaining a place of business provided in this section. C. If the person both owns and operates distribution equipment for the products, any supplementing of regular dealers' own distribution equipment shall be, by a long -term lease agreement and not an ad hoc or Agreement -by- Agreement basis. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions are not DBE regular dealers within the meaning of this section. D. Materials or supplies purchased from a DBE, which is neither a manufacturer nor a regular dealer, will be limited to the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, or fees or transportation charges for the delivery of materials or supplies required on the job site, provided the fees are reasonable and not excessive as compared with fees charged for similar services. LPP 13 -01 25C -68 Page 3 o1'3 61ay 8, 2013 Local slsaistouca Procedures Afanval Exldbit 10 -01 Couiullant Propusnl D3E Commitmaut 1, LDoal A.geriW, 3. Fmjent BescrfpHos: 4. Pm]ect Locatim; _ 5.. Cansuhanrs Name E)= XT 10 -01 CO;dSULTANf P1ZtiE°td'aetii,,I1Fi'E C'OAMOT#1EN1 2. Contract DBE CW: 9, Prime CethfiedODE- C 7. Desm"on of � 9eemAw. or lelatarials 9. DBE Certification NurrW 9. BBE Cantaatln(omralon 10. DOE V. Landscape Architect 6324 Los Angeles County Metro Transportation Authorit MTA goo One Gateway Plaza Los Angeles, CA 90012.0000 Focal lei -yfo COmpR$a this Seottun _...... 17. Loost Agency Cmdract pwmbw 16, Federa6W Prefect Nuudrv: i1..TOTRL CLAIMED BBE PARTICIPATION go /H 55 tB. Proposed Conhact Eyectfan Cfafe: IMPCRWIT- Identify all CBE firms being claimed far credit, Lcoal Agensyoerd%s that a7 BABE. aertiiDdbra are wild and Information an this ferm IsecmPleus mid acaurate. regardless of tiv. Wfitten confiraraft of each dCBEs required. �„,,,, April 7, 201B 20.laal.Agenoy aepreeenrativek algnH7uee P1. Rate 1CzL.Pke+g 11 ulumium 1&, Cale M. Loa Agency e - a u*�ne anima- Said Hilmy PhD SE LEEDAP 949.387.8500 7T. repsre s amp a . vnwe Princi al 24. Laca3 Agunay f#aprasrudateMee ie 6.Plrapaae sTjde DISTRIBUT101 %L Crlginal- Included rdth amsultanrs pmpasalto local agaaay. ACANObar ForincWldUA6VA0 WSM dISJUMes.tris oocnnent is Naive it alomm %cm'e':... For kccemehm uil lsl8)6S't-641borTOpt5teJ95k- BaarxaSeReLUa &ana FCm'b h! 3t�nent. 1120 NML !67.99, 1°Yr anR;nt0. C144 ib. Page 101`2 3u1S' -3r :w City of Santa Ana RFP 16 -008 Page A4 -11 25C -69 Y AA b qa m 'd d N N G M a� hj l ,A �11I� M �j p ci ✓' mmrfi"' :'i�i,�y 173wt� ��:' '�r,�tNN';!.r..., �„r�nl a D H t52n 1 1 p r ! t W p,. M o .�J' .'"o-' 4 i " 4 I Y" W ✓ AR r All Br y Wq d IRC '9lid O y v° `Ip m w Q� :Zi d o d d U rq LL L a O .—q 2,5.C._70 _........._. REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: MEMORANDUM OF UNDERSTANDING WITH MANDATED PARTNERS AND COUNTY OF ORANGE — WORKFORCE INNOVATION AND OPPORTUNITY ACT (STRATEGIC PLAN NO 2,4) CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize the Mayor, City Manager and Clerk of the Council to execute a Memorandum of Undersanding with the Santa Ana Workforce Development Board and America's Job Center of California Partner to establish a cooperative working relationship between the parties and to define respective roles and responsibilities, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Authorize the Mayor and City Attorney to execute the Memorandum of Understanding with the County of Orange in partnership with the Orange County Development Board, the Orange County Social Services Agency and the Orange County Sheriff's Department Second Chance Act grant program, subject to non - substantive changes approved by the City Manager and City Attorney WORKFORCE DEVELOPMENT BOARD RECOMMENDATION At its Special Meeting of May 25, 2016 by a vote of 9:0 (Absent: Davila, Didion, Elliott, McMurtray, Piwnica, Ruiz, Wadhera; Abstain: Alegre, Claudio, Martinez, Nishimoto, Ray), the Workforce Development Board recommended that the City Council: 1. Approve the Workforce Innovation and Opportunity Act mandated partner Memorandum of Understanding and authorize the Board Chair to sign; 2. Approve the Memorandum of Understanding between the County of Orange in partnership with the Orange County Development Board, the Orange County Social Services Agency and the Orange County Sheriffs Department Second Chance program and authorize the 25D -1 Memorandum of Understanding with Mandated Partners and County of Orange June 7, 2016 Board Chair to sign; 3. Approve both Memorandum of Understandings as required under the Workforce Innovation and Opportunity Act and authorize the Mayor and City Manager to sign. DISCUSSION The federal Workforce Innovation and Opportunity Act (WIOA) was signed into law on July 22, 2014 replacing the Workforce Investment Act of 1998 (WIA). Initial implementation of the new legislation began July 1, 2015 with full implementation required July 1, 2017. As part of the transition from WIA to WIOA, the City requested and the Governor approved initial designation as a Local Workforce Development Area for the two year implementation period. This initial designation recognizes the time needed to transition the Workforce Investment Board (WIB) to a Workforce Development Board (WDB) and build the foundation to implement WIOA. WIOA mandates that certain federal, state and local agencies formally partner with the local WIB's/WDB's to align investments in workforce, education and economic development with regional in- demand industries. Local workforce boards, with the agreement of the local elected body, are responsible for developing a (MOU) with each of the American's Job Center of California partners. The law envisions that the local board will act as both the convener of the MOU negotiations as well as the shaper of how One Stop services are delivered within the local area. The State Employment Development Department, Workforce Services Agency has issued guidance on the development of the MOUss through directive WSD15 -12. The State is asking that the MOUs be developed in two phases. Phase I requires local boards to work with the required partners in their local area to develop an agreement regarding the operation of the local One Stop system as it relates to shared services and customers, and to have the MOUs in place by June 30, 2016. Phase II requires local boards to build upon the initial MOU and determine how to best support the established service delivery model through the sharing of resources and expenses associated in the operations of a One -Stop Center. This phase is expected to be completed by December 31, 2017. The mandated programs and services that require MOUS are as follows: Program Organization WIOA Title I — Adult, Dislocated Worker and Youth City of Santa Ana WORK Center WIOA Title II — Adult Education and Literacy Rancho Santiago Community College WIOA Wagner - Peyser, Veterans, Trade Adjustment Assistance Act California Employment Development Department 25D -2 Memorandum of Understanding with Mandated Partners and County of Orange June 7, 2016 WIOA Title IV Vocational Rehabilitation California Department of Rehabilitation Carl Perkins Career Technical Education Santa Ana Unified School District Title V Older Americans Act SER — Jobs for Progress Job Corps Long Beach Job Corps Native American Programs — Section 166 Southern California Indian Center Community Services Block Grant Community Action Partnership of OC Housing and Urban Development City of Santa Ana Housing Authority Unemployment Compensation (UI) California Employment Development Department Second Chance Orange County Sheriff's Department Temporary Assistance for Needy Families /CalWORKS Orange County Social Services Agency City staff developed the MOU boilerplate language and are in the process finalizing the exhibits with the mandated organizations (Exhibit 1). Due to time constraints, the Orange County Social Services Agency and the Orange County Sheriff's Department have requested a joint MOU to expedite the County's administrative process (Exhibit 2). The State has encouraged use of regional joint MOUs when appropriate. Both MOUs meet the Phase I requirement. Staff recommends City Council's approval of both MOUs. STRATEGIC PLAN ALIGNMENT Approval assists the City in meeting Goal #2 Youth, Education, Recreation, Objective #4 (Partner with groups and organization to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT There is no fiscal impact associated with this action. Robert C. Cortez Special Assistant to the City Manager City Manager's Office RC /DS /If /sb Exhibits: 1. Santa Ana Workforce Development Board Memorandum of Understanding 2. Memorandum of Understanging between the County of Orange in Partnership with OC Development Board and Orange County Social Services Agency and the Orange County Sheriff's Department Second Chance Act 25D -3 25D -4 lim Santa Ana Workforce Development Board AJCC Partner: Memorandum of Understanding (MOU) Pursuant to the Wor %force Innovation Opportunity Act of'2014 (WIOA) A. PARTIES The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Development Board (WDB), and (AJCC Partner), B. PURPOSE The Workforce innovation and Opportunity Act (WIOA) requires that a MOU be developed and executed between the Local Board and the American's Job Center of California (AJCC) partners to establish an agreement concerning the operations of the AJCC delivery system, The purpose of the MOU, is to establish a cooperative working relationship between the parties and to define their respective roles and responsibilities in achieving the policy objectives. It serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services. California's one -stop delivery system, the AJCC, is a locally - driven system which develops partnerships and provides programs and services to achieve three main policy objectives established by the California Workforce Development Strategic Flan, which includes the following: 1, Foster demand - driven skills attainment 2. Enable upward mobility for all Californians 3, Align, coordinate, and integrate programs and services These objectives will be accomplished by ensuring access to high - quality AJCC that provide the full range of services available in the community for all customers seeking the following: 1. Looking to find a job. 2. Building basic educational or occupational skills. 3. Earning a postsecondary certificate or degree. 4. Obtaining guidance on how to make career choices, 5. Seeking to identify and hire skilled workers, C. LOCAL /REGIONAL VISION STATEMENT, MISSION STATEMENT, AND GOALS Santa Ana's vision rests on integrating current and future resources through its WDB partners. Integration suggests more than partnering or assembling multiple funding sources. It means making certain that all elements of the workforce support system work together to create synergy for its target populations by offering inviting and seamless services, wherever a client enters the system. Santa Ana's vision also embraces the future, as all visions should. It spawns new .industries and clusters and changes old ones. It generates fresh workforce opportunities in the process. The Santa 25D -6 Ana WDB's strategic plan rests not only on strengths of its current industrial base, but also the demands of emerging business and economic trends, Finally, Santa Ana's vision is sensitive to the needs of its unique demographics and regional mix. As a major supplier of workforce for surrounding communities, Santa Ana is firmly embedded in its regional and cluster matrix. Santa Ana's implementation of the vision entails enhancing business and supports social and educational services and access to them, mostly though not exclusively through its WORK Center and WDB, An effective efficient administration is necessary to deliver the services that make each of these strategies effective. The Santa Ana WDB's overall strategies: 1. Identify regional clusters most likely to create new jobs in which. Santa Ana's workforce can participate and the foundational requirements of such jobs; 2. Expand small business development support as a creator of new jobs and method for growing the local tax base; 3. Educate Santa Ana's current and future workforce through classroom pre - training and training activities, plus on- the -job training and workforce skill enhancement activities; 4. Offer career pathway programs for both unemployed and employed adults and youth; S, Increase access to jobs for disconnected and underserved populations, especially youth; 6. Organize, integrate and support, social and other services through the WDB's network of partnerships, volunteer organizations, and established institutional resources; and 7, Assure funding from all public, private, and other sources in support: of its programs. D. ONE -STOP SYSTEM, SERVICES The AJCC, through its central location at the Santa. Ana Regional Transportation Center (hereinafter referred to as the Santa Ana W /0 /R/K Center), 1000 E. Santa Ana Blvd„ and its satellite facilities, shall provide and /or coordinate WIOA services to individuals, providing them with the necessary skills to participato in building a world -class workforce in Santa Ana, In January of 1996, the Santa Ana W /O /R/K Center opened its doors as the first universal access One -Stop in the County of Orange designed to meet the employment placement assistance and training needs of the community through workforce and economic development. The W /O /R/K Center offers the community a variety of informational, employment and training services based on individual needs. Those needs are met by the combined efforts of the W /O /R/K Center partners which include the Employment Development. Department (EDD), Orange County Social. Services Agency (SSA), Rancho Santiago Community College District (RSCCD), State Department of Rehabilitation, Boys & Girls Club of Santa Ana, City of Santa Ana Economic Development Department, and several other agencies. The W /O /R /K Center is located in the city of Santa Ana which ranks as the fourth densest city in the entire nation. Santa Ana's workforce faces unique challenges based on its population 'base, its industrial growth, and its economic position. Santa -Ana is the second oldest and second most populous incorporated city in Orange County compared to Anaheim, and its median household income ranks nearly the same, near the 'bottom of incorporated Orange County cities. However, fruitful comparison ends here. In racial and ethnic composition, Santa Ana's population is over 100% more Latino, and nearly 50% less Asian American and African American. Far more of Santa Ana's 25D -7 residents speak Spanish at home as their primary or additional language, Santa Ana also is a particularly young population, with almost a quarter more of its population under 18 than the state norm. Add to this an exceptionally high drop -out rate for local schools. These issues create a unique favor for Santa Ana the city, They impact almost every element of work and work preparedness, including their underlying education, youth culture, industry distribution, and other drivers. The AJCC, through its central location at the Santa Ana Regional Transportation Center, 1000 E. Santa Ana Blvd„ and its satellite facilities, shall provide and /or coordinate WIOA services to individuals, providing them with the necessary skills to participate in building a world -class workforce in Santa Ana. Services and referrals provided at the Santa.Ana W /O /R/K Center may include, but are not limited to, the following: Basic Career Services: 1, Eligibility Determination 2. Outreach, intake, and orientation to information and services 3. Initial assessment of skill levels including 'literacy, numeracy, and English proficiency; and aptitudes, abilities and support service needs 4. .Labor exchange services - Job Search and placement assistance and career counseling including Info on in- demand industry sectors and occupations Info on nontraditional employment, S. Recruitment and other business services on behalf of employers 6. Provision of referrals to coordination of activities with other services including those within the one stop and other workforce development programs 7. Provision of workforce and labor market employment statistics info including: a) Job vacancy listings in labor market areas b) hifo on job skills needed to obtain the vacant jobs c) Info relating to in- demand occupations including earnings, and opportunities for advancement 8. Provision of performance and program cost info on the ETPL eligible programs by program, and type of provider 9. Provision of info in understandable formats and languages about performance against performance accountability measures 10, Provision of regarding support services 11. Provision of info and assistance in filing UI claims 12. Assistance in establishing eligibility for programs of financial aid assistants for training and education programs not Waded through WIOA Indlviduaiized Career Services: I. Comprehensive and specialized assessment of skill levels and service needs including: I. Diagnostic testing and other assessment tools 2. In -depth interview and evaluation to determine barriers and goals 2. Development of IEP to identify goals, objectives, and services 3. Group Counseling 4. Individual Counseling S. Career Planning 6, Short -term pre - vocational services including development of learning skills, communication skills and other soft skills to prepare individuals for employment or training 4 25D -8 7, Internships and work experiences that are linked to careers 8. Workforce preparation activities including basic academic and obtaining other skills necessary for successful transition into postsecondary education, training or employment 9. Financial literacy services 10. Out-of-area job search assistance and relocation assistance I 1, English language acquisition and integrated education and training program Training Services: 1, Occupational skills training 2. On-the -Job training 3. Incumbent worker training 4. Programs that combine workplace training with related instruction, which may include cooperative education programs S. Training programs operated by the private sector 6. Skill upgrading and retraining 7. Entrepreneurial training programs 8. Transitional jobs 9. Job readiness training provided in combination with any of the aforementioned training Services. 1.0. Adult education and literacy activities, including activities of English language acquisition, and integrated education and training programs provided concurrently or in combination with any of the aforementioned training services, 11, Customized training The AJCC Partner Service Matrix is attached hereto as Exhibit A and incorporated herein by this reference. E. RESPONSIBILITY OF AJCC PARTNERS The AJCC partner agrees to the responsibilities required of all partners under WIOA Section 121(b), In addition, to participate in joint planning, plan development, and modification of activities to accomplish the following; 1. Continuous partnership building, 2. Continuous planning in response to state and federal requirements, 3. liesponsiveness to local and economic conditions, including employer needs. 4. Adherence to common data collection and reporting needs, Make the applicable service(s) applicable to the partner program available to customers through the one -stop delivery system, Participate in capacity building and staff development activities in order to ensure that all partners and staff are adequately cross- trained Participate in the operation of the one -stop system, consistent with the terms of the MOU and requirements of authorized laws. The Santa Ana AJCC Partner Services is attached hereto as Exhibit B and incorporated herein by this reference. 25D -9 T. CROSS REFERRALS The America's Job Center of California Partners referral process will ensure their referral process do the following: 1. Intake and referral processes arc customer-centered with the intent to provide high quality customer service. 2. Ensure that general, information regarding AJCC programs, services, activities and resources shall be made available to all customers as appropriate. 3. Will be made electronically, through traditional correspondence, verbally or through other means determined in cooperation with partners and operators. 4. Will provide a direct link or access to other AJCC partner staff that can provide meaningful information or service, through the use of co- location, cross training of AJCC staff, or real -tine technology (two way communication and interaction with AJCC ,partners that results in services needed by the customer). Referral process will include specific staff name, the activity required, desired outcome and a method for communicating back to the referring agency that the service was addressed. G. ACCESS FOR INDIVIDUALS WITH BARRIERS TO EMPLOYMENT All parties' commitment to offer priority for services to recipients of public assistance, other low - income individuals, or individuals who are basic skills deficient when providing individualized career services and training services with WIOA adult funds. WIOA provides a focus on serving "individuals with barriers to employment," defined in WIOA section 3(24) and seeks to ensure access to these populations on a priority basis. Individuals with barriers to employment" is defined as a member of for more of the following populations: 1) Displace homemakers. 2) Low - income individuals. 3) Indians, Alaska Natives, and Native Hawaiians 4) Individuals with disabilities, including youth who are individuals with disabilities. 5) Older individuals. 6) Ex- offenders, 7) Homeless individuals, or homeless children and youths. 8) 'Youth who are in or have aged out of the foster care system. 9) Individuals who are English language learners, individuals who have low levels ofliteracy, and individuals facing substantial cultural banters. 10) Eligible migrant and seasonal farmworkers. 11) Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act. 12) Single parents including single pregnant women. 13) Long -term unemployed individuals, 14) Such other groups as the Governor involved determines to have barriers to employment. Section 1340(3)(E) of WIOA establishes a priority requirement with respect to fiords allocated to a local areas for adult employment and training activities. Under this section, one -stop center staff responsible for these funds must give priority to recipients of public assistance, other low - income 25D -10 individuals, and individuals who are basic skills deficient in the provision of individualized career services, Priority must be provided in the following order: 1) To veterans and eligible spouses who are also included in the groups given statutory priority for WIOA adult formula funds. This means that veterans and eligible spouses who are also recipients of public assistance, other low - income individuals, or individuals who are basic skills deficient would receive first priority for services provided with WIOA adult formula funds. 2) To non- covered persons (that is, individuals who are not veterans or eligible spouses) who are included in the groups given priority for WIOA adult formula funds. 3) To veterans and eligible spouses who are not included in WIOA's priority groups. 4) To non - covered persons outside the groups given priority under WIOA. See AJCC System Map that identifies the location of the AJCC and its affiliates. The AJCC System Map is attached hereto as Exhibit C and incorporated herein by this reference. H. SHARED TECHNOLOGY AND SYSTEM SECURITY WIOA emphasizes technology as a critical too] for making all aspects of information exchange possible, including client trucking, common case management, reporting, and data collection. To support the use of these tools, each AJCC Partner agrees to the following: I, Comply with the applicable provisions of W10A, Welfare and Institutions Code, California Education Code, Rehabilitation Act, and any other appropriate statutes or requirements. 2. The principles of common reporting and shared information through electronic mechanisms, including shared technology, 3. Commit to share information to the greatest extent allowable under their governing legislation and confidentiality requirements. 4. 'Maintain all records of the AJCC customers or partners (e.g. applications, eligibility and referral records, or any other individual records related to services provided under this MOU) in the strictest confidence, and use them solely for purposes directly related to such services. 5. Develop technological enhancements that allow interfaces of common information needs, as appropriate. 6. Understand that system security provisions shall be, agreed upon by all partners. I. CONFIDENTIALITY: The WDB agrees that when any 'individual applies for or receives services from the partner agency through the Arnerica's Job Center of California Center, all information regarding such application for or receipt of services shall be confidential information subject to the WIOA provisions. The parties agree to honor the confidentiality provisions as described in the local WIOA plan, including modifications thereto, and incorporated into this MOU by reference, Exchanged information shall remain private and confidential in accordance with the most restrictive confidentiality requirements of any of the parties collecting, receiving or sharing information, The AJCC Partner agrees to comply with the provisions of WIOA as well as the applicable sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation Act, and any other appropriate statute or requirement to assure the following: 25D -11 All applications and individual records related to services provided under this MOU, including eligibility for services and enrollment and referral, shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery of such services. 2. No person will publish, disclose use, or permit, cause to be published, disclosed or used, array confidential information pertaining to AJCC applicants, participants, or customers overall unless a specific release is voluntarily signed by the participant or customer, The AJCC partner agrees to abide by the current confidentiality provisions of the respective statutes to which AJCC operators and other AJCC partners must adhere, and shall share information necessary for the administration of the program as allowed. tinder law and regulation. The AJCC partner, therefore, agrees to share client information necessary for the provision of services such as assessment, universal intake, program or training referral, job development or placement activities, and other services as needed for employment or program support purposes. 4, Client information shall be shared solely for the purpose of enrollment, referral or provision of services. In carrying out their respective responsibilities, each party shall respect and abide by the confidentiality policies of the other parties. J. FUNDING OF SERVICES AND OPERATION COST It is expressly understood that this MOU does not constitute a binding financial commitment, but rather an intent to commit specific resources in the fixture as the parties' allocations and budgets are known and the America's Job Center of California system evolves. For those partners that will require a cost sharing agreement, cost will be based on proportionate use and agreed upon methodology as applicable. This is to be determined. during phase II of the MOU which should be completed by December 31, 2017. AJCC partners with shared costs will be reviewed yearly and may be modified as needed by any partner as long as it is identified as a revision, and it is signed and dated by the applicable parties. IC. NON - DISCRIMINATION AND EQUAL OPPORTUNITY The AJCC partner shall not unlawfully discriminatc, harass or allow harassment against any employee, applicant for employment or AJCC applicant due to gender, race, color, ancestry, religion, national origin, veteran status, physical disability, mental disability, medical conditinn(s), age, sexual orientation or marital status. The AJCC partner agrees to comply with the provisions of the Fair Employment and Rousing Act (Government Code Section 12990) and related, applicable regulations. The AJCC partner will assure compliance with the Americans with Disabilities Act of 1990 and its amendments, which prohibits discrimination on the basis of disability, as well as other applicable regulations and guidelines issued pursuant to the Americans with Disabilities Act. L. GRIEVANCES AND COMPLAINTS PROCEDURE The AJCC partner agrees to establish and maintain a procedure for grievance and complaints as outlined in WIOA. The process for handling grievances and complaints is applicable to customers and partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The partner further agrees to communicate openly and directly to resolve any problems or disputes related 25D -12 to the provision of services in a cooperative manner and at the lowest level of intervention possible M. AMERICAN'S WITH DISABIILITIES ACT AND AMENDMENTS COMPLIANCE The AJCC partner agrees to ensure that the policies and procedures as well as the programs and services provided at the AJCC are in compliance with the Americans with Disabilities Act and its amendments, Additionally, partners agree to fully comply with the provisions of W10A, Title "VII of the civil Rights act of 1964, the Age Decimation Act of 1975, Title IX of the Education Amendments of 1972, 29 CRP Part 37 and all other regulations implementing the aforementioned laws, The WDB and the America's Job Center of California partners will ensure that policies and procedures established by the WDB and the America's Job Center of California partners are in compliance with the Americans with Disabilities Act (ADA). N. DURATION This MOU shall become effective July 1, 2016 and terminate June 30, 2019, The term of this MOU shall be three years. The MOU will, be reviewed not less than once every three years to identify any substantial changes that have occurred. This MOU will remain in effect until (i) terminated by the repeal of the Wo cforce Investment Act or otherwise by action of law, or (ii) with respect to the America's Job Center of California Partner, the date on. which such America's Job Center of California partner withdraws fiom the MOU pursuant to Section 3 (o) hereof, Should any America's Job Center of California Partner withdraw, this MOU shall remain in effect with respect to other remaining America's Job Center of California Partners. This MOU is of no force or effect until signed by authorized representatives of the participating agencies, and approved by the Chief Local Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIOA Plan. Any party may withdraw from this MOU by giving written notice of intent to withdraw at least 30 calendar days in advance of the effective withdrawal date. If agreed to by all parties, the tim,efrarnes for notice may be reduced or extended. Notice of withdrawal shall be given to the WDB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties ,pursuant to Section 1. Courtesy notification shall be made to all parties of this MOU in a timely manner, O. MODIFICATIONS AND REVISIONS This MOU constitutes the entire agreement between the parties and no oral understanding not incorporated herein shall be binding on any of the parties hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the parties, by the issuance of a written amendment, signed and dated by the parties. Assigrunent of responsibilities under this MOU by any of the parties shall be effective upon written notice to the WDB. Any assignee shall also commit in writing to the terns of this MOU. P. TERMINATION The parties understand that implementation of the AJCC system is dependent on the good faith effort of every partner to work together to improve services to the eornnmuuity. The parties also agree that this is a project where different ways of working together and providing services are being tried. In the event that it becomes necessary for one or more parties to cease being a part of this this MOU, said entity shall notify the other ,parties, in waiting, 30 days in advance of that intention. 25D -13 Q. ADMINISTRATIVE AND OPERATIONS MANAGEMENT SECTIONS 1. License for Use During the term of this MOU, all partners to this MOU shall have a license to use all of the space of the AJCCs for the sole purpose of conducting acceptable AJCC services as outlined herein. 2. Supervision /Day to Day Operations 'The day -to -day supervision of staff assigned to the AJCCs will be the responsibility of the site supervisor(s). The original employer of staff assigned to the AJCCs will continue to set the priorities of its staff. Any change in work assignments or any problems at the worksite will be handled by the site supervisor(s) and the management of the original employer. The office hours for the staff at the AJCCs will be established by the site suporvisor(s) and the primary employer. All staff will comply with the holiday schedule of their primary employer and will provide a copy of their holiday schedule to the operator and host agency at the beginning of each fiscal year. Disciplinary actions may result in removal of co- located staff from the AJCCs and each party will take appropriate action. Each party shall be solely liable aid responsible for providing to, or on behalf of its employee(s), all legally-required employee benefits. In addition, each. party shall be solely responsive and save all other parties harmless from all matters relating to payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters. 3. Disputes The parties shall first attempt to resolve all disputes informally. Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Chair of the WDl3, who shall place the dispute upon the agenda of its next regular or special meeting of the Board's Executive Committee. The Executive Committee shall attempt to mediate and resolve the dispute, Finally, if the Executive Committee's resolution efforts fail, any party may file a grievance in accordance with the State of California's WIOA grievance procedures, The parties agree to be bound by the final determination resulting from that procedure, All costs associated with the grievance procedure shall be borne by the losing party. 4. Press Releases and Communications All parties shall be included when communicating with the press, television, radio or any other form of media regarding its duties or performance: under this MOU, Participation of each party in press /media presentations will be determined by each party's public relations policies. Unless to 25D -14 otherwise directed by the other parties, in all communications, each party shall make specific reference to all other parties. The parties agree to utilize the AJCC logo developed by the State of California and the Local Board on buildings identified for AJCC usage. This also includes letterhead, envelopes, business cards, any written correspondence and fax transmittals.. The SAWC shall provide wall signago listing the names of current participating partners. Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. 5. Hold Harmless /Indemnification/Liability In accordance with provisions of Section 895.4 of the California Government Code, each party hereby agrees to indemnify, defend and Bold harmless all other parties, their officers, agents, employees, and volunteers identified in this MOU from and against any and all claims, demands, damages and costs arising out of or resulting fion any acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU, In addition, all parties to this MOU agree to indemnify, defend and hold harmless each other from and against all court costs and attorney's fees arising out of or resulting from any acts or omissions which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. It is understood and agreed that all indemnity provided herein shall survive the termination of this MOU. R. SEVERABILITY If any part of this MOU is found to be null and void, or is otherwise stricken, the rest of this MOU shall remain in force. S. JURISDICTION, Jurisdiction over any disputes under this MOU shall reside in Orange County, California. T. INSURANCE: The America's Job Center of California Partners agree that their current in force insurance or self- insurance coverage programs shall apply to their operations performed under the Workforce Investment Act and at the WORK Center, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty /crime coverages. The City of Santa Ana shall be named as additional insured for such insurance and the coverage shall be primacy and non - contributory with regard to the City. U. AUTHORITY AND SIGNA'T'URES: The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. 25D -15 TI -us MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the elate first written above. FOR THE LOCAL ELECTED OFFICIAL Signature Miguel A. Puliclo. Mayor,Qy of Santa Ana Namc and Title 20 Civic Center Plaza Santa Ana, CA 92101 Address FOR THE CI'T'Y OF SANTA ANA ATTEST: Maria D. Huizar, Cleric of the Council Approved as to Form: Sonia R C% ryall�o, City Attorney By: tant City Attorney r Approval: Date SANTA ANA WORKFORCE DEVELOPMENT BOARD Lee McMurtray, Interim Chair CITY OF SANTA ANA David Cavazos, City Manager Nance of Department Mead Executive Director Name of Department FOR AMERICA'S JOB CENTER OF CALIFORNIA PAR'T'NER A.ICC: Partner Signature Nance and Title Aci tIess Date 12 25D -16 :za tt X fa •r L S.. 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F .� a0i ?u y N a C .a O 7 ®',^ O 'n E1 2 a on � •• a 3 o W 04 it 0 T? �' W p Gtl 9 •� � �? � 4 �+ � Ci OH W N y� O M1°' � a N � w y w Vi UD C1 k F 25D -20 ro 0 i� d a q W Ile 0 Z H r8 tl U �1 W O to p N ZI �aa•�oA '5 �n •U � f''7D H O P p 'Y'�'. � bA c�V '.,5�. pVpv � o �• „y � � an �� V N •� a ran bA � 5�, �1 � N u V W 4 CJ 4' 25D -21 q O % y 'y1 tNn � N '•G p "� U aNj 6 u b° 'd o N 4 O O N C Q� L! [ ƒ $ ®/« \ ƒ) \\! / ƒ\ ))/ \ \\ [%� )�) ©• g $§ ) \\ )\)§ 4 § ƒ\ )j G) \])) \ '( { \ Q2 \/ ] } »© ! (j \� t \yK{ £2§B ) § ) ; ) ] ) , & ) „ ) ° )co C3 rnC4 � \\)j ft \T moo) 25D-22 w SANTA ANA WORK CENTER AMERICA'S JOB CENTER OF CALIFORNIA. AND ITS PARTNERS 0 W Y.(D .. Santa Ana WORK Center America§ Job Center of California 1000 E. Santa Ana Blvd„ #200 Santa Ana, CA 92701 Centennial Adult Education 2900W. Edinger Ave. Santa Ana, CA 92704 Santa Ana College Partners: 3 2 1530 W.17th SL Employment Development Department Santa Ana, CA 92706 State Department of Rehabilitation O.C. Social Services Agency College &Workforce Gondwlll Industries Preparation Center 4 SER /Senior Aid Program % 1572 N. Main St. Change, CA 92,567 E a N EDINGER AV. Q Go 0 r a SLANDREW PL. _._. z S W Y.(D .. Santa Ana WORK Center America§ Job Center of California 1000 E. Santa Ana Blvd„ #200 Santa Ana, CA 92701 Centennial Adult Education 2900W. Edinger Ave. Santa Ana, CA 92704 State Department of Rehabilitation 709 The City Drive, Suite 110 Orange, CA 92868 / Social Services Agency k6�z' 1928 S. Grand Ave. Santa Ana, CA 92706 CfE /ROP Valley High School �? 1801 S.Greenville Santa Ana, CA 92704 � X23 Long Beach lob Corps 1903 Santa Fe Ave. Long Beach, CA 90810 y Southern California 6' Indian Center 10175 Slater Ave.,# 1 SO Fountain Valley, CA 92708 Community Action 10 Partnership of O.C. 11870 Monarch St. Garden Grove, CA 92841 Santa Ana College Partners: 3 2 1530 W.17th SL Employment Development Department Santa Ana, CA 92706 State Department of Rehabilitation O.C. Social Services Agency College &Workforce Gondwlll Industries Preparation Center 4 SER /Senior Aid Program % 1572 N. Main St. Change, CA 92,567 State Department of Rehabilitation 709 The City Drive, Suite 110 Orange, CA 92868 / Social Services Agency k6�z' 1928 S. Grand Ave. Santa Ana, CA 92706 CfE /ROP Valley High School �? 1801 S.Greenville Santa Ana, CA 92704 � X23 Long Beach lob Corps 1903 Santa Fe Ave. Long Beach, CA 90810 y Southern California 6' Indian Center 10175 Slater Ave.,# 1 SO Fountain Valley, CA 92708 Community Action 10 Partnership of O.C. 11870 Monarch St. Garden Grove, CA 92841 25D -24 MEMORANDUM OF UNDERSTANDING BETWEEN ORANGE COUNTY DEVELOPMENT BOARD SANTA ANA WORKFORCE DEVELOPMENT BOARD AND COUNTY OF ORANGE SOCIAL SERVICES AGENCY U-ITf—ITIriTIT" Altaclunent A This Memorandum of Understanding ( "MOU ") is entered into by and between the County of Orange Social Services Agency, Orange County Development Board and Santa Ana Workforce Development Board. This MOU contains program content and purpose along with specific guidelines for the implementation and administration of the America's Job Center of California ( "AJCC "). The County of Orange Social Services Agency, Orange County Development Board and Santa Ana Workforce Development Board may be referred to individually as "AJCC Partner" and collectively as AJCC Partners." The Workforce Innovation and Opportunity Act ( "WIOA ") requires that a MOU be developed and executed between the Local Board and local partners to establish an agreement concerning the operations of the AJCC delivery system, The AJCC is a collaboration of local, state, private, and public entities that provide comprehensive and innovative employment services and resources to meet the needs of the California workforce. The purpose of the MOU, is to establish a cooperative working relationship between local partners and to define their respective roles and responsibilities in achieving the policy objectives. The MOU also serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services (collectively referred to as "customers "). California's one -stop delivery system, the AJCC, is a locally- driven system which develops partnerships and provides programs and services to achieve three main policy objectives established by California's Unified Strategic Workforce Development Plan, which includes the following: • Fostering demand - driven skills attainment • Enabling upward mobility for all Californians • Aligning, coordinating, and integrating programs and services These objectives will be accomplished by ensuring access to high - quality AJCCs that provide the full range of services available in the community for all customers seeking the following: • Looking to find a job • Building basic educational or occupational skills • Earning a postsecondary certificate or degree Page 1 of 12 A all Attachment A • Obtaining guidance on how to make career choices • Seeking to identify and hire skilled workers II. PURPOSE WIOA promotes the integration of core programs into the workforce development system. Core programs include: Adult, Dislocated Worker and Youth formula programs; Adult Education and Literacy Programs; Wagner - Peyser Act employment services program; and Vocational Rehabilitation Act Services. All local partners will share in the overarching mission to work together to continually improve the workforce system by being responsive to the needs of all of the customers served. III. REGIONAL VISION STATEMENT In order to achieve sustainable economic growth, meet the demands of global competition in the changing economy, and improve the quality of life for Californians, the State shall have a collaborative, inclusive and flexible workforce development system that fully engages the public and private sectors, integrates education and workforce preparation, and offers Californians lifelong opportunities to maximize their employment potential. This MOU structure provides the most efficient way to achieve uniform service delivery systems, improved customer service and innovation In the region. The MOU is designed to promote system to system agreement / partnership. IV. ONE -STOP SYSTEM SERVICES Innovative programs and strategies must be designed to meet the needs of customers. Services include the three types of "career services" authorized under WIOA (basic career services, individualized career services, and follow -up services) as well as training services and services provided to employers, young adults, veterans, older adults and other special populations. Services provided by Social Services Agency are attached as Exhibit 1. V. RESPONSIBILITY OF AJCC PARTNERS All AJCC Partners shall commit to the following goals to share responsibility for planning, implementing and operating the (1) Orange County One -Stop Centers and (2) Santa Ana W /O /R /K Center: 1. The AJCC Partners agree to participate in joint planning, plan development, and modification of activities to accomplish the following: • Continuous partnership building • Continuous planning in response to state and federal requirements • Responsiveness to local and economic conditions, including employer needs • Adherence to common data collection and reporting needs • Performance management to measure the success of the local One -Stop system overall and to enhance performance in a spirit of quality management and continuous Improvement 2. Make applicable services available to customers through the one -stop delivery system. Page 2 of 12 25D -26 Attaclnnent A 3. Participate in the operation of the one -stop system, consistent with the terms of the MOU and applicable laws. 4. Participate in staff development activities in order to ensure that all partners and staff are adequately cross - trained. VI. FUNDING OF SERVICES AND OPERATING COSTS All AJCC Partners who are co- located in one or more comprehensive centers or affiliates agree to share in the operating costs of their respective AJCC, either in cash or through in -kind services. The cost of services, operating cost, and infrastructure costs of the One -Stop System will be funded by all AJCC partners through a separately negotiated Cost Sharing Agreement based on an agreed upon formula or plan. These agreements may be subject to governing body approval. AJCC partners will ensure that the shared costs are supported by accurate data, the shared costs are consistently applied over time, and the methodology used in determining the shared costs are reflected in a separate Cost Sharing Agreement developed specifically to support the local region as well as each workforce board. The Cost Sharing Agreements, if approved by the governing body as necessary, will be incorporated as an amendment to this MOU and specific to each Workforce Development Board ( "WDB ") and its One -Stop Centers / Affiliate Centers. These Amendments (to be referenced as Phase II) will be negotiated and implemented no later than December 31, 2017. VII. METHODS OF REFERRING CUSTOMERS All AJCC partners shall make a commitment to mutually implement processes for the referral of customers to services not provided on -site. The referral process should do the following: • Ensure that intake and referral processes are customer - centered and provided by staff trained in customer service. • Ensure that general information regarding AJCC programs, services, activities and resources shall be made available to all customers as appropriate. • Describe how customer referrals are made electronically, through traditional correspondence, verbally or through other means determined in cooperation with partners and operators. • Describe how each AJCC partner will provide a direct link or access to other AJCC partner staff that can provide meaningful information or service, through the use of co- location, cross training of AJCC staff, or real -time technology (two way communication and interaction with AJCC partners that results in services needed by the customer). Page 3 of 12 25D -27 Attaclvnent A. VIII. ACCESS FOR INDIVIDUALS WITH BARRIERS TO EMPLOYMENT Each AJCC partner shall make a commitment to ensure access for individuals with barriers to employment is provided throughout the One -Stop System. This includes a commitment to offer priority for services to recipients of public assistance, other low- income individuals, or individuals who are basic skills deficient when providing individualized career services and training services with WIOA adult funds. The AJCC will ensure access for all individuals that qualify as an "individual with a barrier to employment," The term defined under WIOA means, an individual, of one or more of the following populations: • Displaced homemakers • Low - income individuals • Individuals on TANF /CalWorks • American Indians, Alaska Natives, and Native Hawaiians, defined in section 166 in WIOA Law • Individuals with disabilities, including youth • Older individuals • Ex- offenders • Homeless individuals or homeless children and youth • Youth who are in or have aged out of foster care • Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers • Eligible migrant and seasonal farm workers • Individuals within 2 years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act • Single parents, including pregnant women • Long -term unemployed individuals • Such other groups as the Governor involved determines to have barriers to employment IX. SHARED TECHNOLOGY AND SYSTEM SECURITY WIOA emphasizes technology as a critical tool for making all aspects of information exchange possible, including client tracking, common case management, reporting, and data collection. To support the use of these tools, each AJCC partner agrees to the following: • Comply with the applicable provisions of WIOA, Welfare and Institutions Code, California Education Code, Rehabilitation Act, and any other appropriate statutes or requirements. • The principles of common reporting and shared information through electronic mechanisms, including shared technology. Page 4 of 12 2501-28 Attachment A • Commit to share information to the greatest extent allowable under their governing legislation and confidentiality requirements. • Develop technological enhancements that allow interfaces of common information needs, as appropriate. • Understand that system security provisions shall be agreed upon by all AJCC Partners. X. CONFIDENTIALITY Each AJCC Partner agrees to comply with the provisions of WIOA as well as the applicable sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation Act, and any other appropriate statute or requirement to assure the following: • All applications and individual records related to services provided under this MOU, including eligibility for services and enrollment and referral, shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery of such services. • No person will publish, disclose, use, or permit, cause to be published, disclosed or used, any confidential Information pertaining to AJCC customers overall unless a specific release is voluntarily signed by the customer. • The AJCC Partner agrees to abide by the current confidentiality provisions of the respective statutes to which AJCC operators and other AJCC Partners must adhere, and shall share information necessary for the administration of the program as allowed under law and regulation. The AJCC Partner, therefore, agrees to share client information necessary for the provision of services such as assessment, universal intake, program or training referral, job development or placement activities, and other services as needed for employment or program support purposes. • Client information shall be shared solely for the purpose of enrollment, referral or provision of services. In carrying out their respective responsibilities, each party shall respect and abide by the confidentiality policies of the other parties. • Each AJCC Partner agrees to maintain the confidentiality of its records pursuant to WIC Sections 827 and 10850- 10853, the CDSS MPP, Division 19 -000, and all other provisions of law, and regulations promulgated thereunder relating to privacy and confidentiality, as each may now exist or be hereafter amended. • All records and information concerning any and all persons served pursuant to this MOU shall be considered and kept confidential by each AJCC Partner's staff, agents, employees, and volunteers. Each AJCC Partner shall require all of its employees, agents, subcontractors and volunteer staff who may provide services under this MOU to sign an agreement with the respective AJCC Partner before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all customers, except as may be required to provide services under this MOU. Page 5 of 12 25D -29 Attachment A • Each AJCC Partner shall inform all of its employees, agents, subcontractors, volunteers and partners of this provision and that any person violating the provisions of said State law may be guilty of a crime. • Each AJCC Partner agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this MOU. xl. NON - DISCRIMINATION AND EQUAL OPPORTUNITY The AJCC Partner shall not unlawfully discriminate, harass or allow harassment against any employee, applicant for employment or AJCC applicant due to gender, race, color, ancestry, religion, national origin, veteran status, physical disability, mental disability, medical condition(s), age, sexual orientation or marital status. The AJCC Partner agrees to comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990) and related, applicable regulations. The AJCC Partner will assure compliance with the Americans with Disabilities Act of 1990 and its amendments, which prohibits discrimination on the basis of disability, as well as other applicable regulations and guidelines issued pursuant to the Americans with Disabilities Act. A. In the performance of this MOU, each AJCC Partner agrees that it shall not engage nor employ any unlawful discriminatory practices in the admission of clients, provision of services or benefits, assignment of accommodations, treatment, evaluation, employment of personnel or in any other respect on the basis of sex, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, gender identity or expression, physical or mental disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. B. Each AJCC Partner develop an Affirmative Action Program Plan which meets the lawful and applicable requirements of the U.S. Department of Health and Human Services, C. Each AJCC Partner shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (Title 41 CFR Part 60). D. Non - Discrimination in Employment: 1. All solicitations or advertisements for employees placed by or on behalf of Each AJCC Partner shall state that all qualified applicants will receive consideration for employment without regard to gender, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, physical or mental Page 6 of 12 25D -30 Attachment A disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. Notices describing the provisions of the equal opportunity clause shall be posted in a conspicuous place for employees and job applicants. 2. Each AJCC Partner shall refer any and all employees desirous of filing a formal discrimination complaint to: California Department of Social Services Public Inquiry and Response Bureau P.O. Box 944243, M.S. 8 -3 -23 Sacramento, CA 94244 -2430 Telephone: (800) 952 -5253 (800) 952 -8349 (For the hard of hearing) E. Non - Discrimination in Service Delivery: 1. Each AJCC Partner shall comply with Title IX of the Education Amendments of 1972; Titles VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular 7 CFR section 272.6; Title II of the Americans with Disabilities Act of 1990, as amended; California Civil Code Section 51 et seq., as amended; California Government Code (CGC) Sections 11135- 11139.5, as amended; CGC Section 12940 (c), (h), (i), and (j); CGC Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000- 98413; the Dymally - Alatorre Bilingual Services Act (CGC Section 7290- 7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal and State laws, as well as their implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 CFR Part 15; 29 CFR Part 37; and Title 28 CFR Part 42), and any other law pertaining to Equal Employment Opportunity, Affirmative Action and Nondiscrimination as each may now exist or be hereafter amended. Each AJCC Partner shall not implement any administrative methods or procedures which would have a discriminatory effect or which would violate the California Department of Social Services (CDSS), Manual of Policies and Procedures (MPP) Division 21, Chapter 21 -100. If there are any violations of this Paragraph, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with WIC Section 10605, or CGC Sections 11135- 11139.5, or any other laws, or the issue may be referred to the appropriate Federal agency for further compliance action and enforcement of Subparagraph XI et seq. 2. Each AJCC Partner shall provide any and all clients desirous of filing a formal complaint any and all information as appropriate: Page 7 of 12 25D -31 Attachment A a. Pamphlet: "Your Rights Under California Welfare Programs' (PUB 13) b. Discrimination Complaint Form c. Civil Rights Contacts: County Civil Rights Contact: Orange County Social Services Agency Program Integrity Attn: Civil Rights Coordinator P.O, Box 22001 Santa Ana, CA 92702 -2001 Telephone: (714) 438 -8877 State Civil Rights Contact: California Department of Social Services Civil Rights Bureau P.O. Box 944243, M.S. 15 -70 Sacramento, CA 94244 -2430 Federal Civil Rights Contact: U.S. Department of Health and Human Services Office of Civil Rights 50 U.N. Plaza, Room 322 San Francisco, CA 94102 XI I. GRIEVANCES AND COMPLAINTS PROCEDURE The AJCC Partner agrees to establish and maintain a procedure for grievance and complaints. The process for handling grievances and complaints is applicable to customers and AJCC Partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete resolution of their grievance. The AJCC Partner further agree to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. XIII. EFFECTIVE DATES AND TERM OF THIS MOU The term of this MOU shall commence on June 28, 2016, and terminate on June 27, 2019, unless earlier terminated pursuant to the provisions of Section XV of this MOU. However, the AJCC Partners shall be obligated to perform such duties as would normally extend beyond this terms, including but not limited to, obligations with respect to indemnification, audits, reporting, and accounting. Page 8 of 12 25D -32 Attachment A XIV. MODIFICATIONS AND REVISIONS This MOU and all attachments and exhibits shall constitute the entire agreement between the signatories and no oral understanding not incorporated herein shall be binding on any of the signatories hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the signatories, by the issuance of a written amendment, signed and dated by the signatories. XV. TERMINATION The AJCC Partners understand that implementation of the AJCC system is dependent on the good faith effort of every AJCC Partner to work together to improve services to the community. The AJCC Partners also agree that this is a project where different ways of working together and providing services are being tested. In the event that it becomes necessary for one or more AJCC Partners to cease being a part of this this MOU, said AJCC Partner shall notify the other AJCC Partners, in writing, 30 days in advance of that intention. XVI. ADMINISTRATIVE AND OPERATIONS MANAGEMENT I. Supervision /Day to Day Operations The day -to -day supervision of staff assigned to the AJCCs will be the responsibility of the site supervisor(s). The original employer of staff assigned to the AJCCs will continue to set the priorities of its staff. Any change in work assignments or any problems at the worksite will be handled by the site supervisor(s) and the management of the original employer. The office hours for the staff at the AJCCs will be established by the site supervisor(s) and the primary employer. All staff will comply with the holiday schedule of their primary employer and will provide a copy of their holiday schedule to the operator and host agency at the beginning of each fiscal year. Disciplinary actions may result in removal of co- located staff from the AJCCs and each party will take appropriate action. Each AJCC Partner shall be solely liable and responsible for providing to, or on behalf of, its employee(s), all legally- required employee benefits. In addition, each party shall be solely responsive for payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters. Page 9 of 12 25D -33 Attachment A ii. Press Releases and Communications All AJCC Partners shall be included when communicating with the press, television, radio or any other form of media regarding its duties or performance under this MOU. Participation of each AJCC partner in press /media presentations will be determined by each partner's public relations policies. Unless otherwise directed by the other AJCC partners, in all communications, each AJCC Partner shall make specific reference to all other AJCC Partners. The AJCC Partners agree to utilize the AJCC logo developed by the State of California and the Local Board on buildings identified for AJCC usage. This also includes letterhead, envelopes, business cards, any written correspondence and fax transmittals. M. Hold Harmless /Indemnification /Liability The Santa Ana Workforce Development Board agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold U.S. Department of Health and Human Services, the State, COUNTY, and their elected and appointed officials, officers, employees, agents and those special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES ") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Santa Ana Workforce Development Board pursuant to this Agreement. If judgment is entered against Santa Ana Workforce Development Board and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, Santa Ana Workforce Development Board and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. The County agrees to indemnify, defend, and hold the Santa Ana Workforce Development Board, their officers, employees, and agents ( "SANTA ANA INDEMNITIES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by the County pursuant to this Agreement. Iv. The parties agree that separate copies of this Agreement may be signed by each of the parties, and this Agreement will have the same force and effect as if the original had been signed by all the parties. Page 10 of 12 2501-34 Attachment A.1- Orange County IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. *Orange County Social Services Agency 0 Name: Michael Ryan (Print) Title: Director Dated: *Orange County Development Board 0 Name: Bob Bunyan (Print) Title: Chair Dated: COUNTY OF ORANGE A Political Subdivision of the State of California 0 Lisa A. Bartlett, Chair Orange County Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD Robin Stieler Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM DEPUTY COUNTY COUNSEL DEPUTY COUNTY COUNSEL Dated: Dated: Dated: �.li'r Attachment A.2 -Santa Ana IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. *Orange County Social Services Name: Michael Ryan (Print) Title: Director Dated: *City Santa Ana By: -- Name: Miguel Pulido (Print) Title: Mavor Dated: By: Santa Ana City Attorney 'Santa Ana Workforce Development Board C Name: Lee McMurtray (Print) Title: Chair, 7, -. Dated: 7- L- a® o *� * *+Yxxxxx *tlrk Rn`k *� * #Ak.F �k kk kk *Ye WY* �kt* . Fk#**+ 4ki :x+Hx�rW #+F * * *+tuRY:rtk *k #kx &x:4+4: �e k:�:U Yr �k �Fkk�r�:t a4k APPROVED AS TO FORM DEPUTY COUNTY COUNSEL By: Dated: DEPUTY COUNTY COUNSEL Page 12 of 12 25D -36 7- 11 M f`a �y C�J � C a • s ♦ ♦ a ♦ ♦ s ♦ m w n w n n p C a m °• b o o 'n° m O � y rn w ©019 -- b � � e m � 0 b 0 W ri O N A. A. ti w Ou C l/1 7- 11 M f`a �y C�J � C MEMORANDUM OF UNDERSTANDING BETWEEN ORANGE COUNTY DEVELOPMENT BOARD SANTA ANA WORKFORCE DEVELOPMENT BOARD AND ORANGE COUNTY SHERIFF'S DEPARTMENT This Memorandum of Understanding ( "MOU ") is entered into by and between the Orange County Sheriff's Department, Orange County Development Board and the Santa Ana Workforce Development Board. This MOU contains program content and purpose along with specific guidelines for the implementation and administration of the America's Job Center of California ("AJCC'). The Orange County Sheriff's Department, Orange County Development Board and Santa Ana Workforce Development Board may be referred to individually as "AJCC Partner' and collectively as AJCC Partners." The Workforce Innovation and Opportunity Act ( "WIOA ") requires that a MOU be developed and executed between the Local Board and local partners to establish an agreement concerning the operations of the AJCC delivery system. The AJCC is a collaboration of local, state, private, and public entities that provide comprehensive and innovative employment services and resources to meet the needs of the California workforce. The purpose of the MOU, is to establish a cooperative working relationship between local partners and to define their respective roles and responsibilities in achieving the policy objectives. The MOU also serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services (collectively "customers"), California's one -stop delivery system, the AJCC, is a locally- driven system which develops partnerships and provides programs and services to achieve three main policy objectives established by the California Workforce Development Strategic Plan, which includes the following: • Foster demand - driven skills attainment • Enable upward mobility for all Californians • Align, coordinate, and integrate programs and services These objectives will be accomplished by ensuring access to high - quality AJCCs that provide the full range of services available in the community for all customers seeking the following: • Looking to find a job. • Building basic educational or occupational skills. Page 1 of 13 25D -38 • Earning a postsecondary certificate or degree. • Obtaining guidance on how to make career choices. • Seeking to identify and hire skilled workers. II. PURPOSE WIOA promotes the integration of both core programs and other partners into the workforce development system. Core programs includes: Adult, Dislocated Worker and Youth formula programs; Adult Education and Literacy Programs; Wagner - Peyser Act employment services program; and Vocational Rehabilitation Act programs. All local partners will share in the overarching mission to work together to continually improve the workforce system by being responsive to the needs of all of the customers served. III. REGIONAL VISION STATEMENT In orderto achieve sustainable economic growth, meet the demands of global competition in the changing economy, and improve the quality of life for Californians, the state shall have a collaborative, inclusive and flexible workforce development system that fully engages the public and private sectors, integrates education and workforce preparation, and offers Californians lifelong opportunities to maximize their employment potential. This MOU structure provides the most efficient way to achieve uniform delivery systems, improved customer service and innovation in the region. The MOU is designed to promote system to system agreement / partnership. IV. ONE -STOP SYSTEM SERVICES Implementing innovative programs and strategies designed to meet the needs of our customers. Services include the three types of "career services" authorized under WIOA (basic career services, Individualized career services, and follow -up services) as well as training services as well as services provided to employers, young adults, veterans, older adults and other special populations. Services provided by the Orange County Sheriff's Department are attached as Exhibit 1. V. RESPONSIBILITY OF AJCC PARTNERS All AJCC partners shall commit to the following goals to share responsibility for planning, implementing and operating the (1) Orange County One -Stop Centers and (2) Santa Ana W /O /R /K Center: 1. The AJCC partner agrees to participate in joint planning, plan development, and modification of activities to accomplish the following: Continuous partnership building. • Continuous planning in response to state and federal requirements. + Responsiveness to local and economic conditions, Including employer needs. • Adherence to common data collection and reporting needs. Page 2 of 13 25D -39 • Performance management to measure the success of the local One -Stop system overall and to enhance performance in a spirit of quality management and continuous improvement. 2. Make the services(s) applicable to the partner program available to customers through the one -stop delivery system. 3. Participate in the operation of the one -stop system, consistent with the terms of the MOU and applicable laws. 4. Participate in staff development activities in order to ensure that all partners and staff are adequately cross- trained. VI. FUNDING OF SERVICES AND OPERATING COSTS All AJCC Partners who are co- located in one or more comprehensive centers or affiliates agree to share in the operating costs of their respective AJCC, either in cash or through in -kind services. The cost of services, operating cost, and infrastructure costs of the system will be funded by all AJCC partners through a separately negotiated cost sharing agreement based on an agreed upon formula or plan. AJCC partners will ensure that the shared costs are supported by accurate data, the shared costs are consistently applied over time, and the methodology used in determining the shared costs are reflected in a separate Cost Sharing Agreement developed specifically to support the local region as well as the Orange County Development Board. The Cost Sharing Agreements will be incorporated as an amendment to this MOU and specific to each Workforce Development Board ( "WDB ") and its One -Stop Centers / Affiliate Centers. These Amendments (to be referenced as Phase II) will be negotiated and implemented no later than December 31, 2017. VII, METHODS OF REFERRING CUSTOMERS All AJCC partners shall make a commitment to mutually implement processes for the referral of customers to services not provided on -site. The referral process should do the following: • Ensure that intake and referral processes are customer - centered and provided by staff trained in customer service. • Ensure that general information regarding AJCC programs, services, activities and resources shall be made available to all customers as appropriate. • Describe how customer referrals are made electronically, through traditional correspondence, verbally or through other means determined in cooperation with partners and operators. • Describe how each AJCC partner will provide a direct link or access to other AJCC partner staff that can provide meaningful information or service, through the use of co- location, cross training of AJCC staff, or real -time technology (two way communication and interaction with AJCC partners that results in services needed by Page 3 of 13 25D -40 the customer). VIII. ACCESS FOR INDIVIDUALS WITH BARRIERS TO EMPLOYMENT Each AJCC partner shall make a commitment to ensure access for individuals with barriers to employment Is provided throughout the System. This includes a commitment to offer priority for services to recipients of public assistance, other low- income individuals, or individuals who are basic skills deficient when providing individualized career services and training services with WIOA adult funds. The AJCC will ensure access for all individuals that qualify as an "individual with a barrier to employment." The term defined under WIOA means, an individual, of one or more of the following populations: • Displaced homemakers • Low - income individuals • Individuals on TANF /CalWorks • American Indians, Alaska Natives, and Native Hawaiians, defined in section 166 in WIOA Law • Individuals with disabilities, including youth • Older individuals • Ex- offenders • Homeless individuals, defined in section 41403(6) in the Violence Against Women Act of 1994, or homeless children and youths, defined in section 725(2) of the McKinney -Vento Homeless Assistance Act • Youth who are in or have aged out of foster care • Individuals who are English language learners, individuals who have low levels of nteracy, and individuals facing substantial cultural barriers • Eligible migrant and seasonal farm workers • Individuals within 2 years of exhausting lifetime eligibility under Part A of Title IV of the Social Security Act • Single parents, including pregnant women • Long -term unemployed individuals • Such other groups as the Governor involved determines to have barriers to employment IX. SHARED TECHNOLOGY AND SYSTEM SECURITY WIOA emphasizes technology as a critical tool for making all aspects of information exchange possible, including client tracking, common case management, reporting, and data collection. To support the use of these tools, each AJCC p artner agrees to the following: • Comply with the applicable provisions of WIOA, Welfare and Institutions Code, Page 4 of 13 2501-41 California Education Code, Rehabilitation Act, and any other appropriate statutes or requirements. • The principles of common reporting and shared information through electronic mechanisms, including shared technology. • Commit to share information to the greatest extent allowable under their governing legislation and confidentiality requirements, • Develop technological enhancements that allow interfaces of common information needs, as appropriate. • Understand that system security provisions shall be agreed upon by all AJCC partners. • Maintain all records of the AJCC customers or partners (e.g. applications, eligibility and referral records, or any other individual records related to services provided under this MOU) in the strictest confidence, and use them solely for purposes directly related to such services. X. CONFIDENTIALITY Each AJCC partner agrees to complywith the provisions of WIOA as well as the applicable sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation Act, and any other appropriate statute or requirement to assure the following: • All applications and individual records related to services provided under this MOU, including eligibility for services and enrollment and referral, shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery of such services. • No person will publish, disclose use, or permit, cause to be published, disclosed or used, any confidential information pertaining to AJCC applicants, participants, or customers overall unless a specific release is voluntarily signed by the participant or customer. • The AJCC partner agrees to abide by the current confidentiality provisions of the respective statutes to which AJCC operators and other AJCC partners must adhere, and shall share information necessary for the administration of the program as allowed under law and regulation. The AJCC partner, therefore, agrees to share client information necessary for the provision of services such as assessment, universal intake, program or training referral, job development or placement activities, and other services as needed for employment or program support purposes. • Client information shall be shared solely for the purpose of enrollment, referral or provision of services. In carrying out their respective responsibilities, each party shall respect and abide by the confidentiality policies of the other parties. • Each Party agrees to maintain the confidentiality of its records pursuant to WIC Sections 827 and 10850- 10853, the CDSS MPP, Division 19 -000, and all other provisions of law, and regulations promulgated thereunder relating to privacy and confidentiality, as each may now exist or be hereafter amended. Page 5 of 13 25D -42 • All records and information concerning any and all persons served pursuant to this MOU shall be considered and kept confidential by each Party's staff, agents, employees, and volunteers. Each Party shall require all of its employees, agents, subcontractors and volunteer staff who may provide services under this MOU to sign an agreement with the respective Party before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all customers, except as may be required to provide services under this MOU. • Each Party shall inform all of its employees, agents, subcontractors, volunteers and partners of this provision and that any person violating the provisions of said State law may be guilty of a crime. • Each Party agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this MOU. XI. NON- D15CRIMI NATION AND EQUAL OPPORTUNITY The AJCC Partner shall not unlawfully discriminate, harass or allow harassment against any employee, applicant for employment or AJCC applicant due to gender, race, color, ancestry, religion, national origin, veteran status, physical disability, mental disability, medical condition(s), age, sexual orientation or marital status. The AJCC Partner agrees to comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990) and related, applicable regulations. The AJCC Partner will assure compliance with the Americans with Disabilities Act of 1990 and its amendments, which prohibits discrimination on the basis of disability, as well as other applicable regulations and guidelines issued pursuant to the Americans with Disabilities Act. A. In the performance of this MOU, each Party agrees that itshall not engage nor employ any unlawful discriminatory practices in the admission of clients, provision of services or benefits, assignment of accommodations, treatment, evaluation, employment of personnel or in any other respect on the basis of sex, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, gender identity or expression, physical or mental disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. B. Each Party develop an Affirmative Action Program Plan which meets the lawful and applicable requirements of the U.S, Department of Health and Human Services. C. Each Party shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in Page 6 of 13 25D -43 Department of Labor regulations (Title 41 CFR Part 60). D. Non - Discrimination in Employment: 1. All solicitations or advertisements for employees placed by or on behalf of Each Party shall state that all qualified applicants will receive consideration for employment without regard to sex, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, physical or mental disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. Notices describing the provisions of the equal opportunity clause shall be posted in a conspicuous place for employees and job applicants. 2. Each Party shall refer any and all employees desirous of filing a formal discrimination complaint to: California Department of Social Services Public Inquiry and Response Bureau P.O. Box 944243, M.S. 8 -3 -23 Sacramento, CA 94244 -2430 Telephone: (800) 952 -5253 (800) 952 -8349 (For the hard of hearing) E, Non - Discrimination in Service Delivery: 1. Each Party shall comply with Title IX of the Education Amendments of 1972; Titles VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular 7 CFR section 272.6; Title II of the Americans with Disabilities Act of 1990, as amended; California Civil Code Section 51 et seq., as amended; California Government Code (CGC) Sections 11135- 11139.5, as amended; CGC Section 12940 (c), (h), (i), and (j); CGC Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000- 98413; the Dymally - Alatorre Bilingual Services Act (CGC Section 7290 - 7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal and State laws, as well as their implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 CFR Part 15; 29 CFR Part 37; and Title 28 CFR Part 42), and any other law pertaining to Equal Employment Opportunity, Affirmative Action and Nondiscrimination as each may now exist or be hereafter amended. Each Party shall not implement any administrative methods or procedures which would have a discriminatory effect or which would violate the California Department of Social Services (CDSS), Manual of Policies and Procedures (MPP) Division 21, Chapter 21 -100. If there are any violations of this Paragraph, CDSS shall Page 7 of 13 25D -44 have the right to invoke fiscal sanctions or other legal remedies in accordance with WIC Section 10605, or CGC Sections 11135- 11139.5, or any other laws, or the issue may be referred to the appropriate Federal agency for further compliance action and enforcement of Subparagraph Errorl Reference source not found. XI et seq. 2. Each Party shall provide any and all clients desirous of filing a formal complaint any and all information as appropriate: a. Pamphlet: "Your Rights Under California Welfare Programs" (PUB 13) b. Discrimination Complaint Form c. Civil Rights Contacts: County Civil Rights Contact: Orange County Social Services Agency Program Integrity Attn: Civil Rights Coordinator P.O. Box 22001 Santa Ana, CA 92702 -2001 Telephone: (714) 438 -8877 State Civil Rights Contact: California Department of Social Services Civil Rights Bureau P.O. Box 944243, M.S. 15 -70 Sacramento, CA 94244 -2430 Federal Civil Rights Contact: U.S. Department of Health and Human Services Office of Civil Rights 50 U.N. Plaza, Room 322 San Francisco, CA 94102 XII. GRIEVANCES AND COMPLAINTS PROCEDURE The AJCC partner agrees to establish and maintain a procedure for grievance and complaints. The process for handling grievances and complaints is applicable to customers and partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The AJCC Partner further agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. Page 8 of 13 2501-45 XIII. EFFECTIVE DATES AND TERM OF THIS MOU The term of this MOU shall commence on June 28, 2016, and terminate on June 27, 2019, unless earlier terminated pursuant to the provisions of Section XV of this MOU. However, the AJCC Partners shall be obligated to perform such duties as would normally extend beyond this terms, including but not limited to, obligations with respect to indemnification, audits, reporting, and accounting. XIV. MODIFICATIONS AND REVISIONS This MOU and all attachments and exhibits shall constitute the entire agreement between the signatories and no oral understanding not incorporated herein shall be binding on any of the signatories hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the signatories, by the issuance of a written amendment, signed and dated by the signatories. XV. TERMINATION The signatories understand that implementation of the AJCC system is dependent on the good faith effort of every AJCC partner to work together to improve services to the community. The signatories also agree that this is a project where different ways of working together and providing services are being tested. In the event that it becomes necessary for one or more signatories to cease being a part of this this MOU, said entity shall notify the other signatories, in writing, 30 days in advance of that intention. XVI. ADMINISTRATIVE AND OPERATIONS MANAGEMENT License for Use During the term of this MOU, all AJCC partners to this MOU shall have a license to use all of the space of the AJCCs for the sole purpose of conducting acceptable AJCC services as outlined herein. ii. Supervision /Dav to Day Operations The day -to -day supervision of staff assigned to the AJCCs will be the responsibility of the site supervisor(s). The original employer of staff assigned to the AJCCs will continue to set the priorities of its staff, Any change in work assignments or any problems at the worksite will be handled by the site supervisor(s) and the management of the original employer. Page 9 of 13 25D -46 The office hours for the staff at the AJCCs will be established by the site supervisor(s) and the primary employer. All staff will comply with the holiday schedule of their primary employer and will provide a copy of their holiday schedule to the operator and host agency at the beginning of each fiscal year. Disciplinary actions may result in removal of co- located staff from the AJCCs and each party will take appropriate action. Each AJCC partner shall be solely liable and responsible for providing to, or on behalf of, its employee(s), all legally- required employee benefits. in addition, each party shall be solely responsive and save all other signatories AJCC partners harmless from all matters relating to payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters. iii. Dispute Resolution The AJCC partners agree to try to resolve policy or practice disputes at the lowest level, starting with the site supervisor(s) and staff, If Issues cannot be resolved at this level, they shall be referred to the management staff of the respective staff employer and the operator, for discussion and resolution. IV. Press Releases and Communications All AJCC Partners shall be included when communicating with the press, television, radio or any other form of media regarding its duties or performance under this MOU. Participation of each AJCC partner In press /media presentations will be determined by each partner's public relations policies. Unless otherwise directed by the other AJCC partners, in all communications, each AJCC partner shall make specific reference to all other AJCC partners. The AJCC partners agree to utilize the AJCC logo developed by the State of California and the Local Board on buildings identified for AJCC usage. This also includes letterhead, envelopes, business cards, any written correspondence and fax transmittals. V. Hold Harmless/indemnification /Liability The Santa Ana Workforce Development Board agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold U.S. Department of Health and Human Services, U.S. Department of Labor, the State, COUNTY, and their elected and appointed officials, officers, employees, agents and those Page 10 of 13 2501-47 special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by Santa Ana Workforce Development Board pursuant to this Agreement. If judgment is entered against Santa Ana Workforce Development Board and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, Santa Ana Workforce Development Board and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. The County agrees to indemnify, defend, and hold the Santa Ana Workforce Development Board, their officers, employees, and agents ( "SANTA ANA INDEMNITIES") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by the County pursuant to this Agreement. V1. The parties agree that separate copies of this Agreement may be signed by each of the parties, and this Agreement will have the same force and effect as if the original had been signed by all the parties. Page 11 of 13 2501-48 IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. *Partner Agency *Orange County Development Board By: By: Name: ON FOLLOWING PAGES Name: Bob Bunyan (Print) (Print) Title: Title: Chair Dated: Dated: *N * * * **** * * *R* *�': s4 *Yr+F *� *ik *4r>Y ** * *R *9: **** rY• k* 4* k*: MxJe -0a**Y #kR**x•k ** **xY:Fx:Y *:F* k * **9: Y: •*t< *•k* *•k* COUNTY OF ORANGE A Political Subdivision of the State of California By: Dated: Lisa A. Bartlett, Chair Orange County Board of Supervisors SIGNED AND CERTIFIED THAT A COPY OF THIS AGREEMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD By: Dated: Robin Stieler Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM DEPUTY COUNTY COUNSEL M DEPUTY COUNTY COUNSEL Dated: Page 12 of 13 25D -49 Attachment B IN WITNESS WHEREOF, the parties hereto certify that they have read and understand all the terms and conditions contained herein and have duly authorized and caused this MOU to be executed as of the date stated below written. There are no oral understandings of the Parties or terms and conditions other than as are stated herein. *Partner Agency Orange County Sheriff's Department By: Name: (Print) Title: Dated: *City Santa Ana By: Name: _ Miguel Pulido (Print) Title: Mayor Dated: APPROVED AS TO FORM By: Santa Ana City Attorney *Santa Ana Workforce Development Board 0 Name: _ Lee McMurtray_ (Print) Title: Chair tommili Dated: /(, Page 13 of 13 25D -50 Ot Oil cz xp l"J V 7� Y� a S! C` C7' ten° H h O m d ° O ry ,dro a � ro d iil O ° F ro v+ ro s • • • e s n ro w h.. e U4 W P.. R. Q a' ro n �,.+1 a4 !D � � y �• ryery' .a. J N❑ .�'r ® N® E n Y O VO4 N i O i 7C u•', m 0 O d 0 M pr M d � O H -•' N o r ro .S M uir v f�D d ' 9 r g d b ro o rn m o a. m °d '•�`'' rn g w G � ° N N o eD O rx ° 'O N a n n v m MV ti � L�LL�1 —� ti a n Ot Oil cz xp l"J V 7� Y� a S! C` C7' ten° H 25D -52 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER TO SUPPORT AN ART EXHIBIT (STRATEGIC PLAN NO. 5, 4) CITY MANAGE •' CLERK OF COUNCIL USE ONLY: F1NI7Z9DlIIN ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Orange County Children's Therapeutic ARTS Center for a one -time donation amount of $1,280, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Martinez recommends appropriating $1,280 to Orange County Children's Therapeutic ARTS Center to support an event to be held on Thursday, June 9, 2016 in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25E -1 Donation Agreement with Orange County Children's Therapeutic ARTS Center June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,280 will be spent from Councilmember Martinez's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: 4 r Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25E -2 Marta gor's City of Santa Ana City 20 CIVIC COffloo enter Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 0 (714) 647-5200 101ty Services Credit Martinez [Amount Requested. F�� Fj Ma orlCouncllmembar:. 110'rect Pa antAnnount RequestZm IlEvent Date: June 9, 2016 Name. _1Orange County Children's Therapeutic ARTS Center Tax-Exempt Status: Is your organization a non•profit or publIo tax-exempt organization defined under Section 601(c)(3) of the Internal Revenue Code? elect One: The Estate Building in Downtown Santa Ana - 207 West Second Street, Santa Ana, CA 92701 r No If No, you will only qualify for a credit for City-related "a for yourrequest (l.e. permit fees, staff time, rental rates turfacliffirs or equipment ota).Costs for City services very and It �f Yes, Actilebrallon of Santa Ana students Art work and professional artists lathe heart of Downtown, Santa Ana Artist VIlagal Elementary and Middle school students from the Santa Ana Unified School DIstrictwill exhibit their Art work and share theIr arflatIc efforts throughout the yearwith their parents, family members, Mends andthe Santa Ana Community, Professional Mies will also exhibit their work to motivate and Inspire students to Continue learning and reach for higher standards. approved, Credit may or may not Cover full Cost of requested CHy services. ax ID ]��3-0930891 [r- Ktgillpatogn Ira- ash, 101ty Services Credit Martinez [Amount Requested. F�� Fj Ma orlCouncllmembar:. 110'rect Pa antAnnount RequestZm IlEvent Date: June 9, 2016 Event Time: PM Event Location: The Estate Building in Downtown Santa Ana - 207 West Second Street, Santa Ana, CA 92701 r AddrOsS, City, State, Zip ase ptlon FE,,nrtli PrVoof,07-11 Actilebrallon of Santa Ana students Art work and professional artists lathe heart of Downtown, Santa Ana Artist VIlagal Elementary and Middle school students from the Santa Ana Unified School DIstrictwill exhibit their Art work and share theIr arflatIc efforts throughout the yearwith their parents, family members, Mends andthe Santa Ana Community, Professional Mies will also exhibit their work to motivate and Inspire students to Continue learning and reach for higher standards. Community Sairsofit-, Sarigana also has Manyteballdly0ath .611al Thl, verfavol orebmto In, M am wirshmart. ofS.rAft Me AxIb, Ad prr.avely lWaot ftalrself-eoae� pride and Whoonfidohc,a, thadeAdamr to exciled to sham MaY parents in droton, �ffi vAh [daft Rom professional torlisr and be resisred by ImIr avork W. arAdi far evronts mto* to see their atodenta A Wit also vim professional Ad vvork. Many fanfllot that Mrs In sorat Area have Moe GXPDSUfS 19 M0140011 0XIMUS ail Fiftffly, Mrs a a great apponrunny to Integrate both Me Arests cenrivurzy motti our Santa Me famMa.) 4 - ---------- Ktgillpatogn Ira- ash, 7 A W, 710% N a M-0— 161, WE' 0 73 �M 00 Mail: City Manager's Office -M -31 Email: donaftonrequest@santa-ene.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. BOX 1988 Santa Ana, CA 02702 Revised 111'1612015 F� J21T 25 Xlj E-1 25E -4 CITY OF SANTA ANA DONATION AGREEMENT WITH ORANGE COUNTY CHILDREN'S THEAPEUTIC ARTS CENTER 1. PARTIES AND DATE This Donation. Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in EDUCATING STUDENTS AND THEIR FAMILIES ON ART FUNDAMENTALS ( "Community Benefit "), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will CELEBRATE THE ARTISTIC ACCOMPLISHMENTS OF SANTA ANA YOUTH. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND TWO HUNDRED EIGHTY DOLLARS ($1,280) for an event to be held on Thursday, June 9, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terns of this Agreement, City shall have the right to tenminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect unless and until terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fimds will be used for a purpose which may cause a significant risk of 2M06 injury, the City rriay, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreemen. t. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 2 MIT6 RECOMMENDED FOR APPROVAL By. -- Robert Cortez Special Assistant to the City Manager City Manager's Office 3 93 CITY OF SANTA ANA By: David Cavazos City Manager Attesl: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: Lisa Storck Assistant City Attorney ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER a 501(e)3 NON- PROFFF ORGANIZATION By: Signature Name Title 25E -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH LATINO HEALTH ACCESS TO SUPPORT A RESIDENT LEADERSHIP PROJECT (STRATEGIC PLAN NO. 5,4) CITY MANA R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Latino Health Access for a one -time donation amount of $3,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Martinez recommends appropriating $3,000 to Latino Health Access to support a summer resident leadership project that will begin in June 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25F -1 Donation Agreement with Latino Health Access June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015 - 62300). The $3,000 will be spent from Councilmember Martinez's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: 1� Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25F -2 • t "`w City of Santa Ana F H Donation Request City Manager's Office - M -31 20 Clvlc Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647 -5200 wn pp�; ig+iet a r�i #'s r. 'Yt ra - a Hilda Program Address: 450 W. 4th Street city, state, zip: Santa Ana, CA 92701 Phone: 714 -542 -7792 Eman: hortiz @latinohealthaccess.org Fax: 714- 542 -4853 Name: Latino Health Access Tax - Exempt Status: Is your organization a non-prof ft or public tax - exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? R Yes No If No, you will only qualify for a credit for City- related costs for yourrequest (i.e. permit fees, If Yes, staff time, rental rates for facilities or equipment, etc.),Costs for city services vary and if 33- 0562943 approved, credit may or may not cover full cost of requested City services, ;Tax ID #: City services Requested: $ 3 000 Date Needed: May 25, 2016 Mayor /Councilmember: iMartinez Amount Requested: , I Direct Payment Amount $3000 Event Date; 'Varies Requested: 'Summer 2016 Event Time: Event Location: 6 Santa Ana neighborhoods: Lacy, Eastside, Flower Park, Pico - Lowell, Bella Address, City, State, Zip Vista, New Horizons ' LHA will be working with residents in the 6 areas to develop resident leadership In creating healthier neighborhoods via Description of summer projects. These projects Include a Health and Resource Fair, Housing & Tenant Rights Education Fair, Traffic :Event I Purpose: Safety Education Campaign aimed at pedestrian families, Outdoor Movie NlghtsArts & Culture Fair. We will also be housing interns from various universities through a Health Equity Fellowship program. Interns will interns to work alongside residents to collect data, conduct door -lo -door outreach, and carry out community improvement projects. Through the summer projects we aim to : Activate publicspacos as open spaces; fits Includes streets, schools, school parking lots, ste (place making type projects) C omm u n ity Be hell t: - Creato family - oriented programming (one time or ongoing eunmler acgvtties)for all ages Connect families to much needed Information and Sansone, Including health Insurance, monist homes, DI emotional wcllnose, housing Applicant Signature: j -.,��- r� Date: 5/51201 6 Mail: City Manager's Office -M -31 Email: donationrequest @setnta- ana.org 20 Civic Center Plaza Fax: (714) 647 -6954 P.O. Box 1988 Santa Ana, CA 92702 Dor Ition Nerl'u'A;r, DR - foum;il Mooting Btu,: FJlgibility &1q1. YkS I NO Apptoved Antolini: City h10 nngCl' S$Inetulr: Date: Revised 11/1612015 25F -4 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESS 1. PARTIES AND DATE This Donation Agreement ( "Agreement") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and LATINO HEALTH ACCESS, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A SUMMER RESIDENT LEADERSHIP PROJECT ( "Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public PMosc, The City, by recommendation of COUNCILMEMBER MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE HEALTH AND WELLNESS ACTIVITIES FOR THE COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3,1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of THREE THOUSAND DOLLARS ($3,000) for a program that will begin on June 14, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit, In executing this Agreement and receiving the funds, Recipient agrees to use the finds only for the purpose described, and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the Rinds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This .Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 33 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and Exhibit 2 25F -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 hndemnification. Recipient understands, aclmowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy anyjudgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3,6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 33 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 25F -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL 0 CITY OF SANTA ANA Robert Cortez Special Assistant to the City Manager City Manager's Office By: Attest: M David Cavazos City Manager Maria D, Huizar Clerk of the Council Approved as to Form: By /1, % m M. Funk Assistant City Attorney LATINO HEALTH ACCESS a 501(e)3 NON - PROFIT ORGANIZATION By: Signature 25F -7 Name Title 25F -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE; DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION TO SUPPORT A COLLEGIATE WRESTLING PROGRAM (STRATEGIC PLAN NO. 5,4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: cTPJ* :• OJ ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO AWAZ l�l� AFT] 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Athletic Foundation for a one -time donation amount of $2,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Martinez recommend s support an ongoing collegiate wrestlin g Upon approval of this item, a donation STRATEGIC PLAN ALIGNMENT appropriating $2,000 to Santa Ana Athletic Foundation to program, in response to their donation request (Exhibit 1). agreement (Exhibit 2) will be executed. Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25G -1 Donation Agreement with Santa Ana Athletic Foundation June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $2,000 will be spent from Councilmember Martinez's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25G -2 City of Santa Ana Donation Request INanne: I Scott Glabb i �d diress: 17--3- 7 P- 1 t'C a 1 r-n ... Dr State, Zip: I Uosta Mesa, CA glabb@prodigy,net Name: (Santa Ana Athletic Foundation City Managers Office — M•31 20 Civic Center Plaza P, 0. Box 1988 Santa Ana, CA 92702 (714) 647-6200 tie: Teacher/coach ; - --- . ... ....... 1Phone: Fax: 714-609-6607 714-567-4997 Tax •E xe mpt Status: Is your organization I . a I- non -profit - or .. public . 11 1 1 11 tax - exempt . 11 .1 I I criganizatio - n - a - a defined under Section 501(c)(3) of the Internal Revenue Code? (Select One: Yes No i If No, YOU will only qualify fare credit for City - related costs for your request (i.e. permit fees, F (.staff time, rental rates for facilities or equipment, etc.). Costs for City services very and if approved, credit may or may not cover full cost OF requested City services. Tax ID 91-21 6366502 !City Services Credit I$ IDI Needed )Amount Requested; I MayourfCounclimember: Martinez Direct Payment A m o u n t ls2000 Event Requested; Date: 6/6/2016 Event Time: 8AM-9PM Fri -Tugs Event Location: Santa Ana High School Address, City, State, Zry 1520 W. Walnut St Santa Ana, CA 92701 iDescription of On June I the Santa Ana Athletic Foundation will be hosting a banquet to honor the Santa Ana Wrestling Teams CIF Championship in 2016. Team members, coaches, community leaders and administration I Event I Purpose: will be recognized with awards and acknowledge their contributions to the program. The blauniquetwill begin with a dessert appetizers and be followed by the awards presentation in the historic Starts Ann HIS Auditorium. Funds will be used for buying awards, T-shirts and plaques that will be presented at the banquet Icommunity Benefit, Recognizing our youth, and these who make contributions to continue the success Bud legacy of cur school Programs, help motivate them e I continue the hard work they are doing. It sends the message to those honored h a re a that WO pp cl to your effore and respect for you what you have accomplished. In turn, these people, who were honored, will continue to work hard, pour then efforts into this community, and give back to the Programs that have helped them be successful, Datud - 11 1: 1, , amk%IIIIIIIIIIIIIIIIIIIIIIA, 11111 IIIIIIIVII m a =, 1111111111 '1 11111 1 I III frill 11111 1111 ;;!!!ill:! Whi 111: 11 1! lilill 1111iiIIII'l i -it- Mail: 6 y Manager's Office —M -81 Email: donationrequost@santa-ana.org 20 Civic Center Plaza i Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 ---------- Revised 11/16/2015 W-real 25G -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA ATHLETIC FOUNDATION, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 CommunityBenefit, The City wishes to provide Recipient with funding to assist Recipient in SUPPORTING A COLLEGIATE WRESTLING PROGRAM ( "Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will HELP SUPPORT THE COMMUNITY 'THROUGH EARLY PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of TWO THOUSAND DOLLARS ($2,000) for an ongoing program, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the frmds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the frmds pursuant to Section 3.2 below. 3.2 Tenn; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 2mit 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This tight shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any mariner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or ternnination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 2 AU-6 RECOMMENDED FOR APPROVAL By: CITY OF SANTA ANA 0 Robert Cortez David Cavazos Special Assistant to the City Manager City Manager City Manager's Office 3 6X10 Attest: By: Maria D. Huizar Clerk of the Council Approved as to Forin: By: Lisa Storck Assistant City Attorney SANTA ANA ATHLETIC FOUNDATION a 501(c)3 NON- PROFIT ORGANIZATION By: Signature Name Title 25G -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. TO SUPPORT MICROFARM AND MERCADITO SUMMER WELLNESS PROGRAMS (STRATEGIC PLAN NO, 5,4) CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Charitable Ventures of Orange County Inc. for a one -time donation amount of $2,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Martinez recommends appropriating $2,000 to Charitable Venture of Orange County Inc. to support Santa Ana Building Healthy Communities' two summer wellness programs, a Microfarm program to begin on June 18, 2016 and a Mercadito program to begin on June 29, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 25H -1 Donation Agreement with Charitable Ventures of Orange County Inc. June 7, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $2,000 will be spent from Councilmember Martinez's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Q �e Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25H -2 �`- City Manager's Office- M -31 ;. City of Santa Ana 20 Civic Center Plaza �,. %s1 Donation Request P.O. Box 1986 ''_' Santa Ana, CA 92702 (714) 647.5200 Contact Na,,. iAna Urzua -� Title: Campaign Coordinator Address: 11505 E 17th St, Suite 111 Clty, state, zip: (Santa Ana Ca. 92707 Phone: 714 - 335 -1528 �l Emall: i ana.Urzua @sa- bhc.Org Fax: Organization Name: (Santa Ana Building Healthy Communities c/o Charitable Ventures of Orange County j Tax - Exempt Status: Is your organization anon - profit qr public tax - exempt organization as (Select One: Z defined under Section 501(c)(3) of the Internal Revenue Code? Yes No If No, you will only qualify fora credit for City- related costs for your request (i.e. permit fees, I4 Yes, — staff time, rental rates for facilities or equipment, etc,). Costs for City services vary and if approved, credit may or may not cover full cost of requested City services. Tax ID #: I 20- 8756660 Donation R- . Services Credit Citount Requested: m h-� [Date Needed: 6/1/16 rtinez e e 1 Mayor /Councilmembar: (Ma Lt Direct Payment Amount Readeated: Event Date: 6/29/16 Event Time: $1,000 _.. _�--- ___.,....__ 5pm -- Event Lgoatlon: Address, City, State, Zip First Congregational Church; 2555 Santiago St, Santa Ana, Ca. 92706 In line with the Wellness Resolution approved by the City in June of 2015, community members will be (Description of hosting a summer training open to the public to learn technical skills in growing food, and connect to food (Event / Purpose: I _ justice concepts and principles, towards the creation of a community run microfarm in Santa Ana. Participants will learn to grow culturally relevant, health promoting foods in season, be �ommunity Benefit: knowledgeable of food justice concepts such as the impact of the modern food system on envivirotnnmemrent health, the crucial role of planning inr food and more. daaccess, /—rand Applicant Signature: �YJ1" I Date: 5/5/16 Return completed form �— 7 Mall: City Manager's Office -M -31 20 Civic Center Plaza Email: donationrequest @santa - ana.org Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92762 Donation Request #: i DR Council Meeting Date. —T— —' Eligibility Met: YES l NO Approved Amount: City Manager Signature: Data: Revised 11/1612015 �� T� 25H -4 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and CHARITABLE VENTURES OF ORANGE COUNTY INC., a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in SUPPORTING SANTA ANA BUILDING HEALTHY COMMUNITIES' SUMMER WELLNESS PROGRAMS ( "Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE HEALTH AND WELLNESS ACTIVITIES FOR THE COMMUNITY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of TWO THOUSAND DOLLARS ($2,000) for a program that will begin in July 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to Use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement, This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3A No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding, Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 2 k RECOMMENDED FOR APPROVAL m Robert Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA By: _ David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: ^� Lisa Storck Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY INC. a 501(c)3 NON - PROFIT OR 7N i Signature Name Title 25H -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. TO SUPPORT WILLARD NEIGHBORHOOD'S COMMUNITY CLEANUP EVENT (STRATEGIC PLAN NO. 5,4) CITY MANAGEJC RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Charitable Ventures of Orange County Inc. for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Reyna recommends appropriating $1,500 to Charitable Venture of Orange County Inc. to support Willard Neighborhood's community cleanup event that was held on Saturday, June 4, 2016 , in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 251 -1 Donation Agreement with Charitable Ventures of Orange County Inc. June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,500 will be spent from Councilmember Reyna's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 251 -2 C) City Manager's Office - M -31 City of Santa Ana 20 Civic Center Plaza I. Donation Request P.O. Box 1988 ;l�„P Santa Ana, CA 92702 (714) 647.5200 Name: Marta Rodriguez !Address: 1510 North Parton Street __ ------- ----- -- ----- ..... -------- City, state zip, Santa Ana, CA 92707 _,._ ..... - .--- _...__ !Email: manta @saintpeterlutheran.net !Title: Office Administrator Phone. 1714-542-6781 --- _.... _ _ . __..... -.... ......_ - . Fax Name: Willard Neighborhood - account with Charitable Ventures of OC (501 c(3) - CVOC Tax - Exempt Status: Is your organlzatlon prof anon - it or public tax - exempt arganizatlon as ' ;defined under Section 501(c)(3) of the Internal Revenue Code? tact One: Yes ❑ No If No, you will only qualify for a credit for City- related costs for your request (i.e, permit fees, staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if r approved, credit may or may not cover full cost of requested City services. Tax ID #: IC.VOC-20- 8756660 Amount nested: r !City Services Credit ! q $ !Date Needed; j 05/30/2016 (Mayor /COUneilmembar: Rayne Direct Payment Amount - _....._.�, 1 8;00 am - 12.00 pm $1500 Event Date: 06/04/2016 Event rime: ,Requested: 1 !Event Location: 11510 North Parton Street, Santa Ana, CA 92706 Address, City, Stale, Zip Description of Event lPurpose: ........ . •" a X.lgp wllXnpirlmenmanlapers In NenelgM II— L.mnnge,rtI.r, r1 In— = w e1m yw.ew-111 w -kI.-e lm o 61 Ma.iMI -1IItl ab .bJ a IIInMo1e6 11 'I1111111114 W11111IIIy,W11W TI. 1mme11119 eoXel111eJ nn aeoW.pmxreek ooMp�Ip„ anlom.aAn al=ere ,rM1 W =m mllgaue no ua.nn.e,lro,grle,Pa.neerseml.xr,We.rM1meIpXmmO .rewMMemO,r,y a 16> nm ,c>.uI1M1anee 1 m nr.wr,gmena,en.qr,ruIrwrcnMn.a. .wkmrmrznrpe .w mup ., aaXularernpnala,,l..lXrFa ee wnlm ,wn r Mey 131111111m YOUy f.ttd lnou,llonopal P,um11m11X a1.5lOX -Pp111 SlloM, Santa Pna, Cp9RRM. 'The community benefit is to promote a titter -free neighborhood and community ]Community Benefit: !pride. i ;Applicant Signature: ;,tin 1.- (f, 5/2�),' 1i, Mail: City Manager's Office -M -31 —_ IEmail: donationrequost@santa-ana.org — 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 i Santa Ana, CA 92702 Revised 11/16/2015 251 -4 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and CHARITABLE VENTURES OF ORANGE COUNTY INC., a California 501(c)3 NON- PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with fimding to assist Recipient in SUPPORTING WILLARD NEIGHBORHOOD'S COMMUNITY CLEAN -UP EVENT ( "Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE COMMUNITY OWNERSHIP AND PRIDE. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) for a program that occurred on Saturday, June 4, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terns and conditions provided for in this Agreement. Should Recipient fail to use the fiords for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the Rinds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (t 0 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of Feli 61 -0 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorney fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 2 PUFM RECOMMENDED FOR APPROVAL in Robert Cortez Special Assistant to the City Manager City Manager's Office 9 CITY OF SANTA ANA By: David Cavazos City Manager Attest: m Maria D. Huizar Clerk of the Council Approved as to Dorm: By: Lisa Storck Assistant City Attorney CHARITABLE VENTURES 01 ,A - ;s; COUNTY INC. a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 251 -8 • • • CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH MADISON PARK NEIGHBORHOOD ASSOCIATION TO SUPPORT A HEALTH EDUCATION AND PREVENTION PROGRAM (STRATEGIC PLAN NO. 5,4) CITY MANAGER CLERK OF COUNCIL USE ONLY: UAV111019AWD, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO Authorize the City Manager and Clerk of the Council to execute an agreement with Madison Park Neighborhood Association for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Mayor Pro Tern Sarmiento recommends appropriating $1,500 to the Madison Park Neighborhood Association to support a health education and prevention program that occurred on Saturday, May 21, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25J -1 Donation Agreement with Madison Park Neighborhood Association June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,500 will be spent from Mayor Pro Tern Sarmiento's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25J -2 Clt of Santa Ana City Manager's Office —M -31 y 20 Civic Center Plaza Donation Request P.O. Box 1988 _ Santa Ana, CA 92702 .m,,.. (714) 847.5200 Contact Information Name: Jose Rea tde: Program Director ddress: 1201 S. Halladay St. _ iry, state, zip: Santa Ana, CA 92707 Phone: 714- 357 -6697 or .. City Services Credit ate Needed: a /COUncilmember. Sanniento �r1Coun_ Name: Madison Park Neighborhood Association - GREEN Project Tax - Exempt Status: Is your organization a non -profit or public tax - exempt organization w efined under Section 501(c)(3) ofthe Intemal Revenue Code? If No, you will only qualify fora credit for City- related costs for your request (i.e. permit fees, taff ti me, rentalrates forfacliftles or equipment,etc.).Costs for Cityservices varyandif pproved, credit may or may not cover full cost of requested City services. elect Ona: Yes No r.yx�ea #: 180-0201690 Mall: City Manager's Office —M -31 20 Civic Center Plaza P.O. Box 1988 _ Santa Ana, CA 92702 Email: donationrequest @santaana.org Fax: (714) 647-6954 Revised 11/18/2015 City Services Credit ate Needed: a /COUncilmember. Sanniento �r1Coun_ oust Requested: or I Direct Pa ant Amount equestea 1,500 Event Date: 05(21/2016 Evem Time: 9:00 am to 1:00 PM I Event. Location: James Madison Elementary School -1124 E. Hobart St., Santa Ana, CA 92707 Address, City, State, Zip Health Education and Prevention programs will be offered free of charge to the surrounding Description Purpose: of Event /Purpose: community to promote health and health behaviors among Santa Ana residents, youth and 9 y adults. Residents will receive training and information in CPR, child care seats, safety, legal Community Bement: advise, free books, free child boosters,bicycle helmets, food and vegetables at no cost. W mlil „.,. 0 0 WWI E� Mall: City Manager's Office —M -31 20 Civic Center Plaza P.O. Box 1988 _ Santa Ana, CA 92702 Email: donationrequest @santaana.org Fax: (714) 647-6954 Revised 11/18/2015 25J -4 CITY OF SANTA ANA DONATION AGREEMENT WITH MADISON PARK NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and MADISON PARK NEIGHBORHOOD ASSOCIATION, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A HEALTH EDUCATION AND PREVENTION PROGRAM ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terns and conditions under which the City will provide funding. 2.2 Public Purpose, The City, by recommendation of MAYOR PRO TEM VICENTE SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it will PROMO'T'E HEALTH AND HEALTH BEHAVIORS, INCLUDING PROVIDING TRAINING FOR CPR, VEHICLE SAFETY, AND BICYCLE SAFETY. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) for a program that began on Saturday, May 21, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the fiords for such purpose or otherwise comply fully with the terns of this Agreement, City shall have the right to terminate this Agreement and demand the return of the ftmds pursuant to Section 3.2 below. 3.2 Tern; Tennination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement, I3— 33 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shalt be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sine negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 2 J61 V2 RECOMMENDED FOR APPROVAL By: Robert Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: _ Maria D. Huizar Clerk of the Council Approved as to Form: By: : , Lisa Storck Assistant City Attorney MADISON PARK NEIGHBORHOOD ASSOCIATION a 501(c)3 NON - PROFIT ORGANIZATION By: _ Signature Name Title 2534 25J -8 -:. 0 , •. - CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH THE DELHI CENTER TO SUPPORT A SUMMER ENRICHMENT CAMP (STRATEGIC PLAN NO. 5,4) 7:: _1� CITY MANA ffgEi1 l • CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the Delhi Center for a one -time donation amount of $2,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Mayor Pro Tern Sarmiento recommends appropriating $2,500 to the Delhi Center to support a summer enrichment camp that will begin in June 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25K -1 Donation Agreement with the Delhi Center June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $2,500 will be spent from Mayor Pro Tern Sarmiento's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez .hscr Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25K -2 City of Santa Ana Donation Request Name: Jenny Rios Title: CEO Address: 505 E. Central Ave City Manager's Office— 11141 20 Civic Center Plaza P.O. Box 1986 Santa Ana, CA 92702 (714) 647 -5200 city, state, zip: Santa Ana, CA 92707 Phone: 714- 481 -9601 Email: jennyrios @delhicenter.org Fax: 714- 481 -9698 • .. Im am Name: Delhi Center Tax - Exempt Status: Is your organization a nonprofit or public tax - exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? 7 Yes ❑ No If No, you will only qualify fora credit for City - related costs for your request (i.e. permit fees, If Yes, staff time, rental rates for facilities or equipment, etc), Costs for City services vary and if 95262 ®952 approved, credit may or may not cover full cost of requested City services. Tax ID 0: •s a -a City Services Credit $ Date Needed: June 30, 2016 Mayor /Councitmembor. Sarmiento Amount Requested: Direct Payment Amount $ 2 500 Event Date: Requested: 6 -20 to 8 -19 Event Time: M -F 7:30 ann -5:30 pm Event Location: 505 E. Central Ave. Santa Ana, CA 92707 Address, City, State, Zip Summer Enrichment Camp Junior Leader Training', A comprehensive 9,week mortaring and job skills trebling program, where professional insbucim's will train Description of and guide Junior Leaders in are areas of teaching, recreation, visual and pererming arts. fashion and madaling, costume and set design. and media arts. Training will also include Business Etiquette, Life Skills, Guest Speakers, Financial EducatioNeudgeting, horses Techniques, and Career Exploretien. Event / Purpose: participants will learn interviewing and storytelling techniques and will explore the arts, culture, and the use of mixed media to create a film to showcase the rich history of their lives and their community. Junior Leaders (ages 14 -19) will gain job training and experience by assisting professional inatruchera with the implementation of the Community Benefit: Summer Enrichment Camp for children ages &Q. Junior Leaders will be Instrumental in developing a mufti-media production to highlight the accomplishments of program participants that wfll be presented to the control at a variety of events to emphasize the posNive contributions of young people in in Ommunily.` .I Applicant Signature:/' Date: May 11, 2016 Mail: City Manager's Office — M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donatlonrequest@santa- ana.org Fax: )714)647 -6954 i)onnton RequeSt R OR- Coum:d Nieclmg Daie- Ehgibrlity Mob `r ES / NO Apprmrod Amount' :J2Y Manager Signature. Date. Revised 11/16/2015 s9 25K -4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE DELHI CENTER 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 71 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and the DELHI CENTER, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit, The City wishes to provide Recipient with funding to assist Recipient in HOSTING A SUMMER ENRICHMENT CAMP ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose, The City, by recommendation of MAYOR PRO TEM VICENTE SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE YOUTH TO PARTICIPATE IN A. MENTORING AND JOB SKILLS TRAINING PROGRAM. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3:1 Use of .Funds. The City has chosen to provide Recipient with a one -time payment of TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500) for a program that will begin on Monday, June 20, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum.. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fiords will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and Exhibit 2 25K -5 CITY OF SANTA ANNA DONATION AGREEMENT Page 2 of 3 participant waiver /release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City, Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 35 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and hannless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding, Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification, This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreernents. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 25K -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL By: Robert Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By. ��- J6fin M. Punk Assistant City Attorney DELHICENTER a 501(c)3 NON - PROFIT ORGANIZATION By: Signature 25K -7 Name Title 25K -8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH THE DELHI CENTER TO SUPPORT A SUMMER ENRICHMENT CAMP (STRATEGIC PLAN NO. 5,4) CITY MANAGER RECOMMENDED ANION CLERK OF COUNCIL USE ONLY: 0202017 ❑ 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 Clerk of the Council to execute an agreement with the Delhi Center for a one -time donation amount of $1,000, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Amezcua recommends appropriating $1,000 to the Delhi Center to support a summer enrichment camp that will begin in June 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25L -1 Donation Agreement with the Delhi Center June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Councilmember Amezcua's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: c Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25L -2 City of Santa Ana Donation Request City Manager's Office — M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 6474208 Contact' a s Name: (Jenny Rios "Title: CEO Address: 505 E. Central Ave City, state, zip: !. Santa Ana, CA 92707 (Phone: 1714 -481 -9601 jEmail: jennyrios @delhicenter.org Fax: 1714- 481 -9698 Ornanization Informatic Name: JDelhi Center i Tax - Exempt Status: Is your organization a non - profit or public lax - exempt organization as Select One: ;defined under Section 501(c)(3) of the Internal Revenue Code? F Yes ❑ No l No, you will only qualify fora credit for City - related costs for your request (i.e. permit fees, I - - - -- f (staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if Yes, 952620952 approved, credit may or may not cover full cost of requested City services. Donation; City' __._— _— ______,_ -Ir _.. lA Services Credit iS (Date Needed: June 30, 2016 IMayoricounciimember. IAmezcua (Amount Requested: I (Direct Payment Amount Requested: $11,000 IEventDate: 6 -20 to 8 -19 Event rime: M -F 7:30 am -5:30 pm i Event Location: 1505 E. Central Ave. Santa Ana, CA 92707 IlAddrase, City, State, Zip I Summer Enrichment Camp: A comprehensive menu of age abridgment activities for youth bass 01013, and ages 14 to 19. The dual goals of the program are to provide Description of I chalahchtgemichor l activities using avidm.c bnaed Prevention ovoidales for both age groups, while providing older pedioipante Wo, 21 at Cealury skills to help them p Ibecome wllagoand career ready. Activities will Include physical ninths, visual and padonning Otte, video pmdualbn, and other opportunities that will help them develop I Event i Purpose: I healthy Iifeeryles, develop dllllrod thinking skills, and cam respect Participants will learn interviewing and storytelling techniques and will Media a film producllon to showcase the rich history of their lives and their dannin lly. Older padlclpant vil ad es Junior Leedere and will engage in a training component for leadership development. I nofunding will cover the cost of 2 Santa Ana youths from Ward 3 for the full 9 week ramp where they will be engaged in challenging, educational, and healthy acgvilas I which will lead to an end dof -s miner indeci Lion that will serve as to vehicle to aimwcaae their accomplishments and their community, Junior Leaders will gain job minion} and I Community Benefit: erpanena whla bev,gm.ntoratl by college ctutlentsand wdl pol.ntielly 6erva ae g. pool Orqualiged mwre Inatmctpra br ekpandetl pmgnmming. Therummercamprvi eery.... p Ot program In order IO mont to Its Wri On Itla youth served and t0 nab it,. .suite As the bass for a filly deeralepatl program for which mall Carter tall seek grant kniningn order t. condl to p.,,do quality, ve pewhimn programs for at Oak youth. �Appucantsignature: _ (Date: May 18, 2016 • •. Mail: City Manager's Office — M -31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 947.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: OR ftefareace 4 on arl,alaled » °V:: Council Meeting Date' Lilginility feet YES I NO City Manager Signature, Apptavud Amount � 5�T � Date. Revised 11/1612015 25L -4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE DELHI CENTER 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and the DELHI CENTER, a California 501(e)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A SUMMER ENRICHMENT CAMP ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER AMEZCUA, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE YOUTH TO PARTICIPATE IN A MENTORING AND JOB SKILLS TRAINING PROGRAM. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND DOLLARS ($1,000) for a program that will begin on Monday, June 20, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terns of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Tennination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the fiords. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and Mig participant waiver/release protections. This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, tosses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter A red ement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. P. K 62 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA C By: Robert Cortez David Cavazos Special Assistant to the City Manager City Manager City Manager's Office Attest. Fay: Maria D. Huizar Clerk of the Council Approved as to Form: BY: ,,c�n.� -•- Lisa Storck Assistant City Attorney DELHI CENTER a 50I(c)3 NON - PROFIT ORGANIZATION 9 Mil Signature Name Title 25L -8 i A CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH HUMAN OPTIONS INC. TO SUPPORT AN ANNUAL BLUE RIBBON EVENT {STRATEGIC PLAN NO. 5,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1 =091T Ott ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Human Options Inc. for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. DISCUSSION On August 4, 2015, City Council adopted Resolution 2015 -042 establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non - profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non - profit organizations. Councilmember Amezcua recommends appropriating $1,500 to Human Options Inc. to support their annual Blue Ribbon Event that was held on Saturday, April 23, 2016, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 25M -1 Donation Agreement with Human Options Inc. June 7, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,500 will be spent from Councilmember Amezcua's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez CY Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25M -2 City Manager's Office - M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 a Santa Ana , CA 92702 (714) 647-5200 alinforrination Name: Claudia Flores r kSFRC Site Supervisor lAddress: —IP.0. Box 53745 ---d-[1—rvineCA. 6276il) Phone (714 972-5763 city, State, Zip: — Fiio res@humanoptions.org 714) 972-5781 • anizationinforrinthati ion Name: lHuman Options Tax- Exempt Status: Is your organization a n i0l�itubktax-exampt organize llon as defined under Section 601(c)(3) of the Internal Revenue Code? Select a On;. �`Uct — No If No, you will only quality for a credit for City-related costs for your request(. Ul. permit fees, If Yes staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if pq approved, credit may or may not cover full cost of requested City services. Tax to 95-3667 city services Credit 1$ FDat, Nodded. [06/25/20115 [fifilyor/Councilmember. [Anrarccu, Amount Requested: 1500 �Ev-ent D-ate—:[0-4/23/20-16----[Event — -------- - Time: 3pm Event Location: Minnie Street Family Resource Center (MSFRQ) 1300 E. McFadden Ave, Rm 13, Santa Ana, 92705 Address, City, State, Zip The The annual Blue FrIalnon Event Is a one ortwo dayrree program during the month of April that offers various activities for families in the Description of Santa a Ana a c g community. The purpose Is to highlight areas of wellness and safety that bring awareness to Child Abuse Prevention, Activities [range Event /Purj from educational sell for parents, youth and children, physical fitness activities, a community resource fair and fun for the whole family. The Proposed ratre active donation would be used to support the MSFRC services US Well as the annual Blue Ribbon Event. Participants engage In healthy and fun activities for the whole family to Increase cohesiveness and parent-child passive relationships (such Community Benefit: as a color run, games, Zumda, arts & crafts, free books and a corner for children and parents to read). It Is also all opportunity for parent leaders and local Service providers to engage the camirl Increase connectivity and linkage to needed resources and offer community service hours to high school volunteer Students. Participants Increase their knowledge about Child Abuse and Teen Dating Violence. Applicant Signature: ia A 4 01P leted foirm Will ['A 0-11 M City Managers Office -M -31 Email: domationrequest@.ann -sm. —.rg m 0 a 2, C, Vic Center Plaza �F (7ln4)647-6954 P.O. Box 1988 Santa Ana, CA 92702 I ---------- It iii ,j18rF 189 A° , 'T er ir. EINIM , - - "', r vir Donation Request III: DR Council 0 or, all related OPIle Council Meeting Date: Eligibility Met: YES I NO Approved Amount: Crew. -- -------- Revised 11116/2015 25M -4 CITY OF SANTA ANA DONATION AGREEMENT WITH HUMAN OPTIONS INC. 1. PARTIES AND DA'L'E This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and HUMAN OPTIONS INC., a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipient "). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING AN ANNUAL BLUE RIBBON EVENT ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE HEALTH AND WELLNESS ACTIVITIES THAT INCREASE COHESIVENESS AND POSITIVE PARENT -CHILD RELATIONSHIPS. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500) for a program that was held on Saturday, April 23, 2016, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the Rinds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers. Insurance or Other Obligations. For put-poses of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of MT t injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver /release protections. 'This right shall be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on Forms, in amounts and with provisions acceptable to City. 3.4 No Oversight by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acknowledges and agrees that Recipient shall assume all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and /or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Recipient's obligation to indemnity shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract /Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. �]_I' MI RECOMMENDED FOR APPROVAL, CITY OF SANTA ANA - By: — Robert Cortez David Cavazos Special Assistant to the City Manager City Manager City Manager's Office Attest., Maria D. Huizar Clerk of the Council Approved as to Form: By: Q Lisa Storck Assistant City Attorney HUMAN OPTIONS INC. a 501(c)3 NON - PROFIT O i r 11, 4 i7 t''?tMN By: Signature Name Title 3 25M -8 REQUEST FOR COUNCIL ACTION D]W911011111,111 15011111111111 Jj14:111 k1lel 07-, 194 JUNE 7, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -13 TO ALLOW A BANQUET FACILITY AND VARIANCE NO. 2016 -03 FOR A REDUCTION IN REQUIRED PARKING FOR CENTRO CULTURAL BANQUET HALL LOCATED AT 1002 EAST SEVENTEENTH STREET, UNIT M - RAUL BALDERRAMA, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANAGER/ RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ET-1-011071ERW ❑ 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 denying Conditional Use Permit No. 2016 -13 and Variance No. 2016 -03. PLANNING COMMISSION ACTION At its regular meeting on May 9, 2016, by a vote of 5:0 (McLoughlin and Verino absent), the Planning Commission adopted a resolution denying Conditional Use Permit (CUP) No. 2016 -13 to allow a banquet facility and Variance No. 2016 -03 for a reduction in required parking at Centro Cultural Banquet Hall located at 1002 East Seventeenth Street, Unit M in the Community Commercial (C -1) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Centro Cultural Banquet Hall occupies a 5,699- square foot tenant suite without the required permits on a 3.77 -acre shopping center at the southwest corner of Lincoln Avenue and Seventeenth Street. Two commercial buildings, one of which contains a Hometown Buffet restaurant, are located on the site. The other, larger commercial building contains a mix of restaurant, service, office, and laundry uses, as well as the subject banquet facility, currently operating without permits. The entire site contains 231 parking spaces. The subject facility has been operating without the necessary life safety equipment, permits, and land use entitlements since at least 2011. The tenant and property owner were first notified in 2011 that banquet facilities require approval of a CUP. Following this notification, the tenant and property owner were cited with a notice of violation, which required application for a CUP, a City business 31A-1 CUP No. 2016 -13 & VA No. 2016 -03 — Centro Cultural Banquet Hail -1002 East Seventeenth Street, Unit M May 17, 2016 Page 2 license, a certificate of occupancy, and plan check for the equipment that was installed without permits, After the operator and property owner failed to comply with the City's enforcement efforts, the matter was prosecuted by the City Attorney's Office. Although scheduled for hearing, the court continued the case at the applicants request. However, because of the numerous building code, site, and parking Issues, staff recommended denial of the CUP and variance applications. On May g, 2016 the Planning Commission, after conducting the public hearing, denied Conditional Use Permit No. 2016 -13 and Variance No. 2016 -03 for the subject project, The decision followed evidence submitted at the hearing by staff and extensive input from members of the public who attended and provided testimony describing the impacts of the operations on the single - family neighborhood that surrounds the project site. 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 #3 - Objective #2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. �an !/� Y Hass Hag anI Y CP Executive Director Planning & Building Agency AP :rb spVaportNtaff Reports for CCtCUP1 s�18 V,A104 Centro Cultural Sanqutit.co Exhibit: A. Planning Commission Staff Report 31A-2 Economic Development, and encourage private REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2016 TITLE: PUBLIC HEARING — FILED BY RAUL BALDERRAMA FOR CONDITIONAL USE PERMIT NO. 2016-13 TO ALLOW A BANQUET FACILITY AND VARIANCE NO, 2016 -03 FOR A REDUCTION IN REQUIRED PARKING FOR CENTRO CULTURAL BANQUET HALL LOCATED AT 1002 EAST SEVENTEENTH STREET, UNIT M (STRATEGIC PLAN NO. 3, 2) Prepared by Ali Pezeshkpour �E ecuti Director �� PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTIONS 1. Adopt a resolution denying Conditional Use Permit No. 2016 -13. 2. Adopt a resolution denying Variance No. 2016 -03 Request of Applicant Planning Manage Raul Balderrama, representing Centro Cultural Banquet Hall, is requesting approval of a conditional use permit (CUP) to allow a banquet facility at 1002 East Seventeenth Street, Unit M. Banquet facilities in the Community Commercial (C -1) zoning district require approval of a CUP pursuant to Section 41- 385,5(j) of the Santa Ana Municipal Code (SAMC). In addition, the applicant is requesting approval of a variance from SAMC Section 41 -1359 to allow a reduction in the number of required parking spaces for the banquet facility. Proiect Location and Site Descriptlon Centro Cultural Banquet Hall occupies a 5,899 - square foot tenant suite without the required permits on a 3.77 -acre shopping center at the southwest corner of Lincoln Avenue and Seventeenth Street. Two commercial buildings, one of which contains a Hometown Buffet restaurant, are located on the site. The other, larger commercial building contains a mix of restaurant, service, office, and laundry uses, as well as the subject banquet facility, currently operating without permits. The entire site contains 231 parking spaces. Surrounding land uses include single - family residences and a multiple - family residence to the west, residential and commercial to the north across Seventeenth Street, commercial uses to the east across Lincoln Avenue, and single - family residences to the south across Dorman Street (Exhibits 1, 2 and 3). The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial EXHIBIT A 31A-3 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 2 development along the City's arterials as well as provide supportt facilities and services, including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the Community Commercial (C -1) zoning district. The C -1 zoning district allows for commercial and service uses such as banquet facilities, making the proposed use consistent with the zoning designation. Protect DescrilDtion The applicant is requesting approval of a CUP and a variance to allow a banquet facility to legally operate at the subject property. Pursuant to Section 41 -199.1 of the SAMC, banquet facilities require installation of kitchen facility equipment, including an oven, stove, refrigeration, freezer, exhaust hood, grease receptor, cutting and preparation areas, dishwashing area or machine, employee sink and mop, and appropriate counter /service facilities. Moreover, the SAMC requires compliance with California Building Code standards, security guards, and adequate exterior lighting. If the discretionary applications are approved, the applicant will need to apply for all required permits to legalize the aforementioned equipment that was installed without the benefit of such permits. Moreover, because the applicant installed the equipment without permits, the applicant will be required to submit detailed plans for plan check to verify conformance to the latest requirements of the California Building Code. This plan check will ensure the structure and public's safety in the event of an incident at the facility. Finally, the applicant will need to submit detailed security plans to provide adequate exterior lighting and security guards at the site, which the site currently lacks. Because the site does not meet the City's current off - street parking standards, the project also requires approval of a variance application for a reduction in required parking for banquet facilities. The integrated development site, including the Hometown Buffet restaurant building, contains 231 parking spaces. Based on the City's off - street parking requirements, 278 parking spaces are required for the existing mix of tenants. Approval of the banquet facility would increase the required parking spaces for the entire center to 491 spaces, which the site is not able to provide. As a result, approval of a variance application is required to allow a 47- percent reduction in required off - street parking, which will continue the negative impacts to the surrounding residential community and to other tenants at the integrated development site. The proposed hours of operation are 4:00 p.m. to 12:00 a.m. (midnight), seven days per week. The operator proposes to utilize the banquet facility for a variety of private events, including family gatherings, weddings, private parties, and reunions. No alcohol sales are proposed at this time. 31A-4 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 3 The integrated development site was originally developed in 1955 with a freestanding building that contains the Hometown Buffet restaurant. In 1986, the site was further developed with the multi -unit commercial building that contains the subject banquet facility. The center contains a variety of commercial business types, including three eating establishments, office, retail, and service uses, a laundry facility, a fitness studio and a vacant tenant space. Following expansion of the site in 1986 to include the multi -unit commercial building and additional parking spaces, the tenant mix and changes to the City's off - street parking standards resulted in the site becoming legal nonconforming in meeting the number of required off - street parking spaces. Pursuant to the City's nonconforming codes, new tenants that replace existing tenants may do so without the need for approval of a variance if the new tenants' parking requirements are below or match the existing tenants' parking requirements. Because banquet facilities require more parking than what was required by the previous tenant in Unit M, approval of a variance application to allow a 47- percent parking reduction in tandem with the CUP application is required. The subject facility has been operating without the necessary life safety equipment, permits, and land use entitlements since at least 2011. The tenant and property owner were first notified in 2011 that banquet facilities require approval of a CUP. Following this notification, the tenant and property owner were cited with a notice of violation, which required application for a CUP, a City business license, a certificate of occupancy, and plan check for the equipment that was installed without permits, After the operator and property owner failed to comply with the City's enforcement efforts, the matter was prosecuted by the City Attorney's Office. After a hearing, a judge reviewing the matter provided the applicant time to apply for the required entitlements to attempt to legalize the land use. However, because of the numerous building code, site, and parking issues, staff recommends denial of the CUP and variance applications. In August 2015, the applicant submitted plans to the City for review by the Development Review Committee. Analysis at the time indicated a lack of required parking, the inability to pursue a shared parking strategy, and the lack of conformance to the California Building Code. As a result, Site Plan Review was denied. The applicant elected to proceed with the current CUP and variance applications in March 2016. Project Analysis Approval of the subject CUP and variance applications would enable the applicant to pursue applications for a City business license, certificate of occupancy, and permits and plan check. However, using the required findings of fact contained within the RAMC, staff has prepared the following analysis to recommend that the Planning Commission adopt respective resolutions denying the proposed project. 31A-5 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 4 The surrounding community has been experiencing the negative impacts of the banquet hall, which has operated without permits since at least 2011. These impacts, including life safety concerns, noise, insufficient parking, economic impacts, and congestion, are detailed in the following subsections. If the CUP and variance applications are approved, these negative impacts at the project site and in the surrounding community will continue. CUP No. 2016 -13 (Banquet Facility Use 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 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 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; and 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. Because all of these findings cannot be made for the subject application, staff recommends denial of the CUP application, Staff is unable to make all the necessary findings to support the banquet facility due to adverse impacts to the adjacent single - family neighborhood, the significant building upgrades that are necessary to permit the facility to address noncompliance with health and safety codes, and insufficient parking. Location of the Proposed Facilit The banquet facility is located in a multi -unit shopping center that is located in close proximity to a residential neighborhood. High- impact land uses such as banquet halls generate a multitude of negative impacts to the surrounding community, including noise, traffic, and parking impacts when located in areas with insufficient parking, perimeter walls, and setbacks. The site on which the facility is proposed was developed with a commercial building built with a five - foot setback from the adjacent residences. A five -foot setback between the commercial building and adjacent residences is insufficient to provide an adequate buffer between a high - impact land use such as a banquet hall and sensitive land uses such as single - family homes, especially in the event of an emergency at the site. Moreover, the perimeter block wall separating the commercial building from the residences is less than five feet in height. This low wall cannot adequately block the noise generated by the banquet hall and does not afford the surrounding single - family homes adequate privacy when individuals congregate outside the building near the homes. 31A-6 CUP No. 2016 -13 Variance No. 2016 -03 May J, 2016 Page 5 Finally, banquet halls generate large groups of patrons who congregate before and after events. Because of the site's design and the location of the banquet facility, groups that congregate before and after events generate additional negative impacts to the surrounding community. These impacts often include trash and dumping; noise, and loitering during late hours after banquet events. Because the site is insufficiently parked, these impacts occur both at the project site and on surrounding streets in residential areas. Building Code and Life Safes Issues Significant upgrades are required to the site and subject tenant space, Unit M, to accommodate the proposed banquet facility. To implement these upgrades, the project will require substantial investments in fire and life safety equipment such as alarms and the existing sprinklers, additional fire -rated wall separations between units, and possibly new emergency exits to meet the latest requirements of the California Building Code. The changes to the building will require significant investment resulting in major alterations to the building. In addition, a new grease interceptor will need to be installed to prevent fats, oils, and grease from entering the City's sewer system. Depending on the occupant load and capacity of the fire sprinklers, the subject location could require additional emergency exits that would allow evacuation to the rear of the property adjacent to single- family neighborhood. Moreover, the installation of necessary alarms would exacerbate noise impacts to the surrounding community in the event of an emergency or mass evacuation. These building - related improvements will degrade the quality of life for residents in the area if the banquet facility were to operate even with the required permits. Variance No. 2016 -03 (Parking) Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown 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; and that the granting of the variance will not adversely affect the General Plan. Because all of these findings cannot be made for the subject application, staff recommends denial of the variance application. The integrated development site at which the banquet facility currently operates contains 231 parking spaces. Pursuant to the off - street parking standards in the SAMC, the site is already deficient by 57 parking spaces given the current tenant mix at the center, which includes three restaurants and a mixture of office, service, and retail tenants. Although one of the tenant suites currently contains a tax preparation service that is seasonal in nature, the parking requirements are equal to those of a year -round service /retail use in case another service /retail business were to occupy the tenant suite in the future. If the banquet facility CUP were approved at the subject site, 491 parking spaces would be required to meet the demands of the existing tenants and the banquet facility, resulting in a parking deficiency of 260Syrl5ing� paces CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 6 The City, in tandem with efforts by the Orange County Transportation Authority (OCTA) and the LOSSAN railroad corridor, has plans to construct a grade separation at Seventeenth Street, Lincoln Avenue, and the LOSSAN tracks. Construction of the separation will result in significant Impacts to the center, with the loss of approximately 18 additional parking spaces. This loss will further exacerbate the off- street parking requirement deficiency at the center; introduction of a high - impact land use such as a banquet facility at the center will result in additional impacts to surrounding street parking and residential communities as patrons of the center seek parking off the project site. On -Site Parkina Deficienc As part of the applicant's request, staff conducted an analysis of the existing tenant mix and parking scenario to determine if a shared parking approach is possible for the site. Banquet facilities hold the majority of events during evening hours, which are also the peak times for eating establishments. The site currently contains three eating establishments; Super Antojitos Express (Unit A), Cholulas Restaurant (Unit F), and Hometown Buffet. If only these three tenants and the proposed banquet facility remained open at night, and all other tenants ceased business activity in the evening hours, the center would require 361 parking spaces to satisfy the off - street parking demands generated by these tenants. Because the 361 parking spaces required to satisfy their demands exceeds the existing 231 parking spaces currently provided on the site, a shared parking approach is not feasible at this location. Moreover, the loss of approximately 18 parking spaces in the future will reduce this figure to 213, further exacerbating the inability to share parking among tenants during evening hours. Approval of the variance application will negatively affect the multi - tenant center. The tenants, already facing insufficient parking for employees and patrons, will be unable to provide enough parking to clients during daytime and evening hours. This will result in difficulty leasing spaces to other potential tenants, leading to increased vacancy at the site and to increased blight. Finally, impacted parking at the center will result in negative impacts to the ability of emergency responders to quickly and safety service incidents at the center. Negative Impacts to the Surrounding Community The insufficient parking provided on the site continues to negatively impact the surrounding community. Due to a lack of parking availability at the site, patrons of restaurants and /or the banquet facility seek other parking options on local streets and in residential neighborhoods. Patrons of all businesses at the center who park in the surrounding community are constricting the supply of street parking for the local residents, resulting in reduced quality of life for the residents in the surrounding neighborhood. These impacts will continue if the variance and CUP applications are approved. 31A-8 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 7 The congestion generated by patrons parking in the surrounding community poses safety hazards to motorists, cyclists, and pedestrians using those streets. Congestion creates an unsafe environment for cyclists and pedestrians who are negatively impacted by excessive vehicular traffic and street parking on residential streets that are not designed to accommodate high - impact land uses such as banquet facilities. Moreover, patrons returning to vehicles after banquet events during late hours generate noise that degrades the quality of life for residents in the area. Finally, the Impacted on- street parking negatively impacts the abilities of emergency responders to quickly and safely service the area. Emergency vehicles will not be able to locate sufficient parking areas to respond to incidents in the residential community adjacent to the project site. General Plan Impacts As a result of the project site's location and the insufficient parking provided on the site, the proposed use will adversely affect the General Plan. Land Use Element Policy 2.5 supports balancing economic and fiscal benefits of commercial development with impacts on the quality of life in the City. The proposed use will negatively impact the surrounding community by creating detrimental parking impacts and congestion. Because no additional parking options are available on site, the project does not support Policy 2.10, which supports new development that is harmonious in scale and character with existing development in the area. In addition, the proposed applications do not support numerous policies in Goal 5 of the Land Use Element, to ensure that the impacts of development are mitigated. These include Policy 5.2, to protect the community from incompatible land uses; Policy 5.5, to encourage development that is compatible with surrounding land uses; and Policy 5.7, to anticipate that the intensity of new development does not exceed available infrastructure capacity. Public Notification Staff has been in communication with residents of the surrounding residential community and other tenants at the center since the project was first submitted to the City for review in August 2015. These individuals have expressed concern about the current operations of the banquet facility and the potential for the project to seek the required land use entitlements and permits to operate. These individuals also provided details about the negative impacts generated by the high - impact land use; these details are included in the preceding Project Analysis section. The project is not located within the boundaries of an established Neighborhood Association. However, staff contacted the presidents of the nearby Fairhaven, Park Santiago, and Grand Sunrise neighborhood associations to ensure that they were notified of this project and to identify any areas of concern with the project. The presidents did not identify any areas of concern with staff's negative recommendation. One of the individuals contacted by staff expressed his support for staff's negative recommendation, citing the deleterious impacts of the banquet facility's operations to neighbors in the vicinity. 31A-9 CUP No. 2016 -13 Variance No. 2016 -03 May 9, 2016 Page 8 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. e In accordance with the California Environmental Quality Act the recommended action is not subject to CEQA as staff is recommending denial of both the CUP and variance applications. If the project is denied, no further CEQA analysis will be required. 5trateaic Plan Alignment Denial 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). Staff recommends denial of both the CUP and variance applications to encourage a healthy tenant mix at the project site that is supported by sufficient amounts of off - street parking. Approval of the project will be detrimental to the economic health of the center and discourages additional private investments in other tenant suites at the site due to the impacts of insufficient off - street parking. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission deny Conditional Use Permit No. 2016 -13 and Variance No. 2016 -03. �r Ali Pezeshkpour, AICP Senior Planner AP:jm aplreporis \Staff Reports for PC \CUP16 -13 VA16 -3 Centro Cultural 6anquet.pe Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit A — Site Plan Exhibit 5 — Floor Plan 31A -10 HD r2r al 1 ' O Rz i Rl RI '� al CS Rl Rz + Rl 9 Rl RI Rl Rl c 2 tens der Rl Rl : t. 82 'PA Ri Al I x, 81 R O L4 R2 z R2 dii R1 RI.fl ,mzn. _ Hs RI C4 Y 50-73 \ F CS Clce .... s L�.... 4 "� Ili Ilil Rd 93 ae"n1 •° R1 E RI r ft1 a Ci giv n s'n w m ❑u nz Nt C2 a `I CDD �Q PRQJE R1 Rl 5 Mt YY`�4v. /sSq Rl °� I sP m sj w nt n 0 ; AAi �T,y 2 nr_;s. CS P M2 £ I cz m nt q` ° R1 f „5 a Si,.3 s?I u .� _ M1 m fiR�Fh R1 a U a Sp-3 .'.« M2 R2 0 SP-3 I , V. 6e fl2�x nMa hii D Pi li� 1 B SF 3 sp ❑fieew \ \��mP) n G 'a 0 O \. \ f Al GENERALAGRCULTIRALt CR COMMEROALPSUWTAL RI 9NCIEFAMILYFSGWRAL -B H\RMGM0DRCAi1ON GC. GOVBNMWFCW1Bi R2 MOFAMILYRODWCE Goat ODMMER3ALS1UIH MAIN Mi UC3iTINDUSRdAL W MULTIPLUENSlYMULTR.E 01 COMMUNROOMMMIAL M2 HEAWINOUSRtAL FAMILYFODWCE GI�MD CCMM. COMMOOAUMU',.i.UM O"M MO MIUTARYOPEPATONS Rt WW484NAFARTMWM C2 ( ERALCOMM90AL O OFEN S'ACE 1S RSDWTALE WS C3. CENMLDLSNEM A R�OFMSONAL. GD MRCDEVIOWWr alA CNiRALGU9NMARREFMLWGE FIX} RANNEDOOMMUN17YOWaDWENT S' M90RAN CA RANNEDEHORRNGCENTER Rai RANNEDR'.BDaML DEVFIORMENT 05 ARIEIALOOMME CAL CUP 2016 -13 &VA 2016 -3 4, CENTRO CULTURAL BANQUET HALL 1002 EAST SEVENTEENTH STREET, UNIT M - _ =500 F9T r = I ODa FEEL P L A N N I N G A N D G U I L D I N G A G E N C Y w'Er4, CUP 2016 -13 &VA 2015 -3 CENTRO CULTURAL BANQUET HALL 1002 EAST SEVENTEENTH STREET, UNIT M w' 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 -12 CUP 2016 -13 & VA 2016 -3 CENTRO CULTURAL BANQUET HALL 1002 EAST SEVENTEENTH STREET, UNIT M SITE PHOTO A Tf3 L-2v= ---------- ----J 19AXIS HI L I I — . al 11J Et �-FTI fito V, Goa: - la o RAI f�] Gli-�IILIAII-j J-01J. I I I I I i I 1 11 1111 Isa-dis NVMOG N Ra�� -,M�V g HAI H. o �l nm M _ �94(F MJ'VM Va%Y9 Ogm�r..n AAJWBfIE "'°,,• •Q - VINVNNBQ'1VII7�1]Y2[ OE ° NOIS.9N i --7 ° P�IIOed c 3 J ..� Y �.-�'" � Q €� j it g4 F x�� UP; � r sKi iH o .._....! 0 aaa in; 7 d y 5 v C �y UL - 3I ACV N�Ii�T 5 OD -D-', \�l a w I LS 5.9.16 RESOLUTION NO.2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA DENYING CONDITIONAL USE PERMIT NO. 2016 -13 TO ALLOW A BANQUET FACILITY AND DENYING VARIANCE NO. 2016 -03 TO ALLOW A REDUCTION IN REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1002 EAST SEVENTEENTH STREET, UNIT M 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. 2016 -13 to allow a banquet facility in the Community Commercial (C -1) zoning district pursuant to Section 41 -365.5 (j) of the Santa Ana Municipal Code (SAMC) at the property located at 1002 East Seventeenth Street, Unit M. B. Applicant is also requesting approval of Variance No. 2016 -03 to allow a reduction in required parking pursuant to SAMC Section 41 -1359 for a banquet facility proposed at the property located at 1002 East Seventeenth Street, Unit M. C. On April 25, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -13 and Variance No. 2016- 03. At the hearing, following a request by the property owner, the Planning Commission voted to continue the item to the May 9, 2016 regular meeting. D. On May 9, 2016, the Planning Commission held duly noticed public hearing on Conditional Use Permit No. 2016 -13 and Variance No. 2016- 03. E. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to deny this Conditional Use Permit (CUP) pursuant to Santa Ana Municipal Code Section 41 -365.5 Q), have been established for Conditional Use Permit No. 2016 -13 for the proposed banquet facility: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. Resolution No. 2016 -xx 31A-16 Page 1 of 7 The proposed banquet facility will not provide a service to the community. The commercial center in which the facility is proposed is insufficiently designed to accommodate a high - impact use such as a banquet facility. The low perimeter block wall that separates the commercial building from the adjacent residential land uses is insufficient to mitigate the Impacts from noise and congregation activities generated by a banquet facility. Moreover, the minimal setback between the commercial building and the adjacent residential land uses does not provide an adequate buffer between a high - impact land use such as a banquet facility and sensitive land uses such as the single- family residences that surround the project site. In addition, substantial upgrades required to the building for the banquet facility, including additional emergency exits near sensitive land uses and emergency alarms, will negatively impact the well -being of the neighborhood in which it is proposed. 2. 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. The proposed banquet facility will be detrimental to persons residing or working in the vicinity because the banquet facility's location and off - street parking requirements contribute to negative impacts to the health, safety, and general welfare of persons in the vicinity. The constricted parking supplies on the project site result in negative impacts to the surrounding community that will pose risks to motorists, cyclists, pedestrians, and emergency response vehicles in the neighborhood. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will adversely affect the economic stability of the area because it reduces the viability of the site to accommodate other businesses and their parking requirements. The construction of a high - impact use such as a banquet facility at a center that is already deficient in parking reduces the economic viability of the area, causing negative impacts to the existing and potential tenants at the integrated development site and causing nuisances and risks to the surrounding residential community. The inability of existing tenants to meet the needs of their patrons, the difficulty in leasing existing vacant tenant suites due to Resolution No, 2016 -xx 31A-17 page 2 of 7 reduced parking, and the negative impacts to the surrounding residential neighborhoods will continue to result in negative impacts to property values and the possibility of increased blight. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will not be in compliance with all applicable regulations and provisions of Chapter 41 of the Santa Ana Municipal Code because the site on which the project is located is already deficient in meeting the City's off- street parking requirements. Adding a high - impact land use such as the proposed banquet facility, and the future loss of approximately 18 parking spaces at the integrated development site to accommodate the proposed grade separation of the LOSSAN railroad corridor tracks at Seventeenth Street, will exacerbate this parking deficiency. No additional site improvements are proposed to bring the site into compliance with the zoning code. 5. 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. The proposed use will adversely affect the General Plan. Land Use Element Policy 2.5 supports balancing economic and fiscal benefits of commercial development with impacts on the quality of life in the City. The proposed use will negatively impact the surrounding community by creating detrimental parking impacts and congestion. Because no additional parking options are available on site, the project does not support Policy 2.10, which supports new development that is harmonious in scale and character with existing development in the area. In addition, the proposed applications do not support numerous policies in Goal 5 of the Land Use Element, to ensure that the impacts of development are mitigated. These include: Policy 5.2, to protect the community from incompatible land uses; Policy 5,5, to encourage development that is compatible with surrounding land uses; and Policy 5.7, to anticipate that the intensity of new development does not exceed available infrastructure capacity. F. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to deny this Variance application pursuant to Santa Ana Municipal Code (SAMC) Resolution No. 2016 -xx 31A-18 Page 3 of 7 Section 41 -1359, have been established for Variance No. 2016 -03 for the proposed reduction in required parking: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 no special circumstance related to its location and surroundings. The proposed use is located on a parcel that is surrounded by commercial and residential land uses. Due to its location in a built -out center, no opportunities to provide additional parking on the project site exist. In addition, the existing tenant mix at the multi- tenant integrated development site does not generate the possibility for a shared parking approach as the site is already deficient in meeting the City's off - street parking requirements. As a result, approval of a parking variance will continue the negative impacts to the surrounding community and to existing tenants whose patrons are unable to find adequate parking spaces on the site and who have to seek on- street parking in surrounding residential areas. 2. 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 not necessary for the preservation and enjoyment of substantial property rights, The site is already developed with two commercial buildings: a freestanding restaurant building and a multi -unit commercial building with a varied mix of commercial tenants, including eating establishments, offices, service uses, and retail stores. Approval of the variance will continue the negative impacts to already - constricted parking supplies at the site, resulting in detrimental impacts to other tenants on the site and to the surrounding community. These negative impacts will result in additional nuisances, constricted parking and circulation, resulting in the reduction of property values, and blight. 3. 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 be materially detrimental to the public welfare and will be injurious to surrounding property. Banquet facilities hold the majority of events during evening hours, which are also the peak times for eating Resolution No. 20116 -xx 31A-19 Page 4 or 7 establishments. The site currently contains three (3) eating establishments: Super Antojitos Express (Unit A), Cholulas Restaurant (Unit F), and Hometown Buffet, if only these three tenants and the proposed banquet facility remained open at night, and all other tenants ceased business activity in the evening hours, the center would require 361 parking spaces to satisfy the off - street parking demands generated by these tenants. Because the 361 parking spaces required to satisfy their demands exceeds the existing 231 parking spaces currently provided on the site, a shared parking approach is not feasible at this location. Moreover, the loss of approximately 18 parking spaces in the future will reduce this figure to 213, further exacerbating the inability to share parking among tenants during evening hours. The insufficient parking provided on the site will negatively impact the surrounding community. Due to a lack of parking availability at the site, patrons of restaurants and /or the banquet facility will continue to seek other parking options on local streets and in residential neighborhoods. Patrons of all businesses at the center who park in the surrounding community will continue to constrict the supply of street parking for the local residents, which results in reduced quality of life for the residents in the surrounding neighborhood, The congestion generated by patrons parking in the surrounding community poses safety hazards to motorists, cyclists, and pedestrians using those streets. Congestion creates an unsafe environment for cyclists and pedestrians who are negatively impacted by excessive vehicular traffic and street parking on residential streets that are not designed to accommodate high - impact land uses such as banquet facilities. Moreover, patrons returning to vehicles after banquet events during late hours generate noise that degrades the quality of life for residents in the area. Finally, the impacted on- street parking negatively impacts the abilities of emergency responders to quickly and safely service the area. Emergency vehicles will not be able to locate sufficient parking areas to respond to incidents in the residential community adjacent to the project site which is detrimental to public welfare. 4. That the granting of a variance will not adversely affect the General Plan of the City. Resolution No. 2016 -xx 31A-20 Page 5 of 7 The proposed use will adversely affect the General Plan. Land Use Element Policy 2.5 supports balancing economic and fiscal benefits of commercial development with impacts on the quality of life in the City. The proposed use will negatively impact the surrounding community by creating detrimental parking impacts and congestion. Because no additional parking options are available on site, the project does not support Policy 2.10, which supports new development that is harmonious in scale and character with existing development in the area. In addition, the proposed applications do not support numerous policies in Goal 5 of the Land Use Element, to ensure that the impacts of development are mitigated. These include: Policy 5.2, to protect the community from incompatible land uses; Policy 5.5, to encourage development that is compatible with surrounding land uses; and Policy 5.7, to anticipate that the intensity of new development does not exceed available infrastructure capacity, E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is not subject to CEQA as staff is recommending denial of both the CUP and variance applications. If the project is denied, no further CEQA analysis will be required. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby denies Conditional Use Permit No. 2015 -13 and Variance No. 2016 -03 for the project located at 1002 East Seventeenth Street, Unit M. 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 May 9, 2016, and exhibits attached thereto and the public testimony, written and oral, all of which are incorporated herein by this reference, Resolution No. 2016 -xx 31A-21 Page 6 of 7 ADOPTED this Wh day of May, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2016, Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx 31A-22 Page 7 of 7 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED C7 As Recommended CONDITIONAL USE PERMIT NO. 2014-16 ❑ As Amended TO ALLOW AN ALCOHOLIC BEVERAGE [I Ordinance on 141 Reading CONTROL LICENSE AT THE EL CORTEZ 0 implementing Reading ([ Implementing Resolution RESTAURANT LOCATED AT 1227 EAST El Set Public Hearing For SEVENTEENTH .STREET —JOSEPH {STRA' M CONTINUED TO FILE NUMBER CITY MANAGER f I�+�+�Pil��►1� r T�I�1�[7�► Receive and file the staff report approving Conditional Use Permit No. 2014 -16. PLANL41NP CQMLAISSJON ACTION At its regular meeting on May 9, 2016, by a vote of 4:0 (Alderete, McLaughlin, Verino absent), the Planning Commission adapted a resolution approving Conditional Use Permit (CUP) No. 2014 -16 which approved an Alcoholic Beverage Control (ABC) license for on- premise consumption of beer, wine and distilled spirits with food service at El Cortez Restaurant located at 1227 East Seventeenth Street in the Planned Shopping Center (C -4) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). EI Cortez Restaurant intends to occupy a 5,427- square -foot structure that was constructed in 1909 located near the northwest Corner of Grand Avenue and Seventeenth Street, The restaurant is a full service, sit -down establishment that has approximately 190 seats, The approval of the CUP would allow for the sale and service of beer, wine and distilled spirits in conjunction with food sales, Full -sized site plans are available for public viewing in the Cleric of the Council Office, [Awammmy, uncy u .► Approval of this Item supports the City's efforts to meet Goal #k3 - Economic Development, Objectives ##2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 B -1 Conditional Use Permit No, 201416 — El Cortez Restaurant ABC — 1227 East Seventeenth Street June 7, 2016 Page 2 FISCAL_ IMPACT There Is no fiscal impact associated with this action, Hassan Hagharryy., AICP Executive Dir tc�r Planning & Building Agency AN :rb AnMp611plancommZOUP 14.16.EICortaua Exhibit: A, Planning Commission Staff Report 31 B -2 REQUEST FOR Planning Commission Action ■ T9-1 44-mmiluxmn MAY 9, 2016 TITLE: PUBLIC HEARING — FILED BY JOSEPH RODRIGUEZ FOR CONDITIONAL USE PERMIT NO. 2014-16 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT THE EL CORTEZ RESTAURANT LOCATED AT 1227 EAST SEVENTEENTH STREET {STRATEGIC PLAN NO. 3,2) Prepared by Ann Hsin -An Ni a xec `ve Director APPROVED • As Recommended • As Amended • Set Public Nearing For DENIED 0 Applicant's Request Cl Staff Recommendation CONTINUED TO / J Manning anager Adopt a resolution approving Conditional Use Permit No. 2014 -16. ' U f. ', Joseph Rodriguez, representing El Cortez Restaurant, is requesting approval of a conditional use permit to allow an ABC license for the on- premise sale and consumption of beer, wine and distilled spirits at El Cortez Restaurant at 1227 East Seventeenth Street. Pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC), establishments that sell alcoholic beverages require a conditional use permit. Proiect Location and Site Description The project site is located near the northwest corner of Grand Avenue and Seventeenth Street and is within the center, which consists of five buildings on 14 acres of land. There are approximately 191,225 square feet of commercial, retail, and restaurant uses that currently exist on the site. A total of 650 parking spaces are provided for the site. El Cortez Restaurant intends to occupy one of the five buildings, a 5,427 - square -foot structure that was constructed in 1969. The site is surrounded by commercial uses to the east, west, north and south (Exhibits 1, 2 and 3). The General Plan land use designation for the site is General Commercial (GC). General Commercial land -use districts are key components in the economic development of the City as they 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 this General Plan land use designation. EXHIBIT A 31 B -3 Conditional Use Permit No.2014 -16 May 9, 2016 Page 2 The parcel is located within the Planned Shopping Center (C -4) zoning district. The C -4 designation is a commercial zone that allows retail, service and restaurant uses. Therefore, the proposed use is consistent with the zoning designation. Project Description El Cortez Restaurant is requesting approval of an ABC license to allow the on- premise sale of beer, wine and distilled spirits as part of the eating establishment. The restaurant is a full service, sit -down establishment that has approximately 180 seats. The on- premise sale of alcoholic beverages to customers is intended to provide a service ancillary to the primary restaurant use. The hours of operation for the restaurant will be from 10:00 a.m. to 2:00 a.m., seven days per week. A conditional use permit for after -hours operation is not required pursuant to Santa Ana Municipal Code Section 41- 412,5(d) because the request is not located within 150 feet of a residential use. The storage and display of alcoholic beverages will be inside of an existing refrigerator located in the kitchen, a dry storage and bar area. The overall storage and display of alcohol consists of approximately 82 square feet, which is 1.5 percent of the floor area and is less than five percent of the gross floor area of the restaurant. This falls below the Planning Division Standards for establishments serving alcoholic beverages (Exhibits 4 and 5). Proiect background El Cortez restaurant is a locally -owned and operated restaurant that specializes in Mexican cuisine. The restaurant will occupy an existing space that has been used by various eating establishments since 1969, This business operated at a different location on Grand Avenue in Santa Ana from 1990 to 2012. There was no previous conditional use permit issued for this location to allow the on -site sale of alcoholic beverages. Project Analvsis Staff has reviewed the applicant's request to allow an ABC license for the on- premise sale and consumption of beer, wine and distilled spirits at this location. In analyzing the conditional use permit request, staff believes that the following analysis warrants staff's recommendation of approval for the conditional use permit. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food throughout the establishment. 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 B -4 Conditional Use Permit No. 2014 -16 May 9, 2016 Page 3 The proposed use will not adversely affect the General Plan, Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and strengthens the economic vitality of commercial uses along Seventeenth Street. 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 ABC license will maintain a safe and attractive environment. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed alcoholic beverage service will be located entirely within an enclosed building and its operations will be compatible with the surrounding mix of uses. El Cortez Restaurant intended to operate at an integrated shopping center occupied by other existing retail and restaurants since the 1960s. The site is in compliance with all standards of SAMC Section 41- 196(8) for the on -site sale and consumption of alcoholic beverages (Exhibit 6). Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages 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 23958,4(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, 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 Police Department considered two factors when reviewing this type of application: crime rate and sensitive land uses, it has been determined that 1227 East Seventeenth Street is located in Reporting District No. 203, an area that is far below the number of reported crimes than the average number reported for all crime reporting districts and is considered average in police - related incidents based on standards established under the Business and Professions Code Section 23958.4. As for sensitive land uses, there are no residential units immediately adjacent to the proposed use that may be impacted by noise and /or late night activity. 31 B -5 Conditional Use Permit No. 2014 -16 May 9, 2016 Page 4 Based on the average crime rate and adjacent residences, the Police Department recommends approval of the CUP provided that the established standards are complied with to ensure that this location operates as a bona fide eating establishment and does not aggravate existing conditions or negatively impact adjacent residents. The project site is located within the Fairhaven Neighborhood Association. Staff contacted the president of the association, who identified no concerns with the project. Additionally, 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 this printing, no correspondence, either written or electronic, had been received from any members of the public. a 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, wine and distilled spirits within an existing commercial building. An alcoholic beverage control license and allow the sale of beer, wine and distilled spirits within an existing commercial building has been found by the City's development review agencies to not create any adverse impacts. An alcoholic beverage control license and allow the sale of beer, wine and distilled spirits is proposed to be located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant; the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2014 -38 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). •. Conditional Use Permit No. 2014 -16 May 9, 2016 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2014-16. Ann Ni Associate Planner AN:jm Anl\wp51 \plancommZCUP14- 16.E1Cortez.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 5 -- Floor Plan Exhibit 6 — Operational Standards for On -Sale Establishments 31 B -7 Al MERALAGKULWFALt CPL W)MME37ALSESDENTIAL RI SNUEFAMILYR`>M'DEVTIAL -B FAFNNGMCCIRCATCN GC GOMONMFNTORM R TMFAMILYF23DENCE GSA ODMMErJALSDUTIi MAIN M1 UGHTINDUSIVIAL P3 MULTIRE DENS TY MULTIRJ GI COMMLJN17YCOMMEFUAL M2 HFAWINOUSREAL FAMILYMMDENCE C140 COMM, COMMEUAUMUEEUM DISIFICT MD MILITAMOPERATIONS Pd 9JD.F2ANAM MMM Q GENEPALCOMMMAL 0 0PEN SFACE F£ tMDFNTIAL6TATE C3 C9JiPALWEINESS F ROPESS90NAL 3) SUIRCDERLOFMEMT CbA 03fMLLYV%MAR1)SfMLACE PW PANNED 03MMU1MWDEALOFME4T 3' S150FICRAN (A PLANNEDS- IORRNGaNTEi PRO PLANNED PESOETIALDELHDWENT CL ARIEFIALCGMMECIAL r. CUP 2014 - -16 m� EL CORTEZ RESTAURANT 1227 EAST SEVENTEENTH STREET — - 1000 FEET 1" =1000 FEET P L A -NN I N G .� A N D B U I L D I N G A G E N C Y VICINITY MAP 3 tB*8 i A of, il all A ., EL CORTEZ RESTAURANT 1227 EAST SEVENTEENTH STREET sv 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 jffT6 J J -57F R w ME..DICAL _ W v > 2 < S . F . R . O u O o v Project F ....Site;'! 17TH STREET T COMM. C M M E R C I A L COMMERCIAL e Z s d o - S.F a.. O S R v A of, il all A ., EL CORTEZ RESTAURANT 1227 EAST SEVENTEENTH STREET sv 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 jffT6 O -- (D-- 9 m ®- . 0 0 0 „ r O tJ UO a EXHIBIT 5 31 B -12 9 O z- L Q Q 4� UI i O D- -CJ n Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as informational conditions in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1, 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. 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 311Bg13 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. 31 9L 4 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. 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). 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. The location and description of any video games proposed to be on the premises. 31B-�15 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. 31 Wf16 LS 5.9.16 RESOLUTION NO.2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2014 -16 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN A BONA FIDE RESTAURANT FOR THE PROPERTY LOCATED 1227 EAST SEVENTEENTH 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 -16 to allow an on -sale beer, wine and distilled spirits alcohol beverage control license in the Planned Shopping Center (C -4) zoning district at the property located at 1227 East Seventeenth Street. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit to allow the sell alcoholic beverages at an eating establishment. C. On May 9, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2014 -16. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -196, have been established for Conditional Use Permit No. 201416 to warrant approval of the conditional use permit to allow an alcohol beverage license: 1. That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The proposed alcohol beverage license will provide an ancillary service to the restaurant customers by allowing them the ability to purchase beer, wine and distilled spirits with their food throughout the establishment. 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. 2016 -xx 31 B -1 7 Page 1 of 4 2. 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. The proposed 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 standards are applicable to the alcoholic beverage control license that will mitigate any potential negative or adverse impacts created by the use. In addition, the use will occur within the premises and is incidental to the restaurant use. 3. That the proposed use will not 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 economically compete with other restaurants in the area that also offer beer, wine and distilled spirits for sale to their guests. Moreover, the offering of alcoholic beverages allows El Cortez Restaurant to remain economically viable and contribute to the overall success and economic stability of the area. 4. That the proposed use will 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 has the kitchen equipment necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed use will not adversely affect the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. A restaurant with an ancillary alcohol license provides a dining service to the residents of Santa Ana and strengthens the economic vitality of commercial uses along Seventeenth Street and Grand Avenue. 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 ABC license will maintain a safe and Resolution No. 2016 -xx 31 B -1 8 Page 2 of 4 attractive environment. Moreover, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The proposed alcoholic beverage service will be located entirely within an enclosed building and its operations will be compatible with the surrounding mix of uses. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15309. 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, wine and distilled spirits within an existing commercial building. An alcoholic beverage control license to allow the sale of beer, wine and distilled spirits within an existing commercial building has been found by the City's development review agencies to not create any adverse impacts. An alcoholic beverage control license to allow the sale of beer, wine and distilled spirits is proposed to be located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant; the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result In damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. As a result, Categorical Exemption Environmental Review No. 2014 -38 will be filed for this project. Section 3. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4, The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2014 -16 for the project located at 1227 East Seventeenth Street. 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 May 9, 2016 and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016 -xx 31 B -1 9 Page 3 of 4 ADOPTED this 9th day of May, 2016 AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:_ Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No, 2016 -xx 31 B -20 Page 4 of 4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: CONDITIONAL USE PERMIT NO. 2016 -16 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT ROCKFIRE GRILL RESTAURANT AT 1945 EAST SEVENTEENTH STREET, SUITE 104 - RAJ SYAL, APPLICANT (STRATEGIC PLAN NO. 3,2) CITY MANA CLERK OF COUNCIL USE ONLY: r:1- 0:ZeIw 0 As Recommended E As Amended Lj Ordinance on 18` Reading ❑ Ordinance on 2nd Reading ® Implementing Resolution ❑ Set Public Hearing For d.Pi11fg11114 e7 FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2016 -16. PLANNING COMMISSION ACTION At its regular meeting on May 9, 2016, by a vote of 4:0 (Alderete, McLoughlin, Verino absent) the Planning Commission adopted a resolution approving Conditional Use Permit No. 2016 -16 which approved an Alcoholic Beverage Control (ABC) license for on- premise consumption of beer and wine with food service at Rockfire Grill Restaurant located at 1945 East Seventeenth Street in the Arterial Commercial (C -5) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). DISCUSSION The Rockfire Grill is a restaurant where the applicant is requesting approval of an Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine for patrons of the restaurant. The restaurant is a casual eating establishment that holds approximately 36 seats within its 1,000- square -foot dining room and 28 on the 275 - square -foot outdoor patio. 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 #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies). 31 C -1 Conditional Use Permit No. 2016 -16 — Rockfire Grill Restaurant ABC — 1945 East Seventeenth Street June 7, 2016 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action; assan Hagh I, AI P Executive Director Planning & Building Agency HS:rb h®: / /Rue)drQGdIUGUPI6,18:cc Exhibit: A. Planning Commission Staff Report 31 C -2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 9, 2016 TITLE; PUBLIC HEARING — FILED BY RAJ SYAL FOR CONDITIONAL USE PERMIT NO. 2016 -16 TO ALLOW AN ALCOHOLIC BEVERAGE CONTROL LICENSE AT ROCKFIRE GRILL RESTAURANT AT 1945 EAST SEVENTEENTH STREET, SUITE 104 (STRATEGIC PLAN NO. 3,2) Prepared by Hally Soboleske ( ?Extatrve Director PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO , �c~a' .rrr - ✓c.. -, �c%e� -. r°• rye' _ -- Plannmg Manag4r Adopt a resolution approving Conditional Use Permit No. 2016 -16 to allow an ABC license. DISCUSSION Request of Applicant Raj Syal, proprietor for the Rockfire Grill restaurant, is requesting approval of a conditional use permit (CUP) to allow an Alcoholic Beverage Control (ABC) license for the on- premise sale and consumption of beer and wine at an existing restaurant. Establishments that sell alcoholic beverages require a conditional use permit pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Prolect Location and Site Description The Rockfire Grill restaurant occupies a suite east of Gold's Gym in the shopping center at the northwest corner of the Seventeenth Street and Old Tustin Avenue intersection. This integrated center includes four lots which together are approximately 415,818 square feet in size and is developed with a single -story 166,517- square -font commercial center. The suite this restaurant occupies is 1,776 square feet of the existing multi- tenant building. Surrounding land uses Include the single family residential to the north, condominiums and single family residential to the west, and commercial land uses on the east and south (Exhibits 1, 2 and 3). Project Description and Background The Rockfire Grill restaurant occupies a 1,776- square -foot tenant space at 1945 East Seventeenth Street, Suite 104. The building has traditionally contained a combination of commercial uses, including retail, food establishments, and service uses. 31 C -3 CUP No. 2016 -16 May 9, 2016 Page 2 In conjunction with the restaurant, the applicant is requesting approval of an Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine for patrons of the restaurant. The restaurant is a casual eating establishment that holds approximately 36 seats within its 1,000- square -foot dining room and 28 on the 275- square -foot outdoor patio, The Rockfire Grill's menu includes sandwiches, burgers, pizza, and salads and was winner of the "Top 100 Places to Eat" contest through Yelp. Overall alcohol storage and display areas will contain approximately 30 square feet, which is less than two 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 (Exhibit 4). The hours of operation for the restaurant are from 10:00 a.m. to 11:00 p.m. seven days per week. Additionally, the Rockfire Grill restaurant is a privately owned casual dining restaurant that serves lunch and dinner. The General Plan land use designation for the site is General Commercial (GC). General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education including restaurants with ABC licenses, The project site is consistent with this General Plan land use designation. The zoning for the site is the Arterial Commercial (C5). The C5 zoning district allows for retail and service uses such as restaurants with ABC licenses, making the proposed use consistent with the zoning code. 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, 31 C -4 CUP No. 2016-16 May 9, 2016 Page 3 • 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 requests, staff believes that the following findings of fact warrant approval of the conditional use permit. The Rockfire Grill restaurant is requesting approval of an Alcoholic Beverage Control (ABC) license to allow the on- premise consumption of beer and wine, The applicant intends to sell beer and wine as an ancillary service to the primary restaurant use. Staff has reviewed the applicant's request and has determined that the existing establishment is in compliance with the standards for establishments selling beer and wine. The proposed alcoholic beverage license will provide for an ancillary service to the restaurant's customers by allowing them the ability to purchase beer and wine with their food. The ABC license is only issued to restaurants that meet the State's standards as a bona fide eating establishment indicating that alcohol sales are not intended to be the primary use of the business. The operational standards for on -sale establishments regulate the alcoholic beverage control license, which further emphasize the sales of alcohol as an ancillary use. The proposed 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 conditions have been placed upon the alcoholic beverage control license that will mitigate any potential negative or adverse impacts that could be created by the use. In addition, the use will occur within the premises in accordance with the standards of the State Department of Alcoholic Beverage Control. 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 patrons. Moreover, the offering of beer and wine as an ancillary product to food supports the establishment of a full - service restaurant. 31 C -5 CUP No, 2015 -16 May 9, 2016 Page 4 + The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling beer and wine pursuant to Chapter 41 of the Santa Ana Municipal Code for restaurants selling alcohol with their meal. The facility will be maintained as a bona -fide eating establishment as defined in Section 23088 of the California Business and Professions Code, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will use 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. + 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 offers additional dining options for Santa Ana residents and visitors. The tenanting of this building with a restaurant use further supports the viability of the City's commercial corridors. Policy 4.3 of the Land Use Element encourages support of land uses which provide community and regional economic and service benefits. A viable restaurant will provide a needed service to Santa Ana residents and visitors. Police Department Analysis The Santa Ana Police Department (SAPD) reviews conditional use permit applications for the sale and service of alcoholic beverages 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 23958.4(e)(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, This business is located in police grid 243 which ranks 42 "d out of 102 reporting grids for police activity, This area is below average for activity and SAPD does not oppose granting a license to this business. 31 C -6 CUP No. 2016 -16 May 9, 2016 Page 5 Public Notification The project site is located within the boundaries of the Meredith Parkwood Neighborhood Association. Staff contacted the president of the Meredith Parkwood Neighborhood Association to ensure they were notified of this project and to identify any areas of concern. Mr. Winston Covington, Meredith Parkwood Neighborhood Association President, did not have any concerns at this time. The project site itself was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners 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 The Rockfire Grill restaurant is an existing facility applying for a conditional use permit to allow an ABC license to have beer and wine consumption on site. It has been found by the City's development review agencies that the granting of this ABC license will not create any adverse impacts. The Rockfire Grill restaurant is located on a site that is not designated by federal, state, or local agencies to be an environmental resource of hazardous or critical concern. The cumulative impact of this project will not be significant as the land use is allowed by the Santa Ana Municipal Code, the property is already served by roads and utilities, and will not create any adverse impacts such as noise, traffic, or safety concerns. There is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances. The project is not located within a highway officially designated as a state scenic highway and will not result in damage to scenic resources. The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Lastly, the project is not proposed on a site that is considered a historical resource or that is listed in the Santa Ana Register of Historic Properties. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016 -44 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 C -7 CUP No. 2016 -16 May 9, 2016 Page 6 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -16. ally Sob eske Associat fanner HS:jm hcJ /RockfIreGnIVCUPI 6 -16.pc Attachments: Exhibit 1 —Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo (Entry) Exhibit 4 -- Floor Plan Exhibit. 5 — Site Plan Exhibit 6 -- Operational Standards for On -Sale Establishments 31 C -8 11_�Ci�l� R1 nn HIT+ M RT AT G6 -Al -7200 Ln..Smt =,.r Y m Rn d C5 cs. B ITT Rl � ftl 3, � ( I AT ao.ni- I,R �)I i ",i Rl .RI' Ri g"en.nl .a as 2 Iz & A, i I.rxuo amin RA 111111 Cs lu. £ q cu.m.rnnl p 8 ->xoR C A7 C5'y veo 'E C .S ouMR 40P191fi0 Rl RI x Al - AI L Al xu ro-mvmu °" R1 N N3 tm m 5C .Tn - µ1n�____7ffi J " SO Sd fl3 $ w fl fi0.1e51I 00 I At AI tJ T G R1 a t5 3 wv RT Al g Rl RI _ ma)Ra R4 r _ FIT fl)Y-B Pi.& 'A gyp- ua e a iv es x C5 I Cl CZ Pn 1Y " P.._ tD P CS CS w ° L 8 CS �ry i C5 45 's CS aC5_� _ I. I p/� y�r C7 C4 W, 'ts > � 1 - 1 1 C5 R d PROJE J� I .4 i CS CT Rl R1 'm_ Pl.n Eli R4 -PRD PIT FIT u � y R1 § R4 RT. Ri e` m ` :1_ i 1 �I_ L��. i =E,� P § PIT °' nl PPO v.Nl '3v xn. T—p z _ v nt ILB_r� Rn P '`. Y Il'I iI� flIF RT u�•RI, RI RFAW R1 T = Y i � i� jai_ Ay SD -21 AN r " PRO RI I El FIT U PIT - "I ,R; B. RI AT GCNflRALAGRICULTURAI, C -SM SOUTH MAIN STREET COMMERCIAL 015MICT Pt) PLANNEDOEVELOPMENT -B PARKING MODIFICATION -F FLOOR AREA RATIO PRO PLANNED RESIDENTIAL DEVELOPMENT CT COMMUNITY COMMERCIAL GC GOVERNMENT CENTER RI SiNGLE-FAMILYRESIOENCE CI-MD COMMUNITY COMMERCIALMUSEUM PAST RICT MT UG14T INDUSTRIAL R2 T VCHFAMILY RESIDENCE C2 GENPRALCOMMERCIAL M2 I WAVY INDUSTRIAL ITS MULTIPLE-FAMILY RESIOD,10C C3 CENRRALRUSINESS MO MILITARYOPARAI'IONS fl4 SUBURBAN APARIMENT C3 -A CENTRAL BUSINESS- ARTiSfS'VILLAGF: 0 OPEN SPACE FIT RESIDENTIALESTATE C4 PLANNED SHOPPING CENTER -OZ OVERLAY ZONE SD SPECIFIC DEVELOPMENT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFIC PLAN CR COMMERCIAL RESIDENTIAL. PCD PLANNED COMMUNITY DEVELOPMENT CUP 2016 -16 -ABC k ROCKFIRE GRILL C9E^ 1945 EAST SEVENTEENTH STREET, UNIT 104 — --=500 FEIJ �.i r^ =Iron Feel P L A N N I N G A N D 0 U I L P I N G A G E N C Y VICINITY ' ;yY IT MA 31. (; —§ CUP 2016 -16 -ABC ROCKFIRE GRILL 1945 EAST SEVENTEENTH STREET, UNIT 104 P L A N N I N G A N 0 B U I L 0 1 N G A G E N C Y LAND USE MAP EXHIBIT 2 31 C -10 t� 11 ..,.. u. � Ei� ` tti 7 o l i o l� i C ! `s4 �; ,, c f y<Y 3► i 6 I t f ,� B � i IR hyt•f,G ii I 6 2i 1 ( � S f i ilGc i c i xi3 f.if oP; q Y 5 ay� GP fie3iyilu ;9�kS's?t4,I0II..C1� {,jl !llalk2i�Sfij§ft4� �y gyp.r i i (I P {$d$oi Py't.�Ilf 3f Qtd0i09Fft fAS4f YY�`9Y �'IJ699v^,�fl OQ+J O86�.9 ©�Pl°+G�J�iQ r'>! J& �J069o399RVOb <7.iM�'i+OC�9(n6r.A.4 �, AJ4 i f °Pp Fil p I; �g,t E"+.) ►e: w 2 a i:9OCY �14� (Gl pg t ' 1@ It O I � 1 kI ; IB Il G i i i I ID It}i FF i It j o 7i t fP�t ►{ xY ;S�6 §jij 1 �!; !e9yfs E?aal�le�,4! C1['IPkC7 000.. o �i aza. z l'� J�.r 0 f i" �F w. s t° ii �l EXHIBIT 4 31 C -12 0 1 1''!!!' 1-40! tD �, T , I , I I -I i 71 Ulli ill, M11D 041 11-4 FU-T 7�1 Li ro Is MM. 1, 0 L[Mia Py e t I ! I N P 1''!!!' 1-40! tD �, T , I , I I -I i 71 Ulli ill, M11D 041 11-4 FU-T 7�1 Li ro Is MM. 1, 0 L[Mia Sec. 41 -195. Establishments selling alcoholic beverages. Operational standards for on -sale establishments. The following operational standards shall be included as informational conditions in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 1. The premises shall at all times be maintained as a bona -fide eating establishment as defined in Section 230738 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. pull 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. 1 The sales, service, and consumption of alcoholic beverages shall be permitted only between the hours of 8.00 a.m. and 12:070 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. 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 31 C11 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. 3TC115 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). 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. Procedures for management of queuing lines. The location and description of any video games proposed to be on the premises. 31 °`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. 31K: -417 LS 5.9.16 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2016 -16 TO ALLOW THE ON- PREMISE SALE OF BEER AND WINE AT A BONA FIDE RESTAURANT FOR THE PROPERTY LOCATED AT 1945 EAST SEVENTEENTH STREET, SUITE 104 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. 2016 -16 to allow an Alcoholic Beverage Control (ABC) license at the property located at 1945 East Seventeenth Street, Suite 104. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments wishing to sell alcohol for on- or off - premise consumption. C. On May 9, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No, 2016 -16. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41 -638, have been established for Conditional Use Permit No. 2016 -16 to allow an ABC license: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed alcohol beverage license will provide an ancillary service to restaurant 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 have been placed on the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. Resolution No. 2016 -xx 31 C -1 8 Page 1 of 4 2. 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. The proposed license for the on -sale consumption of alcohol at this location will not be detrimental to persons residing or working in the vicinity because the applicable standards for an on -sale alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. I That the proposed use will not 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 restaurants in the area that also offer beer and wine beverages for sale to their guests and other visitors. Additionally, the ABC license will allow the restaurant to be economically viable and contribute to the success of the City of Santa Ana's economy. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations imposed on a restaurant selling alcohol pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility has the kitchen facility necessary to be considered a bona fide restaurant use and is eligible to obtain a restaurant related alcoholic beverage control license. Additionally, the restaurant will utilize less than five percent of the gross floor area for the storage of alcoholic beverages, which is below the maximum threshold established by the Municipal Code. 5. 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. 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 offers additional dining options for Resolution No. 2016 -xx 31 C -19 Page 2 of 4 Santa Ana residents and visitors. The tenanting of this building with a restaurant use further supports the viability of the City's commercial corridors. Policy 4.3 of the Land Use Element encourages support of land uses which provide community and regional economic and service benefits. A viable restaurant will provide a needed service to Santa Ana residents and visitors. E. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15061(b)(3) because there is a certainty that the activity in question will not have a significant effect on the environment. Categorical Exemption Environmental Review No. 2016 -16 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -16 for the property located at 1945 East Seventeenth Street, Suite 104. 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 May 9, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of May, 2016. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson Resolution No. 2016 -xx 31 C -20 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 5, 2016. Date: Acting Recording Secretary City of Santa Ana Resolution No. 2018 -xx 31 C-21 'age 4 of 4 31 C -22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: VARIANCE NO. 2016 -04 FOR A REDUCTION IN REQUIRED PARKING FOR THE SANTA ANA ARTS COLLECTIVE ADAPTIVE REUSE PROJECT LOCATED AT 1666 NORTH MAIN STREET - MICHELLE COULTER, APPLICANT (STRATEGIC PLAN NOS. 3,2,5; 5, 3,4) CITY MAN ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading El Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Pubilc Hearing For,__ CONTINUED TO FILE NUMBER Receive and file the staff report approving Variance No. 2016 -04 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on May 9, 2016 by a vote of 4:0 (Alderete, McLoughlin, Verino absent), the Planning Commission adopted a resolution approving Variance No. 2016 -04 as conditioned to allow the reduction in required parking for the Santa Ana Arts Collective adaptive reuse project at 1666 North Main Street located in the Midtown Specific Plan (SP -3) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION Meta Housing Corporation is proposing an adaptive reuse project to convert an existing five -story office building to residential, commercial, and community uses. The applicant is also proposing to construct three additional structures and common open space on the site. Two of these structures would contain two stories and the third would be single -story. All three structures would contain residential units. A total of 58 affordable residential units and 113 parking spaces would be provided on site, as well as on -site amenities, open space, galleries, and community rooms. Full -sized plans are available for public viewing in the Clerk of the Council Office. The project, pursuant to Section 41 -1903 of the Santa Ana Municipal Code, is exempt from the Housing Opportunity Ordinance. No Housing Inclusionary Plan is required. 31 D -1 VA No. 2016 -04 — Reduction in Parking for Santa Ana Arts Collective Adaptive Reuse Project — 1666 North Main Street June 7, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business /job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective #5 (leverage private investment that results in tax base expansion and job creation citywide); Goal #5 - Community Health, Livability, Engagement & Sustainability, Objectives #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), and Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. tl Hassan Haghani, AI Executive Director Planning & Building Agency AP:rb ap \reports \Staff Reports For CCNA16 -4 Meta Housing Adaptive Reuse, cc Exhibit: A. Planning Commission Staff Report 31 D -2 REQUEST FOR Planning Commission Action TITLE: PUBLIC HEARING — FILED BY MICHELLE COULTER FOR VARIANCE NO. 2016 -04 FOR A REDUCTION IN REQUIRED PARKING FOR THE SANTA ANA ARTS COLLECTIVE ADAPTIVE REUSE PROJECT LOCATED AT 1666 NORTH MAIN STREET {STRATEGIC PLAN NOS. 3,2; 3, 5; 5, 3; 5,4) Prepared by Ali Pezeshkpour PLANNING COMMISSION SECRETARY APPROVED • As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO .._._._._._ Exe ZvelDirector Planning Manager RECOMMENDED ACTIONS Adopt a resolution approving Variance No. 2016 -04 as conditioned. Request of Applicant Michelle Coulter with Meta Housing Corporation, representing Santa Ana Arts Collective, LP, is requesting approval of a variance from the provisions of the Adaptive Reuse Ordinance contained in Santa Ana Municipal Code (SAMC) Section 41 -1652 to allow a reduction in the number of required parking spaces for a 58 -unit affordable residential housing and commercial adaptive reuse project. Projects requesting relief from development standards such as parking require approval of a variance pursuant to SAMC Section 41 -638. Proeect Location and Site Description Meta Housing is proposing to renovate and convert an existing five -story office building into residential, community, and commercial space within the existing structure and in three new detached structures proposed on the project site. A total of 58 residential units are proposed at the project. All units are intended to provide affordable housing to artists and their families. The project site contains 1.11 acres and is located on the south side of Seventeenth Street between Main and Sycamore streets. In addition to the five -story office building, the site also contains a gated entry, landscape planters, and 145 parking spaces located in a surface lot (27 stalls) and underground parking structure (118 stalls). Surrounding land uses include commercial uses in all directions (Exhibits 1, 2 and 3). The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial districts are primarily located on commercial corridors and major arterial roadways in the City. They provide accessible commercial EXHIBIT A 31 D -3 Variance No. 2016 -04 May 9, 2016 Page 2 development along the City's arterials as well as provide support facilities and services, including offices, restaurants and various other services. Pursuant to the provisions of the Adaptive Reuse Ordinance (SAMC Section 41- 1652), adaptive reuse projects are allowed to convert non- residential uses to residential, making the project consistent with this General Plan land use designation. The site is located within the boundaries of the Midtown Specific Plan (SP -3) area. The SP -3 area allows for commercial and service uses. However, pursuant to the provisions of the Adaptive Reuse Ordinance (SAMC Section 41- 1651), residential adaptive reuse projects must be located within one of the Project Incentive Areas, which includes the Midtown Specific Plan area. Project Description Meta Housing Corporation is proposing an adaptive reuse project to convert an existing five -story office building to residential, commercial, and community uses. The applicant is also proposing to construct three additional structures and common open space on the site. Two of these structures would contain two stories, and the third would be single -story. All three structures would contain residential units, Residential Component A variety of uses are proposed for the existing five -story building. The ground floor will contain residential units, live /work studios facing Seventeenth Street, an art garden and sculpture at the southwest corner of Main and Seventeenth streets, a lobby and gallery to showcase the various works produced by the artists living at the site, a music and performing arts rooms, and a maker's space for producing and showcasing art. The ground floor will also contain a community kitchen, leasing office, and a laundry room. The upper levels of the five -story building will contain residential units and a laundry room on each level. A total of 48 residential units are proposed in the structure (Exhibits 4 and 5). In addition to rehabilitating and renovating the five -story structure, the applicant also proposes to construct three separate residential structures. Two of these structures would contain two -story residential townhomes, and one structure, which will face Seventeenth Street, will contain three single -story residential units with high ceilings to complement the commercial nature of Seventeenth Street. A total of 10 units are proposed among the three new structures. The project proposes a variety of floor plans to accommodate the unique needs of the targeted community living in the project. Studio units will range from 526 to 722 square feet and will make up 31 percent of the unit types in the project. One - bedroom units will range from 636 to 642 square feet, constituting 14 percent of the project. Two- bedroom units will range from 871 to 965 square feet and will make up 22 percent of the project, and the three- bedroom units will range 31 D -4 Variance No, 2016 -04 May 9, 2016 Page 3 from 938 to 1,300 square feet and will make up 33 percent of the project. All ground -floor residential units facing the streets will contain front patios or recessed entries, Moreover, all interior units whose front entries face common corridors have been designed with recessed entries that enhance the sense of home and allow for welcome mats, planters, and other embellishments to individualize each entry. Parking, Architecture and Landscaping The project site currently contains 145 parking spaces. The majority of these spaces, 118, are contained in a subterranean garage, while 27 are contained in a surface parking area. To accommodate construction of the three new residential buildings and the project's primary open - space courtyard, all but one of these surface stalls will be removed. To enhance security for the project, the gated entry will be relocated to the foot of the ramp inside the subterranean garage, ensuring that only residents and registered visitors access the garage. The subterranean parking spaces inside the garage will be reconfigured to allow trash enclosures and a bicycle storage facility inside. Existing elevators and stairwells are proposed to remain, however, one stairwell will be reconfigured to allow egress from the garage directly to the interior of the project site. All resident parking inside the garage will be assigned through an on -site parking management plan, and visitors will need to register with on -site management to park inside visitor stalls. The streets surrounding the project site will be Improved as part of the project. Although parking is not allowed on Main, Seventeenth, or Sycamore streets, street reconstruction on Sycamore Street that is required for the project will result in new bulb -outs for pedestrian safety and additional street parking options where red striping currently exists. Moreover, sidewalks, curbs, paving, safety enhancements, and tree wells will be reconstructed or installed as part of the project. A modern style of architecture is proposed for the project. Enhancements to the existing five -story Mid - Century building will complement the new construction. These include new paint on spandrel panels, refinishing exposed concrete, public art sculptures near the main entry, and new ground - floor finishes and installed art. The three new structures will contain a variety of building materials, including wood pattern fiber cement panels, clear anodized aluminum plaster reveals, and fiber cement wall panels (Exhibit 6). Finally, landscape improvements will result in reconstruction of the planters adjacent to the project site's main entry, as well as construction of a new tot lot in the interior courtyard, new landscape planters, and community garden boxes. Landscaping will be added to the entire project perimeter, and existing street trees will be replaced in accordance with City standards. Trees and landscaping will also be added to create a buffer between the project and the commercial building to the south of the project site (Exhibit 7). 31 D -5 Variance No. 2016 -04 May 9, 2016 Page 4 Protect Backaround The five -story office building and subterranean garage were constructed in 1969 and contained offices for a variety of banking companies. Since then, a variety of tenant improvements have taken place inside the building to accommodate various professional offices, including law firms, banks, and professional services. Because the site was constructed prior to July 1, 1974, and because it is located in one of the Adaptive Reuse Ordinance's Project Incentive Areas, the site is eligible for an adaptive reuse project. In 1968, Variance No. 68 -103 was approved to allow construction of the project and the subterranean garage with a majority of the parking stalls in a tandem stall configuration. Although the City's parking ordinance did not allow tandem parking at the time, the application was recommended for approval because the amount of parking proposed exceeded the minimum requirements for office developments and because an on -site parking attendant would manage parking during normal business hours. As part of the adaptive reuse project, the applicant does not propose any substantial modification to the tandem stall configuration that has existed since 1969; moreover, the applicant will utilize an on -site parking management system to assign resident and visitor parking stalls, which will be located in a secured area. Meta Housing Corporation was established in '1993 and is an industry leader in constructing and managing affordable housing communities throughout California. Meta has developed and managed over 6,000 residential units in communities in Northern and Southern California, with the majority located in Los Angeles. Meta projects in Orange County include communities in Yorba Linda and Lake Forest. The Santa Ana Arts Collective would be Meta's third Orange County project. In November 2015, Meta Housing Corporation was awarded $4,635,000 for the Santa Ana Arts Collective through a competitive Request for Proposal process. Funding sources include $500,000 in Community Development Block Grant (CDBG) funds, $1,875,000 in the City's Inclusionary Housing Funds, and $2,260,000 in HOME Investment Partnership Program funds. In March 2016, the applicant submitted plans to develop an artist -and family- oriented affordable housing community to the City for review by the Development Review Committee. Analysis of the project revealed substantial conformance to the City's Adaptive Reuse Ordinance, except for the proposed on -site parking, which is described in further detail in the Project Analysis section. Following comments by the City, the applicant revised the plans to enhance the street improvements required for the project, the overall architecture, site design, and onsite amenities. Pro!Gct Analysis Variance requests are governed by Section 41 -638 of the SAMC. Variance requests may be granted when it can be shown 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; and that the granting of the variance will not adversely affect the General Plan. 31 D -6 Variance No, 2016 -04 May 9, 2016 Page 5 The applicant is requesting approval of a variance to allow a reduction in parking required by the Adaptive Reuse Ordinance. Pursuant to SAMC Section 41- 1652(c)(2), new parking spaces are not required for converted uses within existing buildings. However, new residential units require two additional spaces per unit. The entire site currently contains 145 parking spaces. Pursuant to the SAMC, 20 additional parking stalls would be required for the 10 units in the new buildings, bringing the total required parking to 165. The project proposes 113 parking spaces, resulting in a deficiency of 52 spaces, or a 32 percent reduction in required parking. Approval of a variance application is required due to the Adaptive Reuse Ordinance's parking requirements for new residential units, regardless of the existing parking spaces provided when the project was originally constructed. To analyze whether the existing parking on the site could accommodate the proposed adaptive reuse and new construction, and therefore substantiate the variance request, the applicant hired the traffic engineering firm Park Green to provide a parking analysis for the project, The study also surveyed other projects developed by Meta Housing and the actual parking demand for their projects in an effort to provide a realistic parking demand for the project in Santa Ana. Based on its analysis, the parking study indicates that the 113 parking stalls proposed for the project are sufficient to meet the needs of the community and visitors to the site (Exhibit 8). At a rate of 1.95 parking spaces per unit or 1.05 parking spaces per bedroom, the Santa Ana Arts Collective project will provide approximately 30 percent more than the average parking ratio per residential unit at other Meta Housing residential developments. Typical parking ratios for Meta Housing's specialized; family - oriented affordable housing communities range from as low as one space per unit to 2.26. The Meta Housing projects that provide over two parking spaces per unit feature primarily two and three - bedroom units, The Santa Ana project, with just fewer than two parking spaces per unit, will provide approximately half of its floor plans as two- or three - bedroom units. The parking analysis further supports the 1.95 parking space ratio per unit due to the project's proximity to multiple transit lines and its location on two significant commercial corridors (Seventeenth and Main streets), thus reducing the average individual vehicle trips per household. To supplement the parking analysis, Meta also provided a survey of 18 of their affordable housing projects in other jurisdictions. The survey includes weekday morning, weekday evening, and weekend morning parking inventories (Exhibit 9). The survey indicates that for some of the projects with the lowest parking space ratios per bedroom, the parking vacancy rates were the highest, All projects surveyed had available parking during all the survey times, with vacancy rates ranging from four to 73 percent on Monday evenings, 12 to 68 percent on Tuesday mornings, and three to 68 percent on Saturday mornings. The Grove at Sunset Court in the city of Brentwood, a recently - completed Meta Housing project that is in a suburban, greenfield setting near two transit lines, provides 2.02 parking spaces per unit and 1.01 spaces per bedroom unit. This project experienced parking vacancies ranging between 17 and 32 percent. The Santa Ana Arts Collective will provide the highest parking space ratio per bedroom out of any Meta Housing project and is located on a site that is served by four transit lines and is completely surrounded by commercial land uses. Based on the parking analysis prepared by Park Green and the Meta Housing parking vacancy site surveys, staff recommends approval of the variance application. 31 D -7 Variance No. 2016 -04 May 9, 2016 Page 6 City staff also reviewed the San Diego Affordable Housing Parking Study, an analysis completed in 2011 by CDM Smith for the City of San Diego. The Study served to determine links between affordable housing variables such as income levels, transit accessibility, and local land use context, in order to develop a consistent regulatory framework for parking requirements. A survey completed as part of the Study revealed that recently- completed family- oriented affordable housing projects in San Diego were built with excess parking, and that a 1.1 parking space ratio per unit was sufficient to meet the needs of the residential communities. At 1.95 parking spaces per unit, the Meta Housing project in Santa Ana significantly exceeds this ratio. Public Notification On April 21, 2016 the applicant held a community meeting in accordance with the provisions of the Sunshine Ordinance (Ordinance No. NS- 2838). Approximately 15 local residents and property owners attended the meeting, as well as the project developers, architects and City staff. Attendees asked questions on topics such as minimum requirements to qualify as a resident at the project, parking, traffic and ingress /egress, and open space. Following the meeting, the applicant provided an affidavit to City staff containing meeting information, minutes, and a statement that the meeting was held in compliance with the Sunshine Ordinance's requirements. The project is not located within the boundaries of an established Neighborhood Association. However, staff contacted the presidents of the nearby Santa Ana Triangle and French Court 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 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 this printing, no correspondence, either written or electronic, had been received from any members of the public. 0< In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15332. The Class 32 exemption applies to projects characterized as infill development meeting the following conditions: • The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. • The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. 31 D -8 Variance No. 2016 -04 May 9, 2016 Page 7 * The project site has no value as habitat for endangered, rare or threatened species. • Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. * The site can be adequately served by all required utilities and public services. In analyzing the variance application, staff finds that the project qualifies for the Class 32 exemption. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations through the Adaptive Reuse Ordinance. As proposed, the project will meet the intent and standards of the General Plan Land Use Element and SP -3 zoning district standards. Moreover, the proposed development will take place within city limits and is on a project site that is less than five acres in size and is surrounded by urban uses. The project site has no value as habitat for endangered, rare, or threatened species and is not identified in the General Plan as having such value. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City's Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality, and water quality impacts are below thresholds that would warrant further analyses. Finally, the site is already served by all required utilities and public services as it is located within a heavily - urbanized area near the intersection of Main and Seventeenth streets. Based on this analysis, a Notice of Exemption for Environmental Review No. 2016 -17 will be filed for this project. Strata lc 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. 5 (leverage private investment that results in tax base expansion and job creation citywide) of the Santa Ana Strategic Plan. Moreover, approval of this item supports Goal No. 5 Community Health, Livability, Engagement & Sustainability, Objectives No. 3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and No. 4 (support neighborhood vitality and livability). 31 D -9 Variance No. 2016 -04 May 9, 2016 Page 8 Based on the analysis provided within this report, staff recommends that the Planning Commission approve Variance No. 2016 -04 as conditioned. Ali Pezeshkpour, AICP Senior Planner AP:jm aplreporWSlaff Reports for PC \VA16 -4 Mete Housing Adaptive Reuse.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Location Map Exhibit 3 — Site Photo Exhibit 4 — Site Plan Exhibit 6 — Floor Plans Exhibit 6 — Elevations Exhibit 7 — Landscape Plan Exhibit 8 — Parking Analysis Exhibit 9 — Affordable Housing Project, Survey 31 D -10 R MID i +on Ks R1 R7 qz G J` nun MO y RI RI RT Pi R7 R Al p - F c P 58 wo n' Mai„ R7 s PY R2 Acl Eci cs R3- q3- R3- p xPn non xoN � �io�I nou ' xmi R} xon Rz Pz xa r P Rz Pa na P ax= k P aP a P P `lJ P EE ONC(fXIN L'R P WON villik 114111 @@ Mi $V 9P SP M11 PA P3 Q 3 M7 z M2 M0 5P -9 SPA ~' 1 �' SPP ryo Nj 113 $P -3 M R2 ?y �i R2 sn.a SD- SP -3 5P -R � M,4 nn 75 pa M jp� 5P -1 sr '3 1 ail 'T �',IVVV/�s� 5P-3 S , — nP D srs � Al GENExALAGRWLWIALT CR OOMMSUALFE. 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C0MMf3GAUMUMJM DISRRCT MO MIUAR(OFWRONS RA EUSUFF+NARaRIMRJTS C2 GENIPALCOMMUUAL O CIAN9gCE FE RMOINTIALEfATE- Cl CRNTPALEUSNFM P PIDFE9ONAL so MMCOEVROWWT' 0-A CRNTPAL8U$NMARI5TMLLAGE PCO RANNEDOOMMUNITYOEVR.OFMW R' s`WFICpWI 01 R.ANNO)940PiNG0RNTER Pv RANNOOFESORPIALOET3.ORMENT CA ARTMALCOMMECIAL aN VA 2016 -04 k META HOUSING ADAPTIVE REUSE JCP 1666 NORTH MAIN STREET _ =SOO FEEr 1"= 1000hFET P L A N ___N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 TUD41 COMME F C I A L r d u w J d U O v VA 2016 -04 META HOUSING ADAPTIVE REUSE 1666 NORTH MAIN STREET 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 -12 VA 2016 -04 META HOUSING ADAPTIVE REUSE 1666 NORTH MAIN STREET SITE PHOTO jjbjJ3 3 ekmrf AA - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - M444 M6d, - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - M444 (1) Q n, n r) r-.1) rn EXHIBIT 6 311D.215 D I D -0 gs -T flf- -4 - - - - - - - - - - - I io-i 11- 1 j-4— --- --------- "I ----------------- Iii 7 ------- - --- A.1 EXHIBIT 6 311D.215 D I D -0 gs uol�aead�op 8u�snory esay 'a�i49l3NOl•�hi^�� '-•-�� 31 [' o%a I m a ra s} ?1 al wm..Mnn.. ,.xm,n.w, s,opaos —fop 9ulsnnq xrogaooq�� 119e�Ip IN b1+1 4 I �re ..,_ ,M�`� 1 ,.., � z....6. � 31 `0'=i° 1 -T _(.7 �i I I I I I; I I I ! 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V4�lH�gdiP� BV�SngH ea9W e3ais3- ,,, :r,, �.' 4__ __- ___EXHIBIT 7 parking design group April 20, 2016 Mr. David Sabunas, AIA, ASLA Senior Associate, Project Design Director studioneleven at Perkowitz + Ruth Architects 111 West Ocean Blvd, 20th floor Long Beach, California 50802 Cark reen t0 Pork Doerr, LLC is a wholly -awned subsidlafy of Parkin {f Design Group, !1P Regarding, Meta Housing - Santa Ana Arts Collective Parking Analysis, Santa Ana, CA Dear Mr. Sabunas: The following is our final submittal for the parking analysis for the Meta Housing — Santa Ana Arts Collective in Santa Ana, CA. Upon your review, comments and updates, we will provide the final analysis for your distribution. Project Description The scope of our work efforts for this analysis was three -fold: Work Effort #1. Re- design parking layout to provide maximized efficiency and parking capacity (see attached drawing). Work Effort #2. Provide an analysis of an operations plan supporting the application for a variance to code and provide input to support the variance application. Work Effort #3. Develop a Traffic Intensity Factor (TIF) Analysis (a.k.a. Traffic Queue Study) to determine level of service (LOS) for the traffic flow at the parking garage. Parking Layout Recommendations The attached drawing (Exhibit "A ") reflects our recommended parking layout for the subterranean parking level. This parking layout results in a parking capacity of 112 spaces, including five (5) accessible parking Spaces and one (1) van accessible parking space, in addition, the proposed design of this project also shows one (1) parking space located at the Grade Level of the site. This space will be designated as a van accessible parking space as per the Americans with Disabilities Act (ADA) and the California Building Code (CBC) Title 24. The total proposed project parking capacity will then be 113 spaces. parking design group _a___- _ __ - — ------ _.. b 6 E. Padfic Coast Highway SWlo 200 tong Beach, CA 90804 56P. 98a 7105 300468 META Housing - Santa Ann Arts Collective Parking Analysis April 20, 2016 Page 2 Application for Parking Variance to Code The Meta Housing - Santa Ana Arts Collective Project is classified as an adaptive re -use type. The previous use of the building was an office building. The existing parking for this office building was provided on an at- grade parking lot with a parking capacity of approximately of 27 spaces and a one -level subterranean parking garage with a parking capacity of approximately 118 spaces, fora total of approximately 145 parking spaces. The existing parking layout in the subterranean parking garage does not conform to code as it relates to the Americans with Disabilities Act (ADA) and the California Building Code (CBC) Title 24 for accessible parking requirements. As provided, there are no accessible parking spaces. As currently designed and proposed, this project has a parking requirement based on the City of Santa Ana Adaptive Re -use Code of 165 spaces. As previously mentioned, the parking provided in the proposed subterranean parking garage is 112 spaces, plus one (1) parking space (van accessible) at the Grade Level for a total provided parking capacity of 113 spaces. This results in a deficit of 52 spaces (165 required — 113 provided = 52 deficit), Therefore, a variance for the parking component of this proposed project will be required to meet the City's parking requirements. Some of the factors for consideration in supporting a variance to the Santa Ana Adaptive Re -use Code: The proposed Meta Housing —Santa Ana Arts Collective Project is an adaptive re -use project. META Housing's historical data on parking provided at other facilities indicates that the Santa Ana Arts Collective project will be parked at approximately 28% (1.95 — 1.53 = .45/1.53 = 27.5 %) over the parking ratio per residential unit average of what is found at other Meta Housing Family Developments (see Table A below). Consideration to proximity to mass transit stops and mass transit usage. The Orange County Transit Authority (OCTA) operates several transit lines adjacent to the community along N. Main Street and W. Seventeenth Street. These transit lines are the 60, 83, 53, and 757 lines with multiple transit stops within one block of the building. These transit lines provide easy access to many parts of the City, as well as the ARTIC Transit Center in Anaheim which is a hub for OCTA and Amtrak. The 31 D -26 META Housing- Santa Ana Arts Collective parking Analysis April 20, 2016 Page 3 ARTIC (Anaheim Regional Transportation intermodal Center is Southern California's newest transit hub, providing stress -free commuting and access to many destinations throughout the Los Angeles area, It is located next to Angel Stadium of Anaheim and Honda Center with the Disneyland Resort just a few miles away. Parking supply at Meta's 18 Family Developments. Meta currently operates 18 Family (as defined by TCAC) developments throughout California, in municipalities as far north as Brentwood and as far south as Lake Forest. All of these developments serve households earning between 30 -- 60% Area Median Income, and none serve Special Needs or formerly Homeless households, Because the distribution of unit sizes varies widely, the parking analysis below compares parking spaces to bedrooms (P:BR) as opposed to parking spaces per unit. (In other words, while 3- bedroom units make up 30% of some developments, there are as high as 80% 3- bedrooms in other developments). To provide a basis of comparison to Santa Ana Arts Collective (SAAC), it is useful to note the Following. - SAAC's proposed parking to bedroom ratio (P:BR) is 1.03. - SAAC's Walkscore is 86, meaning most errands can be accomplished on foot. SAAC's Transit Score is 49, meaning that there a few nearby public transportation options. Observations from Meta's 18 operating family projects: - At 1.03, the P:BR ratio proposed at SAAC is higher than any Meta family project. Meta's P:BR ratio ranges from 0.44 to 1.01, and averages 0,76. - The Grove at Sunset, located in Brentwood, CA is Meta's highest P:BR site. However, The Grove Isn't comparable to SAAC because its Walkscore is far lower at 53, meaning "somewhat walkable." Plus Brentwood has no transit options. - With a P:BR ratio of 0,93, Long Beach & Burnett is the 2 "d heaviest parked of Meta's family developments. This may be comparable to SAAC, in that the Walkscore is 85. Geographically, the closest two projects to SAAC are in Yorba Linda and Lake Forest, both in Orange County. o Yorba Linda has an 81 Walkscore, similar to Santa Ana's 86 Walkscore, The P: BR ratio is 0.78, well below SAAC's proposed P:BR ratio of 1,01 31 D -27 META Housing — Santa Ana Arts Collective Parking Analysis April 20, 2016 Page 4 o Lake Forest has a far lower Walkscore of 37, meaning that most errands require a vehicle. It's P:BR ratio is 0.85, again lower than SAAC's proposed P:BR. - The project whose unit distribution most closely resembles SAAC's is located in Torrance. This location is a "Walkers Paradise" with a 91 Walkscore, with some transit at a Transit Score of 38. In other words, the site is more walkable but less transit friendly than SAAC. It's P:BR ratio is 0.83, or 20% less than SAAC. Local commerce located within easy walking or two blocks of the site: Grocery stores and food markets Medical clinics, medical offices, dental offices, optometrist offices Convenience stores Restaurants (Norms Restaurant, Subway, Baskin Robins, Yoshinoya Beef Bowl, pizza, tacos /burritos shops) Tax, law and insurance offices - Beauty salon and barber shop - Dry cleaners Bank of America - Discount store - Museums (Kidseum, Bowers Museum two blocks away) 0 Consideration of the San Diego Affordable Housing Parking Study' ( "SD Parking Study ") (see Exhibit "B ", Executive Summary) was researched by Wilbur Smith Associates (now CDM Smith) in association with AECOM, for the City of San Diego. Its purpose was to "determine the links between affordable housing variables (income levels, household age, transit accessibility, land use context, and housing type) for use in developing a corresponding regulatory framework for parking requirements." While all the findings are included in the attached report, of particular relevance to our project is "In all of the projects studied, the amount of peak overnight parking used was less than the amount supplied." In the SD Parking Study, a parking model was developed based upon the findings in the statistical analysis. It provided the basis for empirically -based rates for four types of affordable housing: Family, Living Unit /SRO, Senior Housing, and Studio - 1 Bedroom. For family projects, total parking projected to be needed (adjusted for vacancy) is 1.1 parking spaces per unit overall. This would result In a projected parking demand of 64 spaces at Santa Ana Arts Collective. The report also I San IJidyo AHmdaEla Housing P.Am, Study - December 11, conducted and submitted by Wilbur Smith Associates in asdoniabon with AECOM, Mmhael F. Kodam" Planning Consultants, Richard Willson, PhD and the National Data and Sunning Sannoea 31 D -28 META Housing — Santa Ana Arts Collective Parking Anelysis April 20, 2016 Page 5 provides unit size parking demand by project type. As seen below, the highest demand for parking at the Santa Ana Arts Collective is projected to be 86.85 spaces. Here's the math behind the results above. All demand is from the Family Housing Parking Model Unit Size High/ Med/ Low Parking Ratio Units at SAAC High Medium Low 1 BR 1.0/0.6/0,33 26 26 15.6 8.58 2 BR 1.3/1.1/0.5 15 19.5 16.5 7.5 3 BR 1.75/1.4/0.75 17 29.75 23.8 12.75 Visitor 0.15 58 total 83 8.7 8.7 Staff 1 0.05 1 58 total 2.9 1 2.9 2:9 Total Parking Recommended 86,85 67.5 40.43 • Consideration should be given to not only low levels of resident automobile ownership, but also to current trends in auto ownership in millennials and population in general. 6 Shared -use and bicycle use considerations. The proposed project will have a storage room for as many as 28 bicycles. Current Industry trends, as written on by Dr. Donald Shoup in The High Cost of Free Parking', reflect a sustainable approach by making parking minimum requirements the parking maximum requirements or a "Freeze" on parking allowances. These trends have been, or are beginning to be, adopted by major metropolitan areas worldwide such as, but not limited to: Boston, MA - Cambridge, MA St. Augustine, FL - Los Angeles, CA (for adaptive re -use projects) - Columbus, OH Washington, DC Zurich, Switzerland Berlin, Germany London, England 2 The High Cost o[ Fns Perking - Plnnnera press, Amencnn PIe In g Aasocinuon. 2005. Dr, Doonid SM.P, Rpnrtment al Urban Plon.il On.,Wty ar 0.11 Vnia, tar Aeyeles 31 D -29 META Housing —Santa Are Arts Collective Parking Analysis April 20, 2016 Page 6 Table A Meta Housing Family Developments Parking Analysis Mere n .93 0A2 6anin Ane Ada Calhny 1080 N. Blain 6l�In Ana 02]01 F4mlly 50 2U 15 i] 113 a .95 8 Based on this comprehensive range of considerations, it seems prudent that a variance is justifiable for this proposed adaptive re -use facility. 31 D -30 pralahl Adtleess City 21p 8r44us pvrolm IT c.nmu.ro Type Units 19R 2aft 3HR 9paonsurvip4r aadrarm A,amsnnd Cn 1ml 938EAtla a Id. Lan An alas 9a01 O 05 2U ID F.'rb 00 15 1 35 1 50 154 1.93 -- 0:88' Union tFaml A arimants 424Union Los Angeles fl 01) 0 2 9 $11212009 Famll 21 0 9 12 24 11 Yffillill 4t 3 PlcdGremar M111110m1 A la. 3201 West Pin * BIVId loo An hies 90010 O 2004 1012007 Family 1 19 10 33 93 .31 + °: -;0:90 -0 Cllnlhn FamllVApatlmanip 2114 On On Sucel Las An ales 90026 2006 IV1212009 Family aA 24 0 12 36 1.00 '!'090 5 C anlaF ml A Wools 204 LUCas AVenu Los oaths 90029 —Pp— Op 2006 0 005 Family 21 2 12 ] 21 100 8 - yr d Terra a Femil A Is 1345 Emaraltl Odve Lan An atva 90020 0 2 D4 1200) Famll 85 8 38 39 193 1 02 ] filch*. Famli A nrimena 90N. Sf M1ol 6lrovt Las An Alva 00031 Oa 2008 ]2x12008 Famil 2S 0 12 J) 1.U0.[ 8 Ve onl Fn1r18 A1eri enla 40t5VOnnet en 9003] O 2010 51201 Fami 9 8 22 10 4B 1.00 .5. mn Ville aPerkA ed ,en1e 4601 E52 diva Vnmml 90053 O 512 812 0 15 Fami 45 B 2 4 ]8 1.98 `0.80 10 Cobrilla Faml AadmOnla 164U Cabdilo Ave Torrmmh 00501 O 4312915 land A 22 8 4 a8 150 0.83 11 Pedtic Avenue Adv C0lnn 5 1 aj0h AVn Son adry 90 1 1213012014 Pam 49 10 23 i9 9] 90 - 084: 12 La oannh96arnn1l V on Beth Sivd. Lm, 8enc1 tl002 O 212010 Fnm 40 0 0 20 104 2.20 "a r2v37, n, 1 5 m oVllo h ] 35 N. Wibdr AVenu* Rvaad. 01335 O 2009 ag u Famil ]3 20 6 25 118 1.58 0:]T' 14 Oerrdo Fam11 A ar1manls 129 EI Oarvd*AV *hue 6 mnr 81342 O 2008 9l 1200 Femi 90 1a 4 IS T9 13 " 0:85 15 Tables Tartvice A ed a la 9 4] Va s eivtl Penote a CII 01402 O 2011 9120 3 Pvmi 50 JB 0 19 95 1.18 ' "094 19 Thv Arry al Baker ench 2 OtlO RannOO Pnd<wa 9, La eel 8283 O A211010 Fnmi 189 5) ]5 5T 321 i.)0 - - [,085: 1 nr o Inch Pelm Famll Ala. 198-02 Yarde Linde 9lvtl Yotbs Linde 02986 O 120tl] Fe 1 44 0 0 30 91 220 1199. 10 .0 SOl C04r 55 nvvnwnatl AVa ran d 84fii3 O t' a 44 Is 19 In 1UU 2.02 Mere n .93 0A2 6anin Ane Ada Calhny 1080 N. Blain 6l�In Ana 02]01 F4mlly 50 2U 15 i] 113 a .95 8 Based on this comprehensive range of considerations, it seems prudent that a variance is justifiable for this proposed adaptive re -use facility. 31 D -30 MLTA Housing — Santa Ana Arts Collective Parking Analysis April 20, 2016 Page 7 Traffic Intensity Factor (T1F) Analysis (aka Traffic (Queue Study) The following is a review of the traffic intensity of the proposed Meta Housing — Santa Ana Arts Collective Parking Facility. When designing a parking facility it is critical to consider the external traffic flow, internal traffic flow and the ingress /egress control plazas. This will result in a parking facility that will provide the highest level of user comfort and convenience. It is also critical to understand the TIF for the parking facility. This calculation takes into consideration assumed peak -hour traffic volumes, along with ease of traffic flow which depends on the type of parking operation It is, e.g, free parking, paid parking, short -term (shopping patrons /visitors) and long -term parking (employees), etc. The proper design of the vehicular ingress /egress control plazas ensures desirable traffic flow. Consideration of the user - groups is important. For Instance, some facilities may not require gate - controlled access, whereby traffic has a free -flow style. Other facilities may require gate controls to realize revenue potential or to control user -type parking areas, e.g, residents, long- term/employee parking, nested parking areas, short- term /visitor parking, etc. Project Description The Meta Housing — Santa Ana Arts Collective will be an affordable housing /adaptive re -use project that will have one (1) van accessible space located at the Grade Level and 112 parking spaces in a one- level, subterranean parking garage. Of these, ten (10) spaces will be reserved for visitors and three (3) spaces will be reserved for employees. These thirteen (13) spaces will be located outside of the gated controls (see Exhibit "A ") and will have free -flow vehicular ingress /egress. The residential parking will be located in a reserved parking area that will have vehicular gate controls for ingress and egress. The proposed vehicular access will be via one entrance gate and one exit gate. The gates will be traditional sliding gates as are normally used in multi - family residential properties. These vehicular gates are proposed to be controlled by typical garage door openers. The opening of these gates typically takes approximately five to ten seconds. This is normally how gate - controlled entrances and exits function. High speed gates for this type of project are cost prohibitive. Specifically, this review will include confirmation that the vehicular access lanes will be adequate in regards to the parking control service rate for the parking components of this affordable housing residential project. This 31 D -31 META Mousing —Santa Ana Arts Collective Parking Analysis April 20, 201 G Page B analysis will focus on arrival rates since a primary concern of most destinations is allowing visitors /residents efficient access to the site efficiently. Visitor /Employee Parking As it relates to the ten visitor parking spaces and three employee spaces, industry standards indicate that the average vehicular headway for a free -flow system without vehicular control gates is estimated to be approximately 3.6 seconds per vehicle, if there is easy direct approach and no sharp /difficult turns into /out of the property. This equates to approximately 1,000 vehicles per hour per lane (60 seconds x 60 minutes = 3,600 - 3.6 seconds = 1,000 vehicles per hour). Conservatively, an assumption of 80% peak -hour traffic factor is used when considering the maximum traffic volume rate. Normally the traffic volume will be at a much lesser rate throughout the majority of the day, but 80% is being used as a conservative estimate for the purpose of this report. At 80% the maximum design rate is estimated to be, approximately 800 vehicles per hour. Residential Parking As it relates to the 99 residential parking spaces located in the subterranean level, industry standards indicate that the average vehicular headway for a gate - controlled system is estimated to be approximately 8.9 seconds per vehicle, if there is easy direct approach and no sharp /difficult turns into /out of the property. This equates to approximately 1,000 vehicles per hour- per lane (60 seconds x 60 minutes = 3,600 _ 8.9 seconds = 405 vehicles per hour). Conservatively, an assumption of 80 °% peak -hour traffic factor is used when considering the maximum traffic volume rate for this type of affordable housing residential property. Normally the traffic volume for this type of housing will be at a much lesser rate throughout the majority of the day, but 80% is being used as a conservative estimate for the purpose of this report. At 80% the maximum design rate is estimated to be approximately 324 vehicles per hour. Parking Control Service Rates The following are the anticipated parking control service rates for the visitor, employee and residential parking at the Meta Housing — Santa Ana Arts Collective: 31 D -32 META Housing -Santa Ana Arts Collective Parking Analysis April 20, 201 G Page 9 Visitor /Employee Parking Calculations — 13 Spaces At 80 %, the maximum visitor /employee traffic volume is 10.4 vehicles (.8 x 13). There is one entrance to the parking garage. Therefore, if all of the visitor and employee vehicles arrived at the same time, there would be a volume rate of 10.4 vehicles per lane. The TIF is then calculated as: 10.4 vehicles per lane _ 800 est. peak -hour traffic rate = .013 TIF Exhibit "C" — Reservoir Needs vs. Traffic Intensity, indicates that a .013 TIF falls well within a LOS of "A" on a scale of "A" to "E ", LOS "A" being the best. LOS "A" is the range from approximately 0 to ,55. Residential Parking Calculations — 99 Sgaces At 80 %, the maximum overall traffic volume is 79.2 vehicles (.8 x 99). There Is one entrance to the parking garage. Therefore, there is a volume rate of 79.2 vehicles per lane. The TIF is then calculated as: 79.2 vehicles per lane - 324 est. peak hour traffic rate = .244 TIF Exhibit "C' — Reservoir Needs vs. Traffic Intensity, indicates that a .244 TIF falls within a Level of Service (LOS) of "A" on a scale of "A" to "E ", LOS "A" being the best. EXHIBIT "C" RESERVOIR NELGS Vf.a. 'RAFFI.^. INTENSITY ; L -�- ° -_— ` d _ ff Trtiffl IpAnnrllY G� kb i?Yrl...tl Raltsi. H °y. wur'vki, R,ala? t 31 D -33 MCTA Housing — Santa Ana Arts Collective Parking Analysis April 20, 2016 Page 10 Conclusion The estimated Traffic Intensity Factor for both calculations (visitors /employees and residential) falls well within Level of Service "A ". Therefore, the proposed parking facility entrance /exit configurations will be more than adequate for the anticipated traffic volumes to the Meta Housing — Santa Ana Arts Collective Parking Garage. For both calculations, as currently designed, the total queuing distance is approximately 175' to 180'. Typically, queuing is the distance from the property line at the vehicular entrance(s) to control gate(s). In the case of the Meta Housing — Santa Ana Arts Collective Project it is the distance from the driveway at the property line at N. Sycamore Street to the first visitor parking spaces and vehicular control gates. At an assumed 18' vehicular length, this equates to a vehicular queuing of approximately ten (10) vehicles. With this, it is reasonable to believe that the proposed design is adequate to serve the needs of the site. Parking Design Group has used what would be considered to be conservative assumptions for these estimated TIF calculations. It would be reasonable to expect even better results, an improved LOS "A" if more liberal assumptions were applied, e.g. 80% peak -hour traffic flow rate. The calculations used in this analysis are based on industry- accepted standards and are typically used for determining similar TIF analyses for various types of parking facilities. Thank you again for the opportunity to provide our services on this important project. Please contact us with any clarifications needed or questions you may have. Sincerely, rA. David L. Vogel, Design Partner Attachments � �•. a' 11/0 i114 • .._:. - ,, is il•_ Y� •i xvcL21 a rt 31r� f p:\ users\ dnvid \Ja¢Idop \pdq \Prnjecta \arutlip I I I \soots ons arts colony\ anntunnaartecolon y porHinganeiprrkingdasiqnqrpup04 201 B.duc 31 D -34 0 , M_ are° `° parking design group W, Para Green (1G isawnaily- aancdCmnsd2ryalParkirttl evyn Gronp LLP Santa Ana Arts Colony Santa Ana, CA NORTH Proposed Parking Layout Scale: 9" = 40'(1 I "x 5.5" Sheet) Perking Capacity.. 99 Resident Qncluding S Access.) 10 Visitor (Including 1 Van Access.) 9 Employee 112 Total 31 D -35 Submitted to City ot Sari niepo Submitted by MbLY Srfl&� tilt— In association with AD— OM Michac-! R, Kedonl'l Nalf1iing (ow,okjwt�, Ric hard Mison PhD Nsil icwai Wla and 5ui veymp, 'Iervires WilburSmIth A 5 S 0 L I A T C 5 San Diego Affordable Housing Parking Study December 2011 31 D-36 Executive Summary Purpose & Goals The purpose of the San Diego Affordable Housing Parking Study was to determine the links between affordable housing variables (income levels, household age, transit accessibility, land use context, and housing type) for use in developing a corresponding regulatory framework for parking requirements. Organization & Process The study was broken down into the following discrete related tasks addressed by a collaborative team process. • Stakeholder and Public Outreach • Best Practices and Case Studies • Review of City Policies and Current Research • Applied Parking Model • Data Collection Methodology & GIS Database a Policy Recommendations • Statistical Analysis & Parking Demand Tool Stakeholder & Public Outreach A detailed public outreach strategy was developed including the use Project Working Group (PWG) that was used to solicit advice and feedback on policy issues. Other key elements of the outreach included project fact sheets, a public workshop and stakeholder focus groups. Review of City Policies, Current Research & Best Practices The city's parking code and policies, recent industry research pertaining to affordable housing and parking requirement adjustments, and best practices from similar communities were reviewed, revealing the following: 1) There is a substantial gap between demand for affordable housing and the number of units that can realistically be built in San Diego. 2) Affordable housing developments in San Diego are subject to a complex set of parking requirements and potential modifications. But, it is not clear the current code provides modifications in a manner consistent with a project's likely parking demand. 3) in addition to increasing the price of housing by driving up construction costs, parking requirements also impact site design; reducing the land available for residences. 4) While the costs created by excessive parking requirements affect all types of homeowners and renters, their impact on lower income households is particularly disproportionate because low income households consistently own fewer vehicles than their higher income counterparts. Data Collection Methodology & CFS Database GlS Database of Affordable Housing Sites: The consultant team developed a master list of affordable housing project sites based on city records.' The database contained 265 unique developments that were coded with a series of "project" and "neighborhood" variables that captured key characteristics about each development's qualities and surroundings. The sites were further reduced to eliminate all sites with less than 80% restricted units leaving 138 affordable sites available for data collection. Site Selection Methodology: The 1.38 sites established a variable profile target for a future a data collection sample. The goal for data collection was to select a minimum of 30 sites to survey that met the existing I . The list maintained by SDHC, RDA, CCDC and SEDC included both rental and ownership developments and contains project types ranging from senior housing, to transitional homes, to inclusionary units within larger market rate developments, ES -1 i 31 D -37 i project characteristic mix (existing population of affordable housing sites) and 20 of those sites to collect on- site parking occupancy data. The final selection was made by the city staff. Sources of data for the study are summarized as follows: • Household surveys — Household characteristics (e.g. size, income, # vehicles, parking behavior) • Management surveys - Project characteristics, details and operations • Field observations — Parking counts, land uses and parking restrictions, A total of 27 80 household surveys were distributed to 34 selected project sites with an overall 40% return. One management survey was returned for every project site. Field observations were conducted at 21 sites that maintained the original sample mix and also had a survey response rate of 20 percent or more. Occupancy data was collected at each site both on and off- street between the hours of 12AM and 4AM to measure peak resident parking demand. Property manager feedback was most helpful in the review of tandem parking and parking assignment practices. fla.rking I7a eland Analysis, The statistical arralysisof the survey and field data provided a step -by -step examination of the primary determinant of resident lal parking demand- household vehicle availability— considering both the level household vehilde avaihbility and factors that affect it. The findings are summarized as l'oilows:; 1) Parking demand for affordable projects is about one half of typical rental units in San Diego; almost half the units surveyed had no vehicle:' 2) Parking demand varies with type of affordable housing (i.e., Family Housing versus SRO); higher 3) the amount of peak overnight parking used was less than the amount Parking Model: A parking model was developed based upon the findings in the statistical analysis. It provided empirically-based rates for four types of affordable housing: Family, Living Unit /SRO, Senior Housing, and Studio - ]. Bedroom. The model's predictions were compared with existing requirements and supply patterns, to understand the alignment of those requirements with actual demand levels. The main conclusion from these tests was that current requirements do not require significantly more parking than the household survey -based parking model would suggest. Overnight parking occupancy in projects (where data was available) was less than the current requirements and the model prediction, but overnight parking counts did not account for visitor parking, overnight trips by residents, and some other aspects of demand. ecomYXI en CIO fl rids it was recommended that the parking modal be used to create a, fool; up table of new affordable housing parking requirements. The parking regNiren, ents are determined based on type of afforefable housing and its context in, terms of transit avaffabilfty and, walkability. The parking, requirements also include provisions for visitor and staff parking and expected vacancy. The recornmen&if parsing reclufrements are summarized in the following table, ES -2 ( 31 D -38 r� V , 4 W `o w c � rl C C b M L> b � ti r ri F F-1 N N N N N N ° N N y U , �1p.1 O F � �y N M ° 3 ° yr `j. t O t t,J t N N O o c ci d d c ci c ci a L d CY. a ti u .r z W ^ ^ M Lq N N d O O � M M O O W; m W b b M ` `�. c c5y i14-1 .•.��s r raa z z n nrj m mac' M M10 v n n o o 0 0 0 0 4 v o w w v vl u u°i I In 0 0 0 0 0 a d It 7 I It t tI It C 7 It a � a m � r E v c m E E `c 3 y W It E 6 3 $ 0 0 0 4 N W It E 0 a � ry ti m a v �fi y w E N 4 O v t m � N W n F � a U C y C d C V N C p C Q m ecL W C N O v L i vU- N y � i Itl C ta,1 N tl It J O V ry w1O v 9 v V p P W 5 a `o > n E 4> E a v a o 3 W uti m N CN 11 L N c m a '''ou ire > vl a I� a .- �rvmww.o r. M w 1 T W 31 D -40 Santa Ana Arts Collective Meta Family Developments Parking Analysis Project Address City gip Total 1OR 26R units 7 Sichel Family Apartments 1805 N. $!chat Street Los Angeles 90031 37 25 0 8 Vermont Family Apartments 4915 Vermont Los Angeles 90037 49 8 22 10 Cabrillo Family Apartments 1640 Cabrillo Ave Torrance 90501 44 22 8 15 Tobias Terrace Apartments 9247 Van Nuys Blvd Panorama City 91402 56 38 0 3 Pico/Gramercy Multifamily Apia. 3201 West Pico Blvd Los Angeles 90019 71 19 19 14 El Dorado Family Apartments 12129 El Dorado Avenue S Imar 91342 60 18 24 9 Vemon Village Park Apartments 4601 E 52nd Drive Vernon 90058 45 9 22 13 Sherman Village 7135 N, Wilbur Avenue Reseda 91335 73 20 28 18 The Grove at Sunset Court 55 Havenwood Ave Brentwood 94613 54 18 18 12 Lon Beach & Burnett 2355 Long Beach Blvd. ach 90802 46 0 26 6 Emerald Terrace Family Apts. 1345 Emer ald Drive eles 90026 85 a 38 2 Union Point Famil A artments 420 Union Drive ales 90017 21 0 9 16 The Arro a at Baker Ranch 26000 Ranoho Parkway South est 92630 1$9 57 75 5 Coronita Famil Apartments 204 Lucas Avenue nLong ales 90026 21 2 12 11 Pacific Avenue Arts Colon 303 South Pacific Ave ro 90731 49 10 23 17 Yorba Linda Palm Famil A ts. 18542 Yorba Linda Blvd. nda 92886 44 0 8 Clinton Famil A artments 2114 Clinton Street eles 90026 36 24 0 1 Adams and Central 939 E. Adams Blvd. eles 90011 80 15 35 ,. 535 177 167 Santa Ana Arts Colony 1666 N. Main St Santa Ana 92701 58 26 15 31 D -41 Property list M:1Current ProjectsWeta Housing 1666 N MainWeta Family Developments Parking 31 D -42 L5 5.9.16 RESOLUTION NO. 2016 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2016 -04 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED PARKING FOR THE PROPERTY LOCATED AT 1666 NORTH MAIN 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 Variance No. 2016 -04 to allow a reduction in required parking pursuant to SAMC Section 41 -1652 for a mixed -use adaptive reuse project proposed at the property located at 1666 North Main Street. B. On May 9, 2016, the Planning Commission held a duly noticed public hearing on Variance No, 2016 -04. C. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to approve this Variance application pursuant to Santa Ana Municipal Code (SAMC) Section 41 -1652, have been established for Variance No. 2016 -04 for the proposed reduction in required parking: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, that 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 location and surroundings. The proposed use will be located on a project site that is built out and is completely surrounded by streets or other development. Due to its location, there is no feasible option for providing the additional parking that the Adaptive Reuse Ordinance requires for the new construction proposed as part of the adaptive reuse project. Based on a parking analysis and comparison with other affordable housing projects in the region, staff analysis shows that the number of on -site parking spaces will be sufficient to meet the needs of the project. Moreover, the parking analysis prepared for the A Resolution No. 2016 -xx 31 D -43 Page 1 of 7 project and the comparable San Diego Affordable Housing Parking Study indicate that a surplus of parking spaces will be provided for the project. As a result, the parking variance will allow the applicant the ability to use the property in a manner that is consistent with the surrounding land uses without detrimentally affecting the area. 2. 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. The granting of the parking variance will preserve the property owner's ability to convert the building to a use that will contribute to the community by providing family - oriented affordable housing and ground -floor commercial uses. The site that is the subject of this application has remained underutilized in recent years. The granting of the variance will allow a new type of use, a mixed -use, arts- and family- oriented affordable housing project, to establish itself in Santa Ana. 3. 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 detrimental to the public or surrounding properties. As demonstrated in the parking analysis for the project, the site will have sufficient parking to accommodate the various uses proposed as part of the adaptive reuse project. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial or residential neighborhoods. Further, the granting of the variance will allow the property owner to redevelop the site, contributing to the vitality and success of the Main Street corridor, which has emerged as an arts and educational corridor in recent years. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. 4. 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 the proposed adaptive reuse project use is consistent with Goals 1 and 2 of the Land Use Element of the General Plan. These goals encourage uses such as the Santa Ana Arts Collective that promote a balance of land uses to address Resolution No. 2016 -xx 31 D -44 Page 2 of 7 basic community needs such as housing and commercial uses and which enhance the City's economic and fiscal viability. In addition, the project is consistent with Policy 2.2 of the Land Use Element, which supports commercial uses that accommodate the City's needs for goods and services, including arts production spaces, galleries, and community centers. Furthermore, Policy 2.8 of the Land Use Element promotes the rehabilitation of commercial properties, and encourages increased levels of capital investment. The Santa Ana Arts Collective adaptive reuse project will include significant improvements to a building that has remained underutilized in recent years and will include additional investment in new construction. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. The project will be located in a primarily commercial area and its operations will be compatible with the surrounding commercial businesses and their operations. The parking analysis provided for the project and the comparable San Diego Affordable Housing Parking Study indicate that the proposed parking is more than adequate to meet the needs of the site. Conditions of approval will also ensure that the project remains compatible with surrounding land uses. D. In accordance with the California Environmental Quality Act, the proposed project is categorically exempt from CEQA review per Section 15332, The Cuss 32 exemption applies to projects characterized as infill development meeting the following conditions: the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; the project site has no value as habitat for endangered, rare or threatened species; approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and the site can be adequately served by all required utilities and public services. In analyzing the variance application, staff finds that the project qualifies for the Class 32 exemption. The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations through the Adaptive Reuse Ordinance. As proposed, the project will meet the intent and standards of the General Plan Land Use Element and SP -3 zoning district standards. Moreover, the proposed development will take place within city limits and is on a Resolution No, 2016 -xx 31 D -45 Page 3 of 7 project site that is less than five acres in size and is surrounded by urban uses. The project site has no value as habitat for endangered, rare, or threatened species and is not identified in the General Plan as having such value. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The City's Planning Division and Public Works Agency have reviewed the proposed project and have determined that the amount of traffic, noise, air quality impacts, or water quality impacts are below thresholds that would warrant further analyses. Finally, the site is already served by all required utilities and public services as it is located within a heavily - urbanized area near the intersection of Main and Seventeenth streets. Based on this analysis, a Notice of Exemption for Environmental Review No. 2016 -17 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Variance No. 2016 -04 as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 1666 North Main Street. 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 May 9, 2016, and exhibits attached thereto and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 9th day of May, 2016, AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2016 -xx 31 D -46 Page 4 of 7 James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 9, 2016, Date: Acting Recording Secretary City of Santa Ana Resolution No. 2Q16 -xx 31 D -47 Page 5 of 7 EXHIBIT A Conditions of Approval Should the Planning Commission approve Variance No. 2016 -04, 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 prior 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. 1. All proposed improvements must conform to the Development Project Review approval of DI' No. 2016 -09 and the staff report exhibits. 2. Prior to submittal into Building plan check, the applicant shall establish the location of a trash pickup staging area through coordination among the Planning Division, Public Works Agency, and trash service provider. 3. Prior to submittal into Building plan check, the applicant shall provide the Planning Division and Public Works Agency two copies of an approved parking management plan for residents, visitors /guests, and patrons of any events or commercial activities. The parking management plan shall contain information on number of parking spaces assigned to each unit, parking permits, and on- or off -site parking and valet strategies for any special events. 4. Prior to submittal into Building plan check, the applicant must provide the Public Works Agency and Planning Division an authorization from the adjacent property owner to the south of the project site for the relocation of the driveway approach along the adjacent owner's property frontage on Sycamore. 6. Prior to submittal into Building plan check, the applicant shall submit street improvement plans that, among other requirements, indicate the removal of parking restrictions where possible along the property's frontage on Sycamore Street, 6. Prior to issuance of building permits, applicant shall submit detailed landscape, furnishing, lighting, and irrigation plans to the Planning Division for review and approval. Resolution No. 2016 -xx 31 D -48 Page 6 of 7 7. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine whether administrative relief is available or the variance must be amended. Resolution No. 2016 -xx 31 D -49 Page 7 of 7 31 D -50 CITY COUNCIL MEETING DATE: JUNE 7, 2018 TITLE: CONDITIONAL USE PERMIT NO. 2016-21 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT SUPER KING MARKET LOCATED AT 2741 WEST MACARTMUR BOULEVARD — DAVID WEISSGLASS, APPLICANT {STRATEGIC PLAN NO. 3, 2) CITY MANAGER O*N 11 11711 -4 ►, 1614 r _a,_ i CLERK OF COUNCIL USE ONLY: 0 As Recommended Q As Amended El Ordinance on 1®' Reading El Ordinance on 2nd Reading [I Implementing Resolution E] Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2018.21. PLANNING COMMISSION ACTION At its regular meeting on May 23, 2016, by a vote of 6 :1 (Mill opposed, Bacerra absent), the Planning Commission adopted a resolution approving Conditional Use Permit (CUP) No. 2016 -21 which approved the sale of alcoholic beverages (beer, wine, and distilled spirits) for off - premise consumption at Super King Market at 2741 West MacArthur Boulevard located in the General Commercial (C -2) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A), r' r ► Super King Market is requesting approval of a CUP to allow the off - premise sale of beer, wine, and distilled spirits to patrons of the grocery store. Pursuant to Section 41 -196 of the SAMC, markets wishing to sell alcohol to patrons require approval of a CUP; however, the use of the property as a retail market/grocery store is permitted by right. The market will occupy a tenant space that contained a Ralph's grocery store. Ralph's ceased business activity in October 2016. Super King Market began tenant improvements In March 2016. The project proposes no expansion of square footage, Alcohol storage and display areas, located near the front - center of the store, will consist of less: than five percent of the floor area, and the proposed hours of operation for the market are from 7:00 a.m, to 9 :00 p,m, daily. Full -sized site plans are available for public viewing in the Clerk of the Council Office, 31 E -1 Conditional Use Permit No June 7, 2018 Page 2 2018 -21 - Super King Market ABC - 2741 West MacArthur Boulevard STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Objectives #2 (create new opportunities for business /job growth development through new General Plan and Zoning Ordinance policies), W. There is no fiscal Impact associated with this action. Hassan Hag ani, AOP Executive Director Planning & Building Agency AP:rb aptrePortsMoff Reports for CMCUP1 d =21. Super King Type 21 ABC= Exhibit: A. Planning Commission Staff Report 31 E -2 REQUESTFOR PLANNING COMMISSION MEETING DATE: MAY 23, 2016 TITLE: PUBLIC HEARING — FILED BY DAVID WEISSGLASS FOR CONDITIONAL USE PERMIT NO. 2016.21 TO ALLOW AN ALCOHOL BEVERAGE CONTROL LICENSE AT SUPER KING MARKET LOCATED AT 2741 WEST MACARTHUR BOULEVARD {STRATEGIC PLAN NO. 3,2) Prepared by _Ali_ Pezeshkpour 4xe ve Director - -- PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set. Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO RECOMMENDED ACTIONS Adopt a resolution approving Conditional Use Permit No. 2016 -21. Request of Applicant Planning Man er David Weissglass, representing Super King Market, is requesting approval of a conditional use permit (CUP) for an Alcoholic Beverage Control (ABC) license to allow the off - premise sale of beer, wine, and distilled spirits at a full - service market to be located at 2741 West MacArthur Boulevard. Establishments that sell alcoholic beverages require approval of a CUP pursuant to Section 41 -196 of the Santa Ana Municipal Code (SAMC). Proiect Location and Site Description Super King Market is currently in the process of making tenant improvements to occupy the space formerly occupied by a Ralph's grocery store at the northeast corner of Fairview Street and MacArthur Boulevard. The market space contains approximately 48,617 square feet. The entire property is approximately 9.24 acres in size and contains approximately 92,456 square feet of leasable area and 515 parking spaces. The General Plan land use designation for the site is General Commercial (GC), which allows for commercial and office uses. General Commercial designation provides accessible commercial development along the City's arterials as well as support facilities and services, including offices, restaurants and various other services. The project is consistent with this General Plan land use designation. The site is located within the Arterial Commercial (C -5) zoning district. The C -5 zoning district allows for commercial and service uses such as retail markets, making the proposed use consistent with the zoning designation. Surrounding land uses include residential uses to the north, east, and south across MacArthur Boulevard, and industrial uses to the west across Fairview Street (Exhibits 'I, 2 and 3). EXHIBIT A 31 E -3 CUP No. 2016 -21 May 23, 2016 Page 2 Protect Descriation Super King Market is requesting approval of a CUP to allow an Alcoholic Beverage Control (ABC) license for the off - premise sale of beer, wine, and distilled spirits to patrons of the grocery store. Pursuant to Section 41 -196 of the SAMC, markets wishing to sell alcohol to patrons require approval of a CUP; however, the use of the property as a retail market/grocery store is permitted by right. The market will occupy a tenant space that contained a Ralph's grocery store. Ralph's ceased business activity in October 2015. Super King Market began tenant improvements in March 2016. The project proposes no expansion of square footage. Alcohol storage and display areas, located near the front - center of the store, will consist of less than five percent of the floor area (Exhibits 4 and 5), The proposed hours of operation for the market are from 7:00 a.m. to 9:00 p.m. daily. Project Backcaround The subject site, South Coast Marketplace, contains multiple neighborhood - serving businesses. In August 1995, Land Use Certificate (LUC) No. 95 -134 was issued to allow the former Ralph's supermarket to sell beer, wine, and distilled spirits for off -site consumption. In October 2015, Ralph's closed after 20 years of operation, leaving the surrounding neighborhoods without a full - service grocery store. SAMC Section 41 -683.5 requires that Super King Market apply for a CUP because the previous LUC, as a nonconforming entitlement, expired after six months of inactivity. In January 2016, Super King Market submitted tenant improvement plans for the vacant space, with permits issued In March 2016. Super King Market intends to open in mid -June, which is after the six -month timeframe that would allow the supermarket to sell alcohol without the need to apply for a new CUP. Super King Market is a southern - California based chain of full- service supermarkets. All stores carry a variety of fresh and dry goods, including produce, meats, dairy, bakery items, and sundries. The applicant is requesting approval of a CUP to allow the sale of beer, wine, and distilled spirits for off -site consumption to patrons, similar to what is offered at other locations. The company operates six locations, including one in Anaheim. Project Analysis Conditional use permit requests are governed by Section 41 -638 of the SAMC. Conditional use permit request may be granted when it can be shown that the proposed project will not adversely impact the community. 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. 31 E -4 CUP No. 2016 -21 May 23, 2016 Page 3 The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, to limit the number of establishments to avoid overconcentration of establishments that sell alcoholic beverages, and to minimize impacts to surrounding areas, Because the proposed Super King Market will exceed 10,000 square feet in size, the overconcentration and separation criteria established in SAMC Section 41- 196(4) do not apply. However, approval of a CUP is still required to allow the supermarket to sell alcohol. Staff has reviewed the applicant's request to establish an off -sale ABC license at this location. In analyzing the request, staff believes that the following findings of fact warrant approval. The proposed off -sale ABC license will provide an additional service and convenience to the community by allowing patrons the ability to purchase alcoholic beverages in conjunction with groceries and other general merchandise found in the store. The proposed use will not be detrimental to the health, safety, and welfare of the community. Super King is an established supermarket chain with policies, procedures, and employee training programs focused on preventing the sale of alcoholic beverages to minors. Moreover, Super King Market has acquired a license that is already established in the retail shopping center, which has no history of disciplinary action, and relocating to a different unit within the same center. The proposed project will enhance the economic viability of the area and enable this neighborhood - serving retail center to continue to compete with nearby shopping centers in Santa Ana, as well as those in Costa Mesa, The proposed ABC license will be in compliance with all other regulations, including alcohol storage and display area and separation criteria set forth In Section 41- 196(c) of the SAMC. Further, the site will be in compliance with all operational standards set forth in Section 41- 196(f) of the SAMC, which govern the off - premise sale of alcoholic beverages (Exhibit 6). Finally, the proposed ABC license will be consistent with several goals and policies of the General Plan, including Goals 2 and 5 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability, that mitigate any potential impacts, and are compatible with and supporting of surrounding land uses. Super King Market is proposing to locate within an existing commercial shopping center, with its operations and proposed ABC license compatible with the surrounding uses. Police Department Analysis The Police Department reviews conditional use permit applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with such uses are mitigated to the greatest extent possible. For off -sale licenses, the 31 E -5 CUP No. 2016 -21 May 23, 2016 Page 4 Police Department compares crime in the project area to crime citywide. Crime data is collected by reporting district. When a project is located in a reporting district with more than 20 percent of the average crime rate citywide, the Police Department will consider this information in making its recommendation. The project at 2741 West MacArthur Boulevard is located in Reporting District No. 110. Reporting District No. 110 ranks 56th out of 102 reporting districts in the number of police related calls for service. This reporting district is below the average for criminal activity threshold established by the State for high crime, The Police Department contends that the operational standards applicable to off -sale ABC licenses will mitigate any potential negative impacts to the surrounding community. Public [Notification The project is not located within the boundaries of an established Neighborhood Association. However, the project site was posted with a notice advertising this public hearing, a notice was published in the Change 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. CEQA Co Rance In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the off - premise sale of alcoholic beverages from an existing structure. No expansion of square footage or modification to the exterior of the building is proposed as part of 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). 31 E -6 CUP No. 2016 -21 May 23, 2016 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2016 -21. � V Ali Pezeshkpour, AICP Senior Planner AP:jm ep \reportsVStaff Reports for MCUP16 -2'1 Siper King Type 27 ASC.pc 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 Off -Sale Establishments 31 E -7 SEGEIISTROM AV 14 ^`cr Mi Mt mi m [ M1 M, N Al A 3 J m Ml z w Z Q 2 � -,•,, - r � nz,vno w Ml Mt 1,-FL„ Izarno 7 u SI?tll g Iiwll tlar a Ii�ll N11THUR Mt M� " � navno P Mt Mt M1 R3 v 1 SD -74 SDSR r5 nl n PRQJ SfTE n. sa -ss G I„ n. E 15074 ql" Mt m SD,58 w nl m ni Al nl s " "wni xJ.CI sr.xr_ .x�uM e�mrs Al Cdd uw? ACAaJUIJRALt CR CCWIMQ ALf DWTAL RI 9NGtEMM1LYfE4Dt MAL -B RIAINGMOOIFIATON OC OOYSNMWTCURER m MOFMILYR-90MCE CHMI CDAMMALSOUTi MAIN M, UGHTINDUSTJAL m MULIIR.EO&19TlMULTR.E CI C:MMUNrrYOCMM9 L M2 HCAWINDUMRAL MMILYFb909JCE CI.MD QCMM. COMMMAUMIP.8N 00INGT MO MIIJTAFYOR TG$ R, SUUJ ANAPARIM9ViS C2 B8V LO.CNM9OAL 0 ORm SALE w F4S'094TALBTAIE CI UNWLBU5NlMS P F,bFESSORAL M> Ei RCaFvIlCPM1WT C&A CH WI.8U9NL%ARR8TNt1ACE FCD PLANNED COMMUNITY OE/ROFMENT ?P UWRCPAN G 1+.ANNEDISHO IW;mT3i Ffm MNN�f IDEIIALDSV OW T C5 AMERALCOMMBmAL CUP 2016 -21 SUPER KING ABC LICENSE 2741 WEST MacARTHUR BOULEVARD — — =500 F&T P L A N N I N G A N D B U I L D I N G A G E N C Y EXHIBIT 1 VICINITY MAP 31 E -8 CUP 2016 -21 SUPER KING ABC LICENSE �& cw 2741 WEST MacARTHUR BOULEVARD O L A N N N G A N D B U I L 0 1 N G A G E N C Y LAND USE MAP EXHIBIT 31 E -9 w v w tDE J F F a � w w u z Ln ?P} OJ{ECT S I N G L E SITE F A M I L Y v x _ c R E S I D E N C E u } r MacARTHUR BOULEVARD M L 1- F A M I L Y E I E C a w o JUNIPER STREET > v > M L 1 I F A M I L Y w a Q E I E ` LL Rl7 CUP 2016 -21 SUPER KING ABC LICENSE �& cw 2741 WEST MacARTHUR BOULEVARD O L A N N N G A N D B U I L 0 1 N G A G E N C Y LAND USE MAP EXHIBIT 31 E -9 CUP 2016 -21 SUPER KING MARKET ABC LICENSE 2741 WEST MacARTHUR BOULEVARD SITE PHOTO EXHIBIT 3 31 E -10 b9 d I ea ONlHXMVWDt\ffXMd"�n's :H Er of TYR � ti y � � `�` `�� Ho� - H4 10,77 %J I tlil- La 01 111#111-SIRIAIV-11 4o 11 [JLLj]jjbrg—dL P f AV 1AAaS AIMANW4 EXHIBIT 4 31 E -11 I WN G, m 0 11 t� i � I S II 112 VA, M dry 1- 2, b T-A ... .. ----- T 'ORI 0 10 J�j Al MM a. 'All 40% fli 1111 P. d ? lea, ll� w-- AME 31 E -12 Sec. 41 -196. Establishments selling alcoholic beverages. Operational standards for off -sale establishments. The following operational standards shall be included as informational conditions in the conditions of approval for the conditional use permit required pursuant to Section 41 -196 No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin - operated games maintained on the premises at any time 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty -four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ( "CPC ") section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. 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; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age /checking identification of patrons; calling the police regarding observed or reported criminal activity. EXHIBIT 6 1 of 3 31 E -13 11. If there is a marked or noticeable increase in the number of police - related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state - licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre - packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 12:00 /midnight each day of the week unless otherwise modified by the granting of an after -hours conditional use permit. 15. Existing building 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. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty -five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed- access cash controller or drop safe must be installed, 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 2of3 31E-14 22. No person under the age of twenty -one (21) shall sell or deliver alcoholic beverages. 23. Provide a closed circuit television system approved by the police department and capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP) -based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. 3of3 31 E -15 LS 5.23.16 RESOLUTION NO. 2016 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO, 2016 -21 TO ALLOW OFF - PREMISE SALE OF ALCOHOLIC BEVERAGES AT THE PROPERTY LOCATED AT 2741 WEST MACARTHUR 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. Applicant is requesting approval of Conditional Use Permit No. 2016 -21 to allow an off - premise Alcoholic Beverage Control (ABC) license at the property located at 2741 West MacArthur Boulevard. B. Santa Ana Municipal Code Section 41 -196 requires approval of a conditional use permit for establishments selling alcoholic beverages for either on -site or off -site consumption. C. On May 23, 2016, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2016 -21. D. The Planning Commission of the City of Santa Ana 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. 2016 -21 to allow for off - premise Alcoholic Beverage Control license: That the proposed use will provide a service or facility which will contribute to the general well -being of the neighborhood or community. The proposed off -sale Alcoholic Beverage Control license will provide an additional service and convenience to the community by offering patrons the ability to purchase alcoholic beverages along with groceries as well as a variety of general merchandise that is available to the general public. The ABC license will not negatively affect the surrounding community as standards are applicable to the license that will reduce potential impacts and avoid the potential for an attractive nuisance being established. By adding alcoholic beverages to other items offered at the store, Super King Resolution No. 2016 -xx Page 1 of 4 31 E -16 Market can better serve the community by providing added convenience and a one stop shopping experience. 2. 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. The proposed ABC license will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity as operational standards will ensure that the use will not create any negative or adverse impacts. Super King Market is an established supermarket chain with policies, procedures, and employee training programs focused on security, alcohol responsibility, and preventing the sale of alcoholic beverages to minors, which ensure that alcohol sales are handled in a responsible manner. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed ABC license will not adversely affect the present economic stability or future economic development of properties surrounding the area. Conversely, the approval of this application would enhance the present and future economic stability of the property by further diversifying the products and services offered within the store and in the shopping center in general. Further, this will allow the shopping center to remain competitive with similar uses in the area. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed alcohol license will be in compliance with all applicable regulations and operational standards found in Chapter 41 of the Santa Ana Municipal Code regarding off - premise alcohol licenses. Operation standards will ensure the project remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. 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. Resolution No. 2016 -xx Page 2 of 4 31 E -17 The proposed use will not adversely affect the General Plan. Supermarkets that offer alcoholic beverages for off- premise consumption are permitted within the General Commercial (GC) General Plan land use designation. The project is consistent with Goals 2 and 5 of the Land Use Element of the City's General Plan which promote land uses that enhance the City's economic and fiscal viability and that mitigate any potential impact crimes such as loitering, disturbing the peace, graffiti and other crimes that impact surrounding businesses and residential neighborhoods. Further, the project is consistent with Policy 2.2 of the Land Use Element, which encourages land uses that accommodate the City's needs for goods and services. The granting of this application is also consistent with Policy 5.5 of the Land Use Element of the General Plan, which encourages projects that are compatible with surrounding land uses. The use will be located within a neighborhood - serving commercial center 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 15061(b)(3), which is a general rule exemption applying to projects that have no possibility of having a significant impact on the environment. General Rule Exemption Environmental Review No. 2016 -58 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2016 -21 for the project located at 2741 West MacArthur Boulevard. 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 May 23, 2016, and exhibits attached thereto; and, the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2016 -xx Page 3 of 4 31 E -18 ADOPTED this 23rd day of May, 2016, AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: James Gartner Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, ROSA BARELA, Acting Recording Secretary, do hereby attest to and certify the attached Resolution No. 2016 -xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 23, 2016, Date: Acting Recording Secretary City of Santa Ana 31 E -19 Resolution No. 2016 -xx Page 4 of 4 31 E -20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE; EMERGENCY ORDINANCE ADOPTING A 45 -DAY MORATORIUM ON THE ESTABLISHMENT, OPERATION OR EXPANSION OF ANY BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USE OR MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT {STRATEGIC PLAN NO. 5,41 CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1'� Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Reaolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an emergency ordinance adopting a 45 -day temporary moratorium on the establishment, operation or expansion of any boardinghouse, lodging house, rooming house or multiple tenancy in a single apartment unit. DISCUSSION Management for at least one apartment complex in the City has expressed the intent to rent individual apartment units to separate tenants. As in boardinghouses, lodging houses and rooming houses, the management would rent a bed in a bedroom with two or more beds. Although common tenants would have access to shared living, bath and kitchen areas, they would not necessarily share household responsibilities or activities. Current provisions of the Santa Ana Municipal Code (SAMC) do not clearly define or identify boardinghouse, lodging house, rooming houses or regulate multiple tenancies in a single apartment unit. Further, staff has received numerous calls from apartment complex residents and neighborhood representatives related to potential impacts on parking supply, increased traffic and other impacts affecting the quality of life in both the apartment complex and the surrounding community. As such, staff needs time to analyze the Santa Ana Municipal Code to review, study and revise the existing Code in order to respond to recent concerns relating to the impacts of short -term residential rentals in the City. The proposed interim ordinance will prohibit the establishment, operation or expansion of any boardinghouse, lodging house, rooming house uses and multiple tenancies in single apartment units for a 45 -day time period. 50A -1 Multiple Tenancy Moratorium June 7, 2016 Page 2 During the 45 -day interim ordinance period, a zoning study will be performed which will assist in the preparation of a permanent ordinance amendment to regulate these uses. An update on further study of this issue and a public hearing to consider extension of the moratorium or adoption of a permanent ordinance will be scheduled for the July 5, 2016 City Council meeting. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 - Community Health, Livability, Engagement and Sustainability, Objective No. 4 (support neighborhood vitality and livability). FISCAL IMPACT There �is no fiscal impact associated with this action. Hassan Haghani, AICP _® Executive Director Planning and Building Agency CN:rb cn\sober living \rfca multi tenant apartments.45moratorium 50A -2 ORDINANCE NO. NS -XXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 -DAY TEMPORARY MORATORIUM ON THE ESTABLISHMENT, OPERATION OR EXPANSION OF BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USES AND MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The City has been made aware of a business entity that may be planning to rent single apartment units to multiple separate tenants. The resulting use could be defined as a boardinghouse, lodging house or rooming house. B. Current provisions of the Santa Ana Municipal Code ( "SAMC") do not: 1. Clearly define boardinghouse, lodging house or rooming house uses or take into account the potential impacts associated with allowing multiple tenancies within a s i n g I e apartment unit; 2. Permit these uses within the R-1 (Single Family Residence), R -2 (Two Family Residence) or R -4 (Suburban Apartment) zoning districts; or 3. Permit these uses within the R -3 (Multiple - Family Residence) zoning district without a conditional use permit. As such, provisions of the Santa Ana Municipal Code require review, study, and possible revision in order to respond to recent concerns relating to the Impacts of permitting boardinghouse, lodging house or rooming house uses or the renting of single apartment units to multiple separate tenants in the City. C. Given these concerns, the City Council hereby requests that a study be undertaken of the current provisions of Chapter 41 of the SAMC to: 1. Address potential impacts of boardinghouse, lodging house or rooming house uses or the multiple tenant occupancy of apartment units; and 2. Determine whether such uses should be permitted in the City, and 3. If permitted, where such uses should be allowed and under what conditions. D. If a boardinghouse, lodging house, rooming house uses, or multiple tenant occupancy within a single apartment unit is permitted in an apartment house or multiple family dwelling within the City without further review and potential Ordinance No. NS- Page 1 of 4 y I' J regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. The above - described unregulated uses reasonably threaten to create increased parking demand that was not anticipated by existing parking requirements for multi - family uses. This demand may negatively impact the quality of life for other residents within the multi - family development. 2. Parking impacts created by the above - described unregulated uses reasonably threaten to create increased parking demand on adjacent streets and in adjacent neighborhoods, thereby negatively impacting the quality of life within these neighborhoods. 3. The above- described unregulated uses reasonably threaten to increase traffic within the apartment complex and negatively impact the quality of life for other residents within the multi - family development. 4. Increased traffic created by the above described unregulated uses reasonably threatens to negatively impact the quality of life within the surrounding neighborhoods. 5. The above - described unregulated uses threaten to undermine the purpose of the City zoning ordinance by: allowing inappropriate use of land, potentially destabilizing or reducing property values within adjacent neighborhoods, creating an undue concentration of population, and increasing congestion on adjacent streets. E. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this ordinance. The absence of this ordinance will create a serious threat to the orderly and effective implementation of existing ordinances and the general plan as well as any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; boardinghouses, lodging houses, rooming houses or multiple tenancy in single apartment units may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. F. The Request for Council Action for this ordinance dated June 7, 2016 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings forthis ordinance. Section 2. No boardinghouse, lodging house, rooming house uses, or multiple tenant occupancy within a single apartment unit is permitted within any residential zoning districts as defined in Article 11 of Chapter 41 of the Code. Ordinance No, NS- Page 2 of 4 y l] 1 I Section 3. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least two - thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter and shall be immediately effective pursuant to Section 417 of the City Charter. Further, California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning division is considering or studying or intends to study within a reasonable time. Section 4. This ordinance shall have no further force and effect forty -five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by two - thirds (2/3) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, bytwo - thirds (2/3) vote, extend this ordinance one more year. Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1 -8 of the Code. Section 6. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. Section 7. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A -F, inclusive of this ordinance. Ordinance No, NS- Page 3 of 4 y 1 ADOPTED this day of _ 2016, Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney BY" - Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D, HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2016, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No, NS- Page 4 of 4 y 1 M REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: RESOLUTION AMENDING VALLEY HIGH PERMIT PARKING DISTRICT RESOLUTION 1993 -077 (STRATEGIC PLAN NO. 5,4) I -L ' 4""- CITY MANAGE R7 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 10-20-1000wil ❑ As Recommended ® As Amended ❑ Ordinance on 1®' Reading ❑ Ordinance on 2A Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution amending the Valley High Permit Parking District Resolution 1993 -077 for the purpose of expanding the district to include the Centennial Park Neighborhood. DISCUSSION The City's permit parking program was established to limit intrusion of nonresidential and commuter parking into residential neighborhoods. The Valley High Permit Parking District, initially created in 1993, is generally bounded on the north by Edinger Avenue, on the east by Raitt Street, on the south by Warner Avenue, and on the west by Greenville Avenue. Owners and residents of properties on the residential blocks west of the Valley High Parking District have noted a lack of available parking on their streets and have asked to participate in the City's permit parking program. These residential blocks are not within an established permit parking district. Consistent with City policies, staff worked with the property owners to determine whether support exists to institute a permit parking district. Sufficient petitions were received from residents of Everglade Street between Anahurst Street and Maywood Avenue to meet the criteria for permit parking. Similar inquiries had also been received from residents of nearby streets. Therefore, to establish an area that accommodates any future requests, staff recommends amending the existing Valley High Permit Parking District boundary to include the area bounded by Edinger Avenue, Greenville Street, Warner Avenue, and Fairview Street (Exhibit 1). Council adoption of this resolution is required to finalize the new Valley High Permit Parking District boundaries (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 55A -1 Resolution Amending Valley High Permit Parking District June 7, 2016 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2016 -47 will be filed for this report. FISCAL IMPACT All revenues associated with this action will be deposited into the Parking Permit Fees Account (No. 08617002-51702). Freo Modsavipour Executive Director Public Works Agency FM /EWG /FO APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 9W Executive Director Finance & Management Services Agency Exhibits: 1. Map — Valley High Permit Parking District 2. Resolution 55A -2 4 e e e e e e e g t EDINGER AV WARNER AV EXISTING VALLEY HIGH PERMIT PARKING DISTRICT PROPOSED EXPANSION TO VALLEY HIGH PERMIT PARKING DISTRICT SANTA ANA PWA' CITY COUNCIL VALLEY HIGH UNER7TH216, PERMIT PARKING DISTRICT WRI. IC 1pAR5 40ENCY 55A -4 imf 5/4/2016 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 1993 -077 RELATED TO THE VALLEY HIGH PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT TO INCLUDE THE CENTENNIAL PARK NEIGHBORHOOD 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. Pursuant to Article XI (commencing with Section 36 -480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 1993 -077, the City Council of the City of Santa Ana established the Valley High Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference. C. Owners of residential properties immediately west of the Valley High Permit Parking District have noted a lack of available parking on their streets and asked to participate in the City's permit parking program. Consistent with City policies, sufficient petitions were received from such residents to meet the criteria for permit parking. Other nearby residents have also made inquiries. D. To accommodate the present and future requests, the City Council of the City of Santa Ana now desires to expand the Valley High Permit Parking District. Section 2. The Valley High Permit Parking District is hereby to consist in its entirety as follows: that area of the City of Santa Ana generally bounded on the north by Edinger Avenue, on the east by Raitt Street, on the south by Warner Avenue, and on the west by Greenville Avenue; and shall include the new additional Centennial Park Neighborhood bounded on the north by Edinger Avenue, on the east by Greenville Street, on the south by Warner Avenue, and on the west by Fairview Street, as more particularly described on Exhibit 1, attached hereto and incorporated by reference; Resolution No. 2016 -xxx Page 1 of Exhibit 2 55A -5 jmf 5/4/2016 provided that said district does not include any street on its outer boundary and sections of any street abutting non - residential uses within said district's boundary. Section 3. Permit parking restrictions shall apply to all portions of the Valley Adams and Centennial Park Neighborhoods, unless excluded by section 2 of this Resolution. Permit parking restrictions shall apply to those portions of the Valley High Permit Parking District as are determined to be in need of such restrictions by the Executive Director of the Public Works Agency. The Executive Director of the Public Works Agency is authorized to post appropriate signs giving notice of permit parking restrictions in those portions of the District where permit parking restrictions apply. Section 4. The parking restrictions imposed pursuant to Article XI and this Resolution shall apply to any block within the Valley High Permit Parking District only after a petition signed by the owners of sixty -six percent (66 %) or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions, and after signs indicating the parking restrictions on such block have been erected in accordance with Article XI. Section 5. No person shall park or stop any vehicle on any portion of any street, at any time, within the Valley High Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions and the specific nature of the parking limitation, except persons and vehicles exempted from such parking restrictions pursuant to Article XI and this Resolution. Section 6. Persons entitled to a permit in locations subject to permit restrictions pursuant to this Resolution include and are limited to the following: a. Any person who is licensed to drive a motor vehicle and who resides in a single- family dwelling located on a lot in the District which does not have more than one dwelling unit located on it, provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit. b. Any person who is licensed to drive a motor vehicle and who resides in a multiple - family dwelling located on any lot in the Valley High Permit Parking District which does not have more than four dwelling units located on it, provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit; and provided further, that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of permits and dwelling units on a lot if he or she determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Resolution No. 2016 -xxx Page 2 of 4 y jmf 5/4/2016 Section 7. The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the District and to issue or deny such permits in accordance therewith. Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders. Such rules may be revised from time to time as circumstances require. Section 8. 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 71h day of June, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: _ J? n M. Funk A istant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55A -7 Resolution No. 2016 -xxx Page 3 of 4 jmf 5/4/2016 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2016. Date Clerk of the Council City of Santa Ana y • Resolution No. 2016 -xxx Page 4 of 4 �a 0 EDINGER AV WARNER AV EXISTING VALLEY HIGH PERMIT PARKING DISTRICT . ...... PROPOSED EXPANSION TO VALLEY HIGH PERMIT PARKING DISTRICT SANTA ANA PWA CITY COUNCIL VALLEY HIGH UNE7TH2O16s PERMIT PARKING DISTRICT MgLIC uMaS xCv EXHIBrr I 55A -9 PACE I Or 1 55A -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED RESOLUTION AMENDING MABURY ❑ As Recommended PARK PERMIT PARKING DISTRICT ❑ As Amended 0 Ordinance on 1" RESOLUTION 2005 -028 El Ordinance on 2nd Readl ng (STRATEGIC PLAN NO. 5, 4) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAG RECOMMENDED ACTION Adopt a resolution amending the Mabury Park Permit Parking District Resolution 2005 -028 for the purpose of expanding the district to include the Grand Sunshine Neighborhood. DISCUSSION The City's permit parking program was established to limit intrusion of nonresidential and commuter parking into residential neighborhoods. The Mabury Park Permit Parking District, initially created in 2005, is generally bounded on the north by Seventeenth Street, on the east by Mabury Street and Cabrillo Park Drive, on the south by Parkcourt Place and the Santa Ana Freeway, and on the west by Grand Avenue. Owners and residents of properties on the residential blocks west of the Mabury Park Parking District have noted a lack of available parking on their streets and have asked to participate in the City's permit parking program. These residential blocks are not within an established permit parking district. Consistent with City policies, staff worked with the property owners to determine whether support exists to institute a permit parking district. Sufficient petitions were received from residents of Fourteenth Street between Grand Avenue and Eastwood Avenue to meet the criteria for permit parking. Similar inquiries had also been received from residents of nearby streets. Therefore, to establish an area that will accommodates any future requests, staff recommends amending the existing Mabury Park Permit Parking District boundary to include the area bounded by Seventeenth Street, Grand Avenue, the Santa Ana Freeway, and Lincoln Avenue (Exhibit 1). Council adoption of this resolution is required to finalize the new Mabury Park Permit Parking District boundaries (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). 55B -1 Resolution Amending Mabury Park Permit Parking District June 7, 2016 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2016 -46 will be filed for this report. FISCAL IMPACT All revenues associated with this action will be deposited into the Parking Permit Fees Account (No. 08617002- 51702). r Mo savip6ur Executive Director Public Works Agency FM /EWG /FO APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Map — Mabury Park Permit Parking District 2. Resolution 55B -2 i�._17TH ST...�� j7TH.�� i EXISTING MABURY PARK PERMIT PARKING DISTRICT ❑ Y Q d O J J Q U �r VG ______, PROPOSED EXPANSION TO MABURY PARK PERMIT PARKING DISTRICT 0 O SANTA ANA PWA CITY COUNCIL MABURY PARK JUNE07TH020 6� PERMIT PARKING DISTRICT PIIBLI �OBNCY PAGE 1 OF 1 -;1:1 zi Z a ❑ i EXISTING MABURY PARK PERMIT PARKING DISTRICT ❑ Y Q d O J J Q U �r VG ______, PROPOSED EXPANSION TO MABURY PARK PERMIT PARKING DISTRICT 0 O SANTA ANA PWA CITY COUNCIL MABURY PARK JUNE07TH020 6� PERMIT PARKING DISTRICT PIIBLI �OBNCY PAGE 1 OF 1 -;1:1 55B -4 jmf 5/4/2016 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2005 -028 RELATED TO THE MABURY PARK PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT TO INCLUDE THE GRAND SUNSHINE NEIGHBORHOOD 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. Pursuant to Article XI (commencing with Section 36 -480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 2005 -028, the City Council of the City of Santa Ana established the Mabury Park Permit Parking District, as shown on Exhibit 1, attached hereto and incorporated by reference. C. Owners of residential properties immediately west of the Mabury Park Permit Parking District have noted a lack of available parking on their streets and asked to participate in the City's permit parking program. Consistent with City policies, sufficient petitions were received from such residents to meet the criteria for permit parking. Other nearby residents have also made inquiries. D. To accommodate the present and future requests, the City Council of the City of Santa Ana now desires to expand the Mabury Park Permit Parking District. Section 2. The Mabury Park Permit Parking District is hereby to consist in its entirety as follows; that area of the City of Santa Ana generally bounded on the north by Seventeenth Street, on the east by Mabury Street and Cabrillo Park Drive, on the south by Parkcourt Place and the Santa Ana Freeway, and on the west by Grand Avenue; and shall include the new additional Grand Sunshine Neighborhood bounded on the north by Seventeenth Street, on the east by Grand Avenue, on the south by the Santa Aria Freeway, and on the west by Lincoln Avenue, as more particularly described on Exhibit Resolution No. 2016 -xxx Page 1 of 4 Exhibit 2 55B -5 jmf 5/412016 1, attached hereto and incorporated by reference; provided that said district does not include any street on its outer boundary except Mabury Street, Fruit Street, and Parkcourt Place, and said district does not include Seventeenth Street and Grand Avenue and sections of any street abutting non - residential uses within said district's boundary. Section 3. Permit parking restrictions shall apply to all portions of the Mabury Park and Grand Sunshine Neighborhoods, unless excluded by section 2 of this Resolution. Permit parking restrictions shall apply to those portions of the Mabury Park Permit Parking District as are determined to be in need of such restrictions by the Executive Director of the Public Works Agency. The Executive Director of the Public Works Agency is authorized to post appropriate signs giving notice of permit parking restrictions in those portions of the District where permit parking restrictions apply. Section 4. The parking restrictions imposed pursuant to Article XI and this Resolution shall apply to any block within the Mabury Park Permit Parking District only after a petition signed by the owners of sixty -six percent (66 %) or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions, and after signs indicating the parking restrictions on such block have been erected in accordance with Article XI. Section 6. No person shall park or stop any vehicle on any portion of any street, at any time, within the Mabury Park Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions and the specific nature of the parking limitation, except persons and vehicles exempted from such parking restrictions pursuant to Article XI and this Resolution. _Section 6. Persons entitled to a permit in locations subject to permit restrictions pursuant to this Resolution include and are limited to the following: a. Any person who is licensed to drive a motor vehicle and who resides in a single - family dwelling located on a lot in the District which does not have more than one dwelling unit located on it, provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit. b. Any person who is licensed to drive a motor vehicle and who resides in a multiple - family dwelling located on any lot in the Mabury Park Permit Parking District which does not have more than four dwelling units located on it, provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit; and provided further, that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of permits and dwelling units on a lot if he or she determines that its application in a particular case would cause Resolution No. 2016 -xxx Page 2 of 4 55B -6 jmf 5AM2016 extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Section 7. The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the District and to issue or deny such permits in accordance therewith. Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders. Such rules may be revised from time to time as circumstances require. Section 8. 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 7t" day of June, 2016. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: hn M. Funk Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55B -7 Resolution No. 2016 -xxx Page 3 of 4 imf 5/4/2016 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2016. Date Clerk of the Council City of Santa Ana 55B -8 Resolution No. 2016 -xxx Page 4 of 4 �LH. LT, zo 77-L P�' EXISTING NA8URY PARK PERMIT PARKING DISTRICT ....... PROPOSED EXPANSION TO MABURY PARK PERMIT PARKING DISTRICT SANTA ANA CITY COUNCIL MABURY PARK -WAm AGENDA DATEi PERMIT PARKING DISTRICT I JUNE 7TH 2016 EMMU ��U�� U�-9 � o o � 55B -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: RESOLUTION AMENDING LOGAN PERMIT PARKING DISTRICT RESOLUTION 2006 -054 (STRATEGIC PLAN NO. 5, 4) CITY MANAG - RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution amending the Logan Permit Parking District Resolution 2006 -054 for the purpose of expanding the district. DISCUSSION The City's permit parking program was established to limit intrusion of nonresidential and commuter parking into residential neighborhoods. The Logan Permit Parking District, initially created in 2006, is generally bounded on the southwest by Penn Way, Poinsettia Street, and Santiago Street, on the east by the Atchison, Topeka and Santa Fe Railway (AT &SF) and Lincoln Avenue, and on the northeast by the Santa Ana Freeway. Owners and residents of properties on the residential blocks east of the Logan Parking District have noted a lack of available parking on their streets and asked to participate in the City's permit parking program. These residential blocks are not within an established permit parking district. Consistent with City policies, staff worked with the property owners to determine whether support exists to institute a permit parking district. Sufficient petitions were received from residents of Lyon Street between First Street and Palm Street to meet the criteria for permit parking. Similar inquiries had also been received from residents of nearby streets. Therefore, to establish an area that will accommodate any future requests, staff recommends amending the existing Logan Permit Parking District boundary to include the area bounded by the Santa Ana Freeway, First Street, AT &SF, and Lincoln Avenue (Exhibit 1). Staff also recommends further amendment of the Logan Permit Parking District boundary to correct an area overlap with the adjacent Lacy Permit Parking District. The overlapping area, bounded by Civic Center Drive, Santiago Street, Fourth Street, and Poinsettia Street, will be removed from the Logan Permit Parking District. The Lacy Permit Parking District would remain unchanged. Council adoption of this resolution is required to finalize the new Logan Permit Parking District boundaries (Exhibit 2). 55C -1 Resolution Amending Logan Permit Parking District June 7, 2016 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project is exempt from further review. Categorical Exemption ER No. 2016 -49 will be filed for this report. FISCAL IMPACT All revenues associated with this action will be deposited into the Parking Permit Fees Account (Account No. 08617002 - 51702). APPROVED AS TO FUNDS AND ACCOUNTS � , Y� A L,�- Fr td Mousavipour Francisco Gutierrez Ex cutive Director Executive Director Public Works Agency Finance & Management Services Agency FM /EWG /FO Exhibits: 1. Map — Logan Permit Parking District 2. Resolution 55C -2 LEGEND 1ST ST T' �mi , . n: EXISTING LOGAN PERMIT PARKING DISTRICT ....... PROPOSED EXPANSION TO LOGAN PERMIT PARKING DISTRICT —• —• —• NEW CONTRACTED DISTRICT BOUNDRY o44N°AANe ® OVERLAPPED AREA TO BE REMOVED FROM LOGAN DISTRICT o '? v =_ SANTA ANA CITY COUNCIL LOGAN PWA AGENDA DATE, JUNE 7TH 2016 PERMIT PARKING DISTRICT PAQE 1 CIF 1 1'II'�r' r 55C -4 ixs 04/2512016 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING RESOLUTION 2006 -054 RELATED TO THE LOGAN PERMIT PARKING DISTRICT FOR THE PURPOSE OF EXPANDING SUCH DISTRICT 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. Pursuant to Article XI (commencing with Section 36 -480) of Chapter 36 of the Santa Ana Municipal Code, the City Council of the City of Santa Ana is authorized to adopt resolutions establishing permit parking districts in which parking restrictions apply to all vehicles except those vehicles that have been issued parking permits pursuant to such Article. B. By Resolution No. 2006 -054, the City Council of the City of Santa Ana established the Logan Permit Parking District, as shown on Exhibit 1, attached hereto and Incorporated by reference. C. Owners of residential properties immediately east of the Logan Permit Parking District have noted a lack of available parking on their streets and asked to participate in the City's permit parking program, Consistent with City policies, sufficient petitions were received from such residents to meet the criteria for permit parking. Other nearby residents have also made inquiries. D. To accommodate the present and future requests, the City Council of the City of Santa Ana now desires to expand the Logan Permit Parking District. E. in order to correct an overlap of permit parking district boundaries between the Lacy and Logan Permit Parking Districts, the City Council of the City of Santa Ana also desires to exclude from the Logan Permit Parking District the area within the Lacy Permit Parking District. Section 2. The Logan Permit Parking District is hereby to consist in its entirety as follows: the Logan Neighborhood bounded on the southwest by Penn Way, Poinsettia Street, and Santiago Street, on the east by the A.T, & S.F. Railroad and Lincoln Avenue, Resolution No, 2016.xxx Page 1 of 4 Exhibit 2 55C -5 Jxs 04/2512010 and on the northeast by the Santa Ana Freeway, and shall include the new additional area bounded on the north and northeast by the Santa Ana Freeway, on the south by 1 st Street, and on the west by the A.T. & S.F. Railroad and Lincoln Avenue as more particularly described in Exhibit 1, attached hereto and Incorporated herein by reference; and provided that said district does not include any street on Its outer boundary and said district does not include 1st Street and sections of any street abutting non - residential uses within said district's boundary. Section 3. Permit parking restrictions shall apply to all portions of the Logan Neighborhood, unless excluded by section 2 of this resolution. Permit parking restrictions shall apply to those portions of the Logan Permit Parking District as are determined to be In need of such restrictions by the Executive Director of the Public Works Agency, The Executive Director of the Public Works Agency is authorized to post appropriate signs giving notice of permit parking restrictions in those portions of the District where permit parking restrictions apply. Section 4. The parking restrictions imposed pursuant to said Article XI and this resolution shall apply to any block within the Logan Permit Parking District only after a petition signed by the owners of sixty -six percent (66 %) or more of the residential lots abutting such block have filed a petition with the Executive Director of the Public Works Agency expressing their desire for such parking restrictions, and after signs indicating the parking restrictions on such block have been erected in accordance with said Article XI. Section 5. No person shall park or stop any vehicle on any portion of any street, at any time, within the Logan Permit Parking District as to which signs have been erected indicating the application of permit parking restrictions and the specific nature of the parking limitation, except persons and vehicles exempted from such parking restrictions pursuant to Article XI and this resolution. Section 6. Persons entitled to a permit in locations subject to permit restrictions pursuant to this resolution include and are limited to the following: a. Any person who is licensed to drive a motor vehicle and who resides In a single - family dwelling located on a lot in the District which does not have more than one dwelling unit located on it, provided that not more than three permits may be issued at any one time to the residents of any one such dwelling unit. b. Any person who is licensed to drive a motor vehicle and who resides in a multiple- family dwelling located on any lot In the Logan Permit Parking District which does not have more than four dwelling units located on it, provided that not more than one permit may be issued at any one time to the residents of any one such dwelling unit; and provided further, that the Executive Director of the Public Works Agency may waive the foregoing limitation on the number of permits and dwelling units on a lot if he or she Resolution No. 2016 -xxx Page 2 of 4 55C -6 jxs 04/25/2018 determines that its application in a particular case would cause extreme hardship on the residents of such dwelling units due to a severe inadequacy of on -site parking. Section 7. The Executive Director of the Public Works Agency is authorized to establish rules for the issuance of guest parking permits to residents of the District and to issue or deny such permits in accordance therewith. Such rules shall be designed to limit guest parking privileges as appropriate to provide sufficient parking for resident parking permit holders, Such rules may be revised from time to time as circumstances require, Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 7th day of June, 2016, Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By. _ J se Sandoval hief Assistant City Attorney AYES NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 55C -7 Resolution No, 2016 -xxx Page 3 of 4 ixs 04/25/2016 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D, HUIZAR, Clerk of the Council do hereby attest to and certify the attached Resolution No 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2016. Date Clerk of the Council City of Santa Ana 55C -8 Resolutlon No. 2016•xxx Page 4 of 4 ¢i Mb f 1ST ST EXISTING LOGAN PERMIT PARKING DISTRICT - - -..-, PROPOSED EXPANSION TO LOGAN PERMIT PARKING DISTRICT - - - NEW CONTRACTED DISTRICT BOUNDRY OVERLAPPED AREA TO BE REMOVED FROM LOGAN DISTRICT SANTA ANA OPWAM CITY COUNCIL LOGAN AGENDA DATE, JUNE 7TH 2016 PERMIT PARKING DISTRICT wesm .mus +c+ IBIT 1 55C -9 I PAGE I OF I 55C -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: RESOLUTION AUTHORIZING THE SUBMISSION OF APPLICATIONS FOR BICYCLE CORRIDOR IMPROVEMENT PROGRAM GRANTS (STRATEGIC PLAN NO. 1, 3B) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: .•P;• _o ❑ As Recommended ❑ As Amended ❑ Ordinance on 16` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the Executive Director of the Public Works Agency to submit five applications for Bicycle Corridor Improvement Program grants. DISCUSSION The Orange County Transportation Authority (OCTA) issued a call for Bicycle Corridor Improvement (BCI) Program applications for federal Fiscal Years 2016 -17 and 2017 -18. BCI is a federally funded program which provides construction funds for projects that improve safety and convenience for bicycle commuters. In response to this call, staff prepared and submitted five applications for the following projects: • Protected Bike Lanes on Bristol Street, Edinger Avenue to First Street • Class II Buffered Bike Lanes o Edinger Avenue, Bristol Street to Flower Street o Bristol Street, Central Avenue to Sunflower Avenue • Class II Bike Lanes on Hazard Avenue, Euclid Street to Harbor Boulevard • Citywide Bike Racks • Various Bike Boulevards The grant program guidelines require submission of an authorizing resolution (Exhibit 1) to complete the applications. The project descriptions include estimated costs (Exhibit 2) and the general locations of the projects shown in the project location map (Exhibit 3). The proposed projects will provide needed bicycle infrastructure, including protected or buffered bike lanes, bicycle boulevards, and citywide bike racks. These projects will improve traffic safety, encourage active transportation, and increase mobility. Although the application deadline is May 9, 2016, the grant program guidelines allow the authorized resolution to be submitted after the application deadline. 55D -1 Resolution Authorizing Grant Applications Bicycle Corridor Improvement Program June 7, 2016 Page 2 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). ENVIRONMENTAL IMPACT Pursuant to Section 15061(b)(3) of the California Environmental Quality Act, this action is exempt from further review as there is no potential for any environmental impact. FISCAL IMPACT For any project that is approved for funding, the BCI Program will cover 88 percent of the eligible costs and the City will need to provide the remaining 12 percent match. The City's portion will be budgeted in a future Capital Improvement Program. q I J/ - F d M usavipour Executive Director Public Works Agency FM /EWG/TH /ZK Exhibits: 1. Resolution 2. Project Description & Cost 3. Location Map 55D -2 RESOLUTION NO. 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING APPLICATION FOR FUNDING FOR THE BICYCLE CORRIDOR IMPROVEMENT PROGRAM FUNDED WITH CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM FUNDING UNDER THE MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY AND FIXING AMERICAS SURFACE TRANSPORTATION FEDERAL TRANSPORTATION ACT 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 United State Congress enacted the Moving Ahead for Progress in the 21st Century (MAP -21) Federal Transportation Act on July 6, 2012 and Fixing America's Surface Transportation (FAST) Federal Transportation Act on December 4, 2015, which makes Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds available to the Orange County Transportation Authority (OCTA). B. OCTA has established the procedures and criteria for reviewing proposals. C. The City of Santa Ana possesses authority to nominate bicycle projects funded using Congestion Mitigation and Air Quality Improvement Program funding and to finance, acquire, and construct the proposed projects. D. The Public Works Agency will maintain and operate the property acquired, developed, rehabilitated, or restored for the life of the facilities or activity. E. With the approval of the California Department of Transportation (Caltrans) and /or OCTA, the Public Works Agency or its successors in interest in the property may transfer the responsibility to maintain and operate the property. F. The Public Works Agency will amend the agency Capital Improvement Program (CIP) to include the project if selected for funding. Section 2. The City Council of the City of Santa Ana nominates the following projects and authorizes the City Manager and /or the Executive Director of the Public Works Agency or their designees to submit an application for Bicycle Corridor Improvement Exhibit 1 Resolution 2013 -xxx Page 1 of 3 55D -3 Program funding, including all understanding and assurances contained therein, and to provide such additional information as may be required: • Bristol Street Protected Bike Lanes • Edinger Avenue & Bristol Street Class II Buffered Bike Lanes • Hazard Avenue Class II Bike Lanes • Santa Ana Citywide Bike Racks • Various Bike Boulevards Section 3. The City Council of the City of Santa Ana authorizes the City Manager and /or the Executive Director of the Public Works Agency to apply for the Congestion Mitigation and Air Quality funding under the Moving Ahead for Progress in the 21 st Century Federal Transportation Act and Fixing Americas Surface Transportation Act for the Bicycle Corridor Improvement Program and to execute and submit all documents and take any actions necessary, for and on behalf of the City of Santa Ana, for the purpose of obtaining financial assistance from the Orange County Transportation Authority, under the Bicycle Corridor Improvement Program, including the execution of a cooperative agreement with OCTA to facilitate delivery of the projects. Section 4. The City Council of the City of Santa Ana certifies that, if selected, the City will provide the required twelve percent (12 %) matching funds, and will have sufficient funds to operate and maintain the project(s). Section 5. The Public Works Agency of the City of Santa Ana will cause project work to commence within six months following notification from the State or OCTA that funds have been authorized to proceed by the Federal Highway Administration or Federal Transit Administration and that the project will be carried to completion with reasonable diligence. Section 6. The Public Works Agency of the City of Santa Ana will give Caltrans and /or OCTA's representatives access to and the right to examine all records, books, papers or documents related to the bicycle project. Section 7. The Public Works Agency of the City of Santa Ana will comply where applicable with provisions of the California Environmental Quality Act, the National Environmental Policy Act, the American with Disabilities Act, Federal Title VI, Buy America provision, and any other federal, state, and /or local laws, rules and /or regulations. Section 8. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2016 -xxx Page 2 of 3 55D -4 ADOPTED this _ day of June, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City ttorney By: Sandoval ief Assistant City Attorn AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 55D -5 Resolution No. 2016 -xxx Page 2 of 3 CERTIFICATE OF ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2016. Date: Clerk of the Council City of Santa Ana 55D -6 Resolution No. 2016 -xxx Page 2 of 3 Bicycle Corridor Improvement Program Bicycle Facilities Locations Recommended for Grant Application FY 2016 -2017 Project Description Cost Bristol Street Protected Bike Lanes Install protected /buffered bike lanes and lane $2,580,687 narrowing on Bristol Street from Edinger Avenue to 1s' Street Edinger Avenue & Bristol Street Install buffered bike lanes and lane narrowing $780,181 Class II Buffered Bike Lanes on Edinger Avenue from Bristol Street to Flower Street and Bristol Street from Central Avenue to Sunflower Avenue Hazard Avenue Class II Bike Lanes Install road diet with protected /buffered $1,147,797 bike lanes, sharrows and lane narrowing on Hazard Avenue from Euclid Street to Harbor Blvd. Santa Ana Citywide Bike Racks Install bike racks Citywide $1,400,098 Various Bike Boulevards Install bike boulevards on Washington $2,106,918 Avenue from King Street to Bristol Street, King Street from 10t" Street to 17th Street, Pacific from 1st Street to Washington Avenue. Total $8,015,681 Exhibit 2 55D -7 55D -8 22 Hazard Avenue: Euclid Street to Harbor Blvd d m in v w u Bristol Street: Warner Avenue to Sunflower Avenue Citywide Bike Racks SANTA ANA City Council Agenda Date PUBLICWORKS AGENCY June 7, 2016 Bristol Street: Warner Avenue I to Sunflower Avenue -_' 17th is Ctr. r� We ner Dyer Rd. NORTH Edinger Avenue Drive: ---" Bristol Street to Flower Street RESOLUTION AND AUTHORIZATION FOR 5 BICYCLE CORRIDOR IMPROVEMENT PROGRAM APPLICATIONS 3 a ci 3 � Q LL C }j We ner Dyer Rd. NORTH Edinger Avenue Drive: ---" Bristol Street to Flower Street RESOLUTION AND AUTHORIZATION FOR 5 BICYCLE CORRIDOR IMPROVEMENT PROGRAM APPLICATIONS 3 55D -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE; ADOPT A RESOLUTION TO ESTABLISH A HOTEL DEVELOPMENT INCENTIVE PROGRAM {STRATEGIC PLAN NO. 3,3C) <__i:;� e5��_K CITY MANAC R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended Ordinance on IIt Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolutlon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the establishment of a Hotel Development Incentive Program to provide economic incentives for the development of four to five -stars or AAA -rated four Diamond and above quality hotels in the City of Santa Ana. DISCUSSION According to the Anaheim /Orange County Visitors & Convention Bureau, 46.1 million people visited Orange County in 2014. Visits increased by 3.9 percent in 2013 and is expected to continue to increase more in 2016. Tourism in Orange County is booming and Santa Ana has the opportunity to take advantage of its centralized location in the heart of this industry. Santa Ana's proximity to the Anaheim resort district, the John Wayne Airport, and local amenities such as, the Discovery Cube Orange County and the Bowers Museum makes it a desireable location to attract incoming tourists and visitors to Orange County. According to a study by PKF Hospitality Research consultant, the average occupancy rate for Orange County hotels is 78.3 percent and is indicative that additional capacity exists for the development of new hotels in this area. To capitalize on this growth, Santa Ana will need to strategically position itself to accommodate new hotel development. By doing so, Santa Ana will have the potential to create new jobs, spur economic development, and enhance the City's revenue base. Currently, Santa Ana does not have any four -star rated or AAA (American Automobile Association) four Diamond and above hotels. However, nine three -star rated hotels are located within city limits. All other hotels and motels within the city are rated from one to two - stars. A uniform rating system for star quality hotels in the United States does not exist. Several websites and travel guides use the star rating when ranking hotels. AAA has an independent rating system that many hotels have been rated by (Exhibit 1). Staff recommends the use of both star and AAA Diamond ratings for this incentive program. 55E -1 Resolution - Establish a Hotel Development Incentive Program June 7, 2016 Page 2 The City currently imposes an 11 percent Hotel Visitors' Tax (HVT) on hotel and motel guests. The purpose of this tax is to recover costs of governmental services associated with nonresidents of the City. Since fiscal year 2011 -12, the City has experienced a 29 percent increase in HVT revenues and are projected to exceed $9 million by year end 2015 -16. To spur the development of high quality hotels (four to five -star rated or AAA four Diamond or above), staff is recommending an economic incentive to close the funding gap in a proposed high quality hotel development. A feasibility analysis would be completed for the project, whereby a projection of operating performance is combined with project development cost in order to determine the funding gap. A financial firm would be used for the feasibility analysis which would be funded by the developer. The City would pay for the funding gap through the HVT incremental revenue over a period specified in each negotiated agreement. The City would use a percentage (50 percent) of new incremental HVT generated by the new development to fund the payments. Incremental HVT equals the amount of new HVT that the new hotel development generates from a baseline (Year 0). No upfront expenditures from the City would be required. Each hotel agreement will be brought forward to City Council for consideration. Sample Calculation: A new hotel development generates $1 million in new HVT revenue to the City in its first year. Fifty percent ($500,000) will be reimbursed to the hotel after the City receives the HVT. In year two, the hotel generates $1,200,000 in HVT revenue, 50 percent ($600,000) would be reimbursed to the hotel. This agreement would continue over a 10 -15 year period or until the funding gap is reached per the negotiated agreement. On March 24th and April 26, 2016, staff met with members of the UNITE HERE Local 11 organization that represents more than 20,000 workers employed in hotels, restaurants, airports, sports arenas, and convention centers throughout Southern California. The meeting provided an opportunity to discuss and review language as it relates to labor peace agreements. A labor peace agreement is an enforceable agreement between a hotel owner /operator and a labor organization, that represents, or seeks to represent, the hotel's employees and that contains provisions under which the labor organization and its members agree to refrain from engaging in any picketing, work stoppages, or any other economic interference with hotel operations or the construction of the facility. In addition, staff met with the Los Angeles /Orange Counties Building and Construction Trade Council in which they provided feedback related to prevailing wage requirements and the hiring of local residents. As it relates to the labor peace agreement, for each hotel covered by the Hotel Development Incentive Program in which the City participates financially and has a proprietary interest, the City shall require that the hotel owner or operator execute a labor peace agreement with any labor union that represents or seeks to represent employees of the hotel, both during construction and operation of the hotel. Evidence shall be presented to the City that the owner or operator has 55E -2 Resolution - Establish a Hotel Development Incentive Program June 7, 2016 Page 3 entered into a labor peace agreement prior to entering into an operating covenant agreement for a hotel project. Based on staff's review and feedback from both labor organizations, staff recommends the implementation of a Hotel Development Incentive Program which incorporates requirements for prevailing wages, hiring of local residents, and labor peace agreements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 Economic Development, Objective #3, (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), Strategy C (Explore opportunities to encourage a business friendly environment within the City through the reduction of non - essential regulatory requirements, improved coordination between agencies for development review and addition of monetary incentives). FISCAL IMPACT There is no fiscal impact associated with this action. Each individual hotel development incentive agreement will be subject to City Council approval. Exhibits: 1. Diamond Rating Guidelines 2. Resolution RC /MM 55E -3 55E -4 Exhibit 1 Approval Requirements &` /� ^/ LG�J'�'1,G' 'GG �i ( AAA Publishing Tourism Information Development • 1000 AAA Drive • Heathrow, FL 32746 -5063 © 2008 AAA Revised 11/2007 55E -5 Approval Requirements Introduction Dear Hospitality Professional, On behalf of AAA, I am pleased to introduce to you the latest edition of the Lodging Approval Requirements & Diamond Rating Guidelines. This year marks the 30th anniversary of the AAA Diamond Ratings, as well as the 20" anniversary of the Diamond Rating Guidelines. Since its inception in 1902 as a federation of independent motor clubs, AAA has existed to provide information, safety, security, and peace of mind to its now more than 50 million members. AAA's services have evolved to encompass roadside assistance, insurance and financial services, safety education, and public affairs. AAA is also an undisputed leader in travel information and services. In 1937, the first AAA field representatives were hired to inspect lodgings and restaurants, and in 1963, AAA began assigning lodging ratings from `good' to 'outstanding'. In 1977 — AAA's 75th (diamond) anniversary — the Diamond Rating system was introduced for lodgings, with restaurants included in 1989. In 1987, the first AAA Lodging Diamond Rating Guidelines booklet was introduced for industry review. Prior to this date, only minimum approval requirements were printed and distributed upon request. The new edition of the AAA Approval Requirements and Diamond Rating Guidelines was designed with two objectives in mind: • To ensure that our ratings program is accurate and consistent when compared to meeting the travel needs of over 50 million AAA members. • To provide hospitality professionals a valuable reference so they may be successful in achieving their goal as it relates to AAA Approval and our proprietary Diamond Rating Process. To that end, we feel that it is important to partner with the hospitality industry by gathering input, discussing the meaning of our ratings, and openly sharing how the Diamond Rating Process is applied at the property level. We strongly urge property representatives to take full advantage of the information provided by AAA inspectors during an evaluation, since our experts are exposed to a wide range of properties throughout the United States, Canada, Mexico and the Caribbean. AAA evaluates more than 32,000 accommodations, 28,000 restaurants and nearly 11,000 campgrounds as key content for over 168 million copies of travel - related materials annually. AAA travel products are wide - ranging and include 26 regional TourBook° guides, 11 regional CampBook® guides, AAA.com— including the well -known TripTik® Travel Planner —as well as, numerous retail guidebooks, atlases and maps. We look forward to your continued service on behalf of AAA members at large and appreciate your participation in AAA programs. Sincerely ;rector/AAA Petrone, CEC ;rector /AAA Tourism Information Development 551 -6 s ARM SectionOne ....................................................................... ..............................1 Defining AAA Approval Requirements and AAA Diamond Rating Guidelines ..................... 1 Applying for a AAA Diamond Rating .................................................. ............................... 1 AAAApproval Requirements ............................................................. ............................... 2 The AAA Evaluation and Diamond Rating Process ............................. ............................... 4 SectionTwo ....................................................................... ..............................6 Whatthe Diamond Ratings Mean ...................................................... ............................... 6 Diamond Rating Guidelines - Exterior ............................................... ............................... 7 Diamond Rating Guidelines - Public Areas ........................................ ............................... 9 Diamond Rating Guidelines - Guestroom ........................................ ............................... 17 DiamondRating Guidelines - Bathroom .......................................... ............................... 24 The AAA Four and Five Diamond Rating .......................................... ............................... 30 Four and Five Diamond Service Expectations .................................. ............................... 30 SectionThree ................................................................... .............................37 TheListing ...................................................................................... ............................... 37 LodgingClassifications .................................................................... ............................... 37 Accessibility.................................................................................... ............................... 39 MemberComment Procedures ......................................................... ............................... 39 TheAAA Appeals Process ................................................................ ............................... 40 GreenPrograms .............................................................................. ............................... 40 Addressesand Phone Numbers ....................................................... ............................... 41 55E -7 Defining Requirements and AAA Diamond Rating Guidelines It is important to note the difference between AAA Approval Requirements and Diamond Rating Guidelines as this concept is often misunderstood. The evaluation process is made up of three parts: Approval Requirements, objective Diamond Rating Guidelines, and subjective elements based on the professional experience and training of AAA inspectors — who visit over 32,000 lodgings each year. The essential AAA Approval Requirements are common -sense qualifications that AAA members have told us are important to them and, similarly, that most professional operators routinely employ. All properties must first meet this set of criteria in order to be considered for AAA Approval and Diamond Rating. The Diamond Rating Guidelines are not rating requirements, but are components used to determine the aooropriate Diamond Rating level. Diamond Rating guidelines are simply a reflection of what is typically seen throughout the various market segments of the lodging industry. Therefore, failure to meet some of the components listed for the ratings categories does not necessarily preclude the achievement of that rating. During our evaluation, inspectors will assess the strengths and weaknesses of the property and assign the most appropriate rating that will provide the best match in meeting AAA member expectations. Furthermore, not all of the Diamond Rating Guidelines will apply to all property types. For example: meeting rooms would not be expected at a Bed & Breakfast property, but would be essential at a convention- oriented hotel. Also, the availability and type of swimming pool will be dictated by climatic influences and /or the property classification. AAA inspectors will only use the sections of the Diamond Rating Guidelines that are appropriate for the property classification in assessing the overall Diamond Rating. Applying For a AAA Diamond dating AAA CONSIDERS ALL VALID APPLICATIONS FOR EVALUATION. To be considered a valid applicant for AAA evaluation, lodging properties must meet all of the Approval Requirements for their property category. These minimum requirements reflect members' basic expectations. Prior to completing an Application For Evaluation (provided at: www.AAA.biz /AO roved), please review the requirements to verify your property's eligibility to apply. Currently listed establishments need not reapply, as our inspectors will routinely conduct an evaluation of your property on a continual basis. Include recent and accurate pictures of the exterior, public areas, as well as examples of a standard guest unit and bathroom, and return to AAA. Please note that if our research indicates past disqualifying issues, you may be asked to provide written documentation of the corrective action taken since then. As of August 1, 2006,: lodging properties that request evaluation by AAA are charged a nonrefundable application fee $150 for first -time applicants and $300 for repeat.. applicants that previously faded an evaluation - orwere disassociated` from AAA for any reason. The fee does not apply to currently Approved and listed establishments that remain in good standing ;. Please do not send a. payment with the initial application. On receipt of your Application For Evaluation AAA will provide written notice . regarding the status of your application and;: if accepted for further consideration, an invoice for your application fee. On receipt of payment, AAA will schedule your property for an unannounced evaluation within one year. All application fees should be made in U.S. funds and are nonrefundable and will have no bearing on the outcome of evaluations. AAA conducts property evaluations as a service to members, and does not guarantee that all applicants will be Approved and listed 'in member publications. Basic listings are provided without charge to Approved properties. _I_ 55E -9 AAA does not guarantee an immediate evaluation of all properties that apply, but does guarantee a fair review of all applications. Additionally, AAA reserves all rights to apply priority consideration to those properties demonstrating traits that provide the highest degree of AAA member value. Through ongoing member research, AAA has developed criteria reflecting key elements of consideration in making travel - related decisions. Some examples of AAA member value criteria are: • LOCATION • NEWLY BUILT / RENOVATED • HIGH DEGREE OF CLEANLINESS AND COMFORT • APPROPRIATELY MAINTAINED CONDITIONS • PRICE (willingness to provide a discount or best rate available) Once your property is approved, it will be evaluated at least once per evaluation cycle by a AAA inspector. All evaluations are unannounced to ensure that our inspectors see your property just as our members would see it. The conditions noted at the time of the annual evaluation will be the basis of the decision to list or rate a property. This decision is at the sole discretion of AAA. By applying for an evaluation, you agree to allow AAA to publish your property information and the respective Diamond Rating in our travel publications. AAA will make every effort to ensure that your property is fairly represented. If, after continued review, or up to and including the end of one year, the property is determined to be of limited AAA member value, a letter will be sent advising that the property has been released from any further consideration. AAA Approval Requirements AAA APPROVAL REQUIREMENTS REFLECT THE MINIMUM ACCEPTABLE CONDITIONS AS ESTABLISHED THROUGH MEMBER SURVEYS AND CONTINUOUS FEEDBACK. To be AAA Approved and Diamond Rated, an establishment must meet the following requirements: 4, A property may not use AAA trademarks — including but not limited to the AAA logo and Diamond Rating, without AAA's prior written consent. 5. The property must be appropriately located for business or leisure travel. 6. The establishment must be a primarily transient operation with four or more units available for AAA members. 7. The establishment must provide AAA room rates for travel publications as requested. S. The establishment must assist AAA in the resolution of member complaints. 9. The establishment must accommodate unannounced AAA property evaluations within 20 minutes of notice. 10. All property staff must conduct business in a professional and ethical manner providing attentive, conscientious service to guests. 11. A property must only place AAA members in AAA inspected and approved guest units — overflow buildings or guest units (associated with the property but not approved by AAA) are unacceptable. 12. Property management, or their representative, must be readily accessible at all times for guest needs or requests. 13. Guests must have easy access to 24 -hour incoming and outgoing phone service, ensuring prompt guest unit message delivery. Emergency messages must be delivered to the guest immediately upon receipt. 14. Management will readily provide property information as requested by AAA on a continual basis for the purpose of maintaining the most accurate travel information for AAA publications. 15. The establishment must be in compliance with all local, state, and federal codes. —2— 55E -10 vroperues must nave accurate, iegme signage in appropriate areas. All facilities directly associated with a property (such as a restaurant, health club, gift shops, etc.) provided for guest's use must meet all appropriate AAA Approval Requirements. facilities, 18. Adequate illumination is required in all public areas. This includes sufficient lighting in all corridors, walkways, stairways, landings, parking areas, etc. 19. Each guest unit must contain a comfortable bed with a mattress pad, two sheets, two pillows with pillowcases, and an appropriate bed covering. 20. Each guest unit must have a nightstand or equivalent by each bed, a chair, a writing surface, a waste container, clothes- storage space, and clothes- hanging facilities with hangers for two guests. 21. Each guest unit must have adequate shades, drapes, or blinds to cover all windows or other transparent areas to provide the guest with privacy. 22. The level of soundproofing must be adequate to muffle outside noises and normal sounds in adjacent units and public areas. 23. Each guest unit must have an active light switch at the main entry. 24. Each guest unit must have good illumination at a writing surface, a sitting area, and at each bed. 25. Each guest unit door must be equipped with both a primary lock and a secondary deadbolt lock. A primary lock is defined as a device that permits a guest to enter unit using some form of key and allows the door to be locked while the unit is occupied and when the guest leaves the unit. Passkeys assigned to appropriate staff members will function to operate only these locks. A secondary lock is defined as a mortised; deadbolt- locking device with a throw that extends at least one inch from the edge of the door into the door frame. This permits a guest an extra measure of security against any unwanted intrusions. Unlike the primary lock, deadbolt master keys will not be provided to guests or to staff. Master key systems will be acceptable when the emergency, master key is only available to top management and security personnel. Secondary Lock Variances In certain instances, . the requirement for secondary locks may be modified to meet a. variety . of exceptions. The most common are noted below. AAA claims the right of final arbitrator: in all decisions of this nature. Sliding Glass Doors Each sliding door must be equipped with an effective locking device. Asecondary security lock is required on all ground floor doors and those which are accessible from common walkways and adjoining balconies, French Doors —. In addition to the deadbolt lock requirements, surface- mounted slide bolts must be provided at the top and bottom to secure the stationary /auxiliary door. These bolts must extend into the upper doorframe and the .lower doorframe or floor and must be strong and sturdy mechanisms: 26. Each door to connecting guest units or maintenance corridors must be equipped with a deadbolt lock. 27. Each guest unit entry door must have a viewport or window convenient to the door. 28. Each window overlooking a common walkway or in a ground floor unit must be equipped with a functional lock. 29. Each guest unit must have an operational, single station smoke detector. Hard -wired smoke detectors are preferred. When battery- operated detectors are used, there must be an adequate maintenance program to routinely test and replace batteries. 30. Each guest unit must have its own private bathroom. 31. All bathrooms must contain a toilet, a sink with a well -lit mirror and a convenient electrical outlet, adequate shelf space, and a tub or a shower with a non -slip surface. 32. Each bathroom must be equipped with toilet tissue, a cloth bath mat, and two bars of soap or equivalent — furthermore, each guest must be provided a bath towel, hand towel, face cloth, and a drinking tumbler. 33. All toilet area surfaces (floors, walls, baseboards, etc.) must be non - porous to facilitate proper sanitation. (For example, carpeting is not acceptable in the toilet area.) –3- 55E-11 The AAA Evaluation and Diamond Rating Process The AAA Evaluation and Diamond Rating Process primarily consists of three parts: • INTRODUCTION, INTERVIEW • PROPERTY TOUR AND PRACTICAL APPLICATION OF THE APPROVAL REQUIREMENTS AND DIAMOND RATING GUIDELINES • ASSESSMENT SUMMARY First, all establishments must meet AAA Approval Requirements and be determined to provide member value. This validation is conducted through a combined process of applications, inspections, referrals, and media research. If a property is presumed to qualify, one of our inspectors will visit and observe the curbside appeal, exterior, and other factors pertaining to the basic foundation of the establishment. This preliminary review will verify that this property clearly exhibits characteristics that would appeal to AAA members. If satisfied, our representative will contact the owner, general manager, or property designee for a brief interview. This interview is an extremely important part of the evaluation, as factual data is gathered for inclusion into our travel information inventory with potential use in AAA's worldwide printed and electronic publications, This session also gives the property representative a chance to advise AAA of any plans for improvement that may be forthcoming. Following the interview, the inspector will tour the establishment with the property representative to assess the AAA Approval Requirements & Diamond Rating Guidelines. The tour will include an evaluation of all public areas and a cross section of rooms. The inspector will discuss both strengths and weaknesses of the property as it relates to our Guidelines. This dialogue is unique to the AAA Diamond hating Process and is a valuable resource to any property. The overall evaluation process will include the review of six key areas: • CLEANLINESS AND CONDITION • MANAGEMENT AND STAFF • EXTERIOR, GROUNDS, AND PUBLIC AREAS • GUESTROOM DECOR, AMBIANCE, AND AMENITIES • BATHROOMS • GUEST SERVICES (If applicable) All establishments must be clean, comfortable, and well- maintained. The inspector will evaluate the overall condition of the property to determine if the property meets above average standards and should be considered for a Diamond Rating. —4— 55E -12 THE ACHIEVEMENT OF A AAA DIAMOND RATING MEANS THAT AN ESTABLISHMENT IS ONE OF AN EXCLUSIVE GROUP THAT HAS SUCCESSFULLY COMPLETED THIS THOROUGH EVALUATION PROCESS. If a property is approved, the inspector will assign, or recommend, a Diamond Rating or FYI designation as appropriate based on conditions that exist at the time of the evaluation. The inspector will provide the property representative a written summary of the evaluation, including the rating decision. The frequency of subsequent AAA evaluations varies slightly, depending on the classification and the assigned rating of each establishment. —5- 55E-13 AAA DIAMOND RATINGS REPRESENT A COMBINATION OF THE OVERALL QUALITY, THE RANGE OF FACILITIES, AND THE LEVEL OF HOSPITALITY OFFERED BY A PROPERTY. These widely recognized and trusted symbols help AAA members choose lodgings that will meet their needs and expectations. AAA inspectors are responsible for determining a property's Diamond Rating based on established standards that are developed with input from our trained professionals, AAA members, and various lodging industry professionals. AAA's Diamond Rating Guidelines indicate what is typically found at each rating level. However, the size, age, and overall appeal of an establishment are also considered, as well as regional architectural style and design. Diamonds are assigned based on the average of all property characteristics, with a focus on overall guest impression rather than on individual elements. Therefore, not meeting a guideline (in one area) may not necessarily affect the overall Diamond Rating. The final factor in determining the Diamond Rating for a property is professional judgment, which is a very important part of the rating assessment. Our inspectors are North America's travel experts based upon ongoing training and experience in conducting more than 32,000 lodging evaluations per year, What the Diamond Ratings can One Diamond IV These establishments typically appeal to the budget- minded traveler. They provide essential, no- frills accommodations. They meet the basic requirements pertaining to comfort, cleanliness, and hospitality. Two Diamond 44 F These establishments appeal to the traveler seeking more than the basic accommodations. There are modest enhancements to the overall physical attributes, design elements, and amenities of the facility - typically at a moderate price. Three Diamond Nr These establishments appeal to the traveler with comprehensive needs. Properties are multifaceted with a distinguished style, including marked upgrades in the quality of physical attributes, amenities, and level of comfort provided. Four Diamond 401 'we 14V IF These establishments are upscale in all areas. Accommodations are progressively more refined and stylish. The physical attributes reflect an obvious enhanced level of quality throughout. The fundamental hallmarks at this level include an extensive array of amenities combined with a high degree of hospitality, service, and attention to detail. Five Diamond These establishments reflect the characteristics of the ultimate in luxury and sophistication. Accommodations are first class. The physical attributes are extraordinary in every manner. The fundamental hallmarks at this level are to meticulously serve and exceed all guest expectations while maintaining an impeccable standard of excellence. Many personalized services and amenities enhance an unmatched level of comfort. —6- 55E-15 GLOSSARY: ► Climate controlled - Heat, ventilation and /or air conditioning and cooling. ► Dated Marked by features of the past; showing the effects of long use or-wear; unfashionable ► Form — The essence of design or configuration. • Function - The action for which something is fundamentally fitted or purposed. • Plus — When you see this term used (suchlas 2D, plus), it means that the rating includes the bolded elements of the previous columns in addition to elements of the current column. ► Residential — Of, or relating to, or connected with, residential style; invokes a personal presence of home`. Diamond Rating Guidelines - Exterior The combination of all exterior elements imparts a basic or dated style; Limited coordination in design Limited quantity and variety of appointments; Overall; conveys an unadorned curb appeal Limited quantity and variety of landscaping; Basic design EXTERIOR the exterior The alements are eler moderately obv anhanced (as enh :ompared to are basic) in coo quantity, forr variety, with an increased coordination in I design;' Overall, i conveys - -1 modestly enhanced curb appeal Enhanced quantity, function, and variety of landscaping; Coordinated design Nor 13D —plus: 14D, olus: ously of all exterior of all exterior inced and elements is elements yell- substantial; imparts an dinated for ' impressive, well- extraordinary function, integrated; and and luxurious 'imparts an feel; onality; excellent level of Appointments e areas curb appeal are unique and a , which is upscale contribute to an lential in style elegant level of Overall, curb appeal aysavery ctive curb al Various landscape features are well - coordinated for form, function, and seasonality; An ample quantity and variety of plants are integrated with buildings, walkways, parking lots, courtyards, gardens, etc. —7- 55E-16 3D. plus: Excellent variety of mature plants; Obviously professionally planned and manicured D plus: Elegant and extensive variety of landscaping, with meticulous attention to detail in placement and care EXTERIOR Basic or dated in Modest Significantly 3D, plus: style enhancements to enhanced in form Obviously form and function and function upscale via roofing, with some windows, siding, or residential some other appointments, architectural such as: feature(s) enhanced roofs, intricate moldings, window treatments, balconies, chimneys, etc. No drive - through covered entry Varied surfaces; Illumination is adequate Drive - through covered entry; Limited capacity (one -car width) 1D. plus: Paved and marked areas 2D, plus: Increased capacity (two -car width); Structure is decorative 2D, plus: Lighting is well - positioned, from multiple sources, and provides a good level of overall illumination —8- 55E-17 3D> olu : Oversized capacity (two - car width and depth); Upscale design and appointments 3D, plus: Lighting fixtures reflect upscale characteristics with respect to the design of the property Valet parking upon request or some other upgraded feature, such as: covered /indoor parking, shuttle service, or evidence of added security 4D, plus: Extraordinary with unique architectural features 4D, plus: Elegant design and appointments 4D, plus: Valet parking is automatic GLOSSARY: ► Climate controlled - -. Heat, ventilation and /or air conditioning and cooling.. r Dated - Marked by features of the past; snowing the effects of long use or wear; unfashionable. ► Form - The- essence of design or configuration. ► Function -'The action for which something is fundamentally fitted or purposed. ► Plus - When you see this term used (such as 2D, plus), it means that the rating includes the bolded elements of -the previous columns in addition to elements of the current column. P. Residential - Of, or relating to, or connected with, residential style; invokes a personal presence of home. Diamond inn Guidelines - Public Areas P.o.anm�n�nhl•, PUBLIC AREAS Increased 'Pre coordination of res a000intments -stv nantly 3D, plus: tial Predominantly ." th upscale style plus: a�m�r��fl•. ;oordination of combined with decorative that provides witn luxurious, appointments modest ,.appointments an exceptional unique, and <. hat provide an enhancements that are degree of artistic adequate level of to function, attractive, well- > comfort appointments =omfort design elements, coordinated for room size, form and and /or amenities function, and that provide an . ,provide an enhanced level obvious degree of comfort of comfort Basic material, such as: linoleum, painted concrete, or low density pile carpet with padding that provides little or no comfort underfoot (floor feels hard) Enhanced material, such as: wood laminates and vinyl, or medium density pile carpet with padding that provides average comfort underfoot 2D, Plus: Wood laminates or carpet with enhanced design, such as: patterns, textures, or inlays; Decorative tile (ceramic, stone, concrete, terra cotta, etc.); Hard surfaced floors have decorative area rugs as appropriate -9- 55E-18 3D, plus: High grade wood, marble, granite, or other upscale stone floors, or high density pile carpet with padding that provides exceptional comfort underfoot 4D, Plus: Custom inlays or textured enhancements that provide an overall design that is obviously elegant and unique; Area rugs are luxurious and unique Walls are of basic material and design, such as: cinder block with a plain paint finish, standard grade wood, prefab modular laminate paneling, or wallpaper Building structure and design is basic or dated in style Limited quantity and variety of landscaping; Basic design PUBLIC AREAS Wall treatments are modestly enhanced,such as: drywall with basic paint finish or plain vinyl coverings; Rubber or vinyl baseboards Decorative wall treatments, such as: drywall with textured and painted finish, decorative vinyl coverings, or select grade wood /stone; Chair rails and carpeted baseboards 3D. plus: At least one significant upscale design enhancement, such as: accent wall(s), furniture- finish wood paneling, soft wall coverings, ceiling trim, architectural feature, wainscot, etc.; Wood baseboards 4D. plus: Wall finishes are of the highest grade materials; Accented with multiple luxurious design enhancements Climate controlled I Climate controlled I Climate controlled I Climate controlled Weather appropriate (Provides protection and comfort with respectto climatic elements); Building structure shows modest enhancements to design and function via roofing, windows, siding, or some other architectural feature(s) Enhanced quantity, function, and variety of landscaping; Coordinated design 2D, plus: Building structure and design is significantly enhanced in form and function with some residential appointments, such as: enhanced roofs, moldings, window treatments, etc. Various landscape features are well - coordinated for form, function, and seasonality; An ample quantity and variety of plants are integrated with buildings, walkways, parking lots, courtyards, gardens, etc. —10- 55E-19 3D. plus: Building structure and design is obviously upscale 3D, plus: Excellent variety of mature plants; Obviously professionally planned and manicured 4D, plus: Extraordinary with unique architectural features 4D, plus: Elegant and extensive variety of landscaping, with meticulous attention to detail in placement and care Basic material and design, such as: drop tile, concrete, or standard grade wood Basic lighting fixtures that provide an adequate level of overall illumination Basic design in limited locations throughout the property PUBLIC AREAS Poster(s) or commercial artwork with thin, un- enhanced wood, metal, or plastic frame(s) Modest enhancements to material and design, such as: enhanced drop tile, painted drywall, popcorn finish, sand textured concrete, etc. Lighting fixtures are modestly enhanced in style, positioning, and function to provide a good level of overall illumination Modestly enhanced design in appropriately placed locations throughout the property Matted artwork (common or commercial) in enhanced frame(s) or other decorative appointments Predominant use of decorative elements to painted drywall, such as: an advanced textured finish (knockdown, orange peel, comb, slap brush, etc.) or select grade wood /stone 2D, plus: Lighting fixtures are decorative and well - coordinated forform and function D plus: Decorative enhancements in design —11- 55E-20 Variety of matted and framed or unframed canvas artwork (varied sizes and scenes) or other appointments that provide a distinctive or thematic upscale appeal 3D. plus: One architectural or design feature, such as: treys, beams, medallions, vaulted /volume, murals /stencils, tin tiles or skylights, ceiling fans, special effect lighting, etc. 313, plus: Lighting fixtures reflect upscale design and provide an excellent level of overall illumination 3D, plus: Upscale design in ample locations 413, plus: Variety of styles and accent pieces, such as: limited edition prints, canvas art, tapestries, or lithographs with enhanced matting and preservation frames, assorted artisan pieces or sculptures, floral displays or plants 413, plus: Multiple architectural or design features 413, plus: Custom lighting fixtures of outstanding quality provide a unique illumination effect 413, plus: Custom design creatively placed for a unique effect Obviously restricted by size and /or placement of appointments; Basic counter registration with limited or no seating capacity If available, predominantly basic materials, such as: particle board, laminate, or vinyl finishes; Dated styles with limited coordination; Provides an adequate level of comfort Ice machine(s) available Vending machine(s) available PUBLIC AREAS Modest restrictions due to size and /or placement of appointments; Seating arrangement for one small group, such as: a sofa and two arm chairs An increased level of coordination; Modest enhancements in materials, design, and function; Provides an enhanced level of comfort Multiple sealed ice machines Basic hygiene amenities, such as: toothbrush /paste, razors, mouthwash, shower caps, combs, etc., available at the front desk or in vending machine No restrictions, as placement of appointments is well - proportioned to area size; Expanded seating arrangement accommodating two small groups; Placement of appointments is well - proportioned to area size and traffic flow Decorative and well- coordinated forform and function; Overall construction and design reflects current industry trends, such as: Melamine resins, solid wood trim, or upgraded laminate finishes; Provides an obvious degree of comfort 2D, plus: Located in a recessed area Dedicated sundry area offering a variety of merchandise, such as: health and beauty needs, food, beverage, and reading materials —12- 55E-21 Area size and placement of appointments provide an obvious degree of spaciousness allowing increased ease of movement for many guests; Multiple conversational groupings, including one or more privacy areas; Identifiable guest service area and bell stand 3D us: Modern or antique upscale style and materials, such as: solid wood, polished metals, leather, designer fabric, veneer finishes with solid wood accents, laminate insets, etc.; Provides an exceptional degree of comfort 313, plus: Conveniently located and appropriately soundproofed Upscale gift shop Area size and placement of appointments provide a free flowing abundance of space that contributes to the ultimate level of comfort and relaxation for many guests; Identifiable concierge area 4D. plus: Luxurious, unique, and elegant custom design and workmanship Specialized service, delivery or in -room honor bar Variety of first - class shops PUBLIC AREAS Personal computer, with Internet access, available in lobby for guests' use Elevator is available for guests' use in multi -story buildings Artificial or live plants In limited locations —13— Dedicated open area (out of traffic pattern) with desk and chair, to include at least three business - related items, such as: PC, printer, copier, fax machine, supplies, etc. 213, Plus: Primarily dedicated to guests' use; Prompt response, quick moving, and spacious; Elevator includes decorative appointments; Landing includes a limited (four) amount of decorative furnishings, such as: tables, lamps, phone, artwork, chair, mirror, flowers, etc., and is recessed from the lobby and guestroom corridors Good variety of live plants or artificial floral arrangements used as appropriate for decorative accents throughout the property 55E -22 3D, plus: Well-appointed, enclosed area; Multi -guest capability with comprehensive office supplies 30, plus: Multiple elevators include upscale appointments; Landings include a variety of upscale furnishings (five), such as: sofa table, lamps /wall sconce, phone, artwork, chair, coffee table, mirror, flowers /plants, etc.; Additional service elevator is available for staff's use Abundant variety of live plants, silk, or dried floral arrangements used as appropriate to enhance an upscale theme throughout the property 413, Plus: Luxurious surroundings include the latest business technology; Professionally staffed area 413, Plus: Elevator cabs have dual call button panels; landings are elegant with luxurious, unique, and artistic appointments Garden -fresh condition, outstanding variety of live plants and flowers that are uniquely arranged to provide a luxurious appeal throughout the property PUBLIC AREAS Limited (washer and dryer only) coin - operated laundry facilities Luggage carts available Private meeting room available; Basic audiovisual equipment available, such as: projectors, microphones, television, sound system, etc. Expanded coin - operated laundry facilities, such as: multiple machines, vending supplies, folding table, etc. -or- valet laundry 2D, plus: Design enhancements, such as: solid construction, larger, smooth tracking wheels, and bumper guards Expanded meeting space with decorative appointments; Increased variety of audiovisual equipment available, such as: dropdown projector and screen, smart lectern, controlling lights and surround sound, multi - casting, wireless communication, etc.; Some conference services available, such as: planning assistance, catering, and most technology needs —14- 55E-23 Valet laundry and pressing available 3D, plus: Upscale design enhancements, such as: brass or metal finish, carpeted base, and multiple hanging capabilities. Luggage assistance available upon request A variety of meeting rooms, such as: ballroom, boardroom, theatre, and /or meeting rooms of various sizes, with upscale appointments; All audiovisual equipment is state -of- the -art; Full conference services available including on -site professional conference planner and technical support 4D, plus: Personalized services available, such as: one hour pressing, shoeshine, tailoring or alterations, etc. Luggage assistance upon arrival is automatic 4D. olus: Luxuriously appointed, first - class facilities; Custom conference services PUBLIC AREAS One full- service outlet or food court (comparable to a one diamond restaurant) onsite: Lem I Standard continental breakfast (minimum: juice, pastry, and hot beverage) is served in a dedicated area with modest restrictions due to size and /or placement of appointments; Limited seating is available Pool area with a limited amount of furniture of basic or mixed styles; Property location determines seasonal availability —15— 2D, Plus: (comparable to a two diamond restaurant); Lounge or bar area Expanded continental breakfast, or more, is served in a dedicated area that is distinctly separate from the lobby traffic; Appointments are well - proportioned to area size, with appropriate seating for the size of the establishment; Television Weather appropriate pool (usable at least nine months annually); Area is well- appointed with a good variety of decorative, comfortable pool furniture; Hot tub or whirlpool spa 55E -24 Upscale, full - service restaurant (comparable to a three diamond restaurant); Separate lounge or bar area; Room service available for breakfast, lunch, and dinner 3D, plus: Pool area reflects the use of upscale building materials and design, with a variety of pool furniture; Hot tub or whirlpool spa, steam room, or sauna; Food and beverage service is available poolside 4D, plus: Multiple outlets (at least one is comparable to a four diamond restaurant); Room service available 24/7 4D, plus: Pool area is of elegant design, with unique appointments, such as: sculptures, waterfalls /features, exotic plants and gardens, stone /tile surfaces with designer inlays, etc.; Outstanding variety of luxurious furniture; Cabanas; Full -time professional attendant is on duty PUBLIC AREAS Two pieces of equipment on site in a designated room One unisex 213, olus: Three or more pieces of equipment; Room is enhanced with atleastthree purposeful appointments, such as: mirrored walls, television, water cooler, bathroom, towels, clock, scales, etc. Multiple facilities/ programs onsite; Some with off - site privileges Separate gender restrooms in a convenient location (If property has expanded meeting facilities, then additional restrooms are available in proportion) —16- 55E-25 Full spa services available 3D. plus: Five or more pieces of state -of- the -art equipment, including cardio and weight training capability 3D. plus: Arrangements are made for off - site services 36. plus: Upscale appointments Full spa onsite D lus: Ten or more pieces of equipment; Luxurious health club environment; dressing area includes: lockers, showers, and restrooms; Full - time professional attendant is on duty; In -room exercise equipment available D plus; First -class facilities/ programs with custom concierge services provided 4D. plus: First -class with luxurious appointments GLOSS) ► < ► `C ► F ► F ► F e ► F sidential Of, or relating to, or connected witl d cooling -: ng use orwear; unfashionable; I or purposed. that the rating includes the bolded .irrent column. de; invokes a personal presence of home. Diamond Rating Guidelines - Guesttown Predominantly basic or dated GUESTROOM -reased ordination of pointments Prednminantly �encra� > I lus: I coordination or > combined with - wicn cnau ii : w¢n luxunuuo, appointments modest decorative an exceptional unique, and that provide an enhancements appointments degree of artistic adequate level of to function, that are comfort appointments comfort design elements, attractive, room size, well - and /or amenities coordinated for that form and provide an function that enhanced level - provide an of comfort obvious degree - of comfort Obviously restricted by size and /or placement of appointments; however, provides guest an adequate level of comfort Modest restrictions No restrictions, as due to size and /or placement of placement of appointments is appointments well - proportioned to room size —17- 55E-26 Room size and placement of appointments provide an obvious degree of spaciousness, allowing increased ease of movement for multiple guests Room size and placement of appointments provide a free flowing abundance of space that contributes to the ultimate level of comfort and relaxation for multiple guests Basic material, such as: linoleum or low density pile carpet with padding that provides little or no comfort underfoot (floor feels hard) Basic material and design, such as: cinder block with a plain paint finish, standard grade wood, prefab modular laminate paneling, or wallpaper GUESTROOM Enhanced material, such as: wood laminates and vinyl, or medium density pile carpet with padding that provides average comfort underfoot Wall treatments are modestly enhanced,such as: drywall with basic paint finish or plain vinyl coverings; Rubber or vinyl baseboards Poster(s) or commercial artwork with thin, un- enhanced wood, metal, or plastic frame(s) 2D, plus: Wood laminates or carpet with enhanced design, such as: patterns, textures, or inlays; Decorative tile (ceramic, stone, concrete, terra cotta, etc.); Hard surfaced floors have decorative area rugs as appropriate Decorative wall treatments, such as: drywall with textured and painted finish, decorative vinyl coverings, or select grade wood /stone; Carpeted baseboards Matted and framed artwork (common or commercial) in enhanced frame(s) or other decorative appointments _)g_ 55E -27 3D. plus: High grade wood, marble, granite, or other upscale stone floors, or high density pile carpet with padding that provides exceptional comfort underfoot 3D, plus: At least one significant upscale design enhancement, such as: accent wall(s), furniture - finish wood paneling, soft wall coverings, ceiling trim, architectural feature, wainscot, chair rails, etc.; Wood baseboards Variety of matted and framed artwork (varied sizes and scenes) or other appointments that provide a distinctive or thematic upscale appeal 4D us: Custom inlays or textured enhancements that provide an overall design that is obviously elegant and unique; Area rugs are luxurious and unique 4D. plus: Wall finishes are of the highest grade materials; Accented with multiple luxurious design enhancements 4D. plus: Variety of styles and accent pieces, such as: limited edition prints, canvas art, tapestries, or lithographs with enhanced matting and preservation frames, assorted artisan pieces or sculptures, floral displays or plants Basic material and design, such as: drop tile, concrete, or standard grade wood Basic drapes, blinds, or shades offering limited blackout effect from the sun or outside light sources No headboard -or- headboard and mattress are of basic materials and plain design (vinyl flat top); Box spring or bed base Bed coverings are of basic style; Bed linens are of common blends and thread counts (sheer, coarse to touch); Pillows are of a standard grade (thin Polyester batting) GUESTROOM Modest enhancements to material and design, such as: enhanced drop tile, painted drywall, popcorn finish, sand textured concrete, etc. 1D, plus: Full blackout effect Headboard and mattress are of modestly enhanced material and design (quilted, soft top); Box spring or bed base Bed coverings are quilted or modestly enhancedin style; Bed linens are of average (180 -250) thread count, closely woven and smooth to touch; Pillows are of an enhanced grade (thick Cluster Fiber) —19— Predominant use of decorative enhancements to painted drywall, such as: an advanced textured finish (knockdown, orange peel, comb, slap brush, etc.) or select grade wood /stone 213, plus: Two design enhancements, such as: blinds, shutters, sheers, fabric side panels, valance, glass treatment, cornice, etc., provides a professional design effect 2D, plus: Decorative headboard 213, plus: Two accent features, such as: comforter, duvet, dust ruffles, bed throw /scarf, multiple pillows, accent pillows/ shams or triple sheeting 55E -28 3D us: One architectural or design feature, such as: treys, beams, medallions, vaulted /volume, murals /stencils, tin tiles or skylights, ceiling fans, special effect lighting, etc. 3D, plus: Three or more design enhancements Upscale headboard, bed base and mattress which includes a comfort enhancement, such as: pillow top, memory foam padding, adjustable comfort level, etc. Bed coverings include three or more accent features (see 3D); Bed linens are of increased thread count (>250), tightly woven, crisp, and very soft to the touch; Pillows are of an upscale grade, such as: down or feather 413, plus: Multiple architectural or design features 4D, plus: Elaborate, luxurious, and unique visual effect 4D, plus: Elaborate, luxurious, and unique visual appeal 4D, plus: 300 thread count bed linens (Egyptian cotton, satin, silk or similar) provide a super soft, silk -like feel; Choice of pillow fills, such as: silk, wool, cashmere, premium foams, latex or goose down, etc., is provided Open wall - mounted clothes rack with simple wire or non - detachable hangers Open clothes storage space Two or more well - positioned basic lighting fixtures; Provide an adequate level of overall illumination Predominantly basic materials, such as: particle board, pressboard, laminate, or vinyl finishes; Dated styles with limited coordination; Provides an adequate level of comfort GUESTROOM Semi - enclosed area with detachable wood, plastic, or heavy metal hangers Multiple enclosed drawers; Total storage space can accommodate the needs of two or more guests Three or more lighting fixtures; Modestly enhanced in style, positioning, and function; Provide a good level of overall illumination 1D. plus: An increased level of coordination; Modest enhancements in materials, design, and function; Provides an enhanced level of comfort Fully- enclosed with at least six open -hook wood or heavy gauge, sculptured plastic matching hangers; Some with skirt or pant hanging attachments; Closet depth is 22 inches ( at minimum) and can enclose full length apparel 213, plus: Sufficient space for one piece of luggage, such as: folding metal rack, bench, or credenza top Four or more well - positioned lighting fixtures; Decorative and well- coordinated for form and function; Provide a good level of overall illumination at each location Predominantly freestanding; Decorative and well-coordinated for form and function; Overall construction and design reflects current industry trends, such as: Melamine resins, solid wood trim, or upgraded laminate finishes; Provides an obvious degree of comfort —20- 55E-29 313, plus: At least eight hangers 3D, plus: Sufficient space for two pieces of luggage (upgraded wooden racks or designer -style benches); Total storage space can accommodate the needs of three or more guests 3D. plus: Predominantly freestanding fixtures of upscale design; Provide an excellent level of overall illumination 3D, plus: Modern or antique upscale style and materials, such as: solid wood, polished metals, leather, designer fabric, veneer finishes with solid wood accents, laminate insets, etc.; Provides an exceptional degree of 4D, plus: At least ten hangers (two of which are satin or similar); One or more designer features, such as: drawers, shelves, shoe rack, walk -in capability, etc.; Closet is illuminated 413. plus: Total storage space can accommodate the needs of four or more guests 413, plus: Custom lighting fixtures of outstanding quality; Custom function(s), such as: dimmers, point lighting, multiple switches, and /or natural light sources; Provide a unique illumination effect 413, plus: Luxurious, unique, and elegant custom design and workmanship One chair (typically placed as part of a duplex, triplex, or task table) Duplex, triplex, or small task table that provides adequate work space (e.g., enough space for a laptop computer and an 8x10 Inch reference material item) Heat and /or air conditioning available on a seasonal basis as needed; Window style air - conditioning units Touch -tone telephone GUESTROOM 113, plus: Additional seating for one guest; Vinyl or fabric upholstery Desk or medium task table that provides good work space (e.g., enough space for a laptop computer and two 8x10 inch reference material items) 1D, plus: Conveniently located through - wall units 1D. plus: Message light on telephone —21— Comfortable seating for two guests - to include desk chair with arms and partial upholstery, such as: vinyl, leather, or fabric; Plus one additional fully upholstered easy /lounge chair that is positioned for television viewing Desk or large task table that provides very good work space (e.g., enough space for a laptop computer and three 8x10 inch reference material items); One electrical outlet (not in use) conveniently placed at the desk 213, plus: Heat and air conditioning available on demand; Modern, quiet, with easily accessible controls in each guestroom 213, plus: Voice messaging 55E -30 313, plus: Comfortable seating for three guests; Upscale materials and design in an expanded setting, such as: a loveseat, sofa, or oversized chair with ottoman Large desk that provides ample work space (e.g., enough space for a laptop computer, three 8x10 inch reference material items, and a portable printer); Multiple electrical outlets (not in use) conveniently placed at the desk Heat and air conditioning available on demand; Central system with thermostat control 3D. plus: Multiple telephones; Two - line telephone or separate Internet capability 4D, plus: Luxurious materials and design; Additional furniture pieces, such as: end tables, coffee or occasional tables 413, Plus: Desktop enhancements, such as: desk blotter, pull -out writing surface, stationery, and other office supplies 4D, plus: Digital thermostat control D us: Cordless telephone; Expanded phone features, such as: pre - programmed dialing keys, speaker capability, personalized display or voicemail Dial -up capability Standard CRT TV (curved screen); Wall- mounted; Limited viewing angles; Basic cable Clock GUESTROOM High -speed access (cable or wireless) available in some rooms ID, olus: Standard CRT TV (curved screen) with remote control; Located on credenza, dresser, or other furniture piece without a swivel base; Limited viewing angles; Channel directory Standard clock radio High -speed cable access available in all rooms 2D, plus: z 25 inch screens with portable full function remote control; With swivel /pull -out base; Multiple viewing angles; Multiple televisions in suites; Expanded Cable channel selection (at least 35 channels); Plus one additional feature, such as: free movie channel, pay - per -view movie channels, video games, etc. 2D. olus: Decorative design _22_ 55E -31 High -speed wireless access available in all rooms 3D : t 2S inch Flat Screen CRT or Flat Panel TV (such as: LCD, Plasma, SED, etc.); Located on credenza, dresser, or on /in other furniture piece with a swivel /pull -out base or wall mounted; Cables and cords are hidden from view 3D, olus: Digital display DVD player (in lieu of pay -per- view movies) 4D s: Available in some public areas of the property 4D, plus: Custom, decorative enhancement (e.g., framing, mantle placement, remote enclosure, mirrored screen, etc.); High - definition channels available 4D, plus: CD player with at least one CD selection; MP3 docking station; Surround sound audio DVD Player; DVD library available Local telephone directory Basic ice bucket (polystyrene foam, plastic, cardboard, etc.) with disposable cups GUESTROOM 1D. plus: Local Business flyers (food, attractions, transportation, etc.); Notepad and pencil Plastic ice bucket with lid and disposable cups Iron & board available Full- length mirror —23— 2D, Plus: Guest - service directory; Complimentary daily newspaper available; Notepad and pen Insulated plastic ice bucket with lid and disposable cups Full -size iron and board Refrigerator available Microwave oven available Extra pillows and blankets available In -room safe Coffee maker and supplies, including tea bags Framed or beveled full - length mirror 55E -32 3D, plus: Enhanced guest - service directory in folder, binder, or digital format; Complimentary daily newspaper delivered to room; Additional reading materials, such as: magazines, books, etc.; Upgraded stationery package (envelopes, postcards, writing paper) Ice bucket with lid of upscale design, such as: insulated and padded vinyl, acrylic or metal; Glass tumblers 3D, plus: In -room snacks, mini bar, or a refrigerator that can be custom stocked upon request In -room safe that is large enough fora standard 12" laptop computer 4D, plus: Uniquely appointed guest- service directory in folder, binder or digital format; In -room comfort menu providing exercise, spa, butler, or other personalized services; Assortment of complimentary daily newspapers available for delivery to room Ice bucket of luxurious design, such as: designer glass, silver, brushed or glossy metal finish, rings or handles, etc.; Selection of glassware; Ice tongs 4D, plus: Two robes; Two pairs of slippers Umbrella In -room comfort menu providing exercise, spa, butler, or other personalized services Diamond afro Guidelines - Bathroom Obviously restricted by size and /or placement of appointments; however, provides guest an adequate level of comfort Basic material, such as: linoleum, painted concrete, plain resin, or poured composite surface BATHROOM Modest restrictions due to size and /or placement of appointments Vinyl or ceramic tile No restrictions, as placement of appointments is well - proportioned to room size Decorative tile (ceramic, stone, concrete, terra cotta, etc.) —24- 55E-33 Room size and placement of appointments provide an obvious degree of spaciousness, allowing increased ease of movement for multiple guests Marble, granite, or other upscale stone floors; Area rug(s) as appropriate Room size and placement of appointments provide a free flowing abundance of space that contributes to the ultimate level of comfort and relaxation for multiple guests 4D us: Custom inlays or textured enhancements provide an overall design that is obviously elegant and unique Basic material and design, such as: cinder block with a plain paint finish, standard grade wood, prefab modular laminate paneling, dated ceramic tile or wallpaper Basic material and design, such as: drop tile, concrete, or standard grade wood BATHROOM Wall treatments are modestly enhanced, such as: drywall with basic paint finish or plain vinyl coverings; Rubber, vinyl, or ceramic tile baseboards Modest enhancements to material and design, such as: enhanced drop tile, painted drywall, popcorn finish, sand textured concrete, etc. —25— Decorative wall treatments, such as: drywall with textured and painted finish, decorative vinyl coverings, or select grade wood /stone; Wood or decorative ceramic tile baseboards Predominant use of decorative enhancements to painted drywall, such as: an advanced textured finish (knockdown, orange peel, comb, slap brush, etc.) or select grade wood /stone 55E -34 3D us: At least one significant upscale design enhancement, such as: accent wall(s), furniture - finish wood paneling, soft wall coverings, ceiling trim, architectural feature, wainscot, etc.; Wood or high - end stone baseboards Matted and framed artwork or other appointments that provide a distinctive or thematic upscale appeal 3D. plus: One architectural or design feature, such as: treys, beams, moldings, medallions, raised /vaulted/ volume, murals /stencils, tin or skylights, ceiling fans, special effect lighting, etc. 4D us: Wall finishes are of the highest grade materials; Accented with multiple luxurious design enhancements 4D. olus: Variety of styles and accent pieces, such as: limited edition prints, canvas art, tapestries, or lithographs with enhanced matting and preservation frames, assorted artisan pieces or sculptures, floral displays or plants 4D, plus: Multiple architectural or design features Basic rectangular style, size (41/2 ft, length and 14 in. depth) and materials (fiberglass, acrylic, or porcelain on steel); Simple design (straight sided) If separate from tub (or shower only), base is of basic material (metal or fiberglass) and of plain design Basic square size (59 sq. ft.) BATHROOM 1D, plus: Modest design enhancement 1D. olus: If separate from tub (or shower only), base is of enhanced material (acrylic or ceramic tile) Modest enhancement to design -or- irregular shape (rectangular, rounded corner or neo angle) Fiberglass or metal Acrylic or ceramic file 2D us: Decoratively enhanced in design, or augmented for comfort or function If separate from tub (or shower only), base is decorative ceramic tile, cultured marble /granite, or poured acrylic Very good size ( >9 sq. ft.) Acrylic with enhancements for comfort, style, or function -or- decorative ceramic tile or other solid surface, such as: cultured marble /granite, poured acrylic, etc.) Lightweight vinyl Heavyweight vinyl Decorative vinyl, curtain curtain or plexi- polyester, or nylon glass door with curtains with aluminum frame curved shower rod; -or- lightweight glass door with aluminum frame; -or- effective door -less design -26- 55E-35 Enhancements to size ( >41/2 ft. length and >14 in. depth), design, and /or style, such as: oval, round, or free form If separate from tub (or shower only), base is of upscale material, such as: marble, granite, stone, or porcelain tiles. Oversized ( >12 sq. ft.) Marble, granite, stone, or porcelain tiles; Enhanced solid surface; Tub and shower height soap dishes 313, plus: Double curtains -or- heavyweight glass door with /without metal frame 413, plus: Obvious enhancements in comfort, design, function, and /or material, such as: larger, two person capability, contoured backs, built -in lumbar back support, water jets, enamel- coated cast iron, natural marble, stone, or other designer features 4D : Separate shower stall in addition to the tub; base is of outstanding material and artistic design, such as: marble, granite, stone, or porcelain tiles with complementary inlays or treatments 4D. plus: Luxurious material and artistic design, such as: marble, granite, stone, or porcelain tiles with complementary inlays or treatments; Seating is integrated into design 4D, plus: Fixed door enclosure (framed or frameless); Enhanced (etched, frosted, embossed, tinted, etc.) glass BATHROOM Traditional, single Multiple setting function shower shower head head Two - piece, ID, plus: round; Basic style I Enhanced style Combined with toilet area within an enclosed space that is restricted by size and /or placement of appointments Wall- mounted, basic style, porcelain 113, plus: Modest restrictions due to size and /or placement of appointments YI3 If vanity area is separate from the toilet area, it is positioned in plain view of the guestroom Standard self - rimming porcelain or porcelain on steel _27_ Multiple setting shower head with metal finish Two - piece, elongated; Basic style 2D, Plus: No restrictions, as placement of appointments are well - proportioned to room size OR If vanity area is separate from the toilet area, it is positioned in restricted view from the rest of the guestroom Seamless (Poured acrylic or cultured marble /granite/ quartz) -or- Under- mounted porcelain or porcelain on steel 55E -36 Enhanced style, of modern design, fixed shower head 3D. Plus: Enhanced style or function 3D, Plus: Vanity is well - integrated into the overall scheme of the bathroom for convenience and comfort; Room size and placement of appointments provide an obvious degree of spaciousness, allowing increased ease of movement for multiple guests Porcelain or porcelain on steel, with an upscale counter enhancement, such as: wall faucets or upscale counter - mounted faucets Custom water features, such as: body jets, hand- held sprayers, multiple shower heads, rain showers, or gentle flow environmentally friendly features 4D, plus: Distinct toilet -only area; Enclosed or semi - enclosed 413, plus: Room size and placement of appointments provide a free flowing abundance of space that contributes to the ultimate level of comfort and relaxation for multiple guests 4D us: Multiple sinks of ornate design, such as: above counter vessel or pedestal -or- of designer materials, such as: glass, stainless steel, vitreous china, enameled cast iron, flreclay, brass, nickel, copper, marble, or either real /synthetic stone Small size ( <2 sq. ft.) shelf of basic material, such as: glass, metal, or sheet laminate Small (lye ft. x 2 ft.) mirror Basic design and function, such as: bulb and cover; Provide an adequate level of overall illumination Standard function; Basic materials of plain design Basic, lightweight; Rough to touch; Limp feel; Low absorbency; Displayed on caddies BATHROOM Moderate size (? 2 sq. ft.) laminate counter Medium -sized ( >3 sq. ft.) mirror Very good size (?4 sq. ft.) counter space of solid surface, such as: poured acrylic, cultured marble/ granite /quartz, or ceramic tile 213 Plus: Beveled or decoratively framed mirror Skirting partially Enhanced skirting conceals plumbing conceals plumbing Modest design enhancements, such as: box /egg crate style or enhanced glass cover; Provide a good level of overall illumination 1D, Plus: Modest design enhancements 1D. plus: Modest enhancements in design; Displayed on bars and /or shelves Decorative, well - coordinated for form and function; Multiple bulbs and covers provide a good level of overall illumination 2D, plus: Metal with decorative finishes such as: chrome, pewter, brass, nickel, gold, etc. Medium weight; Soft to touch; Medium absorbency _28_ 55E -37 Oversized (2 6 sq. ft.) counter space of excellent quality, such as: marble, granite, or other solid stone Large (3 ft, x 5 ft.) mirror with an upscale frame Upscale, furniture - finished skirting 3D. plus: Upscale design; Multiple locations; illuminated shower; Provide an excellent level of overall illumination at each location Upscale design enhancements, such as: satin or enamel finishes, two or more metal combinations, embossing, etc. Heavyweight; Plush to touch; Firm, self - supporting feel; Premium cotton with high absorbency 4D, plus: Multiple counters and /or shelves; Artistic design, such as: marble, granite, solid stone, or porcelain tiles with complementary inlays or treatments 4D, plus: Artistic design enhancement 4D, olus: Elaborate design features, cabinetry, multiple shelving, and /or drawers 4D. plus: Designer fixtures; Custom function(s), such as: dimmers, point lighting, multiple switches, and /or natural light sources; Provide a unique illumination effect 4D. plus: Designer materials and style; Unique appointments 4D. Plus: Generous sized towels or bath sheets; Luxurious appearance, with intricate and detailed enhancements to design Two small (< 3/4 oz.) bars of soap (or equivalent) Facial tissues BATHROOM Two medium (? 3/4 oz.) bars of soap (or equivalent); one packet or bottled item; modest presentation 1D, Plus: Wall- mounted with chrome covers —29— Four -piece personal care package, includes: one large (? 11/4 oz.) and one medium (?' /4oz.) bars of soap (or equivalent); two (? 3 /4oz.) bottled items; Decorative presentation; Additional amenities (such as: toothpaste/ brush, comb, sewing kit, mouthwash, etc.) are available onsite Facial tissues inset in vanity (no chrome) Wall- mounted hair dryer Plight -light 55E -38 313, Plus: Seven -piece personal care package; Toiletries are enhanced by fragrance, natural supplement, packaging, etc.; Includes: two large ( >— 1'/4 oz.) bars of soap (or equivalent), three (? 1 oz.) bottled items, and two additional items; Upscale presentation; Freestanding soap dish at sink Facial tissues freestanding in decorative container Freestanding hair dryer; Makeup mirror 313, plus: Landline or cordless telephone available 413, Plus: Ten -piece personal care package of designer /spa toiletries; Ample sized (? 1' /zoz.) bars of soap and bottled items (?:IIA oz.); Unique presentation 4D, Plus: Custom designed container 4D, Plus: Illuminated makeup mirror; Scale; vanity seating D s: Television 'The AAA Four Five Diamond Rating These prestigious ratings are achieved by less than four percent of all Approved properties— typically the most luxurious and pampering properties throughout North America. Less than one third of one percent of lodgings receives the Five Diamonds Rating while approximately three and one half percent receives the Four Diamond® Rating. Establishments must consistently reflect upscale and extraordinary characteristics (respectively) in both physical attributes and level of guest services. If the AAA inspector determines that your establishment meets our Four or Five Diamond Guidelines, the property will next be scheduled for an anonymous hospitality evaluation. Only the Four and Five Diamond evaluations incorporate a review of twelve critical service areas and measure over 300 guest interaction points into the overall rating. In addition, all Five Diamond Rating recommendations are forwarded to AAA's Five Diamond Committee for further review. Once the committee's assessment is concluded, the establishment will be advised in writing of the outcome. Four and Five Diamond Service Expectations IN ADDITION TO THE FOLLOWING GUEST SERVICE INTERACTION POINTS, each section is assessed a subjective point value based on the overall levels of competency, refinement, and hospitality. 1. Reservation Services 4D • Accepted 24 hours, either at property or through a central reservation system • Operator answers phone promptly within three rings • Operator provides a warm and sincere greeting • Reservationist thanks caller for contacting the property • Reservationist provides an introduction X Reservationist asks for caller's name Reservationist addresses caller by name prior to closing Reservationist anticipates caller's needs or offers a personalized recommendation • Reservationist provides rate structure and room availability • Reservationist provides an overview of facilities and services Reservationist exhibits competent knowledge of all associated facilities and hours of operation • Reservationist collects registration information • Reservationist explains deposit and cancellation policies • Reservationist explains unusual payment options • Reservationist reviews reservation request Reservationist exhibits a sincere desire and compliance to all guest requests • Reservationist provides confirmation number or contact's name Reservationist is efficient yet unhurried and sensitive to the manner of the guest • Reservationist provides a warm and sincere thank you to guest for calling Operator addresses guest by name during closing • The guest feels well served Property offers follow -up reservation confirmation to guest in advance of arrival –30- 55E-39 2. Arrival Services 3. 4D Cars in queue are acknowledged and directed as appropriate upon a • Uniformed attendant promptly opens the car door • Attendant provides a warm and sincere welcome greeting • Attendant makes a proper introduction • Attendant inquires about the guest's name Attendant uses guest's name at least once prior to closing • Attendant explains parking procedure Valet parking is automatic • Attendant promptly unloads luggage • Attendant explains luggage handling procedure • Attendant provides direction to registration area Attendant anticipates guest's needs or offers a personalized recommendation Attendant is efficient yet unhurried and sensitive to the manner of the guest Attendant exhibits a sincere desire and compliance to all guest requests Attendant escorts guest to appropriate area X Attendant provides a warm and sincere closing KI name during closing )bby greeters are available to escort guest to appropriate area Check In Services 4D • Attendant provides a warm and sincere greeting; recognizes guest a • Attendant inquires about guest's name Attendant addresses guest by name during initial greeting without it Attendant uses guest's name at least once prior to closing Staff associate acknowledges (with a warm and welcoming greeting; • Registered guests are not asked for duplicate information • Attendant confirms rate and type of room • Attendant provides room number discreetly Attendant places all registration materials into the guest's hand Attendant exhibits a sincere desire and compliance to all guest requ, Attendant anticipates guest's needs or offers a personalized recomrr, Attendant is efficient yet unhurried and sensitive to the manner of tl • Attendant arranges escort of guest and belongings to room Attendant provides introduction to escort • Attendant provides a warm and sincere closing Attendant addresses guest by name during closing X The guest 31- 55E-40 ry guest 4. Bell Services (Check In) 40 • Escort provides a warm and sincere greeting Escort uses guest's name at least once prior to closing • Escort is able to provide information about facilities when asked Escort takes the initiative in providing information about all facilities Escort anticipates guest's needs or offers a personal recommendation Escort exhibits a sincere desire and compliance to all guest requests • Escort places luggage on luggage stand or in appropriate area • Escort explains features and functions of room S. Evening Housekeeping Services —32- 55E-41 1 6. Wake -Up Call Services 4D X Some type of service is available 24/7; Alarm clock or alternative method is used if there are no hones in room • Service number is answered within three rings • Operator provides a warm and sincere greeting Operator uses guest's name at least once prior to closing • Operator asks appropriate questions and replies in a professional manner Operator anticipates guest's needs or offers a personalized recommendation Operator is efficient yet unhurried and sensitive to the manner of the guest • Operator provides a warm and sincere closing Operator addresses guest by name during closing • Call is received within five minutes of requested time • Call is an automated message Call is a live message • Message includes a warm and sincere greeting Message includes the use of guest's name Message includes time of call Message includes other pertinent information, such as weather Operator anticipates guest's needs or offers a personalized recommendation Operator is efficient yet unhurried and sensitive to the manner of the guest Operator provides a warm and sincere closing Operator addresses guest by name during closing • The guest feels well served There is additional evidence of personalized services ]A. Room Service (Order Services) 4D X X Service number is answered within three rings • Operator provides a warm and sincere greeting Operator uses guest's name at least once prior to closing Operator exhibits a sincere desire and compliance to all guest requests Operator anticipates guest's needs or offers a personalized recommendatior • Operator asks appropriate questions and replies in a professional manner • Operator repeats order to guest Operator is efficient yet unhurried and sensitive to the manner of the guest • Operator provides time estimate for delivery(within 30 minutes) • Operator provides a warm and sincere closing Operator addresses guest by name during closing • Operator calls to advise guest if order will be late or if items ordered are no —33- 55E-42 r express services are ava 7B. Room Service (Delivery Services) 4D X Delivered within five minutes of time promised • Morning newspaper is presented with breakfast • Attendant provides a warm and sincere greeting Attendant uses guest's name at least once prior to closing Attendant exhibits a sincere desire and compliance to all guest requests Attendant anticipates guest's needs or provides a personalized recommendation • Attendant provides a suggestion as to tray /table placement Attendant is conversant during set -up and delivery • Attendant reviews guest order • Attendant prepares table set up and removes food covers, with guest permission • Food presentation and quality of ingredients reflects an upscale experience • All appropriate dishware and linens are of an upscale quality • All food is served at the proper temperature (hot food hot and cold food cold) • All food is prepared as ordered There is additional evidence of personalized services • Attendant offers to pour beverage • Attendant provides written or verbal direction for table /tray removal Attendant is efficient yet unhurried and sensitive to the manner of the guest • Attendant provides a warm and sincere closing Attendant addresses guest by name during closing • The guest feels well served X Prompt (within 15 minutes) removal of trays /tables, upon request 8. Bell Services (Check Out) a 4D X Service number is answered within three rings X Operator provides a warm and sincere greeting Operator uses guest's name at least once prior to closing Operator exhibits a sincere desire and compliance to all guest requests Uperator anticipates guest's needs or otters a personalized recommendatei • Operator offers to retrieve car or arrange other transportation Operator is efficient yet unhurried and sensitive to the manner of the guest • Operator provides a warm and sincere closing Operator addresses guest by name during closing • The guest feels well served • Bell staff arrives promptly; If not within five minutes, guest is notified of de • Bell staff provides a warm and sincere greeting —34- 55E-43 9. d �I Oil X 0 a KI tb IN R X Bell staff uses guest's name at least once prior to Bell staff exhibits a sincere desire and compliance Bell staff anticipates guest's needs or offers a per Bell staff inquires about guest's stay Bell staff is appropriately conversant with guest h Bell staff is efficient yet unhurried and sensitive ti Bell staff provides a warm and sincere closing Bell staff addresses guest by name during closing The guest feels well served to all guest )roviding assistance manner of the guest Check Out Services Express check out services are available Attendant provides a warm and sincere Attendant addresses guest by name du Staff associate acknowledges guests (w Attendant inquires about guest stay Attendant exhibits a sincere desire and Attendant provides a copy of bill for rev feting; recognizes guest appropriately initial greeting, and as appropriate thereafter a warm and welcoming greeting) guests waiting in line npliance to all guest requests in quest's hand Attendant places check out folio into the guest's hand Attendant expresses a warm and sincere thank you for staying at the property Attendant sincerely encourages guest to return Attendant anticipates guest's needs or offers a personalized recommendation Attendant is efficient yet unhurried and sensitive to the manner of the guest Attendant provides a warm and sincere closing Attendant addresses guest by name during closing The guest feels well served Departure Services Guest's vehicle is waiting or comfortable accommodations are p Guest does not wait more than five minutes for pre- arranged tr Attendant provides a warm and sincere greeting Attendant uses guest's name at least once prior to closing Attendant anticipates guest's needs or offers a personalized rec Attendant is conversant pertaining to the guest's stay Attendant reviews all of guest's belongings and their placement Attendant opens and closes door for guest(s) Attendant is efficient yet unhurried and sensitive to the manner Attendant provides a warm and sincere closing Attendant addresses guest by name during closing The guest feels well served —35- 55E-44 11. Concierge Services 413 • Concierge is on duty with limited hours of availability Concierge is on duty, or a "special services" number is available for guests, 24/7 • Attendant provides a warm and sincere greeting Attendant uses guest's name at least once prior to closing Attendant exhibits a sincere desire and compliance to all guest requests Attendant anticipates guest's needs or offers a personalized recommendation X j Attendant demonstrates a general knowledge of area attractions and services IUAttendant demonstrates an extensive knowledge of area attractions and services Attendant fulfills guest's special request(s) Attendant is efficient yet unhurried and sensitive to the manner of the guest Attendant provides a warm and sincere closing Attendant addresses guest by name during closing Th e guest feels well served Miscellaneous Staff Services 4D All associates exhibit a professional vocabulary that is devoid of common slang Guests are graciously escorted to areas when directions are requested All associates consistently maintain eye contact with guests There is evidence that all associates are empowered by management to resolve guest issues immediately • All staff associates fulfill guest's special request(s) All phone calls are answered promptly within three rings • All associates are appropriately attired; name tags are clearly visible • All associates demonstrate appropriate behavior • All associates demonstrate appropriate hygiene Short - notice pressing is available Shoe shine service is available • Accurate pre - programmed phones • Miscellaneous charges are billed directly to the guest room Butler services are available for all rooms • At least one food and beverage outlet is comparable to a Three Diamond rating At least one food and beverage outlet is comparable to a Four Diamond rating At least one food and beverage outlet is comparable to a Five Diamond rating —36- 55E-45 The Listing ONCE A PROPERTY IS APPROVED, AAA PUBLISHING ESTABLISHES THE CONTENT AND FORMAT OF EACH LISTING IN ALL OF OUR PUBLICATIONS. The listing is provided at no cost to the establishment and does not contain advertising or promotional verbiage provided by the operator. The listing copy describing the lodging is based in part on objective information provided by the establishment. This listing information is updated annually, and your establishment will be contacted either in person, by mail, or via the telephone. Failure to provide this information in a timely manner may result in the deletion of your establishment from our publications. Additionally, AAA's professionally trained inspectors enhance our inventory with descriptive prose for each establishment. This skilled degree of subjectivity enables us to capture the feel of an experience and pass along this valuable information to AAA members. Each Diamond Rated property has the opportunity to participate in the AAA Official Appointment Program, entitling the establishment to use the renowned AAA (CAA in Canada) emblem and Diamond Rating in its advertising and promotions. This program also entitles the establishment to an enhanced listing in AAA publications. Personalized display advertising in AAA publications is also available.. FYI Designation This designation means that a property has not been Diamond Rated by a AAA inspector, but is of notable significance and potential member value. The property is unrated due to one of the following reasons: • The property is too new to rate. • The property is under construction. • The property is undergoing extensive renovations. • The property has not been evaluated. • The property does not meet all Diamond Rating requirements. Lodging Classifications ALL DIAMOND RATED LODGINGS ARE CLASSIFIED USING KEY DESCRIPTIVE ELEMENTS. FIRST, ALL LODGINGS ARE CLASSIFIED BY STYLE OF OPERATION: Bed and Breakfast: Typically smaller scale properties emphasizing anigh degree of personal touches that provide guests an 'at home" feeling. Guest units tend to be individually decorated. Rooms may not include some modern amenities such as televisions and telephones, and may have a shared bathroom. Usually; owner- operated with a common room or parlor separate from the innkeeper's living . quarters, where guests and operators can interact during evening and breakfast hours. Evening office closures are normal. A continental or full, hot breakfast is served and is included in the room rate. —37- 55E-47 Cabin: Vacation- oriented, typically smaller scale, freestanding units of simple construction— roughly finished logs or stone —and basic design or decor. Often located in wooded, rural, or waterfront locations, As a rule, basic cleaning supplies, kitchen utensils, and complete bed and bath linens are supplied. The guest registration area may be located off site. Condominium: Vacation- oriented — commonly for extended -stay purposes— apartment -style accommodations of varying design or decor. Routinely available for rent through a management company, units often contain one or more bedrooms, a living room, full kitchen, and an eating area. Studio -type models combine the sleeping and living areas into one room. As a rule, basic cleaning supplies, kitchen utensils, and complete bed and bath linens are supplied. The guest registration area may be located off site. Cottage: Vacation - oriented, typically smaller scale, freestanding units with home style enhancements in architectural design and interior decor. Often located in wooded, rural, or waterfront locations. Units may vary in design and decor. As a rule, basic cleaning supplies, kitchen utensils, and complete bed and bath linens are supplied. The guest registration area may be located off site. Country Inn: Although similar in definition to a bed and breakfast, country inns are usually larger in scale with spacious public areas and offer a dining facility that serves —at a minimum— breakfast and dinner. Hotel: Commonly, a multistory establishment with interior room entrances offering a variety of guest unit styles. The magnitude of the public areas is determined by the overall theme, location and service level, but may include a variety of facilities such as a restaurant, shops, fitness center, spa, business center, and /or meeting rooms. Motel: Commonly, a one- or two -story establishment with exterior room entrances and drive up parking. Typically, guest units have one bedroom with a bathroom of similar decor and design. Public areas and facilities are often limited in size and /or availability. Ranch: Typically a working ranch with an obvious rustic, Western theme featuring equestrian - related activities and a variety of guest unit styles. Vacation Rental House: Vacation - oriented — commonly for extended -stay purposes — typically larger scale, freestanding, and of varying design or decor. Routinely available for rent through a management company, houses often contain two or more bedrooms, a living room, full kitchen, dining room, and multiple bathrooms, As a rule, basic cleaning supplies, kitchen utensils, and complete bed and bath linens are supplied. The guest registration area may be located off site. ESSECOND, A DETERMINATION IS MADE PERTAINING TO OVERALL CONCEPT — AND (IF APPLICABLE), A LODGING MAY BE FURTHER DEFINED AS: Boutique: Often thematic and typically an informal, yet highly personalized experience; may have a luxurious or quirky style which is fashionable or unique. Classic: Renowned and landmark properties, older than 50 years, well known for their unique style and ambiance. Casino: Extensive gambling facilities are available, such as: blackjack, craps, keno, and slot machines. Contemporary: Overall design and theme reflects characteristics of the present era's mainstream tastes and style, Extended Stay: Offers a predominance of long -term accommodations with a designated full- service kitchen area within each unit. Historic: These properties are typically over 75 years of age and exhibit many features of a historic nature with respect to architecture, design, furnishings, public record, or acclaim. Properties must meet one of the following criteria: • Maintained the integrity of the historical nature • Listed on the National Register of Historic Places • National Historic Landmark or located in a National Register Historic District —38— 55E -48 Resort: Recreation- oriented, geared to vacation travelers seeking a specific destination experience. Travel packages, meal plans, theme entertainment, and social and recreational programs are typically available. Recreational facilities are extensive and may include spa treatments, golf, tennis, skiing, fishing, or water sports. Larger resorts may offer a variety of guest accommodations. Retro: Overall design and theme reflects a contemporary design reinterpreting styles from a bygone era. Vacation Rental: Typically houses, condos, cottages or cabins; these properties are a "home away from home" offering more room and greater value for the money. In general, they provide the conveniences of home, such as full kitchens and washers /dryers. Located in resort or popular destination areas within close proximity to major points of interests, attractions, or recreation areas, these properties may require a pre- arranged reservation and check -in at an off -site location. Housekeeping services may be limited or not included. Vintage: Offers a window to the past and provides an experience reflecting a predominance of traits associated with the era of their origin. Accessibility Accessible Features: This property has some accessible features. It may be fully accessible, semi - accessible, or meet some of the needs of hearing- impaired individuals. Accessibility is not a requirement for listing and will not affect your Diamond Rating. However, we strongly encourage you to make every effort to meet the needs of all your guests - including the mature traveler and those with disabilities. Member Comment Procedures AAA CLOSELY MONITORS THE NUMBER AND TYPE OF COMMENTS WE RECEIVE FROM MEMBERS REGARDING ALL APPROVED PROPERTIES, When members write to us expressing dissatisfaction with a particular lodging, it is tracked through the AAA National Office Member Relations department. All complaints are carefully reviewed for validity. The establishment is then notified of each complaint so they have an opportunity to respond and resolve the matter within a reasonable period of time. Even though a complaint may be satisfactorily resolved, the complaint becomes a permanent part of the establishment's record. If a member complaint is determined to be of an extreme nature, an establishment may be disapproved immediately and without warning. This action is at AAA's sole discretion. If a property has been disapproved for excessive member complaints, a written request for a reevaluation may be submitted, accompanied by an explanation of the actions taken to limit future complaints. Note: Such properties may not reapply until one year has passed from the date of disapproval. All requests may be addressed to: AAA Tourism Information Development 1000 AAA Drive Mail Stop 51 Heathrow, FL 32746 -5063 -39- 55E-49 The AAA Appeals r s THE APPEALS PROCESS WAS ESTABLISHED AS A RESOURCE FOR ALL RESTAURANTS, LODGINGS, CAMPGROUNDS, AND ATTRACTIONS EVALUATED BY AAA. What can I appeal? Our relationships with lodging establishments are very important to us and, therefore, each situation is handled on an individual basis via the following steps: How do I file an appeal? First, contact the AAA Customer Service Center, Monday through Friday, from 8:30am to 5:15pm (Eastern Time) at 407 - 444 -8370. In many cases, our analysts will be able to answer your concern immediately. If resolution is not obtained, your call will be directed to the AAA Regional Manager for your area If an issue remains unresolved after the above steps, an establishment is asked to state its concerns in writing for review by the AAA Appeals Committee. All appeals entertained by the committee must be in writing from the establishment only. In order to expedite this process, appeals should outline the specific concerns in a succinct manner. Each appeal is thoroughly researched and given thoughtful consideration and a substantive reply. All appeals should be sent to the attention of: AAA Appeals. Committee 1000 AAA Drive Mail Stop 51 Heathrow, FL 32746 -5063 Please note: The committee's decision on your appeal will be considered as AAA's final decision. You will be notified by mail as to the status of your appeal within 45 days of receipt of your written statement. Green r r AAA SUPPORTS ENVIRONMENTAL MANAGEMENT AND SUSTAINABILITY THROUGHOUT THE LODGING INDUSTRY TO THE EXTENT THAT TRULY EFFECTIVE PROGRAMS MAINTAIN QUALITY STANDARDS OF GUEST COMFORT. We strongly encourage continued use of programs that offer guests choices without consequences for noncompliance. Effective green programs are intended to reduce waste without reducing guest comfort. —40— 55E -50 Addresses and Phone Numbers If you have additional questions... ► Please call AAA at: (407) 444 -8370 Evaluation Applications, Operations, Rating and Listing Information (407) 444 -8280 Display Advertising & Official Appointments ► Visit us at www.AAA.biz /Approved ► Or, write to us at: AAA Tourism Information Development Mail Stop 51 1000 AAA Drive Heathrow, FL 32746 -5063 Establishments located in Southern California should contact the following AAA club: Automobile Club of Southern California P.O. Box 25001 `Santa Ana, CA 92799 -5001 (714) 885- 2247, option #2 Evaluations, Ratings, and Official Appointments (714) 885 -2410 TourBook Advertising -41- 55E-51 55E -52 ROI-I: 06/07/16 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ESTABLISH A HOTEL DEVELOPMENT INCENTIVE 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: Santa Ana's proximity to the Anaheim resort district, the John Wayne Airport, and local amenities such as the Discovery Science Cube and the Bowers Museum makes it a desirable location to attract incoming tourists and visitors to Orange County. According to a study by PKF Hospitality Research consultant, the average occupancy rate for Orange County hotels is 78.3% and is indicative that additional capacity exists for the development of new hotels in this area. Santa Ana will need to strategically position itself to accommodate new hotel development. By doing so, Santa Ana will have the potential to create new jobs, spur economic development, and enhance the City's revenue base. Currently, the City of Santa Ana does not have any four - star rated or AAA four Diamond and above hotels.. However, nine three - star rated hotels reside within City limits. All other hotels and motels within the City are rated from one to two - stars. A uniform rating system for star quality hotels in the United States does not exist. Several websites and travel guides use the star rating when ranking hotels. AAA has an Independent rating system that many hotels have been rated by. The City recommends the use of both star and AAA diamond ratings for this incentive program. The City currently imposes an 11% Hotel Visitors Tax (HVT) on hotel and motel guests. The purpose of this tax is to recover costs of governmental services associated with nonresidents of the City. Since fiscal year 2011- 12, the City has experienced a 29 percent increase in HVT revenues and are projected to exceed $9 million by year end 2015 -16. 4. To spur the development of high quality hotels (four to five star rated or AAA Four Diamond or above), the City is recommending an economic incentive to close the funding gap in a proposed high quality hotel development. A feasibility analysis would be completed for the project, whereby a projection of operating performance is combined with project Exhibit 2 Resolution No. 2016- 55E -53 development cost in order to determine the funding gap. A financial firm would be used for the feasibility analysis which would be funded by the developer. 5. The City would pay for the funding gap through the HVT incremental revenue over a period specified in each negotiated agreement. The City would use a percentage (50 percent) of new incremental HVT generated by the new development to fund the payments. Incremental HVT equals the amount of new HVT that the new hotel development generates from a baseline (Year 0). No upfront expenditures from the City would be required. Each hotel agreement will be brought forward to City Council for consideration. Section 2. Based upon the information provided herein and at the hearing on this matter, the City Council of the City of Santa Ana hereby establishes the Hotel Development Incentive Program as follows: 1. Definitions. For the provisions of this Resolution, the following definitions shall apply: a. Brand — the entity whose Flag is used to identify the Hotel. b. Executive Director — the Executive Director of the Community Development Agency for the City of Santa Ana, or his /her designee. c. Flag — the distinctive name of a Hotel that, by virtue of its distinctive name, is identified by specific physical and operational features so that guests are assured that they will receive a specified level of service and amenities wherever the property is located. d. Hotel — any building with rooms or suites intended for an uninterrupted stay of no more than twenty -eight consecutive calendar days by guests for compensation, which was not operational at the time of adoption of this Resolution, and provides physical features and operational services that meet or exceed, as determined by the Executive Director acting in his /her sole and absolute discretion, a four to five star rating or criteria established for AAA Four Diamond or above Hotels by the American Automobile Association. e. Hotel Development Incentive Program — the program set forth in this Resolution to encourage and incentivize the development, construction and operation of Hotels. Resolution No. 2016- 55E -54 Hotel Visitor's Tax (HVT) Rate — The current rate of HVT, as applicable from time to time. The HVT Rate shall apply for the calculation of any and all Incentive Payments. Incentive Payments — the payments made by the City to an Owner pursuant to an Operating Covenant Agreement and described in Section 4 hereof. Labor Peace Agreement — an enforceable agreement between a Hotel Owner or Operator and a labor organization, as defined by 29 U.S.C. §152(5), that represents, or seeks to represent, the Hotel's employees, both during construction and operation of the Hotel, and that contains provisions under which the labor organization for itself and its members agrees to refrain from engaging in any picketing, work stoppages, or any other economic interference with Hotel operations. Open(s)(ing)(ed) for Business or Opening — the day on which a Hotel opens for business to the general public. Operating Covenant Agreement(s) — the agreement(s) approved by the City Council described in Section 3 hereof. k. Operating Period — This will be negotiated in the Operating Covenant Agreement. Operator — franchisee, manager, lessee, or licensee with whom an Owner has a contract to operate the Hotel pursuant to a franchise, management, lease, or license arrangement. M. Owner -- the person or entity that is the owner of a Hotel or a site upon which a Hotel is to be constructed, whether in the capacity of fee simple owner, lessee, sub- lessee, mortgagee in possession, licensee, franchisee, or any other capacity, or the assignee or designee of such Owner, n. Prevailing Wage Statutes — Labor Code Section 1770, et seq. o. Responsible Contractor— a construction contractor which pays all of its construction employees the prevailing wage in the area where the work is being performed; provides health insurance and a pension /retirement program for all construction employees; employs skilled and qualified journeyman, 60% of which have graduated from a California State approved joint labor /management apprenticeship program, and apprentices which are registered in a California State approved joint labor /management apprenticeship Resolution No. 2016- 55E -55 program; employs only journeyman and apprentices which have an OSHA 10 certification and have such other proper and current licenses and /or certifications required under state and local laws; which has not been found to have violated any of the laws, rules and regulations enforced by the California State Contractors License Board or the Department of Industrial Relations within the last five (5) years; and, which has agreed to a good faith effort to hire 30% of its workforce from, first, in the City of Santa Ana, if the Contractor has not attained this percentage from Santa Ana residents, then second, residents from Orange County. p. Site Control — being the Owner of a site on which a Hotel is proposed. q. Temporary Closure — a period of time, no longer than reasonably necessary for repairs, reconstruction or resolution of maintenance issues, but in no event longer than two hundred (200) days. 2. Participation in the Hotel Development Inventive Program. An Owner that wishes to participate in the Hotel Development Inventive Program must first submit the following to the Executive Director: a. Evidence of Site Control; b. Description of development team, including, the development entity, the architect(s), interior designer, landscape architect, and other professional disciplines related to the construction and operation of the Hotel for the purposes of confirming that the project will be a Hotel when Opened for Business; C. Conceptual operating plan and design of the Hotel for the purpose of confirming that the project will be a four to five star rated or AAA Four Diamond or above Hotel when Opened for Business; d. Evidence of interest by a Brand, Flag, and Operator in operating a Hotel within the City; and, e. Feasibility analysis completed for the project by a financial firm and funded by the Owner, whereby a projection of operating performance is combined with project development cost in order to determine the funding gap. The Executive Director shall determine, acting in his /her sole and absolute discretion, the sufficiency of the submittals. 3. Operating Covenant Agreement. If, based on the information provided Resolution No. 2016- 55E -56 pursuant to Section 2 above, the Executive Director is satisfied that the Owner is likely to Open and operate a Hotel, then the Executive Director may further decide in his /her discretion to negotiate an Operating Covenant Agreement with the Owner. Any Operating Covenant Agreement that may be negotiated by the Executive Director shall be subject to consideration by, and shall not be effective unless approved by, the City Council. In considering a proposed Operating Covenant Agreement, the City Council may approve, deny or modify such proposed agreement acting in its sole and absolute discretion, following compliance with all required and applicable laws, including, but not limited to, Government Code Section 53083 and the California Environmental Quality Act. Nothing herein creates an obligation on the part of the City to negotiate and /or approve an Operating Covenant Agreement. The Operating Covenant Agreement will contain, among other items that the Executive Director may impose, the following: a. A recordable covenant by the Owner to operate and maintain the Hotel as a four to five star rated or AAA Four Diamond or above Hotel for not less than the Operating Period. b. An obligation on the part of the City to make Incentive Payments contingent upon compliance by the Owner with the Operating Covenant Agreement. An obligation on the part of the Owner to award construction and inspection contracts to be performed on the project only to Responsible Contractors which will comply with the Prevailing Wage Statutes. An obligation on the part of the Owner to use good faith efforts to contract with local subcontractors, suppliers and other businesses. e. An obligation on the part of the Owner to ensure that all journeymen and apprentices comply with all State labor laws and that the workforce on site meet a specific ratio of apprenticeship program graduates and of OSHA certified workers, along with the presence of at least one site safety manager with OSHA 30 -hour certification. f. Indemnities by the Owner in favor of the City and related parties as to: I. the condition of the site; ii, litigation concerning entitlements and /or enforceability of the Operating Covenant Agreement; and iii. Prevailing Wage Statutes. g. Agreement, assumption of risk and waiver by the Owner that, if the Resolution No. 2016- 55E -57 Operating Covenant Agreement is approved by the City prior to consideration by the City of any land use, entering into the Operating Covenant Agreement does not commit the City to consider or undertake acts or activities requiring subsequent independent exercise of discretion, including, but not limited to, the approval of any development proposal, including a Hotel project, or land use approval governing the site where the Hotel is proposed. The Owner shall agree that the City retains discretion on potential future actions to approve, deny, modify, and consider alternatives to a proposed project, as well as to impose adequate mitigation measures as may be required by the California Environmental Quality Act. h. A covenant and agreement by the Owner for itself, its successors, assigns or designees, that during the term of the Operating Covenant Agreement the business and any of its employees shall not discriminate against any person on the basis of sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, or domestic partnership status. L An acknowledgement by the parties that the only remedy for default is specific performance and that monetary damages are not available to the Owner for any City default. 4. Incentive Payments and Required Actions upon Completion of Hotel Further Terms to be Included in the Operating Covenant Agreement: a. Confirmation that the Hotel is Operating as a four to five star rated or AAA Four Diamond or above Hotel. Upon completion of a Hotel with respect to which an Operating Covenant Agreement has been entered into, the Owner shall provide to the City, at Owner's sole cost and expense, an independent third party audit, by an auditor approved by the City, confirming that the Hotel is operating or will operate as a four to five star rated or AAA Four Diamond or above Hotel. The City shall approve or reject the results of such audit acting in its reasonable discretion. b. Incentive Payments for Hotel. Upon the confirmation described in subsection a. of this section 4, the City shall pay Incentive Payments to an Owner of a Hotel, pursuant to an Operating Covenant Agreement, in an amount equal to fifty percent (50 %) of the HVT collected and remitted to the City during the Operating Period based on the HVT Rate with respect to such Hotel. C. Termination of Incentive Payments. Incentive Payments shall terminate, and the Operating Covenant Agreement shall so provide, upon the expiration of the applicable Operating Period, or at such Resolution No. 2016- 55E -58 time as the Hotel ceases to operate as a four to five star rated or AAA Four Diamond or above Hotel for reasons other than Temporary Closure; provided that the Incentive Payments shall terminate upon any closure unless the Owner notifies the City, in writing, of any Temporary Closure within ten (10) days of the initial occurrence of the onset of such condition or conditions that cause such a Temporary Closure, 5. Labor Peace Agreement. For each Hotel covered by this Hotel Development Incentive Program in which the City participates financially and has a proprietary interest, the City shall require that the Hotel Owner or Operator execute a Labor Peace Agreement with any labor union that represents or seeks to represent employees of the Hotel, both during construction and operation of the Hotel. The City shall be deemed to participate financially and have proprietary interest in the Hotel project where the City both owns the site on which the Hotel is proposed, and the City Council determines that the City: a. Through a lease of the real property that is owned by the City and used for the Hotel project, receives ongoing revenue, excluding government fees, tax revenue, or assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in paragraphs (b) and (c) of this subsection; b. Receives ongoing revenue from the Hotel to repay loans provided by the City to assist the Hotel, including, without limitation, incremental tax revenues generated by the Hotel; c. Receives ongoing revenue from the Hotel to pay debt service on bonds provided by the City to assist the Hotel, including, without limitation, incremental tax revenues generated by the Hotel; d. Has significant assets at risk because it has agreed to underwrite or guarantee the development of the Hotel or loans related to the Hotel; or e. Has a significant ongoing economic and non - regulatory interest at risk in the financial success of the Hotel that is likely to be adversely affected by labor- management conflict. When a Labor Peace Agreement is required, evidence shall be presented to the City that the Owner or Operator has entered into a Labor Peace Agreement with any labor union that represents or seeks to represent employees of the Hotel, both during construction and operation of the Hotel, meeting the requirements of this section, prior to entering into an Operating Covenant Agreement for a hotel project covered by this Section. Resolution No. 2016- 55E -59 6. No Pledge. Provisions for the making of Incentive Payments pursuant to the Operating Covenant Agreement shall not be deemed to constitute a pledge of any particular funds by the City, but instead an obligation contingent upon the operation of a Hotel. 7. Administrative Rules and Regulations. Consistent with the intent and goals of this Hotel Development Incentive Program, the Executive Director may adopt administrative rules and regulations for implementation and furtherance of the requirements of this program. Section 3. The City Council's decisions creating this Hotel Development Incentive Program are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated November 3, 2015, and exhibits attached thereto; the Request for Council Action dated April 19, 2016, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Section 4. The City Council hereby finds and determines that the establishment of the Hotel Development Incentive Program, by the adoption of this Resolution, is not subject to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section 21000 at seq.), pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Title 14, Chapter 3), because it will not result in a direct or reasonably foreseeable physical change in the environment and is not a "project" as defined in Section 15378 of the California Code of Regulations, Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2016- 55E -60 ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN NOT PRESENT: Councilmembers Councilmembers 2016. Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY 1, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on June 2016. Date: Clerk of the Council City of Santa Ana 55E -61 Resolution No, 2016- 55E -62 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: RESOLUTION TO APPROVE THE RELOCATION PLAN FOR THE FIRST STREET APARTMENTS PROJECT (STRATEGIC PLAN NO 5, 3C} CITY MANACy R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 0 As Recommended M As Amended ® Ordinance on tat Reading [I Ordinance on 2nd Reading 171 Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution approving the Relocation Plan for the First Street Apartments Project located at 1440 E. First Street. DISCUSSION On April 19, 2016, the City Council approved a proposal with AMCAL Multi- Housing, Inc. (Developer) for the award of inclusionary housing in -lieu fees for an affordable housing project called the First Street Apartments (Project) located at 1440 E. First Street (Exhibit 1) and approved a conditional loan commitment letter that will be contingent on the City's actual receipt of the in -lieu fee payments from Heritage Village OC, LLC. The Project will be an affordable housing project that will provide 69 affordable units, as well as a community room and amenity spaces. Based on California law, when state or local funds are provided to a project which would lead to the displacement of people from their homes and /or businesses, the legislative body must approve a relocation plan. The draft First Street Apartments Project Relocation Plan (Exhibit 2) has been prepared in conformance with applicable provisions of the California Relocation Assistance Law and Relocation Guidelines as well as United States Department of Housing and Urban Development (HUD) regulations. This plan is required due to the necessary demolition of the existing structures. All current Project occupants will need to be permanently relocated. The needs and characteristics of the displaced population, available relocation resources, and the Developer's program to provide assistance to each affected person are general subjects of the Relocation Plan. The Developer is utilizing Overland, Pacific & Cutler, Inc. as their relocation consultant for the Relocation Plan and services. The Relocation Plan was completed on December 18, 2015. Current occupants that will need permanent relocation are ten known commercial businesses and one household as a result of the Project. There is also a cell tower on the site. All 55F -1 Resolution Approving the Relocation Plan First Street Apartments Project June 7, 2016 Page 2 occupants have been interviewed and provided with informational notices of the Relocation Plan in accordance with State and Federal requirements. All project occupants received a copy of the draft Relocation Plan with an Advisory Notice on November 18, 2015 describing the public review and public comment period and providing an address to send written comments and a phone number to call for verbal comments or questions. There were no public comments received during the 30 -day public review and comment period between November 19, 2015 and December 18, 2015. Furthermore, all occupants will be provided relocation assistance including advisory services, moving costs, and re- establishment services provided by the Developer and their relocation consultant. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #5 - Community Health, Livability, Engagement & Sustainability), Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy C (Provide that Santa Ana residents, employees, artists and veterans received priority for affordable housing created under the City's Housing Opportunity Ordinance or with City funding to extent allowed under state law). FISCAL IMPACT There is no fiscal impact associated with this action. Robert Cortez Special Assistant to the City Manager City Manager's Office JB /NV /II Exhibits: 1. Location Map 2. Draft Relocation Plan 3. Resolution 55F -2 PROPOSED PROJECT LOCATION 1440 EAST 1 ST STREET 4TH STREET w w w F FM7 > � w ¢ � w N ¢ H PALM STREET z 1ST STREET F7w z J Y J W CHESTNUT AVENUE r EXHIBIT 1 55F -3 55F -4 First Street Apartments Project RELOCATION PLAN Prepared for: AMCAL Multi- Housing, Inc. 2082 Michelson Drive, Suite 306 Irvine, CA 92612 (949) 863 -9408 Prepared by: Overland, Pacific & Cutler, Inc. 1 Jenner, Suite 200 Irvine, CA 92618 949 - 951 -5263 December 18, 2015 F IT6 TABLE OF CONTENTS INTRODUCTION PROJECT DESCRIPTION A. REGIONAL LOCATION B. PROJECT SITE LOCATION C. GENERAL DEMOGRAPHIC & HOUSING CHARACTERISTICS II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD B. FIELD STUDY DATA— COMMERCIAL 5 1. Current Occupants 5 C. FIELD STUDY DATA— RESIDENTIAL 6 1. Current Occupants 6 2. Replacement Housing Needs 6 3. Income 7 4. Ethnicity /Language 7 5. Senior /Handicapped Households 7 6. Preferred Relocation Areas 7 III. RELOCATION RESOURCES 8 COMMERCIAL A. METHODOLOGY 8 B. REPLACEMENT COMMERCIAL SITES AVAILABILITY 8 RESIDENTIAL A. METHODOLOGY 9 B. REPLACEMENT HOUSING AVAILABILITY 9 1. Residential Rental Housing 9 2. Summary 9 C. RELATED ISSUES 10 IV. THE RELOCATION PROGRAM 11 A. ADVISORY ASSISTANCE 11 B. COMMERCIAL RELOCATION BENEFITS 13 1. Payment for Moving and Related Expenses 13 2. Self Moves 16 3. Fixed Payment In Lieu 16 4. Personal Property Move Only (Storage) 17 C. RESIDENTIAL RELOCATION BENEFITS 17 1. Residential Moving Expense Payments 17 2. Rental Assistance to Tenants Who Choose to Rent 18 3. Down payment Assistance to Tenants Who Choose to Purchase 20 D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS20 E. LAST RESORT HOUSING 21 F. IMMIGRATION STATUS 22 G. RELOCATION TAX CONSEQUENCES 22 H. PROGRAM ASSURANCES AND STANDARDS 23 V. ADMINISTRATIVE PROVISIONS 24 A. NOTICES 24 B. PRIVACY RECORDS 25 C. GRIEVANCE PROCEDURES 25 D. EVICTION POLICY 25 E. CITIZEN PARTICIPATION 25 F PROJECTED DATE OF DISPLACEMENT 26 G. ESTIMATED RELOCATION COSTS 26 55F -6 LIST OF TABLES TABLE 1: 2010 Census Population — City of Santa Ana & Impacted Tract 3 TABLE 2: 2010 Census Housing Units — City of Santa Ana & Impacted Tract 4 TABLE 3: Available Commercial Replacement Sites - Buildings 8 TABLE 4: Availability and Cost of Replacement Rental Housing 9 TABLE 5: Schedule of Fixed Moving Payments 18 TABLE 6: Computation of Rental Assistance Payments 20 LIST OF EXHIBITS EXHIBIT A: HUD Income Limits EXHIBIT B: Informational Statements EXHIBIT C: General Information Notices EXHIBIT D: Public Comments & Responses 55F -7 First Street Apartments Project Relocation Plan INTRODUCTION AMCAL Multi- Housing, Inc. (the "Developer ") has authorized the preparation of a Relocation Plan to be undertaken in connection with the commencement of the proposed new affordable housing project called the First Street Apartments Project ( "Project "). The Developer has acquired the property located at 1440 E. First Street in Santa Ana, CA as the proposed Project site. Existing structures, including multiple commercial uses, will be demolished to allow for the new construction. The Project entails the new construction of 69 affordable multi - family rental units within six residential buildings. Each building will be three stories with tuck -under parking. The units within the Project will consist of 35 two - bedroom units, 28 three - bedroom units and six four - bedroom units, all but one unit to be rented to families with household incomes at 30% and 60% of the area median income (AMI). One two - bedroom unit will be a manager's unit. Funding for the Project will come from multiple financing sources, including eight Project Based Vouchers from the Housing Authority of the City of Santa Ana and a conditional pre - commitment of Inclusionary Housing Funds from the City of Santa Ana. AMCAL will leverage these local funds to secure an allocation of 9% tax credits from the California Tax Credit Allocation Committee. The remaining financial gap will be filled with a construction loan and then a permanent loan provided by a to- be- detennined lender. Due to the necessary demolition of existing structures, all current Project occupants will need to be permanently relocated. The needs and characteristics of the displaced population, available relocation resources and the Developer's program to provide assistance to each affected person are general subjects of this Relocation Plan (Plan). This Plan conforms to the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, HUD Handbook 1378, California Government Code 7260, and Title 25 of the California Code of Regulations. (Section 104(d) does not apply, because no residential units will be affected.) This Plan is organized in five sections: Project description (SECTION 1); 2. Assessment of the relocation needs of persons subject to displacement (SECTION II); 3. Assessment of available replacement residential units and commercial sites within the City of Santa Ana (SECTION I1I); 4. Description of the Developer's relocation program (SECTION IV); 5. Description of the Developer's outreach efforts, Project timeline and budget (SECTION V). y �� First Street Apartments Project Relocation Plan I. PROJECT DESCRIPTION A. REGIONAL LOCATION The Project is located in the City of Santa Ana within Orange County. Santa Ana is located approximately 33 miles southeast of downtown Los Angeles and is immediately accessible from Interstate 5 and Highway 55. Adjacent communities include Orange, Tustin, Costa Mesa, Fountain Valley and Garden Grove. Figure 1 below is an area map showing the regional location of the Project. .� Q L San Ben vmtcnwoan, Coamna Fontana g$. Is ^-_*- m ,West`Covina"" �� Ontario 6ioamingtan Lo .Angeles Pomona HJ'�'GIIYof IndLs! Chino f" ewood nowne y? "' Riverside Y m) z Claw sslate Fark� - Yorba Linda 'a &¢.m�'"� r' 91,4 Fullerton F+ # COfOncl Woudciest' fle: CerrltOSs% Into orrance '� Anaheim# c� �"'Y. o-nead xai) take Market F'rell? Of e . :Mounln�`.roerve Figure 1: Regional Project Location 2 55F -9 First Street Apartments Project Relocation Plan B. PROJECT SITE LOCATION AND DESCRIPTION The Project site is located at 1440 E. First Street, Santa Ana, CA generally bordered by E. Chestnut Avenue to the south, S. McClay Street to the west, E. First to the north, and S. Lyon Street to the east. (See Figure 2: Project Site Location) Figure 2: Project Site Location The Project area totals approximately 2.15 acres. The site is currently zoned C2, General Commercial and is improved with a commercial office building that will be demolished to facilitate the new construction. C. GENERAL DEMOGRAPHIC AND HOUSING CHARACTERISTICS According to the 2010 U.S. Census, the population of the City of Santa Ana is 324,528, and the population of the impacted Census Tract 744.06 is 3,797 (see Table 1.) Corresponding Census data concerning the housing mix is shown in Table 2. Table 1: 2010 Census Population — City of Santa Ana &Impacted Tract Population Tract 744.06 % City % Total Population 37,97 100.0% 324,528 100.0% White 1,193 50.4% 148,838 45.9% Black or African American 76 2.0% 4,856 1.5% American Indian or Alaska Native 38 1.0% 3,260 1.0% Asian 72 1.9% 34,138 10.5% Native Hawaiian or Other Pacific Islander 8 0.2% 976 0.3% Some Other Race 1,526 40.2% 120,789 37.2% Two or More Races 164 4.3% 11,671 3.6% Hispanic or Latino (of Any Race) 1 3,335 87.8% 253,928 78.2°/% Source: U.S. Census Bureau, DP -1. Race, Hispanic or Latino, ana Age: zU 1U 3 55F -10 First Street Apartments Project Relocation Plan Table 2: 2010 Census Housing Units — City of Santa Ana & ImpactedTract Type Tract 744.06 % City % Total Units 999 100.0% 76,896 100.0% Total Occupied Units 919 92.0 34,756 47.50% Owner - Occupied 245 26.7% 38,418 52.5% Renter - Occupied 674 73.3% 3,722 4.8% Vacant Housing Units 80 8.0% 693 18.6% Available for Sale Only (of Total Vacant Units) 2 0.2% 1,983 53.3% Available for Rent — Full Time Occupancy (of Total Vacant Units) 29 2.9% 183 4.9% Sold or Rented —Not Occupied 1 0.1% 132 3.5% Otherwise Not Available (e.g. seasonal, recreational, migratory, occasional use) 3 0.3% 731 19.6% Other Vacant 45 4.5% 76,896 100.0% Source: U.S. Census Bureau, QT -Hl. General Housing Characteristics: 2010 55F -11 First Street Apartments Project Relocation Plan II. ASSESSMENT OF RELOCATION NEEDS A. SURVEY METHOD To obtain information necessary for the preparation of this Plan, personal interviews with the business owners to be permanently displaced were conducted in March, April and July 2015 by OPC staff. Based on information provided by the property owner, property manager, and the business owners and collected via on -site inspections and interviews, there are ten business tenants on the Project site and a cell tower. The interviewer was successful in obtaining survey responses from all 11 Project site occupants identified to OPC staff. In addition, the property manager of the site (with full knowledge of the property owner) lives with two or three others in one of the office units and uses the common exterior hallway restrooms. The data in this section of the Plan are based solely on the unsubstantiated responses of those individuals who participated in the survey. Inquiries made of the commercial occupants pertained to the type and description of the business, number of employees, annual revenues, specialty equipment, permits and licenses, hours of operation, special needs related to the relocation of the business, and preferred area to relocate. Inquiries made of the residential occupants concerned household size and composition, income, rent and utilities payments, length of occupancy, ethnicity, home language, physical disabilities, legal presence status, and replacement housingpreferences. B. FIELD SURVEY DATA - COMMERCIAL 1. Current Occupants There are ten commercial occupants on the Project site with operating businesses consisting of six non - profit religious organizations, two medical /health care providers, an employment agency and a music production/classes business. The business owners rent spaces ranging from 800 SF - 11,000 SF. Current rental rates range from $0.29 /SF - $1.29 /SF on the Project site. All of the businesses are currently on month to month leases. There is also a cell tower on the site. Statistics provided by the business owners indicate the total number of full -time and part- time employees (not including the owners) impacted by the Project is approximately 31, and there are approximately 17 volunteers that assist several of the businesses on the Project site as well. There were no special replacement site requirements for the businesses stated by the owners other than their desire to remain in the Santa Ana area on a site with adequate meeting /office space, restrooms and adequate parking. The businesses should easily be able to relocate into alternate commercial spaces. 55F -12 First Street Apartments Project Relocation Plan There was no special or unique equipment identified within the businesses other than recording and audio visual type equipment. All businesses primarily maintain normal office and meeting room style furniture as well as exam tables for the health careproviders. The cell tower is unique in its relocation requirements, and recognizing the challenges faced with identifying a suitable replacement site that would allow such a usage, the developer initiated early discussions with Sprint, the owner of the cell tower, to work together to locate a potential replacement site as discussed in the Relocation Resources section. Relocation concerns of the business owners include remaining in close proximity to existing patients, not relocating to a high crime area, keeping the same rental rate, and costs and effort associated with updating a vendor database with the business's address change. C. FIELD SURVEY DATA - RESIDENTIAL 1. Current Occupants There is one residential household to be offered permanent relocation assistance. At the time of the interview and during subsequent conversations with the property manager, there was a discrepancy as to how many people actually occupy the unit as their primary "residence." Information provided at different times indicated two adults and one child (17 years or younger) or three adults and one child for a total of three or four occupants. The household occupies a commercial unit without a bathroom or kitchen. (Because the household should not be occupying a commercial space without a bathroom or kitchen, the Developer may grant early eligibility to the residential occupants.) 2. Replacement Housing Needs One of the primary purposes of a Relocation Plan is to demonstrate the availability of comparable, affordable, decent, safe and sanitary housing prior to the displacement of residential occupants. Replacement housing needs, as expressed in this plan, are defined by the total number of required replacement units and distribution of those units by bedroomsize. The projected number of required units by bedroom size is calculated by comparing survey data for household size with the Developer's replacement housing occupancy standards. These standards, generally, allow for up to three persons in a one - bedroom unit, five persons in a two - bedroom unit, seven persons in a three - bedroom unit and nine or more persons in a four - bedroom unit. In addition, replacement housing needs must also be based on the legally present members of the household. At the time of actual displacement, each household member will have to provide written documentation proving their occupancy of the unit as their primary residence, and they will have to self - certify in writing as to their legal presence status. The occupants have verbally provided information regarding legal presence status, however, at this time it is unclear whether there are three or four occupants. 6 55F -13 First Street Apartments Project Relocation Plan The Developer will provide relocation assistance to non - lawfully present persons with non- federal funds. Therefore, based on the occupancy standard stated above, the replacement units required for the Project occupants to be offered permanent relocation assistance are either a one - bedroom rental unit or a two - bedroom rental unit. 3. Income Verbal information regarding gross household income was provided by the household who may be permanently displaced. According to income standards for the County of Orange (Exhibit A) adjusted for family size as published by the United States Department of Housing and Urban Development (HUD), the household qualifies as Extremely Low Income (30% or less of AMI). 4. Ethnicity/Language The household reported their ethnicity as Hispanic and English as the preferred language. All verbal communication and required written notices will be provided in the language understood by the members of the household. 5. Senior /Handicapped Households There are no senior members (62 years or older), and no disabilities werereported. 6. Preferred Relocation Areas The household expressed a preference to remain in the Santa Ana area. 7 55F -14 First Street Apartments Project Relocation Plan III. RELOCATION RESOURCES A. METHODOLOGY For potential, replacement, commercial sites, a resource survey was initially conducted to identify available units and lot space for rent within a five -mile radius from the Project site and then expanding throughout Santa Ana. The following sources wereutilized: Contacts with real estate /property management companies serving the community Internet sources for rental opportunities, including the Multiple Listing Service Classified rental listings from local newspapers and For Rent publications B. REPLACEMENT COMMERCIAL SITES AVAILABILITY All of the business owners indicated a desire to stay in Santa Ana, although one owner was open to Fullerton or Anaheim. The businesses that are to be displaced should be able to relocate in the Santa Ana area or surrounding communities. When searching for replacement locations, zoning and other regulatory issues must be considered carefully. The current availability of commercial/retail/office space for lease in Santa Ana is adequate. Table 3 below provides a sample of the 33 available commercial /retail /office properties available in Santa Ana as of the date of this Plan. Table 3: Available Commercial Replacement Sites Property Type Usage Square Feet Rent Commercial Commercial/Retail /Office (18) 600-2,000 $0.80 - $2.25 /SF /mo. Commercial Commercial /Retail /Office (13) 2,800 —4,173 $0.83 - $3.00 /SF /mo. Commercial Commercial /Retail /Office (2) 11,000 — 11,059 $0.90 - $2.20 /SF /mo. At the time of displacement, ongoing referrals to the businesses will be provided through contacts with local newspapers, property management companies, the multiple listing service and commercial real estate brokers. A suitable replacement property for the cell tower two parcels away from the Project site has been identified by Sprint and the Developer. Preliminary conversations with the current long- term lessee of the site have been initiated with favorable results, and the City has been contacted and confirmed the site would be approved for cell tower usage. 55F -15 First Street 4partmentsProject Relocation Plan RESIDENTIAL A. METHODOLOGY For residential housing, a resource survey was conducted to identify available rental units initially beginning within a three -mile radius from the Project site. The following sources were utilized: Classified rental listings from local newspapers and For Rentpublications Contacts with real estate /property management companies serving the community Internet sources of rental opportunities B. REPLACEMENT HOUSING AVAILABILITY 1. Residential Rental Housing The rental replacement housing survey considered one and two - bedroom apartments in Santa Ana due to the undocumented and unconfirmed status of the number of residential occupants in the unit at this time. This data is summarized in Table 4 below. The individual figures for number of units found by bedroom size are presented in the table alongside the number of units needed (shown in parentheses) to meet the re- housing obligations. Table 4: Availability and Cost of Replacement Rental Housing # of Bedrooms One Two #Found ( #Needed) 11 (1) 24(1) Rent Range $884- $1,100 $1,125- $1,500 Median Rent $1,045 $1,450 The median rent amounts shown in the table is among the figures used to make benefit and budget projections for the Plan. This amount is, naturally, subject to change according to the market rates prevailing at the time of actual displacement. The median rent for a two - bedroom unit was used in the rental assistance calculation as the most conservative approach. 2. Summary Considering the above described availability of replacement housing resources gathered, it appears that there are more than adequate replacement units for the residential occupants. But, while adequate replacement resources exist, based on survey results of rental opportunities and the tenant's current rent, the tenant occupants will likely have an increase in monthly rent. Possible increases, if any, will be met through the Developer's obligation under the relocation regulations, including Last Resort Housing (LHR) requirements. (See Section IV,E). 55F -16 First Street Apartments Project Relocation Plan C. RELATED ISSUES 1. Concurrent Residential Displacement There are no public projects causing significant residential displacements currently underway in Santa Ana which would compete with the Project for needed housing resources. No residential displaeee will be required to move without both adequate notice and access to available affordable decent, safe and sanitary housing. 10 55F -17 First Street Apartments Project Relocation Plan IV THE RELOCATION PROGRAM The Developer's Relocation Program is designed to minimize hardship, be responsive to unique project circumstances, emphasize maintaining personal contact with all affected individuals, consistently apply all regulatory criteria to formulate eligibility and benefit determinations and conform to all applicable requirements. The Developer will retain Overland, Pacific & Cutler, Inc. ( "OPC ") to administer the Relocation Program. OPC has worked on more than 4,000 public acquisition and relocation projects over more than 34 years. Additionally, OPC has an extensive resume of housing, redevelopment and public works projects undertaken in the City of Santa Ana and other Southern California communities. Experienced Developer staff will monitor the performance of OPC and be responsible to approve or disapprove OPC recommendations concerning eligibility and benefit determinations and interpretations of the Developer's policy. OPC staff will be available to assist any relocated person with questions about the relocation process, relocation counseling and /or assistance in relocating. Victor Estevez can be contacted at (800) 400 -7356 from 8:00 am to 5:00 pm Monday through Friday, and is available via voicemail and/or cellular phone after hours. The Relocation Office is located at 3750 Schaufele Avenue, Suite 150, Long Beach, CA 90808. The Relocation Program consists of two principal constituents: Advisory Assistance and Financial Assistance. A. ADVISORY ASSISTANCE Individuals who will need to relocate existing businesses and personal property will receive advisory assistance. Advisory assistance services are intendedto: • inform displacees about the relocation program • help in the process of finding appropriate replacement accommodations • facilitate claims processing • maintain a communication link with the Developer • coordinate the involvement of outside service providers To follow through on the advisory assistance component of the relocation program and assure that the Developer meets its obligations under the law, OPC staff will perform the following functions: 1. Distribute appropriate written information concerning the Developer's relocation program; 11 55F -18 First Street Apartments Project Relocation Plan 2. Inform eligible project occupants of the nature of, and procedures for, obtaining available relocation assistance and benefits (See ExhibitB); 3. Determine the needs of each displacee eligible for assistance; 4. Provide referrals to available commercial sites for business tenants; 5. Provide residential displacees with at least three referrals to comparable replacement housing within a reasonable time prior to displacement. Generally, a comparable replacement dwelling must satisfy the following criteria: (a) The unit is decent, safe and sanitary - electrical, plumbing and heating systems in good repair - no major, observable hazards or defects. The unit is adequate in size and is comparable to the acquired dwelling with respect to number of rooms, habitable living space and type and quality of construction, but not lesser in rooms or living space as necessary to accommodate the displaced person. The unit is functionally equivalent, including principle features. (b) The unit is located in an area not subjected to unreasonable adverse environmental conditions from either natural, or man -made sources, and not generally less desirable with respect to public utilities, transportation, public and commercial facilities, including schools and municipal services and reasonably accessible to the displaced person's place ofemployment. (c) The unit is available both on the private market and to all persons regardless of race, color, sex, marital status, religion or, nationalorigin. (d) The monthly rental rate is within the financial means of the displaced residential tenant. 6. Maintain an updated database of available replacement resources, and distribute referral information to displacees for the duration of the Project; 7. Supply information concerning federal and state programs and other governmental programs providing assistance to displacedpersons; S. Make benefit determinations and payments in accordance with applicable law and the Developer's adopted relocation guidelines; 9. Assist eligible occupants in the preparation, and submission, of relocation assistance claims; 10. Assure that no occupant is required to move without a minimum of 90 days written notice to vacate; 12 55F -19 First Street Apartments Project Relocation Plan 11. Inform all persons subject to displacement of the Developer's policies with regard to eviction and property management; 12. Provide additional reasonable services necessary to successfully relocate occupants; 13. Establish and maintain a formal grievance procedure for use by displaced persons seeking administrative review of the Developer's decisions with respect to relocation assistance; and 14. Provide assistance that does not result in different or separate treatment based on or due to an individual's sex, marital status, race, color, religion, ancestry, national origin, physical handicap, sexual orientation, and domestic partnership status. B. COMMERCIAL RELOCATION BENEFITS As a function of a comprehensive relocation assistance program, relocation staff will provide the displaced business owners with required technical and advisory assistance and distribute all required notices and the informational statement (Exhibit B). Close contact will be maintained with the business owners. The Developer will provide relocation benefits in accordance with the Federal Relocation Regulations and HUD Handbook 1378. The Developer will pay benefits to the claimants upon submission of required claim forms and documentation in accordance with the Developer's approved procedures. Eligible businesses will have two options with respect to claims for relocation assistance benefits: 1) compensation for actual reasonable and necessary moving and related expenses; or 2) a fixed payment in lieu not to exceed $40,000. Off -site property owners whose sole business is considered to be the rental of real property to others are not eligible to receive a fixed payment but may file a claim for actual moving costs and compensation for reestablishment expenses described later in this section, unless the property is acquired through voluntary acquisition. 1. Payment for Actual Reasonable and Necessary Moving and Related Expenses Any business, which qualifies as a displaced person, is entitled to payment for such actual moving expenses, as the Developer determines to be reasonable and necessary, including expenses for: 13 55F -20 First Street Apartments Project Relocation Plan a. Transportation of persons and property from the present location to the replacement location (transportation costs for a distance beyond 50 miles are not eligible, unless the Developer determines that relocation beyond 50 miles is justified); b. Packing, crating, uncrating, and unpacking personal property; C. Disconnecting, dismantling, removing, reassembling, and installing relocated and substitute machinery, equipment and other personal property. Includes connection to utilities available nearby and modifications necessary to adapt such property to the replacement structure or to the utilities or to adapt the utilities to the personal property; d. Storage of personal property for a period not to exceed 12 months, unless the Developer determines that a longer period is necessary; e. Insurance of personal property while in storage or transit and the replacement value of property lost, stolen, or damaged (not through the fault or negligence of the displaced person) in the process of moving, where insurance is not readily available; Any license, permit, or certification required by the displaced business, to the extent that the cost is necessary for reestablishment at the replacement location. (These costs may be pro -rated based on the remaining useful life of any existing license, permit or certification); g. Reasonable and pre - authorized professional services, including architects', attorneys', engineers' fees, and consultants' charges, necessary for: (1) planning the move of the personal property; (2) moving the personal property; or, (3) installing the relocated personal property at the replacement location; h. Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the business operation including, but not limited to, soil testing, feasibility and marketing surveys; The purchase and installation of substitute personal property limited to the lesser of: (1) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the Developer, subject to certain limitations, or, (2) the replacement cost, less any proceeds from its sale or trade in; Connection to available nearby utilities from the right-of-way to improvements at the replacement site; 14 55F -21 First Street Apartments Project Relocation Plan k. The modification of machinery, equipment or other personal property necessary to adapt these to the replacement location or to utilities available at the replacement location; 1. Relettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move; m. Actual direct losses of tangible personal property resulting from moving or discontinuing a business or non - profit organization, not -to- exceed the lesser of: (1) the fair market value of the property for continued use at its location prior to displacement less any proceeds from sale of the property; or, (2) an amount equal to the reasonable expenses that would have been required to relocate the property, as determined by the Developer, subject to certain limitations; n. Actual and reasonable expenses incurred in searching for a replacement business or non - profit organization location, not -to- exceed $2,500, and including compensation for transportation expenses; time spent searching for a reasonable location, meals, and lodging; real estate broker or agent fees; time spent in obtaining permits and attending zoning hearings; and time spent negotiating the purchase of a replacement site; o. Impact fees or one -time assessments for anticipated heavy utilityusage; P. Low Value/High Bulk: when the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the Developer, the allowable moving cost payment shall not exceed the lesser of (1) the amount which would be received if the property were sold at the site or (2) the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the Developer; q. A Reestablishment allowance of up to $25,000, available to farms, nonprofit organizations and small businesses with no more than 500 employees. Reestablishment allowance payments are made in addition to compensation provided for actual, reasonable and necessary moving expenses. Reestablishment allowance expense categories include but are not limited to: 1) Repairs or improvements to the replacement property as required by Federal, State or local law, code or ordinance; 2) Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting business; 15 55F -22 First Street Apartments Project Relocation Plan 3) Construction and installation costs for exterior signing to advertise the business; 4) Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint paneling or carpeting; 5) Advertisement of replacement location; 6) Estimated increased costs of operation during the first two years at the replacement site for such items as: a. Lease or rental charges b. Personal or real property taxes c. Insurance premiums, and d. Utility charges, excluding impact fees 7) Other items essential to the reestablishment of thebusiness. 2. Self -Moves If the displaced business elects to take full responsibility for the move of the business, the Developer will make a payment for the business's moving expenses in an amount not to exceed the lower of two acceptable bids or estimates submitted to the Developer. At the Developer's discretion, a payment for a low cost or uncomplicated move may be based on a single bid or estimate. 3. A Fixed Payment in Lieu of a Payment for Actual Reasonable Moving and Related Expenses The option to claim a fixed payment enables both for -profit and non - profit businesses to receive relocation assistance compensation without providing documentation of bids and actual expenses. The payment amount available to any individual business is based on an average of annual net earnings over a two year period. For businesses which have not been in operation for two years, income figures can be annualized. The method for establishing income is through tax returns and/or certified financial statements. The payment to an eligible business may not be less than $1,000, or more than$40,000. To qualify for this payment, it must be determined that, a displaced business: owns or rents personal property, which must be moved in connection with such displacement and for which an expense would be incurred in suchmove; is not operated at the displacement site solely for the purpose of renting the dwelling or site to others; 16 55F -23 First Street Apartments Project Relocation Plan • cannot be a part of a commercial enterprise having at least three other establislunents which are not being acquired by the Developer, and which is under the same ownership and engaged in the same or similar business activities; • must not be able to relocate without substantial loss of patronage; and • contributed materially, as defined by the Developer, to the income of the displaced person during the two taxable years prior to displacement. 4. Personal Property Move Only (Storage) Eligible displaced persons include those that must relocate personal property from the Project site. The owner of the personal property is entitled to reimbursement for expenses related to the relocation of the personal property as described in D (1) (a- e) above. C. RESIDENTIAL RELOCATION BENEFITS Specific eligibility requirements and benefit plans will be detailed on an individual basis with all displacees. In the course of a personal interview and follow -up visits, each displacee will be counseled as to available options and the consequences of any choice with respect to financial assistance. Relocation benefits will be provided in accordance with the provisions of the federal guidelines, and Developer rules, regulations and procedures pertaining thereto. Benefits will be paid to eligible displaced persons upon submission of required claim forms and documentation in accordance with the Developer's normal administrative procedures. Specifically, funds from a private debt from a to- be- determined lender will be used by to pay relocation related payments. The Developer will process advance payment requests to mitigate hardships for tenants who do not have access to sufficient funds to pay move -in costs such as first month's rent and/or security deposits. Approved requests will be processed expeditiously to help avoid the loss of desirable, appropriate replacement housing. 1. Residential Moving Expense Payments All residential occupants to be permanently relocated will be eligible to receive a payment for moving expenses. Moving expense payments will be made based upon the actual cost of a professional move or a fixed payment based on a room -count schedule. a. Actual Cost (Professional Move) Displacees may elect to have a licensed professional mover perform the move. The actual cost of the moving services, based on at least two acceptable bids, will be compensated by the Developer in the form of a direct payment to the moving company upon presentation of an invoice. Transportation costs are limited to a distance of 50 miles in 17 55F -24 First Street Apartments Project Relocation Plan either case. In addition to the actual move, costs associated with utility re- connections (i.e., gas, water, electricity, telephone, and cable, if any), are eligible for reimbursement. b. Fixed Payment (based on Room Count Schedule) An occupant may elect to receive a fixed payment for moving expenses which is based on the number of rooms occupied in the displacement dwelling. In this case, the person to be relocated takes fall responsibility for the move. The fixed payment includes all utility connections as described in (a), above. The current schedule for fixed moving payments is set forth in Table 5 following: TABLE 5: Schedule of Fixed Moving Payments* Unfurnished Dwelling One room $725 Two rooms $930 Three rooms $1,165 Four rooms $1,375 Five rooms $1,665 Six rooms $1,925 Seven rooms $2,215 Eight rooms $2,505 each additional room $265 Furnished Dwelling First Room $475 Each additional room $90 *Based on the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended— Fixed Residential Moving Cost Schedule (2015) 2. Rental Assistance to Tenants Who Choose to Rent To be eligible to receive the rental assistance benefits, the displaced tenant household has to rent or purchase and occupy a decent, safe, and sanitary replacement dwelling within one year from the date they move from the displacement dwelling. Based upon the available data regarding Project displacees, the displaced household may qualify for, and may be eligible to apply for, relocation benefits under URA provisions. Except in the case of Last Resort Housing situations, the potential payment to the is 55F -25 First Street Apartments Project Relocation Plan household will be payable over a 42 -month period and limited to a maximum of $7,200 as stated under URA guidelines. The relocation program is explained in detail in the informational brochure to be provided to each permanently displaced household (see Exhibit B). Rental Assistance payment amounts are equal to 42 times the difference between the base monthly rent and the lesser of: (i)The monthly rent and estimated average monthly cost of utilities for a comparable replacement dwelling; or (ii) The monthly rent and estimated average monthly cost of utilities for the decent, safe, and sanitary replacement dwelling actually occupied by the displaced person. The base monthly rent for the displacement dwelling is the lesser of: (i)The average monthly cost for rent and utilities at the displacement dwelling for a reasonable period prior to displacement Average monthly cost of utilities will be determined by actual statements /receipts over a 12 month period or a statement of average usage from the utility company, if provided. The most recent local utility schedule will be used to determine estimated utilities' costs, if actual costs are not provided. For owner- occupants or households, which paid little or no rent, fair market rent will be used as a substitute for actual rent; or (ii) Thirty percent (30 %) of the displaced person's average, monthly gross household income, if the amount is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for the Public Housing and Section 8 Programs. (HUD's Survey is shown as Exhibit C.) If a displacee refuses to provide appropriate evidence of income or is a dependent, the base monthly rent shall be determined to be the average monthly cost for rent/utilities at the displacement dwelling; or (iii) The total of the amount designated for shelter and utilities if receiving a welfare assistance payment from a program that designated the amounts for shelter and utilities. Table 6 portrays the benefits determination under the URA: 19 55F -26 First Street Apartments Project Relocation Plan TABLE 6: Example Computation of URA Rental Assistance Payments 1. Old Rent $650 Old Rent and Utilities or 2. Ability to Pay $700 30% of the Gross Household Income (if Lowlncome) 3. Lesser of lines 1 or 2 $650 Base Monthly Rental Subtracted From: 4. Actual New Rent $750 Actual New Rent and Estimated Utilities or 5. Comparable Rent $775 Determined by Developer (includes estimated utilities) 6. Lesser of lines 4 or 5 $750 7. Yields Monthly Need $100 Subtract line 3 from line 6 8. Rental Assistance $4,200 Multiply line 7 by 42 months 3. Downpayment Assistance to Tenants Who Choose to Purchase The displaced household may opt to apply the entire benefit amount for which they are eligible toward the purchase of a replacement unit (Guidelines 49 CFR 24.402(b) and HUD 1378). A displaced household, who chooses to utilize up to the full amount of their rental assistance eligibility (including any Last Resort benefits) to purchase a home, will have the funds deposited in an open escrow account, provided that the entire amount is used for the downpayment and eligible, incidental costs associated with the purchase of a decent, safe, and sanitary replacement home. A provision shall be made in the escrow arrangements for the prompt return of the Developer funds, in the event escrow should fail to close within a reasonable period of time. Final determination about the type of relocation benefits and assistance for which the household is eligible will be determined upon verification of the household's occupants and income. D. GENERAL INFORMATION REGARDING THE PAYMENT OF RELOCATION BENEFITS Claims and supporting documentation for relocation benefits must be filed with the Developer and City staff no later than 18 months after the date of displacement. Relocation benefits will be 20 55F -27 First Street Apartments Project Relocation Plan paid from private debt from a to- be- determined lender. The procedure for the preparation and filing of claims, and the processing and delivery of payments, will be as follows: Claimant(s) will provide all necessary documentation to substantiate eligibility for assistance; 2. Relocation staff will review all necessary documentation including, but not limited to, income verification, lease documents, move estimates, and escrow material before reaching a determination as to which expenses are eligible for compensation; 3. Required claims forms will be prepared by relocation staff and presented to the claimant for review. Signed claims and supporting documentation will be returned to relocation staff and submitted to the Developer and City staff; 4. City staff will review and approve claims for payment, or request additional information; 5. The Developer will issue benefit checks to claimants in the most secure, expeditious manner possible; 6. Final payments to residential displacees will be issued after confirmation that the Project premises have been completely vacated and actual residency at the replacement unit is verified; 7. Receipts of payment and all claims materials will be maintained in the relocation case file. E. LAST RESORT HOUSING Based on data derived from the surveys and analyses of the occupants in the Project area and costs of replacement housing resources, it is anticipated that "comparable replacement housing" will not be available as required for the residential tenants. Specifically, for renters, when the computed replacement housing assistance eligibility exceeds $7,200 or replacement dwelling monthly rental costs (including utilities and other reasonable recurring expenses) exceeds 30% of the person's average monthly income. Therefore, if the Project proceeds, the Developer will authorize sufficient funds to provide housing of last resort. Due to the demonstrated number of available replacement housing resources for all households, as shown above in Section III, B - 1, the need to develop a replacement housing plan to produce sufficient number of comparable replacement dwellings will not be necessary. Rather, funds will be used to make payments in excess of the monetary limits specified in the statute ($7,200); hence, satisfying the requirement that `comparable replacement housing" is available. 21 55F -28 First Street Apartments Project Relocation Plan The Developer may pay Last Resort Housing payments in installments. Recipients of Last Resort rental assistance, who intend to purchase rather than re -rent replacement housing, will have the right to request a lump sum payment of all benefits in the form of downpayment assistance. Tenant households receiving periodic payments will have the option to request a lump sum payment of remaining benefits to assist with the purchase of a decent, safe and sanitarydwelling. F. IMMIGRATION STATUS Federal legislation (PL105 -117) prohibits the payment of relocation assistance benefits under the Uniform Act to any alien not lawfully present in the United States unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Developer to negatively affect the alien's spouse, parent or child. However, the Developer will authorize the payment of relocation assistance benefits to any otherwise eligible residential displacees from non - federally authorized reimbursable funds. In order to be eligible to receive non - residential relocation benefits in federally - funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for - profit or a non - profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Relocation benefits would be prorated to reflect the number of owners with certified lawful presence in the United States, however, the Developer will authorize the payment of relocation assistance benefits to any otherwise eligible business displacee from non - federal funds. In order to track and account for relocation assistance and benefit payments, Developer staff will be required to seek immigration status information from each member of the household and from each sole proprietor and /or partner having them self-certify as to their legal status. G. RELOCATION TAX CONSEQUENCES In general, relocation payments are not considered income for the purpose of Division 2 of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986 (Title 26, U.S. Code), or for the purpose of determining the eligibility or extent of eligibility of any person for assistance under the Social Security Act (42 U.S. Code 301 et seq.) or the Personal Income Tax Law, Part 10 (commencing with Section17001) of the Revenue and 22 55F -29 First Street Apartments Project Relocation Plan Taxation Code, or the Bank and Corporation Tax Law, Part 1I (commencing with Section 23001) of Division 2 of Revenue and Taxation Code. The above statement on tax consequences is not intended as tax advice by the Developer or OPC. Displacees are responsible for consulting with their own tax advisors concerning the tax consequences of relocationpayments. H. PROGRAM ASSURANCES AND STANDARDS There are adequate funds to relocate the businesses, the cell tower, and the residential household. Services will be provided to ensure that displacement does not result in different or separate treatment of displacees based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the Federal Fair housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. 23 55F -30 First Street Apartments Project Relocation Plan V. ADMINISTRATIVE PROVISIONS A. NOTICES Each notice, which the Developer is required to provide to a Project occupant, shall be personally delivered or sent by certified or registered first -class mail, return receipt requested and documented in the case file. Each notice will be written in plain, understandable language. Persons who are unable to read and understand any notice will be provided with appropriate translation and counseling. Each notice will indicate the name and telephone number of a person who may be contacted for answers to questions or other needed help. There are three principal notices: 1) the General Information Notice, 2) the Notice of Relocation Eligibility, and 3) the Ninety -Day Vacate Notice. The General Information Notice (GIN) is intended to provide potential relocatees with a general written description of the Developer's relocation program and basic information concerning benefits, conditions of eligibility, noticing requirements and appeal rights. (See Exhibit C) GINs were mailed via regular and certified mail to the affected business occupants in late January 2015 and hand - delivered to occupants in March 2015. The GIN for the residential tenants was delivered in August 2015 after they were identified. A Notice of Relocation Eligibility (NOE) will be distributed to each relocates. The NOE to the commercial occupants includes a description of the benefits categories for which the business owners are eligible. The NOE to the residential relocatee contains a determination of eligibility for relocation assistance and a computation of a maximum entitlement based on information provided by the affected household and the analysis of comparable replacement properties undertaken by relocation staff. The NOE will be issued to any eligible permanent displacee once the Project has been approved and Project funding is inplace. No lawful occupant will be required to move without having received at least 90 days advance written notice of the earliest date by which the move will be necessary. The 90 -day notice will either state a specific date as the earliest date by which the occupant may be required to move or state that the occupant will receive a further notice indicating, at least 30 days in advance, the specific date of the required move. In addition to the three principal notices, Developer staff will issue timely written notification in the form of a Reminder Notice, which discusses the possible loss of rights and sets the expiration date for the loss of benefits to those persons who: 1) are eligible for monetary benefits, 2) have moved from the acquired property, and 3) have not filed a claim for benefits. 24 55F -31 First Street Apartments Project Relocation Plan Reminder Notices will be issued periodically throughout the qualification period. An attempt shall be made to make written contact with all non - responsive relocatees no later than within the last six months prior to the filing expiration date. B. PRIVACY OF RECORDS All information obtained from displacees is considered confidential and will not be shared without consent of the displacee or the Developer. Relocation staff will comply with federal regulations concerning safeguarding of relocation files and theircontents. C. GRIEVANCE PROCEDURES The Developer's grievance policy will follow the standards described in Article 5 Section 6150 et seq. of the State guidelines. Briefly stated, displacees will have the right to ask for administrative review when they believe themselves aggrieved by a determination as to eligibility, the amount of payment, or the Developer's property management practices. Written appeals will be reviewed by City of Santa Ana staff. D. EVICTION POLICY Eviction will cause the forfeiture of a displacee's right to relocation assistance or benefits. Relocation records will be documented to reflect the specific circumstances surrounding any eviction action. Eviction may be undertaken for one, or more of the following reasons: (a) Failure to pay rent, except in those cases where the failure to pay is due to the owner's failure to keep the premises in habitable condition; is the result of harassment or retaliatory action; or, is the result of discontinuation, or a substantial interruption of services; (b) Performance of a dangerous, and /or illegal act in the unit; (c) A material breach of the rental agreement, and failure upon notification to correct said breach within 30 days ofNotice; (d) Maintenance of a nuisance, and failure to abate such nuisance upon notification within a reasonable time following Notice; (e) A requirement under State, or local law or emergency circumstances that cannot be prevented by reasonable efforts on the part of the Developer. (f) A failure to vacate by the end of the 90 -Day notice period. E. CITIZEN PARTICIPATION As the process for considering the Project moves forward, the Developer will observe the following protocol: 25 55F -32 First Street Apartments Project Relocation Plan 1. Provide affected tenants with full and timely access to documents relevant to the relocation program; 2. Encourage meaningful participation in reviewing the Relocation Plan and monitoring the relocation assistance program; 3. Provide technical assistance necessary to interpret elements of the Relocation Plan and other pertinent materials; 4. Issue a general notice concerning the availability of the Plan for public review, as required, 30 days prior to its proposed adoption; and 5. Include written or oral comments concerning the Plan as an attachment (Exhibit D) when it is forwarded to the City of Santa Ana City Council for approval. F. PROJECTED DATE OF DISPLACEMENT The Developer anticipates that with the exception of the residential occupant, date specific Notices to Vacate will not be issued prior to February 2016. No occupant will be required to vacate without a minimum of 90 days notice. However, an occupant may choose to vacate prior to a vacate notice being issued, once they have received their Notice of Eligibility, and be assured they will receive any relocation assistance to which they may be entitled. G. ESTIMATED RELOCATION COSTS The total budget estimate for relocation- related payments for this Project, including a 10% contingency, is $865,000. The relocation estimate includes the permanent relocation of 10 businesses, the cell tower, and one residential household. This estimate should not be interpreted as firm, "not to exceed," or actual entitlement costs. The estimate is based on the data obtained through the occupant interviews, current project scope, replacement site availability, moving costs, reestablishment costs and the judgment and experience of the Overland, Pacific & Cutler, Inc. staff. The estimate does not include any payments related to property acquisition or any compensation for Improvements Pertaining to Realty. In addition, the budget does not consider the cost of any services necessary to implement the Plan and complete the relocation element of theProject. If the Project is to be implemented, and circumstances arise that should change either the number of displaced occupants, or the nature of their activity, the Developer will authorize any additional compensable funds that may need to be appropriated. The Developer pledges to appropriate, on a timely basis, the funds necessary to ensure the successful completion of the Project. 26 55F -33 EXHIBIT A HUD INCOME LIMITS - ORANGE COUNTY The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Orange to define and determine housing eligibility by income level. Area Median: $85,900 Family Size Extremely Low Very Low Lower I Person 19,700 32,800 52,500 2 Person 22,500 37,500 60,000 3 Person 25,300 42,200 67,500 4 Person 28,100 46,850 74,950 5 Person 30,350 50,600 80,950 6 Person 32,600 54,350 86,950 7 Person 36,730 58,100 92,950 8 Person 40,890 61,850 98,950 Figures are per the Department of Housing and Urban Development, 2015. 55F -34 EXHIBIT B INFORMATIONAL STATEMENT 55F -35 Relocation Assistance Informational Statement For Business, farm & Nonproffit Displacing Agency AMCAL Multi - Housing, Inc. Project Name: First Street Apartments Project Displacing Agency Representative: Overland, Pacific & Cutler, Inc. 3750 Schaufele Avenue, Suite 150 Long Beach, CA 90808 Phone: 1 -800- 400 -7356 Spanish speaking agents are available. Si necesita esta informacian en espan"ol, par favor Hams a su agente. 55F -36 (Federal) Introduction The property on which you now conduct your business is in an area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move your business, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPQ to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE THE PROPERTY. However, if you desire to move sooner than required, you must contact your relocation agent at Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. Summary of Available Relocation Assistance: A. Advisory assistance to explain the relocation process, the related eligibility requirements, the procedures for obtaining reimbursement for moving expenses and referrals to suitable replacement locations B. Payment for your moving expenses. You may receive one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of a Payment for Actual Moving and Related Expenses C. Other help to reestablish your business and minimize the impact of the move including help in preparing claim forms to request relocation payments. If you disagree with the Displacing Agency's decision as to your right to a relocation payment, or the amount of the payment, you may appeal that decision. 55F -37 1. How Will I Know I Am Eligible for Relocation Assistance? Ordinarily, eligibility begins on the date the owner of the property receives the Displacing Agency's initial written offer to purchase the property. Therefore, you should not move before that date or receiving a notice of eligibility. If you do, you may not be eligible for relocation assistance. 2. How Will the Displacing Agency Know How Much Help I Need? You will be contacted at an early date and personally interviewed by an agent of the Displacing Agency. The interviewer will want to get information about your current operation, as well as identify movable personal property and non - movable improvements, determine your needs and preferences for a replacement location, estimate the time required to vacate the premises and your need for advance payments. During the interview, you may want to discuss other issues relative to your move. It is to your advantage to provide as much information as possible so that the Displacing Agency, through its relocation agent, can assist you in moving with a minimum of hardship. The information you give will be kept in confidence. 3. How Soon Will I Have to Move? Every reasonable effort will be made to provide you with sufficient time to find a suitable replacement location and reestablish your business. If possible, a mutually agreeable date for the move will be worked out. Unless there is an urgent need for the property (e.g., your occupancy would present a health or safety emergency), you will not be required to move without at least 90 days advance written notice. It is important, however, that you keep in close contact with the Displacing Agency so that you are aware of the time schedule for carrying out the project and the approximate date by which you will have to move. 4. I Own the Property. Will I Be Paid for It Before I Have to Move? If you reach a voluntary agreement to sell your property to the Displacing Agency, you will not be required to move before you receive the agreed purchase price. If the property is acquired through an eminent domain proceeding, you cannot be required to move before the estimated fair market value of the property has been deposited with the court. (You should be able to withdraw this amount immediately, less any amounts necessary to pay off any mortgage or other liens on the property and to resolve any special ownership problems. Withdrawal of your share of the money will not affect your right to seek additional compensation for your property). S. Will I Have to Pay Rent to the Displacing Agency Before I Move? You may be required to pay a fair rent to the Displacing Agency for the period between the acquisition of your property and the date that you move. Your rent and the terms of your tenancy will be generally the same as in the prior arrangement. 6. How Will I Find a Replacement Location? Your relocation agent will provide you with current and continuing information on available replacement locations that meet your needs. You will also be provided with the names of local real estate agents and brokers who can assist you in finding the type of replacement location you require. 55F -38 However, you are urged to take an active role in identifying, and relocating to, a location of your choice. No one knows your needs better than you do. You will want a facility that provides sufficient space for your planned activities. You will also want to ensure that there are no zoning or other requirements which will unduly restrict your planned operations. Your relocation agent will explain which kind of moving costs are eligible for reimbursement and which are not eligible. That will enable you to carry out your move in the most advantageous manner. 7. What Other Assistance Will Be Available to Help Me? In addition to help in finding a suitable replacement location, your relocation agent will help you secure the services of outside specialists, as necessary, to plan the move, as well as provide assistance during the actual move and in the reinstallation of machinery and /or other personal property. The range of services depends on the needs of the business being displaced. You should ask the Displacing Agency's relocation agent to tell you about the specific services that will be available to you. 8. I Have a Replacement Location and Want to Move. What Should I Do? Before you make any arrangements to move, notify the Displacing Agency's relocation agent, in writing, of your intention to move. This should be done at least 30 days before the date you begin your move. The Displacing Agency will discuss the move with you and advise you of the relocation payment(s) for which you may be eligible, the requirements to be met, and how to obtain a payment. 9. I Plan to Discontinue My Business Rather than Move. What Should I Do? If you have decided to discontinue your business rather than reestablish it, you may still be eligible to receive a payment. Contact the Displacing Agency's relocation agent and discuss your decision to discontinue your business. You will be informed of the payment, if any, for which you may be eligible, the requirements to be met, and how to obtain your payment. 10. What Kinds of Payments for Moving Expenses Will I Receive? Every business is eligible for a relocation payment to cover the reasonable cost of moving. Assuming you meet certain eligibility criteria, you may choose one of the following options: Option 1: A Payment for Actual Reasonable Moving and Related Expenses; or Option 2: A Fixed Payment In Lieu of Moving and Related Expenses These payment options are described below: Option 1: Payment for Actual Reasonable Moving and Related Expenses If you choose a Payment for Actual Reasonable Moving and Related Expenses, you may claim the cost of: 1. Transportation of personal property. Transportation costs for a distance beyond 50 miles are not eligible, unless the Displacing Agency determines that relocation beyond 50 miles is J ustified. 2. Packing, crating, unpacking, and uncrating of the personal property. 55F -39 3. Disconnecting, dismantling, removing, reassembling, and reinstalling relocated machinery, equipment, and other personal property, and certain substitute personal property. This includes connection to utilities available within the building. It also includes modifications to the personal property, including those mandated by Federal, State or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property. 4. Storage of the personal property determined to be necessary by the Displacing Agency, not to exceed 12 months, unless the Displacing Agency determines that a longer period is warranted. 5. Insurance for the replacement value of the personal property in connection with the move and necessary storage. 6. The replacement value of property lost, stolen or damaged in the process of moving (not through fault or negligence of the displaced person, his or her agent or employee), where insurance covering such loss, theft or damage is not reasonably available. 7. Any license, permit, fees or certification required of your business at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification. S. Reasonable and preauthorized professional services, the Displacing Agency determines to be necessary for (i) planning the move of the personal property, (ii) moving the personal property, and (iii) installing the relocated personal property at the replacement location. 9. Re- lettering signs and replacing stationary on hand at the time of displacement that is made obsolete as a result of the move. 10. Actual direct loss of tangible personal property incurred as a result of moving or discontinuing your business. The payment will consist of the lesser of: (i) The fair market value in place of the item, as is for continued use at the displacement site, less the proceeds from its sale. (To be eligible for payment, you must make a good faith effort to sell the personal property, unless the Displacing Agency determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the fair market value will be based on the cost of the goods to the business, not the potential selling price.); or (ii) The estimated cost of moving the item as is, but with no allowance for storage; or for reconnecting a piece of equipment if the equipment is in storage or not being used at the acquired site. (If you elect to discontinue your business, the estimated cost will be based on a moving distance of 50 miles.) 11. Purchase of substitute personal property. If an item of personal property which is used as part of your business is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, you will be entitled to payment for the lesser of: 55F -40 (i) The cost of the substitute item, including installation costs at the replacement site, minus any proceeds from the sale or trade -in of the replaced item; or (ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the Displacing Agency's discretion, the estimated cost for a low cost or uncomplicated move may be based on a single bid orestimate. 12. The reasonable cost incurred in attempting to sell an item that is not to be relocated. 13. Searching for a replacement location. Your business is entitled to reimbursement for actual expenses, not to exceed $2,500 as the Displacing Agency determines to be reasonable, which are incurred in searching for a replacement location including: i) Transportation ii) Meals and lodging away from home. iii) Time spent searching, based on reasonable salary orearnings. iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such site. V) Time spent in obtaining permits and attending zoning hearings; and vi) Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings. 14. When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the Displacing Agency, the allowable moving cost payment shall not exceed the lesser of: the amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. 15. Other related moving expenses as the Displacing Agency determines to be reasonable and necessary, including: Connection to available nearby utilities from the right -of -way to improvements at the replacement site; ii) Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for your business operation, including but not limited to soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the Displacing Agency's discretion, a reasonable pre- approved hourly rate may be established iii) Impact fees or one -time assessments for anticipated heavy utility usage, as determined by the Displacing Agency. The Displacing Agency's relocation agent will explain all eligible moving costs, as well as, those which are not eligible. You must be able to account for all costs that you incur, so keep all your receipts. The Displacing Agency will inform you of the documentation needed to support yourclaim. You may minimize the amount of documentation needed to support your claim, if you elect to "self - move" your property. Payment for a self -move is based on the amount of an acceptable low bid or estimate obtained by the Displacing Agency. If you self -move, you may move your personal property using your own employees and equipment or a commercial mover. If you and the Displacing Agency 55F -41 cannot agree on an acceptable amount to cover the cost of the self -move, you will have to submit full documentation in support of your claim. You may elect to pay your moving costs yourself and be reimbursed by the Displacing Agency or, if you prefer, you may have the Displacing Agency pay the mover directly. In either case, let the Displacing Agency's relocation agent know before you move. The Displacing Agency agent can help you select a reliable and reputable mover. When a payment for "actual direct loss of personal property" or "substitute personal property" is made for an item, the estimated cost of moving the item may be based on the lowest acceptable bid or estimate obtained by the Displacing Agency. If not sold or traded -in, the item must remain at the old location and ownership of the item must be transferred to the Displacing Agency before you may receive the payment. In addition to the reimbursable expenses described above, a small business, farm or non - profit organization may be eligible to receive a payment of up to $25,000 for expenses actually incurred in relocating and reestablishing its operation at a replacement site. Eligible expenses must be reasonable and necessary, as determined by the Displacing Agency. They may include but are not limited to the following: 1. Repairs or improvements to the replacement real property as required by federal, state or local law, code or ordinance. 2. Modifications to the replacement property to accommodate the business operation or make replacement structures suitable for conducting the business. 3. Construction and Installation costs for exterior signage to advertise the business. 4. Redecoration or replacement of soiled or worn surfaces at the replacement site, such as paint, paneling or carpeting. S. Advertising of replacement location. 6. Estimated increased costs of operation during the first 2 years at the replacement site, for such items as: a. Lease or rental charges b. Personal or real property taxes c. Insurance premiums, and d. Utility charges (excluding Impact fees) Other items that the Displacing Agency considers essential to the reestablishment of the business. The following is a non - exclusive listing of reestablishment expenditures not considered to be reasonable, necessary or otherwise eligible: Purchase of capital assets, such as, office furniture, filing fixtures. Purchase of manufacturing materials, production supplies, used in the normal course of the business operation. 55F -42 cabinets, and machinery or trade product inventory, or other items • Interest costs associated with any relocation expense or the purchase of replacement property. • Payment to a part -time business in the home which does not contribute materially to the household income. Option 2: Fixed Payment In Lieu of a Payment for Actual Reasonable Moving and Related Expenses A displaced business, non - profit organization or farm may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses and actual reasonable reestablishment expenses. The payment may not be less than $1,000.00 or more than $40,000.00. For a business or farm, the payment is based on the average annual net earnings before Federal, State and local income taxes during the 2 taxable years immediately prior to the taxable year in which it was displaced. For a non - profit organization, the payment is based on the average of 2 years annual gross revenues less administrative expenses. In order to qualify for this payment, the Displacing Agency must determine that: 1. The business owns or rents personal property which must be moved in connection with the displacement and for which an expense would be incurred in such move, and the business vacates or relocates from its displacement site. 2. The business cannot be relocated without a substantial loss of existing patronage (clientele or net earnings). 3. The business is not a part of a commercial enterprise having more than three other entities which are not being acquired by the Displacing Agency, and which are engaged in the same or similar business activities. 4. The business is not operated at the displacement dwelling /site solely for the purpose of renting such dwelling /site to others. The business contributed materially to the income of the displaced person during the two (2) taxable years prior to displacement. If the business or farm was not in operation for the full two years prior to displacement, the net earnings are based on the actual period of operation at the acquired site projected to an annual rate. Average net earnings may be based on a different period of time when the Displacing Agency determines it to be more equitable. Net earnings include any compensation paid to the owners of the business, a spouse or dependents. Proof of net earnings must be furnished to the Displacing Agency through income tax returns, certified financial statements, or other reasonable evidence which the Displacing Agency determines is satisfactory. For a qualified non - profit organization, gross earnings may include membership fees, class fees, cash donations, tithes and receipts from sales or other forms of fund collection that enables the non -profit organization to operate. Administrative expenses are those for administrative support such as rent, utilities, salaries, advertising and other like items as well as fund raising expenses. Operating expenses for carrying out the purposes of the non - profit organization are not included in administrative expenses. The monetary receipts and expense amounts may be verified with certified financial statements or financial documents required by publicagencies. 55F -43 The Displacing Agency will inform you as to your eligibility for this payment option and the documentation you must submit to support your claim. Remember, when you elect to take this payment option you are not entitled to reimbursement for any other moving expenses, i.e. Option A described above. 11. I Own an Outdoor Advertising Display. What Relocation Payment Will I Receive? As the owner of an outdoor advertising display, you are eligible for a Relocation Payment For Actual Reasonable Moving and Related Expenses. You are not eligible to receive a Payment In Lieu of a Payment For Actual Reasonable Moving and Related Expenses. If you choose not to relocate or replace the sign, the payment for "direct loss of personal property" would be the lesser of: (1) the depreciated reproduction cost of the sign, as estimated by the Displacing Agency, less the proceeds from its sale, or (2) the estimated cost of moving the sign without temporary storage. The Displacing Agency will inform you as to the exact costs that may be reimbursed. 12. How do I Receive a Relocation Payment? You must file a claim for a relocation payment. The Displacing Agency's relocation agent will provide you with the required claim forms, assist you in completing them, and explain the type of documentation that you must submit in order to receive your relocation payments. If you must pay any relocation expenses before you move (e.g., because you must provide a security deposit if you lease your new location), discuss your financial needs with the Displacing Agency. You may be able to obtain an advance payment. An advance payment may be placed in "escrow" to ensure that the move will be completed on a timely basis. If you are a tenant, you must file your claim within 18 months after the date you move. If you own the property, you must file within 18 months after the date you move, or the date you receive the final acquisition payment, whichever is later. However, it is to your advantage to file as soon as possible after you move. The sooner you submit your claim, the sooner it can be processed and paid. If you are unable to file your claim within 18 months, the Displacing Agency may extend this period. You will be paid promptly after you file an acceptable claim. If there is any question regarding your right to a relocation payment or the amount of the payment, you will be notified, in writing, of the problem and the action you may take to resolve the matter. 13. Non - Discrimination No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti - discrimination laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. 14. Appeals Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed 55F -44 by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 15. Tax Status of Relocation Benefits California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part it (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular230 disclosure: To ensure compliance with requirements imposedbytheIRS, weinform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, for the purpose of (i) avoiding tax - related penalties under the Internal Revenue Code or (ii) promoting marketing orrecommending to another parry anymatters addressedherein) 16. Lawful Presence Requirement Pursuant to the Public Law 105 -117, in order to be eligible to receive non - residential relocation benefits in federally- funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for - profit or a non - profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the United States. 17. Additional Information If you have further questions after reading this brochure, please contact the Displacing Agency's relocation agent at Overland, Pacific & Cutler, Inc. 55F -45 Displacing Agency: AMCAL Multi- Housing, Inc. Project Name: First Street Apartments Project Displacing Agency Representative: Overland, Pacific & Cutler, Inc. 3750 Schaufele Avenue, Suite 150 Long Beach, CA 90808 Phone: 1- 800 - 400 -7356 Informational Statement Content: 1. General Information 2. Assistance In Locating A Replacement Dwelling 3. Moving Benefits 4. Replacement Housing Payment - Tenants And Certain Others 5. Section 8 Tenants 6. Replacement Housing Payment — Homeowners 7. Qualification For And Filing Of Relocation Claims 8. Last Resort Housing Assistance 9. Rental Agreement 10. Evictions 11. Appeal Procedures —Grievance 12.Tax Status of Relocation Benefits 13. Legal Presence Requirement 14. Non - Discrimination and Fair Housing 15. Additional Information And Assistance Available Spanish speaking agents are available. Si necesita esta information en esparhol, por favor llame a su agente. 55F -46 Informational Statement for Families and Individuals (Federal) The dwelling in which you now live is in a project area to be improved by, or financed through, the Displacing Agency using federal funds. If and when the project proceeds, and it is necessary for you to move from your dwelling, you may be eligible for certain benefits. You will be notified in a timely manner as to the date by which you must move. Please read this information, as it will be helpful to you in determining your eligibility and the amount of the relocation benefits you may receive under the federal law. You will need to provide adequate and timely information to determine your relocation benefits. The information is voluntary, but if you don't provide it, you may not receive the benefits or it may take longer to pay you. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPQ to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is listed on the cover. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. 2. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation agent will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. FM Z II-ITJ 10 � If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: 55F -47 A Fixed Moving Payment based on the number of rooms you occupy (see below); or A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or A combination of both (in some cases). For example, you may choose a Self -Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case, there may be an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment (Self -Move) A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $450.00 for one furnished room to $2,365.00 for eight rooms in an unfurnished dwelling. (For details see the table). Your relocation agent will inform you of the amount you are eligible to receive, if you choose this type of payment. If you select a fixed payment, you will be responsible for arranging for your own move, and the Displacing Agency will assume no liability for any loss or damage of your personal property. A fixed payment also includes utility hook -ups and other related moving fees. B. Actual Moving Expense (Commercial Move) Fixed Moving Schedule CALIFORNIAN Effective 2412. Occupant Owns Furniture: 1 room $725 2 rooms $930 3 rooms $1,165 4 rooms $1,375 5 rooms $1,665 6 rooms $1,925 7 rooms $2,215 8 rooms $2,505 Each additional room 265 Occupant does NOT Own Furniture: 1 room $475 Each additional room $90 If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation agent will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a "mover" scope of services for Displacing Agency approval. You may be eligible for a payment up to $5,250.00 to assist in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied the present dwelling for at least 90 days immediately prior to the initiation of negotiations or an owner who has occupied the present dwelling between 90 and 180 days immediately prior to the initiation of negotiations. A. Rental Assistance. If you wish to rent your replacement dwelling, your maximum rental assistance benefits will be based upon the difference over a forty -two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent or thirty percent (30 %) of your monthly household income if your total gross income is classified as "low income" by the U. S. Department of Housing and Urban Development's (HUD) Annual Survey of Income Limits for Public Housing and Section 8 Programs. You will be required to provide your relocation agent with monthly rent and household income verification prior to the determination of your eligibility for this payment. 55F -48 WIM B. Down - payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down - payment and non - recurring incidental expenses. Your relocation agent will clarify procedures necessary to apply for this payment. When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. In such cases, a comparable replacement dwelling will be determined based on your family composition at the time of displacement and the current housing program criteria. This may not be the size of the unit you currently occupy. Your relocation agent will provide counseling and other advisory services along with moving benefits. A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiation, you may be eligible to receive a payment of up to $22,500.00 to assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation agent will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation agent will explain limiting conditions. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner - occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that you could have received under the Purchase Price Differential, explained above. The payment will be based on the difference between the fair market rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: 55F -49 • For a tenant, the date you move from the displacement dwelling. • For an owner - occupant, the latter of: a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court; or b. The date the Displacing Agency fulfills its obligation to make available comparable replacement dwellings. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. 8. -AST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency will provide Last Resort Housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort Housing assistance is based on the individual circumstances of the displaced person. Your relocation agent will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and Last Resort eligibility must be applied toward the down - payment and eligible incidental expenses of the home you intend to purchase. 9 RENTAL AGREEMENT As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. 10. EVICTIONS Eviction for cause must conform to applicable State and local law. Any person who occupies the real property and is not in unlawful occupancy on the date of initiation of negotiations, is presumed to be entitled to relocation benefits, unless the Displacing Agency determines that: • The person received an eviction notice prior to the initiation of negotiations and, as a result, was later evicted; or • The person is evicted after the initiation of negotiations for serious or repeated violation of material terms of the lease; and • The eviction was not undertaken for the purpose of evading relocation assistance regulations. Except for the causes of eviction set forth above, no person lawfully occupying property to be purchased by the Displacing Agency will be required to move without having been provided with at least 90 days written notice from the Displacing Agency. APPEAL PROCEDURES -GRIEVANCE Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Displacing Agency's Relocation Assistance Program may have the appeal application reviewed 55F -50 by the Displacing Agency in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. 12. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. (IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any tax advice contained in this communication (including any attachments) was not intended or written to be used and cannot be used for the purpose of (i) avoiding tax - related penalties under the Internal Revenue Code or (ii) promoting marketing or recommending to another party any matters addressedherein) 13. LAWFUL PRESENCE REQUIREMENT In order to be eligible to receive relocation benefits in federally- funded relocation projects, all members of the household to be displaced must provide information regarding their lawful presence in the United States. Any member of the household who is not lawfully present in the United States or declines to provide this information may be denied relocation benefits, unless such ineligibility would result in an exceptional and extremely unusual hardship to the alien's spouse, parent, or child, any of whom is a citizen or an alien admitted for permanent residence. Exceptional and extremely unusual hardship is defined as significant and demonstrable adverse impact on the health or safety, continued existence of the family unit, and any other impact determined by the Displacing Agency to negatively affect the alien's spouse, parent or child. Relocation benefits will be prorated to reflect the number of household members with certified lawful presence in the US. 14. NON - DISCRIMINATION AND FAIR HOUSING No person shall on the grounds of race, color, national origin or sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Displacing Agency's relocation assistance program pursuant to Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, and other applicable state and federal anti - discrimination and fair housing laws. You may file a complaint if you believe you have been subjected to discrimination. For details contact the Displacing Agency. L5_ INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process, please do not hesitate to contact your relocation agent at Overland, Pacific &Cutler. 55F -51 EXHIBIT C GENERAL INFORMATION NOTICE 55F -52 General Information Notice — Non - residential January 26, 2015 <<NAME>> «BUSINESS /ORGANIZATION NAME>> 1440 E. First Street, Suite _ Santa Ana, CA 92701 Dear <<NAME >>: AMCAL Multi- Housing, Inc. (called here the "Developer') is interested in acquiring the property you currently occupy at 1440 E. First Street, Santa Ana, CA 92701 for the construction of a new apartment building (called here the "Project"). This notice is to inform you of your rights under Federal and State law. If the Developer acquires the property, and you are displaced for the Project, you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended and California Relocation Assistance Law (Sec 7260 et. seq. of the CA Government Code. However, you do not have to move now. This is DQLa notice to vacate the premises or a notice of relocation eligibility. If you rent or lease your unit, you should continue to pay your monthly rent to your landlord , because failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a unit before receiving formal notice of eligibility for relocation assistance. If you move or are evicted before receiving such notice, you will not be eligible to receive relocation assistance. Please contact us before you make any moving plans. If the Developer acquires the property and you are eligible for relocation assistance, you will be given advisory services, including referrals to replacement sites, and at least 90 days advance written notice of the date you will be required to move. You would also receive either a payment for actual moving and reestablishment expenses, or, a fixed payment in lieu of a payment for actual moving and reestablishment expenses. Pursuant to the Public Law 105 -117, in order to be eligible to receive non - residential relocation benefits in federally- funded projects, in the case of an unincorporated business, each owner must be either a citizen or national of the United States, or an alien who is lawfully present in the United States. The owner of a sole proprietorship and all owners of a partnership must provide information regarding their lawful presence in the United States, and a for - profit or a non - profit corporation must certify that it is authorized to conduct business within the United States. Owners of sole proprietorships or partnerships, who are not lawfully present in the United States, or who decline to provide this information, are not eligible for relocation assistance, unless such eligibility would result in exceptional hardship to a qualifying spouse, parent, or child. Relocation benefits will be prorated to reflect the number of owners with certified lawful presence in the United States. 55F -53 Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the Developer decides not to purchase the property, you will be notified in writing. Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Developer's Relocation Assistance Program may have the appeal application reviewed by the Developer in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Developer. If you have any questions about this or any other relocation issues, please contact me at the address and the phone number below. Sincerely, Mario Turner Vice President of Development AMCAL Multi-Housing, Inc. 2082 Michelson Drive, Suite 306 Irvine, CA 92612 (949) 863 -9408 Received by Recipient's Signature Date Delivered on /by: Posted Mailed /receipt received on: / 55F -54 General Information Notice ReE August 12, 2015 <<NAME>> 1440 E. First Street, Suite Santa Ana, CA 92701 Dear <<NAME >>: AMCAL Multi- Housing, Inc. (called here the "Developer's is interested in acquiring the property you currently occupy at 1440 E. First Street, Santa Ana, CA 92701 for the construction of a new apartment building (called here the "Project'O. This notice is to inform you of your rights under Federal and State law. If the Developer acquires the property, and you are displaced for the Project, you will be eligible for relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA), as amended and California Relocation Assistance Law (Sec 7260 et. seq. of the CA Government Code. However, you do not have to move now. This is n2La notice to vacate the premises or a notice of relocation eligibility. If you rent or lease your unit, you should continue to pay your monthly rent to your landlord , because failure to pay rent and meet your obligations as a tenant may be cause for eviction and loss of relocation assistance. You are urged not to move or sign any agreement to purchase or lease a unit before receiving formal notice of eligibility for relocation assistance. If you move or are evicted before receiving such notice, you will not be eligible to receive relocation assistance. Please contact us before you make any moving plans. If the Developer acquires the property, and you are not qualified to remain in a Project unit, you will be eligible for relocation assistance. You will be given advisory services, including referrals to replacement housing, and at least 90 days advance written notice of the date you will be required to move. You would also receive a payment for moving expenses and may be eligible for financial assistance to help you rent or buy a replacement dwelling. Note that pursuant to Public Law 105 -117, aliens not lawfully present in the United States are not eligible for Federally- funded relocation assistance, unless such ineligibility would result in exceptional hardship to a qualifying spouse, parent, or child. All persons seeking relocation assistance will be required to certify that they are a United States citizen or national, or an alien lawfully present in the United States. Again, this is not a notice to vacate and does not establish eligibility for relocation payments or other relocation assistance. If the Developer decides not to purchase the property, you will be notified in writing. Any person aggrieved by a determination as to eligibility for, or the amount of, a payment authorized by the Developer's Relocation Assistance Program may have the appeal application reviewed by the Developer in accordance with its appeals procedure. Complete details on appeal procedures are available upon request from the Developer. 55F -55 If you have any questions about this or any other relocation issues, please contact me at the address and the phone number below. Sincerely, Mario Turner Vice President of Development AMCAL Multi- Housing, Inc. 2082 Michelson Drive, Suite 306 Irvine, CA 92612 (949) 863 -9408 Received by Recipient's Signature Date Delivered Posted on /by: Mailed /receipt received on: J. 55F -56 EXHIBIT D PUBLIC COMMENTS & RESPONSES All project occupants received a copy of the draft Relocation Plan with an Advisory Notice on November 18, 2015 describing the public review and continent period and providing an address to send written comments and a phone number to call for verbal comments or questions. There were no public comments received during the 30 -day public review and comment period between Thursday, November 19, 2015 and Friday, December 18, 2015. 55F -57 55F -58 ROH — 06/07/16 RESOLUTION NO.2016 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE RELOCATION PLAN FOR RESIDENTIAL PROPERTY LOCATED AT 1440 E. FIRST STREET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS: Section 1: The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On April 19, 2016, the City Council approved a proposal with AMCAL Multi - Housing, Inc. (Developer) for the award of inclusionary housing in- lieu fees for an affordable housing project called the First Street Apartments (Project) located at 1440 E. First Street, and approved a conditional loan commitment letter that will be contingent on the City's actual receipt of the in -lieu fee payments from Heritage Village OC, LLC. The Project will be an affordable housing project that will provide 69 affordable units, as well as a community room and amenity spaces. B. Based on California Law, when State funds are provided to a project which would lead to the displacement of people from their homes and /or businesses, the legislative body must approve a relocation plan with state funds. C. The First Street Apartments Project Relocation Plan (Relocation Plan) has been prepared in conformance with applicable provisions of California Relocation Assistance Law and Relocation Guidelines as well as United States Department of Housing and Urban Development (HUD) regulations. D. This plan is required due to the necessary demolition of the existing structures. All current Project occupants will need to be permanently relocated. The needs and characteristics of the displaced population, available relocation resources, and the Developer's program to provide assistance to each affected person are general subjects of the Relocation Plan, The Developer is utilizing Overland, Pacific & Cutler, Inc. as its relocation consultant for the Relocation Plan and services. The Relocation Plan was completed on December 18, 2015. E. Current occupants that will need permanent relocation are ten (10) known commercial businesses and one household as a result of the Project. Exhibit 3 Resolution No. 2016- 55F -59 There is also a cell tower on the site. All occupants have been interviewed and provided informational notices of the Relocation Plan in accordance with State and Federal requirements. All project occupants received a copy of the draft Relocation Plan with an Advisory Notice on November 18, 2015 describing the public review and public comment period and providing an address to send written comments and a phone number to call for verbal comments or questions. There were no public comments received during the 30 -day public review and comment period between November 19, 2015 and December 18, 2015. Furthermore, all occupants will be provided relocation assistance, including advisory services, moving costs, and re- establishment services provided by the Developer and its relocation consultant. Section 2: The City Council hereby approves the Relocation Plan for the residential Property located at the aforementioned address, and the establishment of an account in accordance with state mandates for the payment of relocation benefits to the displaced households. Section 3: 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 , 2016. Miguel Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: k Jor- Ryan O. Hodge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Resolution No. 2016- 55F -60 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016- 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 55F -61 Resolution No. 2016- 55F -62 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE; RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION AS A JOINT APPLICANT WITH META HOUSING CORPORATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM (STRATEGIC PLAN NO. 5, 3 & 6) CITY MANAG — RECOMMENDED ACTION CLERIC OF COUNCIL USE ONLY: :•-• k As Recommended ❑ As Amended EJ Ordinance on 1a0 Reading Ordinance on 2no Reading ® Implementing Resolution �j Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution authorizing submittal of a funding application as a joint applicant with Meta Housing Corporation for the Affordable Housing and Sustainable Communities Program in the amount not to exceed $12,028,626 of which $7,833,126 is requested as a loan for Affordable Housing Development and $4,195,500 is requested for a grant for Sustainable Transportation Infrastructure Project for the Santa Ana Arts Collective Project, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 29, 2016, the California Department of Housing and Community Development (HCD) announced the availability of approximately $320 million in funding for the Affordable Housing and Sustainable Communities Program (AHSC), also known as the Cap & Trade Program. The AHSC Program funds are offered through a Notice of Funding Availability (NOFA) application that provides funding for projects that reduce greenhouse gas emissions by supporting more compact, infill development patterns, encouraging active transportation and transit usage, and protecting agricultural land from sprawl development. Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund, an account established to receive the California Cap- and -Trade Program auction proceeds. Meta Housing Corporation (Developer) successfully submitted a concept proposal in March 2016 and was invited to submit a full application by June 20, 2016. The Developer's full application for AHSC funds is for $12,028,626, of which $7,833,126 is requested as a loan for an Affordable Housing Development (AHD) (AHSC Loan) and $4,195,500 is requested for a grant for Housing - Related Infrastructure (HRI), Sustainable Transportation Infrastructure (STI), Transit - Related Amenities (TRA) or Program (PGM) activities (AHSC Grant). 55G -1 Resolution — AHSC Program Application June 7, 2016 Page 2 The AHSC Loan will be for the Santa Ana Arts Collective project (Project), which will adaptively reuse an existing commercial building at 1666 N. Main Street in Santa Ana with new construction to develop a mixed -use, multi - family affordable housing community consisting of 57 affordable units, with a community arts gallery, an art garden on the ground floor, a maker space, digital and media lab, music room, performing arts room, and activity programs (Exhibit 1). The Project will be one of the first projects under the City's new adaptive reuse ordinance and the first affordable housing complex with an artist preference. The AHSC Grant will be for the development's STI and TRA portion of the project which is a bicycle boulevard treatment along Bush Street between 17th Street and Civic Center Drive. A bicycle boulevard provides a bicycle friendly low- stress alternative to Main Street and a crucial connection to Downtown Santa Ana. If awarded funding from the State for the AHSC Grant, staff will recommend to City Council to acknowledge the grant funds and enter into a contract with Meta Housing Corporation to utilize the grant funds to construct the transportation related infrastructure for the Santa Ana Arts Collective Project, subject to non - substantive changes approved by the City Manager and City Attorney. The Project proposal is consistent with the goals set forth in the Southern California Association of Government's 2012 -2035 Regional Transportation Plan /Sustainable Communities Strategy, which places great importance on sustainable and smart growth, as well as the interconnectivity of land use and transportation planning. On November 3, 2015, the City Council awarded a pre -loan commitment to the Developer of Inclusionary Housing Funds, Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds, not to exceed $4,635,000. In February 2016, City Council approved the loan agreement for the Inclusionary Housing Funds and CDBG funds with affordable housing restrictions in place for fifty -five years. The Santa Ana Arts Collective Project was approved by the Planning Commission on May 9, 2016 with approval of Variance No. 2016 -04. On June 7, 2016, the City Council will receive and file the Planning Commission's approval. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods) and Objective #6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT There are no fiscal impacts associated with this item at this time. Contingent on the award of funds, the resolution authorizes the City Manager to enter into a Standard Agreement with the 55G -2 Resolution —AHSC Program Application June 7, 2016 Page 2 State of California in a total amount not to exceed $12,028,626 in order to secure the AHSC Program Funds from the State. Robert C. Cortez Special Assistant to the City Manager City Manager's Office JB /NV Exhibits: 1. Location Map 2. Resolution 55G -3 55G -4 r a Q O m PROPOSED PROJECT LOCATION 1666 NORTH MAIN STREET a FE 51 NAL v 0 COMM RCIAL 17TH C 0 M M E F C I A L COMM. J J Q F w J O Q V W K W 0 W v 15TH F W W F- 0 Q V r EXHIBIT 1 55G -5 u COMMERCIAL STREET �9P J COMM. J Q F V W O W K W V W W � CC z Q � O V 1 1 < w F F O o � v STREET 16TH STREET �9P COMM. J U w 2 z Q V m O V 1 1 < w w N STREET �9P 55G -6 ROH — 06/07/16 RESOLUTION NO. 2016 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE SUBMITTAL OF AN APPLICATION FOR FUNDING UNDER THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM AS JOINT APPLICANTS WITH META HOUSING CORPORATION, AND, IF AWARDED, AUTHORIZING THE CITY TO ENTER INTO A CONTRACT WITH DEVELOPER UTILIZING THE GRANT FUNDS TO CONSTRUCT THE TRANSPORTATION RELATED INFRASTRUCTURE FOR THE SANTA ANA ARTS COLLECTIVE PROJECT 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 Strategic Growth Council's ( "SGC ") Affordable Housing and Sustainable Communities ( "AHSC ") Program funds land -use, housing, transportation, and land preservation projects to support infill and compact development that reduces greenhouse gas ( "GHG ") emissions. These projects facilitate the reduction of the emissions of GHG's by improving mobility options and increasing infill development, which decrease vehicle miles traveled and associated greenhouse gas and other emissions, and by reducing land conversion, which would result in emissions of greenhouse gases. B. On January 29, 2016, the Department of Housing and Community Development ( "HCD ") announced availability of approximately $320 million in funding for the AHSC Program, also known as the Cap & Trade Program. C. The State of California, SGC, and HCD issued a Notice of Funding Availability ( °NOFA ") dated January 29, 2015, under the AHSC Program, established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200. Funding for the AHSC Program is provided from the Greenhouse Gas Reduction Fund, an account established to receive Cap- and -Trade auction proceeds. D. SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement. HCD is authorized to administer the approved funding allocations of the AHSC Program. Resolution No. 2016 -xxx Page 1 of 3 Mill E. The City of Santa Ana wishes to support Meta Housing Corporation's ( "Developer") application to receive an allocation of $12,028,626 in grant and loan funds through the AHSC Program as joint applicants of the Santa Ana Arts Collective project, a mixed -use, multi- family, adaptive reuse and new construction affordable housing development. The Application comprised of $7,833,126.00 is requested as a loan for an Affordable Housing Development (AHD) ( "AHSC Loan ") and $4,195,500.00 is requested for a grant for Housing - Related (HRI), Sustainable Transportation Infrastructure (STI), Transit - Related Amenities (TRA) or Program (PGM) activities ( "AHSC Grant ") as defined the AHSC Program Guidelines adopted by SGC on December 17, 2015. F. If the application is approved, the City is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement in a total amount not to exceed $12,028,626 ($7,833,126 for the AHSC Loan and $4,195,500 for the AHSC Grant), and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds for the Department, and all amendments thereto (collectively, the "AHSC Documents "). G. The City of Santa Ana provided the Developer with a residual receipts loan in an amount not to exceed $4,635,000 in support of the development. Section 2. The City Manager, or his designee, is authorized and empowered to execute in the name of the City of Santa Ana all necessary applications, contracts, payment requests, agreements, amendments or any other documents related to, and in furtherance of, the Developer's application for the purposes of securing funds and to carry out the purposes specified in the AHSC application and agreement. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resolution No. 2016 -xxx Page 2 of 3 55G -8 ADOPTED this _ day of June, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By. Ij Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on June 2016. Date: Clerk of Council City of Santa Ana 55G -9 Resolution No. 2016 -xxx Page 3 of 3 55G -10 • • CITY COUNCIL MEETING DATE: MAY 17, 2016 TITLE: MATER DEI APPENDIX ANALYSIS AND UPDATE (STRATEGIC PLAN NO. NOT APPLICABLE) CITY MANAGER -0 CLERK OF COUNCIL USE ONLY: -9 a N54 s ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO `�(} FILE NUMBER On March 15, 2016, the City Council approved an amendment to the Mater Dei Development Agreement. Mater Dei independently submitted an Appendix to be included for consideration at that evening's scheduled Council Meeting. As insufficient - notice was given, the City Manager recommended that the Appendix not be approved due to concerns over the cost of the project, the potential for an unfunded liability, legal requirements that place a burden on the City, and increased liability in other areas. The City Council subsequently directed staff to analyze the Appendix and bring it back to a City Council Meeting in 60 days. Councilmember Reyna recommended that this request be included in the context of the budget process. Mayor Pro Tern Sarmiento requested a 60 day period for staff and Mater Dei to provide accurate budget costs. During the Mater Dei public comment on March 15, 2016, Patrick Murphy, President of Mater Dei, referenced the 1999 Amendment when the City previously paid for similar types of improvements as those currently being requested in the Appendix. During the research of the 1999 Amendment, staff was able to identify $550,000 in reimbursements made by the City to Mater Dei. Staff has not been able to substantiate the source of funding for that expenditure, although it appears that Gas Tax fund was most likely used. Mater Dei has subsequently provided a revised project cost of $5 million. This is substantially higher than originally estimated by Mater Dei (e.g. $2.5 to 3 million). Mater Dei has reduced their request to a not to exceed amount of $2.5 million. At this time only General Fund dollars would be available for a private development, such as the one being proposed. Mr. Murphy did indicate that if the City Council did not approve the funding request associated with Appendix 1, the school will raise the additional funds necessary to complete the project. RECOMMENDED ACTION 1. Receive and file the Mater Dei Update; and 2. Consideration of the following options and provide direction accordingly: 65A -1 Mater Del May 17, 2016 Page 2 a. Fund the Mater Del Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, through the budget process (requires simple majority; reduces the City Manager's Proposed Budget by $2.5 million) b. Fund the Mater Del Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, from the General Fund Reserve. (requires super majority vote) c. Consider the Mater Del funding request in conjunction with other budget priorities during the FY 16 -17 Budget. There would be no funding commitment; subsequent budget decision would be done in the context of the budget process included with other city needs and economic conditions. d. Do not approve the Mater Del Appendix request. DISCUSSION Mater Del High School has been located in the City of Santa Ana since 1960. During that time the City and Mater Del has worked collaboratively to make Mater Del a landmark in the community. At the March 15, 2016 City Council Meeting, the Mayor and City Council approved the Mater Del School Parking Structure and School Expansion Project, which amended the existing Development Agreement. Mater Del subsequently presented the Mayor and City Council with a proposed Appendix that would make further changes to the Development Agreement. Staff was directed to analyze the Appendix. A brief historical reference of the development agreement is provided below. 1995 Agreement Development Agreement (NS -2260) approved for Mater Del H.S. expansion project (25 year term). Key points of the DA: • Allowed campus expansion via several parcels on east side of Baker Street • City to vacate portions of Baker, Stanford and Pomona Streets and Edinger Avenue • Construction of drainage improvements on Pomona and Stanford Streets by City per DA Sections 7 and 11 • Dedication of land by Mater Del to City for certain improvements 1999 First Amendment First Amendment to Development Agreement (NS -2389) • Modified permitted uses section (Section 3) to allow parking lot use on additional parcels • Modified Special Development Standards section (Section 4) to clarify location of setbacks, site access, access gates, fences, parking lot lighting, circulation management plan and graffiti removal. 65A -2 Mater Dei May 17, 2016 Page 3 • Modified Non - vested City Laws and Regulations section (Section 6) to allow TSIA credit for demolition of any existing structure and clarified the timing of the payment of drainage area fees. • Modified Dedications and Street Improvements section (Section 7) to require City to make median changes on Edinger Avenue, City prepares traffic analysis for traffic signal, and identified phasing of off -site improvements. • Modified Street vacations section (Section 11) to reduce timeline for City to complete various improvements and require City to install street lights. • Added Reimbursement section (Section 11.5) • Added Exhibits section (Section 22) • Added Hold Harmless section (Section 23) 2016 Second Amendment Mater Dei High School is proposing to expand its campus and construct a new three - level, 990 - space parking structure and a 30,820 square -foot, two -story academic building with 32 classrooms on the school campus. With the addition of the classroom building and parking structure projects, the campus will ultimately contain a total of 267,146 square feet of building area and 1,396 on -site parking spaces. To accommodate the parking structure, Mater Dei is in the process of acquiring 19 single - family lots at the southeast section of the site. The purchase of the lots, in conjunction with the proposed street vacations and utility relocations will add an additional four acres to the school site. In an effort to simplify the development agreement, staff has consolidated and updated the original agreement (1995), the first amendment (1999), and the adopted (2016) second amendment into a single document. Mater Dei Appendix Request Mater Dei submitted their requests for additional items to the Development Agreement via a proposed Appendix. This appendix includes among other items, requests for the City to perform the following: • Street Vacation, Title Work, Mapping, and Processing of the street right of way (Section 11) • Construction and Engineering work associated with the street removal /realignment • Street removals and construction (Section 7.b.ii) • Drainage construction (Section 7.b.iii) • City Utility, sewer and water, relocation (Section 7.b.ii) • Third Party utility relocation (Section 7.b.ii) • Left -turn signal timing on Monarch Way and Edinger (Section 7.b.v) 65A -3 Mater Dei May 17, 2016 Page 4 Staff Review Staff from the Public Works Agency, City Attorney's Office and the City Manager's Office conducted an analysis of Appendix 1 as presented. Should the City Council desire to move forward with any or all of the requests, staff would recommend an amendment to the Development Agreement rather than an appendix. This would provide clarity and protect against potential inconsistencies between the Development Agreement and the Appendix. The language in section 11(a) is not advisable because it would likely require the City to expedite construction, which could increase the overall cost of the project. Additionally, it would leave the City open to liability if it was not possible to complete the work in the time frame proposed. Section 11.5 is also not advisable because it would give Mater Dei complete control over the work, which could lead to increased costs for the City. In such a reimbursement arrangement, Mater Dei could take over the work, use any contractor they chose, and require the City pay the cost without a predefined limit. This would become an unfunded liability to the City. The City Manager requests a super majority vote as the future funds would most likely be reserve funds. Should the Mayor and City Council decide to move forward, staff would recommend that a predetermined amount be identified and that the developer be responsible for completing the work as was previously done with the 1999 Amendment. The City has fulfilled its promise to the original agreement, the first amendment, and throughout the development of the second amendment. Staff did not promise or agree to any of the requests within the Mater Dei Appendix request. During the Site Plan Review phase of the project, the concept of City financial participation was not raised, and notes were added to the site plan specifying that all improvements needed for the project were to be constructed at the sole expense of the developer. STRATEGIC PLAN ALIGNMENT Not applicable. FISCAL IMPACT The fiscal impact will vary depending on the Mayor and City Council's direction. Below are potential fiscal impacts for the three options presented as part of the recommended options. a. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, through the budget process (requires simple majority; reduces the City Manager's Proposed Budget) • This action would require the City Manager to adjust the General Fund Proposed Budget by the total not to exceed amount. In this case, programs, services, and staffing would be impacted by a direct amount allocated to this Development Agreement. An exact proposal would be included as part of the City Manager's Proposed Budget for City Council consideration and approval. This would be the first time in three years that programs would be reduced or cut. 65A -4 Mater Dei May 17, 2016 Page 5 • However the City of Santa Ana has identified significant needs in the areas of Public Safety ($3.3 million) and Economic Development ($3 million), and the City has not yet added back Police Officers reduced during the recession. b. Fund the Mater Dei Appendix request via an Amended Development Agreement, in a not to exceed amount of $2.5 million, from the General Fund Reserve. (requires super majority vote) • This action would require a reduction to the City's General Fund Reserve balance. Currently the City has a General Fund balance target of 20 %. Although staff would recommend assigning the corresponding amount in the reserve, the General Fund Reserve would be reduced. In order to continue to meet the General Fund Reserve target, staff would need to reduce and /or cut programs and services. The reserve could be left at the lower amount, however it is not recommended as the recent AA general credit rating by Standard & Poors included the 20% reserve level. The City Council would need to authorize such a reduction of the General Fund Reserve Fund. c. Consider the Mater Dei funding request in conjunction with other budget priorities during the FY 16 -17 Budget. There would be no funding commitment; subsequent budget decisions should be done in the context of the budget process included with other City needs. • There would be no immediate fiscal impact by this action. Funding would be evaluated at a future date. • While this option does not provide certainity to Mater Dei, the option allows the City of Santa Ana to make a funding decision during the budget process. This is especially significant in that FY 16 -17 is a year involving new labor and management negotiations. Staff recommends option C. This provides the City with the ability to make funding considerations in the context of priorities throughout the City. 65A -5 65A -6 June 7, 2016 City Council Meeting Correspondence 65A - MATER DEI APPENDIX ANALYSIS AND UPDATE Date of Sender /Representative Agency Corresp. 1. 3/14/2016 Patrick Murphy, President Mater Dei High School Additional Correspondence: In Opposition 2, 5/14/2016 Terra Brett 3, 5/14/2016 Daniel Ortega 4, 5/14/2016 M Ashley 5. 5/14/2016 Yana Minchaca 6, 5/14/2016 Omar Dominguez 7, 5/14/2016 Oralia Gomez $, 5/15/2016 Carolyn Hoerling 9, 5/15/2016 Jacinta Garcia 10. 5/16/2016 Saida Lopez 11. 5/16/2016 Elizabeth Connolly 12. 5/16/2016 Connie Hamilton 13. 5/16/2016 Bobi Keenan Additional Correspondence: In Favor 14. 5/15/2016 Lydia Picasso 15. 5/27/2016 Rev Edward Poettgen Pastor of Immaculate Heart of Mary Church 16. 06/02/2016 Kathleen Kelly Mitre - Ramirez, Norma From: Murphy, Patrick <PMurphy @materdei.org> Sent: Monday, March 14, 2016 11:10 AM To: Huizar, Maria Subject: Mater Dei High School Commitment to the Santa Ana Community Document Attachments: Mater Dei High School City Council 3.15.16[1].pdf Maria, I am sending you this document as Santa Ana City Clerk to ask you to include it in the packet for each City Council member in preparation for the presentation by City Staff on the Mater Dei High School redevelopment project, which is on the agenda for the March 15, 2016 Santa Ana City Council Meeting. In addition, in a few moments, I will be sending you an additional file entitled "Appendix #1 to the 2nd Amended and Restated Development Agreement" that I would also ask be included in the packet for each City Council member for the purposes of this agenda item at tomorrow night's City Council Meeting. Thank you so much Maria. Patrick Murphy President Mater Dei High School 65A -8 65A -9 MATER DET HIGH SCHOOL Mater Dei High School's Commitment to the Santa Ana Community 20% of MD enrollment is from Santa Ana ( a significant portion of the $5 million commitment to Need Based Financial Aid is granted to Santa Ana students /families ) Mater Dei has a longtime commitment to Community Service and helping those in need. The 2015 Graduating Class completed over 70,000 hours of volunteer service with a majority completed in Santa Ana. The following agencies /organizations have been the recipients: 1. Parishes of Christ Our Savior, St. Joseph, St. Anne, MD students assist with religious education, altar service, festivals 2. KidWorks • MD Girls Soccer has a youth clinic • Students assist with tutoring • Beneficiary- MD Annual Christmas Toy Outreach 3. Santa Ana Police Athletic and Activity League • MD Students assist in various activities and events with youth 4. Santa Ana /Fullerton Armory • MD Students assist with setup and meals for homeless S. Boys and Girls Club of Santa Ana • MD Students assist with after school tutoring and activities 6. Delhi Center MD Students assist in the after school Mathletics program MD Students assist with music and dance classes 7. Isaiah House • MD Students assist with meals, visiting the residents, serve meals to homeless and guests of the house. 8. Santa Ana Pop Warner • MD students assist youth football and cheer teams 9. VFW (Veterans of Foreign Wars) Hall • MD Students assist with setup and serving at events 65A -10 10. Discovery Cube of OC • MD Students volunteer as docents and demonstrators at various events at the Science center 11. Bowers Museum • MD Students volunteer at various events and fundraisers for the museum 12. Multiple Health Care /Medical Centers in Santa Ana 13. Santa Ana Family YMCA • MD Students (teams and clubs) make blankets for the elderly and children in Santa Ana 14. Big Brothers Big Sisters OC • MD Students serve as mentors for at risk youth 15, SA Youth Soccer and Baseball • MD Students assist with snack bar, field and facility prep as well as assistant coach 16. Mercy House 17. Blind Children's Learning Center 18. Assistance League of Santa Ana 19. Think Together 20. Olive Crest 21. Boy Scouts of America 22. Orangewood Children's Foundation 23. Taller San Jose 24. The Wooden Floor 25. Get on the Bus Support Program 65A -11 3. Use of MD Facilities by Santa Ana Community *indicates Santa Ana -based organization * *indicates open to /serves Santa Ana community *Catholic Deaf Community • Hearing Impaired Religious Education Program WISEPlace Bolt Kettlebell National Championship • Kettlebell Competition Junior Olympics Boys Water Polo Tournament • Youth Water Polo Tournament Golden Star Soccer - Santa Ana Adult Soccer League * *Diocese of Orange Ministries Celebration • Diocesan Religious Education Conference * *Down Syndrome Association of Orange County Halloween Party • Down Syndrome Community Social Event *Continental Soccer - Santa Ana Adult Soccer League * *RAD Camp Christmas Party Disabled Community Social Event Trinity Bat Company Home Run Challenge Baseball Charity Event United States Catholic Conference of Bishops Spanish Pro -Life & Evangelization Conference • Religious Education Conference KAP7 Turbo Cup • Youth Water Polo Tournament Masters Track & Field Meet • Adult Track & Field Meet * *4- Vertical Football Youth Passing League Practices * *Matt Leinart Foundation Urban Youth Football League • Low -Socio Economic Communities Football Program * *Diocesan Youth Conference High School Religious Education Conference 65A -12 * *RAD Camp Coffee House • Disabled Community Social Event 4. Potential Future Use of MD Performing Arts Center by Santa Ana Community Groups • St. Joseph Ballet • The Wooden Floor • Parishes and Schools of Christ Our Savior, St. Joseph, St. Anne • Pacific Chorale • Arts Orange County • KidWorks • Orange County Children's Therapeutic Arts Center • Arts and Culture Commission of Santa Ana ( as liaison ) • Catholic Charities • Immaculate Heart of Mary Parish • Boys & Girls Club 65A -13 APPENDIX #1 TO SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT This Appendix supplements that certain Second Amended and Restated Development Agreement (the "Second Amendment ") dated as of 2016, by and between the CITY OF SANTA ANA ( "City ") and THE DIOCESE OF ORANGE EDUCATION AND WELFARE CORPORATION ( "Developer "). City and Developer hereby supplement the Second Amendment as follows: A. The second sentence of Section 1 of the Second Amendment is hereby deleted in its entirety and replaced with the following new sentence: "This Second Amendment pertains initially to the Original Parcel and Additional Parcel Nos. 1, 2, and 3, and shall apply to Additional Parcel No. 4 at such time as Developer acquires title to all of the parcels comprising Additional Parcel No. 4 and all necessary Street Vacations, Lot Mergers and /or Tract Maps, Zoning Amendment Applications and General Plan Amendments, as applicable, are processed by City in order to match the zoning on the Original Parcel with the Additional Parcels." B. Sections 7 and 11 of the Second Amendment are hereby deleted in their entirety and replaced with the following new Sections 7, 11 and 11.5: Dedications, Street Improvements, Parking Structure and Performing Arts Center. (a) Developer shall dedicate a 34 -foot wide drainage and utility easement with landscaping as shown on Exhibit 7 attached hereto and incorporated herein by this reference. Developer, at a minimum, shall be responsible for replacement of the paving and improvements within the Pedestrian Plaza as identified on that certain "Master Plan Update" for Mater Dei High School prepared by The Austin Company (Project No. 08- 101671301), including the Preliminary Grading & Drainage Plan, the Preliminary Wet Utility Plan, the Preliminary Dry Utility Plan, the Modular Wetland Systems detail and the Parking Space & Area Summaries, all prepared under The Austin Company's Project No. 08- 10167D0I (collectively, the "Site and Development Plan "). The dedications and easements described in this subsection 7(a) shall be made by Developer prior to the issuance of any building permit for any new building to be constructed on the Property. The installation of improvements for the parking lot area, including, but not limited to, the storm drains, curb and gutters, pavement, street lights, parkway culverts where necessary as determined by the Public Works Agency, sidewalks, and drive approaches shall be the responsibility of City, in accordance with Sections 11 and 11.5 of this Second Amendment. Developer is authorized, at Developer's option, to construct the public improvements on behalf of City and then be reimbursed by City for the costs incurred by Developer, pursuant to Section 11.5 of this Second Amendment. City shall bear the cost of the preparation of a traffic analysis for the proposed traffic signal at the main entrance to the school on Edinger Avenue at Baker Street. City shall also bear any and all costs related to the design and installation of said traffic signal. Developer agrees to make the dedication referenced in subsection 7(a), above, without payment from City in consideration of receiving City's approval of this Second Amendment. SMRH:475724784.2 65A -14 No other dedications of land will be required by City in connection with the Development during the Tenn. However, nothing herein shall be construed to limit City's ability to acquire any portion of the Property, or rights therein, through the exercise of its power of eminent domain. (b) The parking structure, the new Performing Arts Center and other on -site building improvements are to be completed by Developer at Developer's sole cost and expense as generally described in the Site and Development Plan. Those off -site improvements described in subsections 7(b)(i) and (iv) below shall also be completed by Developer at its sole cost and expense. Those off -site improvements described in subsections 7(b)(ii), (iii) and (v) below shall be completed by City at City's sole cost and expense: (i) Installation of a traffic signal and crosswalk at Bristol Street and St. Andrew Place, plus a dedicated right -turn lane along westbound St. Andrew Place at Bristol Street; (ii) Completion of abandonment and associated utility relocations for Baker Street, Berkeley Street and Occidental Street, keeping an opening between Berkeley Street and Occidental Street as a public alley; (iii) Completion of drainage improvements and storm drains; (iv) Modification of a four -way stop at the intersection of St. Andrew Place and Baker Street; and (v) Updated left -turn signal timing at the Edinger Avenue and Monarch Way intersection for entry into the Mater Dei campus. 11. Street Vacations, Utility Relocations and Related Improvement Work. City shall, at its sole cost and expense, vacate and abandon City's right of way easements over Baker Street, Berkeley Street, Occidental Street and St. Andrew Place, to the extent they are included on or about Additional Parcel No. 4, as shown in Exhibit 8 attached hereto and incorporated herein by this reference. City shall, at its sole cost and expense, remove street improvements from all vacated streets and construct public drainage improvements in the area of the drainage easement granted to City by Developer pursuant to Section 7 hereof, in accordance with the following terms and conditions: (a) The street removal and drainage improvement work described above shall all be completed by City prior to the last of the following dates: (i) The date occurring one (1) year after the date on which City receives written notice from Developer that Developer has acquired title to all the Additional Parcels (provided Developer has in fact acquired such title); sMRIi:4757247842 65A' 1 5 (ii) The date occurring one (1) year after the date on which City receives written notice from Developer that Developer has removed all improvements from Additional Parcel No. 4 (provided Developer has in fact removed such improvements); and (iii) The date occurring one (1) year after the date on which Developer dedicates the drainage easement specified in subsection 7(a) hereof to City. (b) City shall be responsible for the removal and /or relocation of all public utilities located in the area of the streets which are to be vacated pursuant to this Section 11, without cost to Developer (other than costs for any new utility connections which may be necessary). (c) It is understood and agreed that the drainage improvements to be installed by Developer in the drainage easement shall be storm drains and surface drainage facilities, or their equivalent, as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as otherwise approved by City's Engineering Division. It is further understood that such surface drainage improvements may not be sufficient to filly protect other improvements on the Property from stormwater damage during especially severe storms, and Developer assumes the risk of such damage. Developer may install an underground piped drainage system within the school property and may connect to any existing City drainage facility. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage and shall maintain the five -foot strip to the east of the drainage easement as a landscaped area. Developer shall provide City with a surface drainage easement for public water flowing across the private parking area. (d) City shall, at its sole cost and expense, prepare plans for and remove street improvements from the vacated streets, relocate utilities and construct public drainage improvements in the area of any drainage easement granted to City by Developer pursuant to Section 7 of this Second Amendment, in accordance with the following terms and conditions: (1) The traffic access and circulation, utility service and drainage will be continuously provided to the parcels within the block adjacent to Additional Parcel No. 4, acceptable to the Public Works Agency. (2) Said street removal, utility and drainage improvement work shall be completed by City within the same time parameters as set forth in Section 11(a), above. (3) City shall be responsible for plan preparation, removal and /or relocation of all public utilities located in the area of the streets that are to be vacated pursuant to this Section 11, without cost to Developer. If, at the design development stage, City determines that street lights are required as a result of the termination of Berkeley Street or Occidental Street, City shall design and install the street lights within the context of standard spacing requirements utilized citywide. SMRI- 1:4757247842 6 5A3' 1 6 (4) Once all required street vacations are completed, the Additional Parcels shall be merged with the Original Parcel into a single new parcel by means of a lot consolidation process. Developer shall file, process and record the lot consolidation. The lot consolidation shall be completed prior to the issuance of building pen-nits. (5) City shall retain existing utility easements for sewer, water, drainage and maintenance purposes within the newly consolidated parcel as shown on Exhibit 7 attached hereto. Developer shall allow City access to all City utility easements within the former street rights -of -way abandoned for the Project, where necessary as determined by the Public Works Agency. If Developer denies such access to City, then Developer shall hold City harmless against damages and all other claims resulting from the condition of City utilities which City was unable to repair or maintain because of such lack of access. (6) It is understood and agreed that the drainage improvements to be installed by City in the drainage easement shall be storm drains and surface drainage facilities as depicted in Exhibits 9 and 9A attached hereto and incorporated herein by this reference, or as approved by the Public Works Agency. City may, at City's sole cost and expense, install an underground piped drainage system within school property. Once constructed, Developer shall be responsible for maintaining and cleaning the on -site drainage facilities and shall keep the drainage facilities free and clear of all impediments to drainage. (7) City shall, at City's sole cost and expense, relocate the four utility poles, guy wires and associated utility lines located between Berkeley Street and Occidental Street, and between Occidental Street and St. Andrew Place, as shown on Exhibit 10 attached hereto and incorporated herein by this reference. 11.5 Developer's Reimbursement Option. If Developer determines that City's timeline for completion of some or all of the off -site improvements to be completed by City pursuant to this Second Amendment may not result in completion prior to commencement of school operations, then Developer may, at its option, notify City in writing that Developer has elected to take over construction of some or all of such off -site improvements, in which case the following shall apply: (a) In the event Developer elects to undertake construction of some or all the off -site improvements pursuant to this Section 11.5, City shall reimburse Developer for all costs and expenses so incurred by Developer. Developer shall submit progress payment invoices to City for the actual costs of construction. Payment by City shall be within 30 days after receipt of each invoice, subject to City accounting procedures. Final payment shall occur after all off - site improvements being constricted by Developer are completed and accepted by the Executive Director of the Public Works Agency. (b) Bidding Requirements. SMRH:475724784.2 65A;-1 7 Developer shall enter into contracts for the constriction of any off -site improvements which Developer elects to construct. City shall approve the award of any such contract to the lowest responsible bidder. Developer's bid package shall: (i) Require use of prevailing wage rates for off -site pubic improvements; (ii) Use City approved bid package; (iii) Employ bidding process in accordance with City procedures per Santa Ana Municipal Code § 2 -805; (iv) Require that all change orders for off -site public improvements shall be approved in writing by the Executive Director of the Public Works Agency prior to the commencement of work; and (v) Provide that the bids shall be delivered under seal directly to City. Alternatively, should City and Developer jointly elect, the off -site public improvements maybe bid and contracted for using the "management contract method." Should Developer propose use of the management contract method for such improvements, it shall identify in writing a proposed management contractor. Upon receipt of this request, the Executive Director of the Public Works Agency shall review such proposal within three (3) working days. Should the parties choose to utilize the management contract method for construction of the off -site public improvements, the bidding requirements, as set forth above, shall be modified so that separate bids shall be submitted to City for each trade. The management contractor shall perform none of the construction itself unless it is awarded a separate contract therefore as the lowest responsible bidder in subsequent bidding under the procedures set forth above. (c) Constriction Requirements Developer shall carry out the design, construction and the operation of the off -site improvements in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State of California, the County of Orange, the City or any other political subdivision in which the Property is located, and any other political subdivision, agency, or instrumentality exercising jurisdiction over City, Developer or the Property, including all applicable federal, state and local occupation, safety and health laws, rules, regulations and standards, applicable state and labor standards, prevailing wage requirements, City zoning and development standards, City permit and approvals, building, plumbing, mechanical and electrical codes, as they apply to the off -site improvements, and all other provisions of City and its Municipal Code and all applicable disabled and handicap access requirements, including, without limitation, the Americans with Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq. and the Unruh Civil Rights Act, Civil Code § 51 et seq. (Governmental Requirements). Developer explicitly acknowledges that construction of the public off -site improvements shall be subject to the requirement that Developer shall pay "prevailing wage" rates pursuant to Labor Code § 1720 et seq. and that this standard shall constitute one of the Government Requirements. SMRH:4757247842 65W-1 8 Alcala, Abigail From: Terra Brett <terrabrett @gmail.corn> Sent: Saturday, May 14, 2016 10:42 AM 7o: !City Council Subject: Mater Dei to get city funding I just wanted to drop a line to tell you I am a homeowner in Santa Ana and I do not support the city giving any money to Mater Dei. We have much more important things to spend our scarce city funds on, I would be happy to contribute ideas I'd needed. Serve the city, not a private school. Terra Brett 65AA 9 Alcala, Abigail From: daniel ortega <deo513@gmaitcom> Sent: Saturday, May 14, 2016 10:45 AM To: !City Council Subject: Dont give in giving $$ To mater d,ei , no respect 65Ay20 Alcala, Abigail Prom: mashley1495 @yahoo.com Sent: Saturday, May 14, 2016 1:15 PM To: !City Council Subject: Mater Del Hopefully you guys don't do as Mater Del wants and fund for an expansion because that will not be fair to our community. As the article says, many don't even live in Santa Ana and taking away Santa Ana's property for them would be absurd. 65A -21 Alcala, Abigail From: Yana Minchaca <ym12am @gmai1.com> Sent: Saturday, May 14, 2016 1:37 PM To: !City Council Subject: MD Funding No! The public fanding is for the PUBLIC. Not a private school. I'm sorry but if they move out then so be it. Most of the kids axe from out of the city. No way in hell we should give them our money. Use it on school programs in Santa ana to keep the lids from joining gangs. We need It more than a parking lot. Think about it. 65A122 Alcala, Abigail From: cafeta630 <cafeta630 @yahoo.com> Sent: Saturday, May 14, 2016 5:58 PM To: !City Council Subject: No Funds For Mater Del My Dearest City Council, As a lifelong resident of Santa Ana, I feel that as representatives of our city you have gone too far. How can you even think of giving Mater Dei 2.5 million dollars!!! Our own public schools can use that money! Mater Dei can afford to pay for it themselves. As MX representatives, I ask that you DO NOT give Mater Dei any money!! 1! Sincerely and extremely aggravated, Omar Dominguez cafeta,630@vahoo.co Sent on a Sprint Samsung Galaxy Note 13 654 -23 Alcala, Abigall From: Oralia Gomez <yayagomz @gmail.com> Sent: Saturday, May 14, 2016 7:16 PM To: !City Council Subject: Mater Doi Expansion- make the right choice I feel saddened to know that there is even a city counsel meeting being held to address this expansion for Mater Del. Being a Santa Ana resident, and being one of the student whom completed my education in the public schools, it angers me to know that a private, very profitable school has even asked the city to pay for it. Our public SAUSD are the ones who really need this money, and there should not be a reason as to why the city should even fund this project. I'm sure if you rounded up a small group of parents of the children that have attended and currently attend Mater Del, they would complete the millions being asked. I hope the city council thinks of this the right way and mattes the CORRECT decision, and give the money to the people who REALLY DO need it. Thanks. 65AL24 Alcala, Abigail From: carolyn.hoerling@gmail.com Sent: Sunday, May 15, 2016 7:39 PM To: !City Council Subject: Mater Del I am voting "NO" on funding Mater Del as this is a private school and they should fund the expenditures, not the taxpayers /citizens of Santa Ana. Thank you I Sent from my Whone 65AE -25 Alcala, Abigail I� From: Jacinta Garcia < jacintaegarcia@gmail.com> Sent: Sunday, May 15, 2016 11:15 PM To: !City Council Subject: NO to $2.5M to Mater Dei Strongly oppose Santa Ana to pay for their parking structure! That's the most ridiculous idea. Sent from my !Phone 65A126 Alcala, Abigail Prom: Lopez, Saida <SLopez2 @css.ccgov.com> Sent: Monday, May 16, 2016 11:01 AM To:. !City Council Subject: Matter Dei High School - $2.5 million dollar request Importance: High Hello, I strongly disagree with spending the city of Santa Ana to pay for the cost of this private high school. Most of their students do NOT reside in Santa Ana; therefore it should be funded by their cities. If they decide to move, Santa Ana can definitely benefit from having a charger school and another fundamental school in this same location. Thank you Saida Lopez Santa Ana Parent (714) 610 -5850 65A-27 Alcala, Abigail From: Elizabeth Connolly <econnolly @jhrep.com> Sent: Monday, May 16, 2016 1:17 PM To: !City Council Subject: Mater Dei Parking Issue Why should taxpayers pay for a parking structure on a private school? Don't they get enough tax breaks? This does not benefit every community tax payer in Santa Ana nor any household that does not send their child to that school. 65A.;28 Alcala, Abigail From: Cavazos, David Sent: Monday, May 16, 2016 11:52 AM To: Garcia, Jorge (CMO); City Council; EMT; Huizar, Maria Cc: Connie Hamilton (connect -to- council @earthlinl(.net) Subject: FW: Mater Dei Attachments: Co n nect2Cou ncil Log c.g if Jorge, please call Connie and answer her questions, would be happy to tall< to her. The City council report has a lot of information. Thank you.david David Cavazos / City Manager City of Santa Ana 20 Civic Center Plaza, M31 / Santa Ana, CA 92701 From; Huizar, Maria Sent: Monday, May 16, 2016 10:37 AM To: Cavazos, David Subject: Fwd: Mater Del David, not sure who you want to assign this too to send Ms. Hamilton information on Mater Dei matter. Begin forwarded message: From: Connie Hamilton scoma.ect -to- council Qearthlinlc.net> Date: May 16, 2016 at 9:35:58 AM PDT To: "Huizar, Maria" <MHuizar @santa- ana.or > Subject: Mater Dei Maria, I saw this and I am trying to got the straight information: https : / /m.facebook.coin/storyphp ?story fbid= 10153685562103391 &id = 126268383390 &connne nt id= 10153685953903391&notif t= like& notif_id= 1463259822579850&ref =m notif Who knows the real story regarding what Mater Doi is asking, or is this dollar amount request indeed ti Lie? Thanks, Connie 714 -745 -1692 65At -29 Alcala, Abigail �a From: Sent: To: Subject: Attachments: This is the last one so far, Mitre - Ramirez, Norma Tuesday, May 17, 2016 12:49 PM Alcala, Abigail FW: ECOMMENT - Council Agenda Item #65 B 2016 May 16 Re Mater Del Funding.docx From: Huizar, Maria Sent: Monday, May 16, 2016 5:59 PM Cc: Cavazos, David; eComment Subject: ECOMMENT - Council Agenda Item #65 B Mayor and City Council, Letter of opposition receiver,) on Mater Del item, for your review and consideration. From: bob! keenan [mailto,;fcasca94 maiLcom] Sent: Monday, May 16, 2016 5:53 PM To: Huizar, (Maria <MHuiear @santa- ana.ofg> Subject: Council Agenda Item #65 B Hello Maria, I am not able to attend the Council Meeting tomorrow night. Please share my attached opinion with the Council Members and City Manager. Thank you so much. bobi keenan 919 Louise St. Santa Ana, CA 92703 65A130 919 Louise Street Santa Ana, CA 92703 16 May 2016 Re: 17 May 2016 Council Agenda Item #65B Dear Council Members and City Manager Cavazos, I am Catholic, I am American. I believe in the principle of separation of Church and State. But, I do not think it is inappropriate for a community to appropriate funds to private schools so long as that money does not support the religious, ideological or academic mission of the institution. Mater Del High School has always contributed and continues to contribute to our City in tangible ways of public service, It also contributes in intangible ways. As an institution known for academic excellence, it is an asset to Santa Ana. Mater Del graduates almost all of its students -our local public high schools do not compare favorably in this regard. Mater Del graduates are very likely to become productive members of their local communities and many of them come from families who have deep roots in Santa Ana, so they have good reasons to return here after pursuing higher education, where they continue to provide a positive financial and social presence to Santa Ana. All that being said, I DO NOT THINK THIS PROPOSAL IS IN THE BEST INTERESTS OF THE PEOPLE OF SANTA ANA. It is just too much money and it looks to me like the bulk of their, admittedly desirable and probably needed, plans for expansion would be placed on the backs of Santa Ana taxpayers. I don't believe this expenditure is proportional to the benefit that tax payers would receive. I CAN support some City funding, for the reasons I have cited above, but not at this magnitude. Sincerely, Bobi Keenan 65A -31 Alcala, Abigail From: Lydia Picasso <lydiapicasso @gmail.com> Sent: Sunday, May 15, 2016 10:48 PM To: !City Council Subject: Mater Dei Expansion I completely support the expansion and contribution to Mater Dei by the City of Santa Ana. I was born and raised in Santa Ana. I attended Mater Dei. I came from low income family and l know ALOT of students who also went to Mater Dei on scholarships based on needbase. IF 1 would have not been given the opportunity and scholarships there is absolutely NO WAY 1 would have obtained the level of education 1 did at Mater Dei, nor would 1 have become the attorney 1 am today. Yes, some will argue that only a select few go there but that is because they or their parents do not reach out and apply. Theres always been the argument that money should go to other schools in Santa Ana but who? OSHA - who is heavily funded by the Samuelie Foundation? Santa Ana High who recently received a HUGE donation from Olmos? Segerstrom, Century High School do not need the funding. Why not give it to the high school that will generate the most prestige, income, and opportunities for the City? 1) Bringing consumers to local SA business that would not otherwise come here to consume; 2) Allow for the City of Santa ana to receive nationwide recognition via the school i.e. sports, media, etc 3) Give Santa Ana residents the opportunity to choose where they want to be educated; 4) Continue to give Santa Ana residents the opportunity to receive ahigh calibur education that they would not otherwise be able to obtain if it wasn't for low income scholarships for SA residents, S) Maintain the tradition in the City, 6) And lastly, allow Mater Dei to educate SA residents that will be tomorrows SA leaders!!! 65A.&32 Alcala, Abigail From: Huizar, Maria Sent: Friday, May 27, 2016 12:47 PM Cc: Cavazos, David; Carvalho, Sonia R.; Mousavipour, Fred Subject: ECOMMENT - Mater Dei High School Agreement Appendix Mayor and City Council, We are in receipt of the following communication on the matter scheduled for June 7"'. The letter will be included in the Agenda packet as part of the record. Thank you. From: Cavazos, David Sent: Friday, May 27, 2016 12:39 PM To: 'Edward Poettgen' <ed poettgen @msn.com >; Pulido, Miguel <MPulido @santa- ana.ore> Cc: Huizar, Maria <MHuizar @santa- ana.org> Subject: RE: Mater Dei High School Agreement Appendix Thank you Pastor Poettgen, I have copied our City Clerk Huizar who will make this email below part of the official record and make sure all the City Council members receive a copy of your thoughts and recommendations regarding Mater Dei High School. david David Cavazos / City Manager City of Santa Ana 20 Civic Center Plaza, M31 / Santa Ana, CA 92701 From: Edward Poettgen [mailto:ed poettgenCa)msn.com] Sent: Thursday, May 26, 2016 12:15 PM To: Pulido, Miguel Cc: Cavazos, David Subject: Mater Dei High School Agreement Appendix Dear Miguel A. Pulido, I was present at the last City Council Meeting and joined in applauding the Escalante family in their 50 years as a business in Santa Ana. And I applaud you as Mayor in dealing with all the issues found on your full Agenda. I may not make it to the next City Council Meeting where an issue 65B regarding Mater Dei High School was continued but wanted to share my thoughts and recommendation. Founded in 1950, 1 am a proud graduate (Class of 1972) and applauded Mater Dei's decision to stay in Santa Ana back when many voices were encouraging them to leave. 65A -33 I applaud Mater Dei's continued efforts to invest in the development of a high quality Center of Education whose notoriety nationwide reflects back on our City of Santa Ana and the commitment to excellence. I applaud Mater Dei's commitment to ensure that our families from our schools and neighborhoods in Santa Ana have a chance to send their children to Mater Dei through its robust Tuition Assistance Program. As Pastor of Immaculate Heart of Mary Church on McFadden & Center St. I can testify for many of our families. I applaud the City of Santa Ana for its work with Mater Dei in the cooperation around the widening of Bristol St., the addressing of neighborhood parking issues and the new construction of facilities and playing fields that has transformed the M.D. Campus into something that we can all take pride. As we continue towards future projects together I encourage our City of Santa Ana to guarantee the funding of the Agreement Appendix that has been previously set. I am confident that you and your colleagues will determine how best to fulfill the City of Santa Ana's commitment and assign which year's City Budget timeframe best fits our common good in this City of Santa Ana. With best regards, Rev Edward Poettgen Pastor of Immaculate Heart of Mary Church (Established in 1958 and named in 1960) This email and any files or attachments transmitted with it may contain privileged or otherwise confidential infonnation. If you are not the intended recipient, or believe that you may have received this communication in error, please advise the sender via reply email and immediately delete the email you received. 65A'-34 Mitre - Ramirez, Norma From: Huizar, Maria Sent: Thursday, June 02, 2016 2:12 PM To: eComment Subject: Mater Dei Comments for the record. From: Kathleen Kelly [mailto:kathpkelly6 @gmail.com] Sent: Thursday, June 2, 2016 1:46 PM To: Pulido, Miguel <MPulido @ santa- ana.org> Cc: Huizar, Maria <MHuizar @santa- ana.org >; Cavazos, David <DCavazos @santa- ana.org >; Sarmiento, Vicente <VSarmiento @santa- ana.org>; Martinez, Michele <MiMartinez @santa- ana.org >; Amezcua, Angelica <AAmezcua @santa- ana.org >; Benavides, David <DBenavides @santa- ana.org >; Reyna, Roman <RReyna @santa- ana.org >; Tinajero, Sal <STinajero @santa - ana.org> Subject: Dear Mayer Miguel Pulido and Santa Ana City Council Members, My name is Kathleen Kelly and I am a Santa Ana resident, a Mater Dei High School Graduate, Class of 1994 and a current Mater Dei High School employee. I will be in attendance at the upcoming June 7 SA City Council Meeting but I wanted to ensure you that you have residential support of the upcoming vote for the amendment to the Mater Dei High School Development Agreement on the docket that evening. As the youngest child or six Mater Dei graduates, I have been around this school for nearly my entire life. My oldest brother began his freshman year at MDHS when I was just 2 years old and I began working at Mater Dei the summer after my college graduation. This school truly is a family. A family that supports students through millions of dollars of need -based financial aid each school year. Much of which is awarded to Santa Ana residents. This familiar spot at the corner of Bristol and Edinger has been a beacon in this great city for 65 years. About 27,000 MDHS graduates have walked these halls in Santa Ana. Mater Dei's commitment to remaining in Santa Ana and it's commitment to the students of Santa Ana is amazing. As you well know, there were numerous opportunities for MDHS to move elsewhere in Orange County but MD has continued to invest in our city and our residents and remains one of the best high schools in the country, right here at Bristol and Edinger. The partnership of the school and the City through the robust redevelopment of the campus has been fantastic. With the final phase just around the corner, I urge you to continue that partnership by guaranteeing fiscal support of the public works portions of the upcoming parking structure construction. Thank you for your time, Kathleen Kelly Santa Ana West Floral Park Resident 65A -35 65A -36 REQUEST FOR COUNCIL ACTION � / 6T CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: CLERK OF COUNCIL USE ONLY: APPROVED {STRATEGIC PLAN NO. 3,21 CITY MANAGIR' RECOMMENDED ACTION CONTINUED TO FILE NUMBER Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax - exempt bond financing by the California Municipal Finance Authority on behalf of the Nova Academy Children's Foundation, Inc., for the benefit of NOVA Academy Early College High School, to finance the costs of (a) acquiring land and education and related facilities located at 500 W. Santa Ana Blvd., City of Santa Ana, County of Orange, California, for use by Nova Academy Early College High School, currently serving students in grades 9 -12; (b) funding a debt service reserve fund for the Bonds; (c) paying capitalized interest on the Bonds; and (d) paying certain Bond issuance expenses (collectively, the "Project "). 2. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $19,000,000 (the "Bonds ") for the purpose of financing or refinancing the acquisition, construction and improvement of certain educational facilities. DISCUSSION The proceeds of the Bonds will be used by Nova Academy Facilities, LLC (the "Borrower"), the sole member of which is the Nova Academy Children's Foundation, Inc., (the "Foundation "), for the benefit of Nova Academy Early College High School (the "Lessee'), pursuant to a plan of financing for the Project, as defined above, in the approximate amount of $19,000,000 to finance the costs of (a) acquiring land and education and related facilities located at 500 W. Santa Ana Blvd., City of Santa Ana, County of Orange, California (the "Facilities "), for use by Nova Academy Early College High School, currently serving students in grades 9 -12; (b) funding a debt service reserve fund for the Bonds; (c) paying capitalized interest on the Bonds; and (d) paying certain Bond issuance expenses. 75A -1 ❑ As Recommended PUBLIC HEARING ON ISSUANCE OF TAX EXEMPT ❑ As Amended ❑ Ordinance on Reading BONDS FOR THE BENEFIT OF NOVA ACADEMY El Ordinance on 2 Reading EARLY COLLEGE HIGH SCHOOL AND RESOLUTION ❑ Implementing Resolution APPROVING THE ISSUANCE OF BONDS ❑ Set Public Hearing For {STRATEGIC PLAN NO. 3,21 CITY MANAGIR' RECOMMENDED ACTION CONTINUED TO FILE NUMBER Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax - exempt bond financing by the California Municipal Finance Authority on behalf of the Nova Academy Children's Foundation, Inc., for the benefit of NOVA Academy Early College High School, to finance the costs of (a) acquiring land and education and related facilities located at 500 W. Santa Ana Blvd., City of Santa Ana, County of Orange, California, for use by Nova Academy Early College High School, currently serving students in grades 9 -12; (b) funding a debt service reserve fund for the Bonds; (c) paying capitalized interest on the Bonds; and (d) paying certain Bond issuance expenses (collectively, the "Project "). 2. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $19,000,000 (the "Bonds ") for the purpose of financing or refinancing the acquisition, construction and improvement of certain educational facilities. DISCUSSION The proceeds of the Bonds will be used by Nova Academy Facilities, LLC (the "Borrower"), the sole member of which is the Nova Academy Children's Foundation, Inc., (the "Foundation "), for the benefit of Nova Academy Early College High School (the "Lessee'), pursuant to a plan of financing for the Project, as defined above, in the approximate amount of $19,000,000 to finance the costs of (a) acquiring land and education and related facilities located at 500 W. Santa Ana Blvd., City of Santa Ana, County of Orange, California (the "Facilities "), for use by Nova Academy Early College High School, currently serving students in grades 9 -12; (b) funding a debt service reserve fund for the Bonds; (c) paying capitalized interest on the Bonds; and (d) paying certain Bond issuance expenses. 75A -1 TEFRA Public Hearing for Nova Academy Early College High School June 7, 2016 Page 2 The Project and Facilities are to be owned and operated by the Borrower, the sole member of which is the Foundation, a corporation solely organized and existing under the laws of the State of California and described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the benefit of the Lessee. The Borrower has requested the assistance of the California Municipal Finance Authority (the "Authority "). The Authority, which was established in 2004, was formed to assist local governments and non - profit organizations and businesses with the issuance of taxable and tax exempt bonds with the goal to promote economic, cultural, and community development. The City is a member of the Authority. However, in order for all or a portion of the Bonds to qualify as tax - exempt bonds, the City must conduct a public Tax Equity and Fiscal Responsibility Act Hearing (the "TEFRA Hearing ") providing for the members of the community an opportunity to speak in favor of or against the use of tax - exempt bonds for the financing of the Project. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project, in this case the City Council, must provide its approval of the issuance of the Bonds by the Authority for the financing of the Project. The Bonds to be issued by the Authority are the sole responsibility of the Borrower. The City has no financial or legal liability for the project or repayment of the Bonds, and the Bonds do not constitute any type of indebtedness for the City. 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 The Authority shares 25 percent of all issuance fees directly with its member communities. With respect to the City of Santa Ana, it is expected that 25 percent of all issuance fees for this project attributable to the City will be granted by the Authority to the City. Upon receipt, the funds will be deposited in the Micellaneous Revenues, Miscellaneous Recoveries Revenue Account (no. 01102002 - 57010). Robert Cortez Special Assistant to the City Manager City Manager's Office Exhibits: 1. Public Notice 2. TEFRA Resolution APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez 00 Executive Director Finance & Management Services Agency 75A -2 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on June 7, 2016 a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 will be held by the City of Santa Ana (the "City ") with respect to the proposed issuance by the California Municipal Finance Authority (the "Authority ") of its revenue bonds in one or more series in an aggregate principal amount not to exceed $19,000,000 (the `Bonds "). The proceeds of the Bonds will be used by Nova Academy Facilities, LLC (the "Borrower "), the sole member of which is the Nova Academy Children's Foundation, Inc., (the "Foundation "), for the benefit of Nova Academy Early College High School (the "Lessee "), pursuant to a plan of financing for the Project, as defined above, in the approximate amount of $19,000,000.00 to finance the costs of (a) acquiring land and education and related facilities located at 500 W Santa Ana Blvd., City of Santa Ana, County of Orange, California (the "Facilities "), for use by the Nova Academy Early College High School, currently serving students in grades 9 -12; (b) funding a debt service reserve fund for the Bonds; (c) paying capitalized interest on the Bonds; and (d) paying certain Bond issuance expenses. The Project and Facilities are to be owned and operated by the Borrower, the sole member of which is the Foundation, a corporation solely organized and existing under the laws of the State of California and described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, for the benefit of the Lessee. The Borrower has requested the assistance of the California Municipal Finance Authority ( "Authority "). The Authority, which was established in 2004, was formed to assist local governments and non -profit organizations and businesses with the issuance of taxable and tax exempt bonds with the goal to promote economic, cultural, and community development. The City is a member of the Authority. However, in order for all or a portion of the Bonds to qualify as tax - exempt bonds, the City must conduct a public Tax Equity and Fiscal Responsibility Act Hearing (the " TEFRA Hearing ") providing for the members of the community an opportunity to speak in favor of or against the use of tax- exempt bonds for the financing of the Project. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project, in this case the City, must provide its approval of the issuance of the Bonds by the Authority for the financing of the Project. The Bonds to be issued by the Authority are the sole responsibility of the borrower. The City has no financial or legal liability for the project or repayment of the Bonds, and the Bonds do not constitute any type of indebtedness for the City. The Bonds and the obligation to pay principal of and interest thereon and any redemption premium with respect thereto do not constitute indebtedness or an obligation of the Authority, the State of California or any political subdivision thereof, within the meaning of any constitutional or statutory debt limitation, or a charge against the general credit or taxing powers of any of them. The Bonds shall be a limited obligation of the Authority, payable solely from certain revenues duly pledged therefor and generally representing amounts paid by the Borrower. The hearing will commence at 5:30 p.m. or as soon thereafter as the matter can be heard, and will be held in the City Hall Council Chamber of the City of Santa Ana, 22 Civic Center Plaza, Santa Ana, California 92701. Interested persons wishing to express their views on the issuance of the fV%RA TJ Bonds or on the nature and location of the facilities proposed to be financed may attend the public hearing or, prior to the time of the hearing, submit written comments to the Cleric of the Council at the address indicated below. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, Clerk of the Council, City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701. Dated: May 24, 2016 010 -8178- 1561/5 /AMERICAS 75A -4 RESOLUTION NO, 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF REVENUE BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY IN ONE OR MORE SERIES IN A MAXIMUM AMOUNT OF $19,000,000 FOR THE PURPOSE OF FINANCING THE ACQUISITION OF CERTAIN FACILITIES FOR THE BENEFIT OF NOVA ACADEMY CHILDREN'S FOUNDATION OR AN AFFILIATE THEREOF WHEREAS, pursuant to Chapter 5 of Division 7 of Title I of the Government Code of the State of California (the "Act "), certain public agencies (the "Members ") have entered into a Joint Exercise of Powers Agreement Relating to the California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement ") in order to form the California Municipal Finance Authority (the "Authority "), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of Santa Ana, California (the "City "), is a Member of the Authority; and WHEREAS, the Authority is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, NOVA Academy, a California nonprofit public benefit corporation ( "NOVA "), has applied for financing corder the Act, for the purpose of financing the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and equipping of certain charter school educational facilities to be owned by NOVA Academy Facilities, LLC, a California limited liability company (the "Borrower "), the sole member of which is Nova Academy Children's Foundation, Inc., a California nonprofit public benefit corporation (the "Foundation "), and leased to NOVA (the "Lessee ") for the use and occupancy of NOVA Academy Early College High School, a charter school established pursuant to the Charter Schools Act of 1992 (Part 26,8 of Division 4 of Title 2 of the Education Code); and WHEREAS, the Lessee has requested that the Authority issue and sell revenue bonds in the maximum principal amount of $19,000,000.00 (the "Bonds ") in one or more series for the purpose of making a loan to the Borrower to finance the costs of (a) acquiring land and education and related facilities located at 500 4B Santa Ana Blvd., City of Santa Ana, County of Orange, California (the "Facilities "), for use by the Lessee, currently serving students in grades 9 -12; (b) funding a debt service reserve fund for the Bonds; (c) paying capitalized interest on the Bonds; and (d) paying certain Bond issuance expenses (collectively, the "Project "); and WHEREAS, the Borrower will lease the Facilities to the Lessee pursuant to a. Lease Agreement dated as of August 1, 2016 (or such other data as approved by the Authority) (the "Lease "); and WHEREAS, Section 4 of the Agreement provides that the Authority shall not issue bonds with respect to any project located in thejuuisdiction of one or more member agencies unless the governing body of any such member, or its duly authorized representative, shall approve, conditionally or unconditionally, the project, including the issuance of bonds therefor; and I id WHEREAS, the Authority has requested that the City Council of the City of Santa Ana approve the issuance of the Bonds by the Authority in order to satisfy the requirements of Section 4 of the Agreement; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the issuance of the Bonds by the Authority for the aforesaid purposes; and WHEREAS, the City Council has, following notice duly given, held a public hearing regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, AS FOLLOWS; Section 1. The foregoing resolutions are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the issuance of the Bonds in accordance with Section 4 of the Agreement, Section 3. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. Section 4. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire, rehabilitate or improve the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. Section 5. The authorized signatories, the City Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. Section 6. The Clerk shall forward a certified copy of this Resolution to the Authority in care of its counsel: Ronald E. Lee, Esq. Jones Hall 650 California Street, 181h Floor San Francisco, CA 94108 Section 7. This resolution shall take effect immediately upon its passage. 75A -6 ADOPTED by the City Council of the City of Santa Ana at a regular meeting of the City Council hold on the day of 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: John .Funk Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. I-IUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on June 7, 2016. Cleric of the Council City of Santa Ana 3 75A -7 75A -8 • • CITY COUNCIL MEETING DATE. JUNE 7, 2016 TITLE: PUBLIC HEARING ON ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ORANGE COUNTY SCHOOL OF THE ARTS {STRATEGIC PLAN NO. 2,4) 2, / z.- ?w CITY MANAGE •' r r � s CLERK OF COUNCIL USE ONLY: ...e k ❑ As Recommended ❑ As Amended ❑ Ordinance on let Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) hearing in consideration of issuance of tax - exempt obligations by the California Enterprise Development Authority for the purpose of financing and refinancing school facilities located in Santa Ana, California for the benefit of Orange County School of the Arts, The Legacy Fund and /or The Opus Fund, LLC. 2. Adopt a resolution approving the issuance of the tax - exempt obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed Fifty - Five Million Dollars ($55,000,000) for the purpose of financing and refinancing school facilities located in Santa Ana, California for the benefit of Orange County School of the Arts, The Legacy Fund and /or The Opus Fund, LLC. DISCUSSION Orange County School of the Arts, a California nonprofit public benefit company (the "School "), and The Legacy Foundation, a California nonprofit public benefit corporation ( "Legacy Fund "), and The Opus Fund, LLC, a California nonprofit public benefit corporation (collectively, and together with any affiliate thereof or successor thereto, the "Borrowers "), have requested that the California Enterprise Development Authority (the "Authority ") issue revenue obligations in the maximum principal amount of $55,000,000 (the "Obligations ") for the purpose of making one or more loans to the Borrowers, to enable the Borrowers to finance and refinance the cost of acquisition, construction, development, renovation, furnishing and equipping of school facilities located at 800 North Bush Street, 801 North Main Street, 902 North Main Street, 906 North Main Street, 1000 North Main Street, 1010 North Main Street, 1018 North Main Street, 1104 North Main Street, 1107 North Main Street, 1110 North Main Street, 123 East 11th Street, 900 North 75B -1 TEFRA Public Hearing For Orange County School of Arts June 7, 2016 Page 2 Sycamore Street, 912 North Sycamore Street, 921 North Sycamore Street, 839 North Broadway, 843 North Broadway, 845 North Broadway, 915 North Broadway, 919 North Broadway, 201 West Washington Avenue, and 207 West Washington Avenue, Santa Ana, California (the "Facilities "). A portion of the proceeds of the Obligations will be used to pay costs of issuance in connection with the financing. The Borrowers own and operate the Facilities as a charter school pursuant to the Charter School Act of 1992, as amended (constituting Part 26.8 of Division 4 of Title 2 of the Education Code). The Legacy Fund's mission includes supporting the School in its mission to provide a creative, challenging and nurturing environment for students that prepares them for higher education and a profession in the arts. Established in 1987, the School currently serves more than 2,100 students in grades 7 through 12 from more than 100 cities throughout Southern California. The School provides a six year comprehensive academic and conservatory arts program and is committed to excellence, innovation, professionalism and integrity. Students attend five hours of rigorous academic classes in addition to three hours of daily arts instruction. The School fosters a nurturing environment of creativity, respect, and collaboration with a commitment to life -long artistic and scholarly development. The City of Santa Ana is an associate member of the Authority, a joint powers agency established by the California Association for Local Economic Development whose purpose is to issue tax - exempt and taxable conduit revenue bonds to fund commercial and industrial development projects within member jurisdictions. The Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California and Internal Revenue Code Section 145 provide for the issuance of tax - exempt "private activity" obligations by a conduit governmental issuer on behalf of a 501(c)(3) corporation to finance facilities used, owned and /or operated by such entity. For interest on such private activity obligations to be tax - exempt, Section 147(f) of the Internal Revenue Code requires, among other things, the obligations and the facilities financed thereby must be approved by both the governmental unit which will issue the obligations (in this case, the Authority) and the governmental unit in which the obligation- financed facilities are located (City of Santa Ana). Further, a public hearing, for which reasonable notice has been given, must be held. This hearing and process is referred to as TEFRA, after the Tax Equity and Fiscal Responsibility Act of 1982. The assets to be financed and refinanced with the proceeds of the Obligations are located within the jurisdiction of the City. Therefore, the City has been asked to conduct the public hearing, and to approve the Obligations as the host governmental unit. The City has effectuated proper notice of the hearing via publication at least 14 days in advance. 75B -2 TEFRA Public Hearing For Orange County School of Arts June 7, 2016 Page 3 The Obligations will be payable solely from amounts received pursuant to the terms and provisions of one or more loan agreements to be executed by the Authority and the Borrowers. The City will not be a party to any loan agreement or any other documents in connection with the issuance of the Obligations. The Obligations will not be secured by any form of taxation or by any obligation of either the City or the Authority. Neither will the Obligations represent or constitute a general obligation of either the City or the Authority. As announced in the published notice, the TEFRA hearing is an opportunity for all interested persons to speak or to submit written comments concerning the proposal to issue the Obligations to finance and refinance the Facilities. There is no requirement that either the Borrowers or the City Council respond to any specific comments made or submitted at the hearing. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #2 — Youth, Education, Recreation, Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT The City's approval of this financing bears with it no cost or other financial obligation, but serves as a public acknowledgement of the financing and refinancing of the Facilities by the host jurisdiction. Robert C. Cortez Special Assistant to the City Manager City Manager's Office Exhibits: 1. Public Notice 2. TEFRA Resolution 75B -3 75B -4 NOTICE OF PUBLIC HEARING PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, FOR THE FINANCING AND REFINANCING OF CERTAIN FACILITIES FROM THE SALE OF TAX - EXEMPT OBLIGATIONS NOTICE IS HEREBY GIVEN that at 5:45 p.m., or as soon thereafter as the matter may be heard, on June 7, 2016, in the City Hall Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701, the City of Santa Ana City Council (the "City Council ") will conduct a public hearing (the "Public Hearing ") at which the City Council will hear and consider information concerning the issuance, from time to time, pursuant to a plan of finance, of one or more series of tax- exempt obligations by the California Enterprise Development Authority (the "Issuer ") in an aggregate principal amount not to exceed Fifty -Five Million Dollars ($55,000,000) (the "Obligations "). Proceeds of the Obligations will be loaned to Orange County School of the Arts, a California nonprofit public benefit corporation (the "School "), The Legacy Fund, a California nonprofit public benefit corporation and /or The Opus Fund, LLC, a California limited liability company (collectively, and together with any affiliate thereof or successor thereto, the "Borrowers "), pursuant to one or more loan agreements (the "Loan Agreements "). The Borrowers plan to use the proceeds of the Obligations to finance and refinance the cost of acquiring, constructing, installing, improving, equipping and furnishing the Borrowers' educational and related facilities located at 800 North Bush Street, 801 North Main Street, 902 North Main Street, 906 North Main Street, 1000 North Main Street, 1010 North Main Street, 1018 North Main Street, 1104 North Main Street, 1107 North Main Street, 1110 North Main Street, 123 East 11th Street, 900 North Sycamore Street, 912 North Sycamore Street, 921 North Sycamore Street, 839 North Broadway, 843 North Broadway, 845 North Broadway, 915 North Broadway, 919 North Broadway, 201 West Washington Avenue, and 207 West Washington Avenue, Santa Ana, California (collectively, the "Facilities "). The Facilities comprise the School's campus and include classrooms, a dance center, a technology center, two theaters, parking lots, administrative offices of the Borrowers, and other ancillary facilities. The Borrowers will also use a portion of the proceeds of the Obligations to pay certain costs of issuance in connection with the Obligations. The Facilities are owned and operated by the Borrowers in connection with their tax- exempt mission of providing a creative, challenging and nurturing environment for students that prepares them for higher education and a profession in the arts. The Obligations will be paid entirely from repayments by the Borrowers under the Loan Agreements. Neither the faith and credit nor the taxing power of the City of Santa Ana (the "City "), the Issuer and its members, the State of California (the "State "), or any other political corporation, subdivision or agency of the State is pledged to the payment of the principal of, premium, if any, or interest on, the Obligations, nor shall the City, the Issuer and its members, the State or any other political corporation, subdivision or agency of the State be liable or obligated to pay the principal of, premium, if any, or interest on, the Obligations. The Public Hearing is intended to comply with the public approval requirements of Section 147(f) of the Code. Those wishing to comment on the issuance of the Obligations, proposed nature and location of the Facilities or the plan of finance may either appear in person at the time and place indicated above or submit written comments, which must be received prior to the Public Hearing by the Clerk of the City, at City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701. Date: May 16, 2016 Exhibit 1 75B -5 75B -6 RESOLUTION NO. 2016 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF TAX- EXEMPT OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $55,000,000 TO FINANCE AND REFINANCE VARIOUS SCHOOL FACILITIES OWNED BY ORANGE COUNTY SCHOOL OF THE ARTS, THE LEGACY FUND, AND /OR THE OPUS FUND, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: WHEREAS, Orange County School of the Arts, a California nonprofit public benefit corporation (the "School "), The Legacy Fund, a California nonprofit public benefit corporation, and The Opus Fund, LLC, a California limited liability company (collectively, and together with any affiliate thereof or successor thereto, the "Borrowers'), have requested that the California Enterprise Development Authority; a joint exercise of powers agency established pursuant to the laws of the State of California (the "Authority") issue its tax- exempt obligations, from time to time pursuant to a plan of finance (the "Obligations "), in an aggregate principal amount not expected to exceed $55,0000,000, for the benefit of the Borrowers, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the "Act'), for the purpose of making one or more loans to the Borrowers to finance and refinance the cost of acquiring, constructing, installing, improving, equipping and furnishing school facilities located at 800 North Bush Street, 801 North Main Street, 902 North Main Street, 906 North Main Street, 1000 North Main Street, 1010 North Main Street, 1018 North Main Street, 1904 North Main Street, 1107 North Main Street, 1110 North Main Street, 123 East 11th Street, 900 North Sycamore Street, 912 North Sycamore Street, 921 North Sycamore Street, 839 North Broadway, 843 North Broadway, 845 North Broadway, 915 North Broadway, 919 North Broadway, 201 West Washington Avenue, and 207 West Washington Avenue, Santa Ana, California (collectively, the "Facilities "); and WHEREAS, a portion of the proceeds of the Obligations will be used to pay the costs of issuance in connection with such financing and refinancing and other related costs; and WHEREAS; the Borrowers own and operate the Facilities as a charter school, established pursuant to the Charter Schools Act of 1992, as amended (constituting Part 26.8 of Division 4 of Title 2 of the Education Code), for the purpose of furthering the School's mission of providing a creative, challenging and nurturing environment for students in grades 7 through 12 that prepares them for higher education and a profession in the arts; and 4820.3730 -15522 75B -7 WHEREAS, the City of Santa Ana (the "City ") is an associate member of the Authority; and WHEREAS, the issuance of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party; and WHEREAS, the Facilities are located wholly within the City; and WHEREAS, the interest on the Obligations may qualify for tax exemption under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code ") only if the Obligations are approved in accordance with Section 147(f) of the Code; and WHEREAS, the City Council of the City (the "Council') is the elected legislative body of the City and is the applicable elected representative required to approve the issue within the meaning of Section 147(f) of the Code; and WHEREAS, the Authority has requested the Council to approve the issuance of the Obligations in order to satisfy the public approval requirements of Section 147(f) of the Code; and WHEREAS, on May 24, 2016, the City caused a notice to appear in The Orange County Register, which is a newspaper of general circulation in the City, stating that a public hearing with respect to the issuance of the Obligations would be held by the Council on June 7, 2016; and WHEREAS, the Council held the public hearing described above on June 7, 2016, and an opportunity was provided for persons to comment on the issuance of the Obligations and the financing and refinancing of the Facilities; and WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the Council of the Facilities for any other purpose, including, but not limited to, compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.) ( "CEQA "); NOW, THEREFORE, BE IT RESOLVED, that the Council hereby finds and declares the above recitals are true and correct; and, be it Section 1. The Council hereby finds and determines that all of the recitals are true and correct. The Council hereby approves the issuance of the Obligations, from time to time pursuant to a plan of finance, by the Authority which Obligations may be tax - exempt and /or taxable as approved by the Authority in its resolution, in an amount not to exceed $55,000,000 to finance and refinance the cost of the Facilities. This resolution shall constitute "host" approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of the Act; provided, however, that this Resolution shall 75B -8 not constitute an approval including compliance thereof underlying credit or financial responsibility for the issua Obligations, the repayment Obligations. by the Council of the Facilities for any other purposes, with CEQA, nor does it constitute an approval of the structure of the Obligations. The City shall not bear any nce of the Obligations, the tax - exempt status of the of the Obligations or any other matter related to the Section 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the issuance of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the issuance of the Obligations and otherwise to effectuate the purposes of this Resolution. Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing for the Facilities; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Facilities; or (iii) make any contribution or advance any funds whatsoever to the Authority. Section 4. This Resolution shall take effect from and after its adoption. 75B -9 ADOPTED this _ day of June, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R, Carvalho City Attorney Ryan 0. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on June 2016. Date: Clerk of Council City of Santa Ana 11 75B -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: PUBLIC HEARING ON ISSUANCE OF OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY FOR THE BENEFIT OF ORANGEWOOD REAL PROPERTY AND SAMUELI ACADEMY (STRATEGIC PLAN NO. 2,4) CITY MANAGER 10_=Ke)617� 14il, �7:[�3�I�7►1 CLERK OF COUNCIL USE ONLY: _00:• .rr ❑ As Recommended ❑ As Amended ❑ Ordinance on I6� Reading ❑ Ordinance on 2 "a Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Conduct a Tax Equity and Financial Responsibility Act (TEFRA) hearing in consideration of issuance of tax - exempt obligations by the California Enterprise Development Authority for the purpose of financing and refinancing educational and related facilities located at 1901 and 1919 North Fairview Street, Santa Ana, California, for the benefit of Orangewood Real Property, LLC and Samueli Academy. 2. Adopt a resolution approving the issuance of the tax - exempt obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed Twelve Million Seven Hundred Fifty Thousand Dollars ($12,750,000) for the purpose of financing and refinancing educational and related facilities located at 1901 and 1919 North Fairview Street, Santa Ana, California, for the benefit of Orangewood Real Property, LLC and Samueli Academy. DISCUSSION Orangewood Real Property, LLC, a California limited liability company (the 'Borrower "), the sole member of which is the Orangewood Foundation, a California nonprofit public benefit corporation and an organization described under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code "), has requested that the California Enterprise Development Authority (the "Authority ") issue revenue obligations in the maximum principal amount of $12,750,000 (the "Obligations ") for the purpose of making a loan to the Borrower, to enable the Borrower to finance and refinance the cost of acquisition, construction, development, renovation, furnishing and equipping of educational and related facilities located at 1901 and 1919 North Fairview Street, Santa Ana, California (collectively, the "Facilities "). A portion of the proceeds of the Obligations will be used to pay costs of issuance in connection with the financing. 75C -1 TEFRA Public Hearing for Orangewood Real Property and Samueli Academy June 7, 2016 Page 2 The Borrower owns the Facilities and leases the Facilities to Samueli Academy (the "Academy'), a California nonprofit public benefit corporation and an organization described under Section 501(c)(3) of the Code. The Academy is a charter school established pursuant to the Charter Schools Act of 1992, as amended (constituting Part 26.8 of Division 4 of Title 2 of the Education Code). The Academy operates a high school at the Facilities, serving students in grades 9 through 12. A small portion of the Facilities is leased to Share Our Selves Corporation, a California nonprofit public benefit corporation and federally qualified health center. Share Our Selves Corporation operates an intermittent health clinic at the Facilities for the students of the Academy and their families. The Academy derives its name from its key benefactors, Henry and Susan Samueli. Henry and Susan Samueli are passionate philanthropists whose generosity extends throughout Orange County and worldwide. They are committed to investing in creative, sustainable and entrepreneurial approaches to promote scholastic achievement, build communities of acceptance and altruism, increase knowledge and opportunities, and enhance the quality of life of the underserved. They have provided significant, varied and ongoing support to the Academy for many years. The City of Santa Ana is an associate member of the Authority, a joint powers authority established by the California Association for Local Economic Development whose purpose is to issue tax - exempt and taxable conduit revenue bonds to fund commercial and industrial development projects within member jurisdictions. The Joint Powers Act, comprising Articles 1, 2, 3 and 4 of Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Government Code of the State of California and Internal Revenue Code Section 145 provide for the issuance of tax - exempt "private activity" obligations by a conduit governmental issuer on behalf of a 501(c)(3) corporation to finance facilities used, owned and /or operated by such entity. For interest on such private activity obligations to be tax - exempt, Section 147(f) of the Code requires, among other things, the obligations and the facilities financed thereby must be approved by both the governmental unit which will issue the obligations (in this case, the Authority) and the governmental unit in which the obligation- financed facilities are located (City of Santa Ana). Further, a public hearing, for which reasonable notice has been given, must be held. This hearing and process is referred to as TEFRA, after the Tax Equity and Fiscal Responsibility Act of 1982. The assets to be financed and refinanced with the proceeds of the Obligations are located within the jurisdiction of the City. Therefore, the City has been asked to conduct the public hearing, and to approve the Obligations as the host governmental unit. The City has effectuated proper notice of the hearing via publication at least 14 days in advance. The Obligations will be payable solely from amounts received pursuant to the terms and provisions of the loan agreement to be executed by the Authority and the Borrower. The City will not be a party to the loan agreement or any other documents in connection with the issuance of the Obligations. The Obligations will not be secured by any form of taxation or by any obligation of either the City or the Authority. The Obligations do not represent or constitute a general obligation of either the City or the Authority. 75C -2 TEFRA Public Hearing for Orangewood Real Property and Samueli Academy June 7, 2016 Page 3 As announced in the published notice, the TEFRA hearing is an opportunity for all interested persons to speak or to submit written comments concerning the proposal to issue the Obligations to finance and refinance the Facilities. There is no requirement that either the Borrower or the City Council respond to any specific comments made or submitted at the hearing. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #2 Youth, Education, Recreation, Objective #4 (Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents). FISCAL IMPACT The City's approval of this financing bears with it no cost or other financial obligation, but serves as a public acknowledgement of the financing and refinancing of the Facilities by the host jurisdiction. Robert C. Cortez Special Assistant to the City Manager City Manager's Office Exhibits: 1. Public Notice 2. TEFRA Resolution FETE TkA MIA 75C -3 75C -4 NOTICE OF PUBLIC HEARING PURSUANT TO SECTION 147(f) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, FOR THE FINANCING AND REFINANCING OF CERTAIN FACILITIES FROM THE SALE OF TAX - EXEMPT OBLIGATIONS NOTICE IS HEREBY GIVEN that at 5:45 p.m., or as soon thereafter as the matter may be heard, on June 7, 2016, in the City Hall Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701, the City of Santa Ana City Council (the "City Council') will conduct a public hearing (the "Public Hearing ") at which the City Council will hear and consider information concerning the issuance, from time to time, pursuant to a plan of finance, of one or more series of tax- exempt obligations by the California Enterprise Development Authority (the "Issuer ") in an aggregate principal amount not to exceed Twelve Million Seven Hundred Fifty Thousand Dollars ($12,750,000) (the "Obligations "). Proceeds of the Obligations will be loaned to Orangewood Real Property, LLC, a California limited liability company (or any affiliate thereof or successor thereto) (the "Borrower "), the sole member of which is the Orangewood Foundation, a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code "), pursuant to one or more loan agreements (the "Loan Agreement "). The Borrower plans to use the proceeds of the Obligations to finance and refinance the cost of developing, constructing, installing, improving, equipping and furnishing a high school campus on a 7.1 acre parcel of land located at 1901 and 1919 North Fairview Street, Santa Ana, California (the "Facilities "). The Borrower will also use a portion of the proceeds of the Obligations to pay certain costs of issuance in connection with the Obligations. The Facilities are owned by the Borrower and are leased by the Borrower to Samu h Academy, a California nonprofit public benefit corporation and a charter school, in connection with its tax- exempt mission of providing a quality education for students in grades 9 through 12. The Borrower also leases a portion of the Facilities located at 1901 North Fairview Street, Santa Ana, California to Share Our Selves Corporation, a California nonprofit public benefit corporation and federally qualified health center, which operates an intermittent healthcare clinic for the students of Samueli Academy and their families. The Obligations will be paid entirely from repayments by the Borrower under the Loan Agreement. Neither the faith and credit nor the taxing power of the City of Santa Ana (the "City "), the Issuer and its members, the State of California (the "State "), or any other political corporation, subdivision or agency of the State is pledged to the payment of the principal of, premium, if any, or interest on, the Obligations, nor shall the City, the Issuer and its members, the State or any other political corporation, subdivision or agency of the State be liable or obligated to pay the principal of, premium, if any, or interest on, the Obligations. The Public Hearing is intended to comply with the public approval requirements of Section 147(f) of the Code. Those wishing to comment on the issuance of the Obligations, proposed nature and location of the Facilities or the plan of finance may either appear in person at the time and place indicated above or submit written comments, which must be received prior to the Public Hearing by the Clerk of the City Council, at City of Santa Ana, 20 Civic Center Plaza, 8th Floor, Santa Ana, California 92701. Date: May 24, 2016 Exhibit 1 75C -5 75C -6 RESOLUTION NO. 2016 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $12,750,000 TO FINANCE AND REFINANCE VARIOUS SCHOOL FACILITIES OWNED BY ORANGEWOOD REAL PROPERTY, LLC BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: WHEREAS, Orangewood Real Property, LLC, a California limited liability company (the "Borrower'), the sole member of which is the Orangewood Foundation, a California nonprofit public benefit corporation and an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986 (the "Code "), has requested that the California Enterprise Development Authority, a joint exercise of powers agency established pursuant to the laws of the State of California (the "Authority ") Issue its tax - exempt obligations, from time to time pursuant to a plan of finance (the "Obligations "), in an aggregate principal amount not expected to exceed $12,750,000,' for the benefit of the Borrower, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State (commencing with Section 6500) (the "Act "), for the purpose of making one or more loans to the Borrower to finance and refinance the cost of constructing, installing, improving and equipping a high school campus located at 1901 and 1919 North Fairview Street, Santa Ana, California (the "Facilities "); and WHEREAS, a portion of the proceeds of the Obligations will be used to pay the costs of issuance in connection with such refinancing and other related costs; and WHEREAS, the Borrower owns the Facilities and leases the Facilities to Samueli Academy, a California nonprofit public benefit corporation and a charter school established pursuant to the Charter Schools Act of 1992, as amended (constituting Part 26.8 of Division 4 of Title 2 of the Education Code), which will operate the Facilities for the purpose of furthering its mission of providing a quality education for students in grades 9 -12; and WHEREAS, the City of Santa Ana (the "City ") is an associate member of the Authority; and WHEREAS, the issuance of the Obligations shall be subject to the approval of and execution by the Authority of all financing documents relating thereto to which the Authority is a party; and WHEREAS, the Facilities are located wholly within the City; and [h1R� WHEREAS, the interest on the Obligations may qualify for tax exemption under Section 103 of the Code only if the Obligations are approved in accordance with Section 147(f) of the Code; and WHEREAS, the City Council of the City (the "Council') is the elected legislative body of the City and is the applicable elected representative required to approve the issue within the meaning of Section 147(f) of the Code; and WHEREAS, the Authority has requested the Council to approve the issuance of the Obligations in order to satisfy the public approval requirements of Section 147(f) of the Code; and WHEREAS, on May 24, 2016, the City caused a notice to appear in The Orange County Register, which is a newspaper of general circulation in the City, stating that a public hearing with respect to the issuance of the Obligations would be held by the Council on June 7, 2016; and WHEREAS, the Council held the public hearing described above on June 7, 2016, and an opportunity was provided for persons to comment on the issuance of the Obligations and the financing and refinancing of the Facilities; and WHEREAS, it is intended that this Resolution shall comply with the public approval requirements of Section 147(f) of the Code; provided, however, that this Resolution is neither intended to nor shall it constitute an approval by the Council of the Facilities for any other purpose, including, but not limited to, compliance with the California Environmental Quality Act (California Public Resources Code, Section 21100, et seq.) ( "CEQA "); NOW, THEREFORE, BE IT RESOLVED, that the Council hereby finds and declares the above recitals are true and correct; and, be It further resolved as follows: Section 1. The Council hereby finds and determines that all of the recitals are true and correct. The Council hereby approves the issuance of the Obligations by the Authority which Obligations may be tax - exempt and /or taxable as approved by the Authority in its resolution, in an amount not to exceed $12,750,000 to finance and refinance the cost of the Facilities. This resolution shall constitute "host' approval of the issuance of the Obligations within the meaning of Section 147(f) of the Code and shall constitute the approval of the issuance of the Obligations within the meaning of the Act; provided, however, that this Resolution shall not constitute an approval by the Council of the Facilities for any other purposes, including compliance thereof with CEQA, nor does it constitute an approval of the underlying credit or financial structure of the Obligations. The City shall not bear any responsibility for the issuance of the Obligations, the tax - exempt status of the Obligations, the repayment of the Obligations or any other matter related to the Obligations. 2 201735,2 036652 RSIND 75C -8 Section 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the approval of the issuance of the Obligations are hereby approved, confirmed and ratified, and the officers and employees of the City and their authorized deputies and agents are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all certificates and documents which they or bond counsel may deem necessary or advisable in order to consummate the issuance of the Obligations and otherwise to effectuate the purposes of this Resolution. Section 3. The adoption of this Resolution shall not obligate the City or any department thereof to (1) provide any financing for the Facilities; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, construction, rehabilitation or operation of the Facilities; or (iii) make any contribution or advance any funds whatsoever to the Authority, Section 4. This Resolution shall take effect from and after its adoption. 3 201735.2 036652 RS[ND 75C -9 ADOPTED this _ day of June, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATION OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of Council, do hereby attest to and certify the attached Resolution No. 2016- to be the original resolution adopted by the City Council of the City of Santa Ana on June 2016. Date: _ Clerk of Council City of Santa Ana 4 201735.2 036652 RSIND 75C -10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: PUBLIC HEARING - ORDINANCE REGARDING CODE ENFORCEMENT CITATION AUTHORITY {STRATEGIC PLAN NOS. 1, 314, S) CITY MANAGER RECOMMgNDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED 0 As Recommended 171 As Amended 0 Ordinance on 1" Reading [� Ordinance on 2nd Reading ❑ implementing Resolution p Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance amending Chapter One of the Santa Ana Municipal Code to clarify Code Enforcement Authority regarding Code Enforcement citations, Chapter 1, Section 1 -18.1 of the Santa Ana Municipal Code (SAMC) currently authorizes Code Enforcement to issue administrative citations as to specific code sections only, e,g., sections 10 -2 (motion picture permit), 36- 467(ice cream trucks), etc. The proposed amendment seeks to clarify the SAMC and Code Enforcement's areas of authority for issuing those citations. The amendment will give Code Enforcement authority to issue citations in regard to chapters of the SAMC Instead of specific code sections, e.g., Chapter 10 versus section 10 -2. This will avoid the need in the future to amend Section 1 -18.1 to add specific sections if or when changes are made to the SAMC, Approval of this item supports the City's efforts to meet Goal f#1 - Community Safety; Goal #3 - Economic Development, Goal #4 -- City Financial Stability, and Goal #5 - Community Health, Livability, Engagement and Sustainability, •_ rl -.w Approval of the proposed ordinance will assist the City in enforcing its Municipal Code with the secondary effect of collecting administrative fines as a result of those violations. If approved, the increase in revenue for the General Fund will create a beneficial impact for the City; however, the amount of revenue will vary from year to year depending on the number of code violations and how they are enforced, 75D -1 Public blearing - Ordinance Regarding Cade Enforcement Citation Authority June 7, 2016 Page 2 assan Magi enl, CP Executive Director Planning & Building Agency AN: rb WeportaAmendCO1 Code EnP B OIL= Exhibit: 1. Ordinance 75D -2 AV 05/17/16 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 1 OF THE SANTA ANA MUNICIPAL CODE REGARDING CODE ENFORCEMENT CITATIONS, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. This ordinance came before the City Council of the City of Santa on May 17, 2016. B. The Request for Council Action for this ordinance dated June 7, 2016, and duly signed by the City Manager, shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements. C. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 1 -18.1 of Chapter 1 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 1 -18.1 - Planning and building agency authority to issue citations. The executive director of the planning and building agency, the planning manager, the building safety manager, community preservation inspectors, code enforcement inspectors, senior building inspectors, and building inspectors have the duty to enforce the following provisions of this Code: Chapter 8, 10, 16 -18, 21, 26, 36, and Chapter 41 � The above listed officers and employees also have the duty to enforce sections 27551, 27671 and 27672 of the Health and Safety Code of the State of California with respect to sales of food from vehicles. The above listed officers and employees shall also have the duty to enforce permit parking districts established by the city. The above - listed officers and employees are authorized to arrest persons without a warrant whenever they have reasonable cause to believe that the person to be arrested has committed a violation of said provisions in their presence. In any case in which a person is arrested pursuant to this section, and the person arrested does not demand to 75D -3 be taken before a magistrate, said officer or employee making the arrest shall prepare a written notice to appear and release the person on his or her promise to appear as prescribed by Chapter 5C, Title III, Part 2 of the Penal Code of the State of California (commencing with Section 853.5). Section 6. Any provision of the Code that is inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 8. This ordinance shall become effective thirty days after its adoption by the City Council. ADOPTED this day of , 2016 APPROV� AS TO FORM: Sonia R./ firvaolo „ApityAttorney By:_ v Satz ra . Schwarzmann Senior Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Miguel A. Pulido Mayor 75D -4 NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D, HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No, NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75D -5 75D -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2 "6 Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Adopt a resolution approving the updated 2015 Urban Water Management Plan. DISCUSSION The City, as an urban water supplier, is required by the Urban Water Management Plan Act (Act) to update and submit a plan to the California Department of Water Resources every five years. City Council adopted the 2010 Urban Water Management Plan (UWMP) on June 6, 2011. In October 2015, the City entered into an agreement with the Municipal Water District of Orange County, to prepare the updated 2015 UWMP. The City's 2015 UWMP updates and revises the 2010 UWMP, and includes an analysis of the following elements of the City's system: • Water Demands • Water Sources and Supply Reliability • Demand Management Measures • Water Shortage Contingency Plan • Recycled Water • Future Water Supply Projects and Programs The final draft of the plan is complete and notices were sent to officials at the County of Orange and the City of Orange in accordance with the Act. Copies of the plan (Exhibit 1) were made available for review in the Clerk of the Council's office, at the Public Works Counter in City Hall and on the City's website. Staff recommends the adoption of the resolution approving the final draft of the City's 2015 UWMP (Exhibit 2). 75E -1 Public Hearing – 2015 Urban Water Management Plan June 7, 2016 Page 2 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 supports the City's efforts to meet Goal #6 – Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets). ENVIRONMENTAL IMPACT In accordance with Section 15282 of the CEQA Guidelines, preparation and adoption of urban water management plans are statutorily exempt from further environmental review. FISCAL IMPACT There is no fiscal impact associated with the recommended action. Mk V—, �:re4 Mousavipour Executive Director Public Works Agency FM /NS /RR Exhibits: 1. 2015 Urban Water Management Plan 2. Resolution 75E -2 Imo: �__L: J 04ARCADIS I tuilt �taaaattvsy farastuealentl 6aBtassMs MKI A 1 P1 ®ACT 2015 URBAN WATER MANAGEMENT PLAN City of Santa Ana Prepared for: City of Santa Ana Public Works Agency Water Resources Division 20 Civic Center Plaza Santa Ana, CA 92701 Prepared by: Arcadia U.S., Inc. 445 South Figueroa Street Suite 3650 Los Angeles California 90071 Tel 213 486 9884 Fax 213 486 9894 Our Ref.: 4109039.0000 Date: April 2016 arcadis.com 75E-4 s� 2015 URBAN WATER MANAGEMENT PLAN IW i s `. Acronyms and Abbreviations ........................................................................................ ............................... vii 1 Introduction ............................ ...................................... ........ ................................................................ 1 -1 1.1 Urban Water Management Plan Requirements ..................................... ...................................... 1 -1 1.2 Agency Overview .......................................... .............................. ................................................. 1 -3 1.3 Service Area and Facilities ........................... ............................................................................... 1 -6 1.3.1 City of Santa Ana Service Area ............................... ................ ......................................... 1 -6 1.3.2 City of Santa Ana Water Facilities .................... ....................... ... ...... ................................ 1 -7 2 Demands.. ............................................................... ...... ..................................................................... 2-1 2.1 Overview .......................................................................................................... ............................2 -1 2.2 Factors Affecting Demand .......................................... ............... .................................................. 2 -1 2.2.1 Climate Characteristics ................................. ___ ............................................. ................ 2 -2 2.2.2 Demographics ..... .... ............... .................................................................... .... ... ........... .... 2 -2 2.2.3 Land Use ............................. ............... .... :.. ....................................................................... 2 -2 2.3 Water Use by Customer Type ...............::...........a........................................... ............................2 -3 2.3.1 Overview ................. .:::................. ....... :....................... ..................................................... . 2 -3 2.3.2 Non - Residential ................................ .. .............................. ............................................... 2 -4 2.3.3 Sales to Other Agencies ...... ..................... .... ....... ................ .... ......................................... 2 -4 2.3.4 Non- Revenue Water ............................................................................. ............................2 -4 2.3.4.1 AWWA Water Audit Methodology ............................................... ............................2 -4 2.4 Demand Projections ............................................................ .............. ........................................... 2 -6 2.4,1 Demand Projection Methodology ............................................ ......... ........ .......... .............. 2 -7 2.4.2 Agency Refinement .............................................................................. ............................2 -7 2.4.3 25 Year Projections ................................. ..... .............. ...................................................... 2 -7 2.4.4 Total Water Demand Projections ......................................................... ............................2 -9 2.4.5 Water Use for Lower Income Households ...................................................... ................. 2 -9 2.5 SBx7 -7 Requirements .......... ......................................................................................... ............. 2 -10 2.5.1 Baseline Water Use .............. .......................................................................................... 2 -11 2.5.1.1 Ten to 15 -Year Baseline Period (Baseline GPCD) .................... ...........................2 -11 2.5.1.2 Five -Year Baseline Period (Target Confirmation) .................................... ............ 2 -12 75E -5 arcadis.com 2015 URBAN WATER MANAGEMENT PLAN arcadis.com 75E-6 ii 2.5.1.3 Service Area Population ............................................................ ...........................2 -12 2.5.2 SBx7 -7 Water Use Targets ...................................................... ...................................... 2 -12 2.5.2.1 SBx7 -7 Target Methods ............................................................. ...........................2 -12 2.5.2.2 2015 and 2020 Targets ............................................................. ...........................2 -13 2.5.3 Regional Alliance ............................. - ......................................... .................................... 2 -14 3 Water Sources and Supply Reliability ....... .............................................. ....................... ...................... 3 -1 3.1 Overview ........................................ ......................................... ..................................................... 3 -1 3.2 Imported Water ............................... ........................................ ......... -- ...................................... ..3 -2 3.2.1 Colorado River Supplies .......................... ...... ... ........................... ....... .............................. 3 -2 3.2.2 State Water Project Supplies .......... ............................................. ....................... ............. 3 -4 3.2.3 Storage ............. ........ ............... ....... ....... ......................... ............................. ......... ............ 3 -8 3.3 Groundwater .................... ................................... ........ .......................................... ....................... 3 -8 3.3.1 Basin Characteristics ....................................... ................................................................. 3 -8 3.3.2 Basin Production Percentage ............ ............................................................................. 3 -10 3.3.2.1 2015 OCWD Groundwater Management Plan .......................... ...........................3 -10 3.3.2.2 OCWD Engineer's Report ................................. ................................................... 3 -11 3.3.3 Groundwater Recharge Facilities ...................................................... ............................. 3 -12 3.3.4 Metropolitan Groundwater Replenishment Program ........................................ .............. 3 -12 3.3.5 Metropolitan Conjunctive Use Program .......................................................... ............... 3 -13 3.3.6 Groundwater Historical Extraction ............................................... .. ................................. 3 -13 3.3.7 Overdraft Conditions.. ..................................................................................................... 3-13 3.4 Summary of Existing and Planned Sources of Water ..................................... ...........................3 -14 3.5 Recycled Water ............................................................................................... ...........................3 -16 3.6 Supply Reliability ............................................................................................. ...........................3 -16 3.6.1 Overview.—, .... ............................................................................................................... 3-16 3.6.2 Factors Impacting Reliability ............................................................... ...........................3 -16 3.6.2.1 Environment ............................................................................... ...........................3 -16 3.6.2.2 Legal .................................... ................................................................................. 3 -16 3.6.2.3 Water Quality .... ...................... .............................................................................. 3 -17 3.6.2.3.1 Imported Water ................................................................ ...........................3 -17 3.6.2.3.2 Groundwater .................................................................... ...........................3 -17 arcadis.com 75E-6 ii 2015 URBAN WATER MANAGEMENT PLAN 75E -7 arcadis.com II 3.6.2.4 Climate Change ......................................................................... ...........................3 -19 3.6.3 Normal -Year Reliability Comparison ................................................... ...........................3 -19 3.6.4 Single -Dry Year Reliability Comparison .............................................. ...........................3 -19 3.6.5 Multiple -Dry Year Period Reliability Comparison ....................................................... .... 3 -20 3.7 Supply and Demand Assessment ................................................................... ...........................3 -20 4 Demand Management Measures .................. ....................................................................................... 4 -1 4.1 Water Waste Prevention Ordinances .............................................................. ............................4 -1 4.2 Metering ........................................................................................................... ............................4 -2 4.3 Conservation Pricing ..................................... ...................... ...................................................... ...4 -3 4.4 Public Education and Outreach ............. ................. ..................................................................... 4 -3 4.5 Programs to Assess and Manage Distribution System Real Loss .................. ............................4 -5 4.6 Water Conservation Program Coordination and Staffing Support ................. ........ ...................... 4 -5 5 Water Shortage Contingency Plan ....... ................................................................................................ 5 -1 5.1 Overview ............................................. .............................. ..:........................................................ 5 -1 5.2 Shortage Actions ............................. ........... .................................... .............................................. 5 -1 5.2.1 Metropolitan Water Surplus and Drought Management Plan ..... ............................5 -1 5.2.2 Metropolitan Water Supply Allocation Plan .......................................... ............................5 -3 5.2.3 City of Santa Ana ....... ....................................................................................................... 5 -4 5.3 Three -Year Minimum Water Supply ... .......:................. ............................... ........5 -5 5.4 Catastrophic Supply Interruption .... .. .................................. ........... .............................................. 5 -5 5.4.1 Metropolitan .......................................................................................... ............................5 -5 5,4.2 Water Emergency Response of Orange County .................................. ............................5 -6 5.43 City of Santa Ana .................................................................................. ............................5 -6 5.5 Prohibitions, Penalties and Consumption Reduction Methods .................. .................................. 5 -7 5.5.1 Prohibitions .................... ... ........................................................................................ ........ 5 -7 5.5.2 Penalties .......... .... ............................................................................................ ..... .......... 5 -12 5.5.3 Consumption Reduction Methods ....................................................... ...........................5 -12 5.6 Impacts to Revenue.., ............................................................................................. ......... ........ 5-13 5.7 Reduction Measuring Mechanism .............................................. ............ ............... .................... 5 -15 6 Recycled Water ........................................................................................................ ............................6 -1 6.1 Agency Coordination . ............................................................................ ............... .... ................... 6 -1 75E -7 arcadis.com II 2015 URBAN WATER MANAGEMENT PLAN Table 1 -1: Plan Identification .......................................... .... .... ... ................................................................. 1 -2 Table1 -2: Agency Identification ..................................................................................... ............................1 -3 Table 1 -3: Public Water Systems ................................................................................... ............................1 -7 Table 1 -4: Water Supplier Information Exchange ............ .......................................................................... 1 -8 arcadis. com 75E-8 iv 6.1.1 OCWD Green Acres Project ........ .................... ............. .... .... ..... ..... ...... ..... ....... ... ............ .6 -1 6.1.2 OCWD Groundwater Replenishment System .................................................... ... ........... 6 -1 6.2 Wastewater Description and Disposal ............ ............................................................................. 6 -2 6.3 Current Recycled Water Uses ................................................... ................................... ............... 6 -4 6.4 Potential Recycled Water Uses ... .................................................... ............................... .. ........... 6 -6 6.4.1 Direct Non - Potable Reuse ................................................... ............................................. 6 -6 6.4.2 Indirect Potable Reuse.. . ....................... ...................... ............................................. 6-6 6.5 Optimization Plan .................... .............. ........................................... ............................................ 6 -7 7 Future Water Supply Projects and Programs ..... .................. .........,..................... ................................ 7 -1 7.1 Water Management Tools ..................................... ................................ ........... ........................... 7 -1 7.2 Transfer or Exchange Opportunities ............. ........................ ................................. ...................... 7 -1 7.3 Planned Water Supply Projects and Programs ....... ......... .................................. ......................... 7 -1 7.4 Desalination Opportunities.. ......................... ............... .......................................................... 7-1 7.4.1 Groundwater ....................... ... ..... .... ......................................... ............................. ............ 7 -2 7.4.2 Ocean Water ........................................................................................ ............................7 -2 8 UWMP Adoption Process . ... .................................................................................. ......................... ..... 8 -1 81 Public Participation ................... ............... .................................................................................... 8 -2 8.2 Agency Coordination ....................................... ............................................................................ 8 -2 8.3 UWMP Submittal .............................................................................................. ............................8 -2 8.3.1 Review of 2010 UWMP Implementation ............................................... ............................8 -2 8.3.2 Comparison of 2010 Planned Water Conservation Programs with 2015 Actual Programs8- 3 8.3.3 Filing of 2015 UWMP .............. .............. ... ............................................. ............................ 8 -3 References............................... .................................................................................................................. 8 -4 Table 1 -1: Plan Identification .......................................... .... .... ... ................................................................. 1 -2 Table1 -2: Agency Identification ..................................................................................... ............................1 -3 Table 1 -3: Public Water Systems ................................................................................... ............................1 -7 Table 1 -4: Water Supplier Information Exchange ............ .......................................................................... 1 -8 arcadis. com 75E-8 iv 2015 URBAN WATER MANAGEMENT PLAN Table 2 -1: Population - Current and Projected ..................... ..................................................................... 2 -2 Table 2 -2: Demands for Potable and Raw Water - Actual (AF) ..................................... ............................2 -3 Table 2 -3: Water Loss Audit Summary (AF) ......... ..................................................................................... 2 -6 Table 2 -4: Demands for Potable and Raw Water - Projected ( AF) ................................ ............................2 -8 Table 2 -5: Inclusion in Water Use Projections ............................................................... ............................2 -8 Table 2 -6: Total Water Demands ( AF) ........................................................................... ............................2 -9 Table 2 -7: Household Distribution Based on Median Household Income ............................... ... .............. 2 -10 Table 2 -8: Projected Water Demands for Housing Needed for Low Income Households (AF) ...............2 -10 Table 2 -9: Baselines and Targets Summary ............................. .......................................... ..................... 2 -13 Table 2 -10: 2015 Compliance .................................................::.................................... ...........................2 -14 Table 3 -1: Metropolitan Colorado River Aqueduct Program Capabilities ...................... ............................3 -6 Table 3 -2: Groundwater Volume Pumped ( AF) ................ - ...................................................................... 3 -13 Table 3 -3: Water Supplies, Actual ( AF) ......................................................................... ...........................3 -14 Table 3 -4: Water Supplies, Projected (AF)., ............................. ........ ................... - ................................. 3-15 Table 3 -5: Basis of Water Year Data ( AF) ...... :............. .:.:............................. ........................................... 3 -20 Table 3 -6: Normal Year Supply and Demand Comparison ( AF) ................................... ...........................3 -21 Table 3 -7: Single Dry Year Supply and Demand Comparison ( AF) ................. ...........................3 -21 Table 3 -8: Multiple Dry Years Supply and Demand Comparison (AF) ......................... ...........................3 -22 Table 4 -1: Water Waste Prohibition ................................ .:;........................................................................ 4 -2 Table 4 -2: Water Rates Effective July 1, 2015..... .......................... ........ ............ ................... .... ................ 4 -3 Table 5 -1: Stages of Water Shortage Contingency Plan ........................... ............................5 -4 Table 5 -2: Minimum Supply Next Three Years (AF) .................... ........ .. ................ .................................... 5 -5 Table 5 -3: Restrictions and Prohibitions on End Uses.. ................ ....... ...................... -- ................. 5-7 Table 5 -4: Stages of Water Shortage Contingency Plan - Consumption Reduction Methods .................5 -13 Table 5 -5: Revenue Impact Analysis ..................... ..................................................... ... ..... ...................... 5 -13 Table 6 -1: Wastewater Collected Within Service Area in 2015 ...................................... ............................6 -3 Table 6 -2: 2010 UWMP Recycled Water Use Projection Compared to 2015 Actual ( AF) .........................6 -5 Table 6 -3: 2010 UWMP Recycled Water Use Projection Compared to 2015 Actual (AF).. ....................... 6-6 Table 8 -1: External Coordination and Outreach .......... ... ..... ............................... ........................................ 8 -1 Table 8 -2: Notification to Cities and Counties ................................................................ ............................8 -2 75E -9 arcadis.cnm v 2015 URBAN WATER MANAGEMENT PLAN FIGURES- Figure 1 -1: Regional Location of Urban Water Supplier .................................... ............................... Figure 1 -2: City of Santa Ana Service Area ....................................................... ............................... Figure 3 -1: Water Supply Sources in the City ( AF) ............................................ ............................... Figure 3 -2: Map of the Orange County Groundwater Basin and its Major Aquifer Systems ............ Figure 5 -1: Resource Stages, Anticipated Actions, and Supply Declarations ... ............................... A UWMP Checklist B Standardized Tables C Groundwater Management Plan D City Ordinance E Notification of Public and Service Area Suppliers F Adopted UWMP Resolution G Bump Methodology H AWWA Water Lass Audit Worksheet I Water Use Efficiency Implementation Report .....1 -5 .......3 -1 .......3 -9 ......5 -2 arcadis.com 75E-1 0 vi 2015 URBAN WATER MANAGEMENT PLAN 20x2020 Act AF AFY AM[ AWWA BEA Biops BMP BPP CCC CDR CECs CII City CRA CUP CVP Delta DMM DOF DWR EIR EOC FY GAP GCM GPCD GPM GW RS HCF IPR IRP IWA LBCW D LRP LTFP MAF MARS 20% water use reduction in GPCD by year 2020 Urban Water Management Planning Act Acre -Feet Acre -Feet per Year Advanced Metering Infrastructure American Water Works Association Basin Equity Assessment Biological Opinions Best Management Practice Basin Production Percentage California Coastal Commission Center for Demographic Research Constituents of Emerging Concern Commercial /Industrial /Institutional City of Santa Ana Colorado River Aqueduct Conjunctive Use Program Central Valley Project Sacramento -San Joaquin River Delta Demand Management Measure Department of Finance Department of Water Resources Environmental Impact Report Emergency Operation Center Fiscal Year Green Acres Project General Circulation Model Gallons per Capita per Day Gallons per Minute Groundwater Replenishment System Hundred Cubic Feet Indirect Potable Reuse Integrated Water Resource Plan International Water Association Laguna Beach County Water District Local Resources Program Long -Term Facilities Plan Million Acre -Feet Member Agency Response System 75E -11 arcadis.com VI I 2015 URBAN WATER MANAGEMENT PLAN MCL Maximum Contaminant Level MEOC Metropolitan Emergency Operations Center Metropolitan Metropolitan Water District of Southern California MF Microfiltration MHI Median Household Income MTBE Methyl Tertiary Butyl Ether NDMA N- nitrosodimethylamine OC Orange County OC Basin Orange County Groundwater Basin OCWD Orange County Water District Poseidon Poseidon Resources LLC PPCP Pharmaceuticals and Personal Care Product RA Replenishment Assessment RHNA Regional Housing Needs Assessment RO Reverse Osmosis SBx7 -7 Senate Bill 7 as part of the Seventh Extraordinary Session SCAB South Coast Air Basin SCAG Southern California Association of Governments SCWD South Coast Water District SDCWA San Diego County Water Authority SDP Seawater Desalination Program Study Colorado River Basin Water Supply and Demand Study SWP State Water Project SWRCB California State Water Resources Control Board TDS Total Dissolved Solids USBR United States Bureau of Reclamation UV Ultraviolet UWMP Urban Water Management Plan VOCs Volatile Oraganic Compounds WEROC Water Emergency Response Organization of Orange County WF -21 Water Factory 21 WOC Water Operations Center WSAP Water Supply Allocation Plan WSDM Water Surplus and Drought Management Plan arcad S.com 75E -12 viii 2015 URBAN WATER MANAGEMENT PLAN 1 INTRODUCTION Water Code Sections 10610 through 10656 of the Urban Water Management Planning Act (Act) require every urban water supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre -feet (AF) of water annually to prepare, adopt, and file an Urban Water Management Plan (UWMP) with the California Department of Water Resources (DWR) every five years in the years ending in zero and five. The 2015 UWMP updates are due to DWR by July 1, 2016. This 2015 UWMP provides a detailed summary of present and future water resources and demands and provides an assessment of the City of Santa Ana's (City) water resource needs. Specifically, the UWMP provides water supply planning for a 25 -year planning period in five -year increments and identifies water supplies needed to meet existing and future demands. The demand analysis must identify supply reliability under three hydrologic conditions: a normal year, a single -dry year, and multiple -dry years. The City's 2015 UWMP updates the 2010 UWMP in compliance with the requirements of the Act as amended in 2009, and includes a discussion of: • Water Service Area and Facilities • Water Sources and Supplies • Water Use by Customer Type • Demand Management Measures' • Water Supply Reliability • Planned Water Supply Projects and Programs • Water Shortage Contingency Plan f Recycled Water Use Since the original Act's passage in 1983, several amendments have been added. The most recent changes affecting the 2015 UWMP include Senate Bill 7 as part of the Seventh Extraordinary Session (SBx7 -7) and SB 1087. SBx7 -7, or the Water Conservation Act of 2009, is part of the Delta Action Plan that stemmed from the Governor's goal to achieve a 20 percent statewide reduction in urban per capita water use by 2020 (20x2020). Reduction in water use is an important part of this plan that aims to sustainably manage the Bay Delta and reduce conflicts between environmental conservation and water supply; it is detailed in Section 3.2.2. SBx7 -7 requires each urban retail water supplier to develop urban water use targets to achieve the 20x2020 goal and the interim ten percent goal by 2015. Each urban retail water supplier must include in its 2015 UWMPs the following information from its target- setting process: • Baseline daily per capita water use • 2020 Urban water use target i 2015 Interim water use target compliance 75E -13 arcadis.com 1 -1 2015 URBAN WATER MANAGEMENT PLAN • Compliance method being used along with calculation method and support data • An implementation plan to meet the targets The other recent amendment, made to the UWMP on September 19, 2014, is set forth by SB 1420, Distribution System Water Losses. SB 1420 requires water purveyors to quantify distribution system losses for the most recent 12 -month period available. The water loss quantification is based on the water system balance methodology developed by the American Water Works Association (AWWA). The sections in this UWMP correspond to the outline of the Act, specifically Article 2, Contents of Plans, Sections 10631, 10632, and 10633. The sequence used for the required information, however, differs slightly in order to present information in a manner reflecting the unique characteristics of the City's water utility. The UWMP Checklist has been completed, which identifies the location of Act requirements in this Plan and is included in Appendix A. This is an individual UWMP for a retail agency, as shown in Tables 1- 1 and 1 -2. Table 1 -2 also indicates the units that will be used throughout this document. Table 1 -1: plan Identification a«,ds.can, 75E -14 1.2 2015 URBAN WATER MANAGEMENT PLAN Table 1 -2: Agency Identification 1.2 Agency Overview The City was, for many years, a ranching community with some farming. To serve this growing agricultural and domestic community, a municipal water system was formed in 1886. The original source of water supply for the City was from shallow irrigation wells. As the City continued to grow and change from agriculture to an urban community, the need for additional sources of water was recognized if economic development were to continue. To tap into water sources from outside the area, the City joined with 12 other southern California cities to form and be an original member agency of the Metropolitan Water District of Southern California (Metropolitan) on February 27, 1931. Metropolitan, as a regional wholesaler, supplies imported water to Southern California from the Colorado River and from the State Water Project from Northern California. Metropolitan's primary purpose into develop, store and distribute water at wholesale rates to its member public agencies for domestic and municipal uses. In 1933, the Orange County Water District (OCWD) was formed by a special act of the State Legislature to manage Orange County's groundwater supply and protection of the County's rights to water in the Santa Ana River. In 1953, the City became a member of OCWD. The City is governed by a non - partisan seven - member City Council, elected to serve staggered four -year terms, except for the Mayor, who serves a two -year term. The City Council appoints the City Manager and various members of commissions, committees, and citizen advisory groups, all of which may weigh in on water management issues and decisions for the City. The current Council members are 75E -15 arcadis.com 1 -3 2015 URBAN WATER MANAGEMENT PLAN • Miguel Pulido, Mayor • Vicente Sarmiento, Mayor Pro Tern (Ward 1) • Michele Martinez (Ward 2) • Angelica Amezcua (Ward 3) • David Benavides (Ward 4) • Roman A. Reyna (Ward 5) • Sal Tinajero (Ward 6) The City receives its water from two main sources, local well water from the Lower Santa Ana River Groundwater Basin, also known as the Orange County Groundwater Basin (OC Basin), which is managed by OCWD, and imported water from Metropolitan. The City is a member agency of Metropolitan. The City's location is shown on Figure 1 -1. arcad s.corr 75E-1 6 1.4 2015 URBAN WATER MANAGEMENT PLAN MOWN Fiveways aM 3011"'ap Roammy L I I J raroe MWDOC Service Area and Member Agencies Figure 1-1: Regional Location of Urban Water Supplier 75E -17 arcadis.com 1-5 zavAkeeauuvb E L I I J raroe MWDOC Service Area and Member Agencies Figure 1-1: Regional Location of Urban Water Supplier 75E -17 arcadis.com 1-5 2015 URBAN WATER MANAGEMENT PLAN 1.3 Service Area and Facilities 1.3.1 City of Santa Ana Service Area The City is in the heart of Orange County and rated eleventh largest in California. The City's Water Utility provides water service within a 27- square mile service area. The service area includes the City of Santa Ana and a small neighborhood in the City of Orange, near Tustin Avenue and Fairhaven by the northeast corner of Santa Ana. A map of the City's service area is shown in Figure 1 -2. Pitre rsf gnnfn Arses 1i Mi 1A f5 T. gm Figure 1 -2: City of Santa Ana Service Area arcadls.com 75E-1 8 1.6 2015 URBAN WATER MANAGEMENT PLAN 1.3.2 City of Santa Ana Water Facilities The City maintains 444 miles of transmission and distribution mains, nine reservoirs with a storage capacity of 49.3 million gallons, seven pumping stations, 20 wells, and seven import water connections. Thirteen of the City wells pump into surface reservoirs with booster stations pumping the water into the distribution system. The remaining wells pump directly into the City's distribution system. Water pumped from these wells has been naturally filtered as it passes through underlying aquifers of sand, gravel, and soil. This well water only requires disinfectant treatment for system distribution. The City maintains seven imported water connections to receive water through Metropolitan's Orange County and East Orange County Feeder pipelines. Seven metered connections with a total capacity of 60,580 gallons per minute (gpm) transfer water into the City's distribution system. System Pressures — Reducing distribution system pressures will, to a certain degree, conserve water and pumping energy by reducing leaking in water and plumbing systems, as well as reducing waste or water when turning water fixtures on and off. The City continually reviews the pressure zones to determine the feasibility of reducing system pressures by lowering settings on distribution system pressure regulators. The reviews have indicated that potential fire protection requirement deficiencies occur when pressures are reduced. Therefore, the City maintains safe yet efficient system pressures. Peak Demand— Water system demand patterns are a result of climatological, land use, sociological, and institutional factors, all of which affect the amount of water consumed. Reduction in peak demands can reduce the need for construction of new water storage and conveyance facilities and, in certain instances, the development of new water sources. The City's computerized telemetry system allows water system operators to operate the system more efficiently through the ability to stage and prioritize water production facilities usage to meet these ever changing demand patterns. The system connections and water volume supplied are summarized in Table 1 -3, and the wholesalers informed of this water use as required are displayed in Table 1 -4. Table 1 -3: Public Water Systems 75E -19 arcadis.com 1 -7 2015 URBAN WATER MANAGEMENT PLAN Table 1-4: Water Supplier Information Exchange arcads.con, 75E -20 1_8 2015 URBAN WATER MANAGEMENT PLAN Kffa 2.1 Overview Since the last UWMP update, southern California's urban water demand has been largely shaped by the efforts to comply with SBx7 -7. This law requires all California retail urban water suppliers serving more than 3,000 acre -feet per year (AFY) or 3,000 service connections to achieve a 20 percent water demand reduction (from a historical baseline) by 2020. The City has been actively engaged in efforts to reduce water use in its service area to meet the 2015 interim 10 percent reduction and the 2020 final water use target. Meeting this target is critical to ensure the City's eligibility to receive future state water grants and loans. In April 2015 Governor Brown issued an Emergency Drought Mandate as a result of one of the most severe droughts in California's history, requiring a collective reduction in statewide urban water use of 25 percent by February 2016, with each agency in the state given a specific reduction target by DWR. In response to the Governor's mandate, the City is carrying, out more aggressive conservation efforts. It is also implementing higher (more restrictive) stages of its water conservation ordinance in order to achieve its demand reduction target of 12 percent set for the City itself and the Regional Alliance of all participating MWDOC utility agencies (discussed later in Section 2.5). In addition to local water conservation ordinances, the City partnered with Metropolitan on educational programs, indoor retrofits and training. The City has implemented turf removal, an art contest, pole banners, lawn signs, and neighborhood association meetings to promote water conservation, as detailed in Section 4. These efforts have been part of statewide water conservation ordinances that require watering landscape watering, serving water in restaurants and bars, and reducing the amount of laundry cleaned by hotels. Further discussion on the City's water conservation ordinance is covered in Section 5 Water Supplies Contingency Plan. This section analyzes the City's current water demands by customer type, factors that influence those demands, and projections of future water demands for the next 20 years. In addition, to satisfy SBx7 -7 requirements, this section provides details of the City's SBx7 -7 compliance method selection, baseline water use calculation, and 2015 and 2020 water use targets. 2,2 Factors Affecting Demand Water demands within the City's service area are dependent on many factors such as local climate conditions and the evolving hydrology of the region, demographics, land use characteristics, and economics. In addition to local factors, southern California's imported water sources are also experiencing drought conditions that impact availability of current and future water supplies. 75E -21 arcadis.com 2 -1 2015 URBAN WATER MANAGEMENT PLAN 2.2.1 Climate Characteristics The City is located within the South Coast Air Basin (SCAB) that encompasses all of Orange County, and the urban areas of Los Angeles, San Bernardino, and Riverside counties. The SCAB climate is characterized by southern California's "Mediterranean" climate: a semi -arid environment with mild winters, warm summers and moderate rainfall. Local rainfall has limited impacts on reducing demand for the City. Water that infiltrates into the soil may enter groundwater supplies depending on the local geography. However, due to the large extent of impervious cover in southern California, rainfall runoff quickly flows to a system of concrete storm drains and channels that lead directly to the ocean. OCWD is one agency that has successfully captured stormwater along the Santa Ana River and in recharge basins for years and used it as an additional source of supply for groundwater recharge. Metropolitan's water supplies come from the State Water Project (SWP) and the Colorado River Aqueduct (CRA), influenced by climate conditions in northern California and the Colorado River Basin, respectively. Both regions have been suffering from multi -year drought conditions with record low precipitation which directly impact water supplies to southern California. 2.2.2 Demographics The City has a 2015 population of 335,299 according to the California State University at Fullerton's Center of Demographics Research (CDR). The City is almost completely built -out, and its population is projected to increase only 0.9 percent by 2040, representing an average growth rate of 0.005 percent every five years. Growth projections have decreased slightly since the 2010 UWMP. Vacant land within the City is very limited while existing housing is becoming denser and new residential units are multi- storied. Table 2 -1 shows the population projections in five -year increments out to 2040 within the City's service area. Table 2 -1: Population — Current and Projected 2.2.3 Land Use The City's service area can best be described as a predominately residential single and multi - family community located in central Orange County. arcadis.com 75E-22 2-2 2015 URBAN WATER MANAGEMENT PLAN .3 Water Use by ustomer Type An agency's water consumption can be projected by understanding the type of use and customer type creating the demand. Developing local water use profiles helps to identify quantity of water used as well as when, where, how, and by whom water is used within the agency's service area. A comprehensive profile of the agency's service area enables the impacts of water conservation efforts to be assessed and to project the future benefit of water conservation programs. The following sections of this UWMP provide an overview of the City's water consumption by customer account type as follows: • Single- family Residential • Multi- family Residential • Commercial • Institutional/ Government Other water uses including non- revenue water are also discussed In this section. 2.3.1 Overview There are 44,551 current customer active and inactive.service connections in the City's water distribution system with all existing connections metered. Approximately 66.8 percent of the City's water demand is residential; commercial, including dedicated landscape, accounts for the remaining 33.2 percent of the total demand. Table 2 -2 contains a summary of the City's total water demand in fiscal year (FY) of 2014 -15 for potable water. Table 2 -2: Demands for Potable and Raw Water - Actual (AF) 75E -23 arcadis.com 2 -3 2015 URBAN WATER MANAGEMENT PLAN 2.3.2 Non - Residential Non - residential use includes commercial, industrial, institutional water demands. Institutional water use accounts for 4 percent of total non - residential water demands and commercial accounts for 52.3 percent of total non - residential water demand. The City has a mix of commercial uses (markets, restaurants, etc.), public entities (schools, fire stations and government offices), office complexes, light industrial and warehouses. 2.3.3 Sales to Other Agencies The City does not sell water to other agencies although it does maintain emergency interconnections with neighboring cities and water districts. 2.3.4 Non- Revenue Water Non - revenue water is defined by the International Water Association (IWA) as the difference between distribution systems input volume (i.e. production) and billed authorized consumption. Non- revenue water consists of three components: unbilled authorized consumption (eg; hydrant flushing, firefighting, and blow -off water from well start -ups), real losses (e.g. leakage in mains and service lines, and storage tank overflows), and apparent losses (unauthorized consumption, customer metering inaccuracies and systematic data handling errors). A water loss audit was conducted per AWWA methodology for the City to understand the relationship between water loss, operating costs and revenue losses. This audit was developed by the IWA Water Loss Task Force as a universal methodology that could be applied to any water distribution system. This audit meets the requirements of SB 1420 that was signed into law in September 2014. Understanding and controlling water loss from a distribution system is an effective way for the City to achieve regulatory standards and manage their existing resources. 2.3.4.1 AWWA Water Audit Methodology There are five data categories that are part of the AWWA Water Audit: 1) Water Supplied 2) Authorized Consumption 3) Water Losses 4) System Data and 5) Cost Data. Data was compiled from questionnaires, invoices, meter test results, and discussion with the City. Each data value has a corresponding validation score that evaluates the City's internal processes associated with that data entry. The scoring scale is 1- 10 with 10 representing best practice. The Water Supplied section represents the volume of water the City delivered from its own sources, purchased imported water, or water that was either exported or sold to another agency. Validation scores for each supply source correspond to meter accuracy and how often the meters are calibrated. If the calibration results of supply meters were provided, a weighted average of errors was calculated for master meter adjustment. This adjustment factor was applied to reported supply volumes for meters that were found to register either over or under the true volume. Validity scores for meter adjustment are based on how often the meter is read and what method is used. The Authorized Consumption section breaks down consumption of the volume of Water Supplied. Billed metered water is billed and delivered to customers and makes up the majority of an agency's arcadis.com 75E-24 2 -4 2015 URBAN WATER MANAGEMENT PLAN consumption. Billed unmetered water is water that is delivered to a customer for a set fee but the actual quantity of water is not metered. Customer accounts for this type of use are typically determined by utility policy. Unbilled metered water is the volume used and recorded, but the customer is not charged. This volume is typically used for City facilities per City policy. Unbilled unmetered water is authorized use that is neither billed nor metered which typically includes activities such as firefighting, flushing of water mains and sewers, street cleaning, and fire flow testing. The AWWA Water Audit recommends using the default value of 1.25 percent to represent this use, as calculating an accurate volume is often tedious due to the many different components involved and it represents a small portion of the City's overall use. For each consumption type listed above the associated validation score reflects utility policy for customer accounts, frequency of meter testing and replacement, computer -based billing and transition to electronic metering systems. Water Losses are defined as the difference between the volume of water supplied and the volume of authorized consumption. Water losses are further broken down into apparent and real losses. Apparent losses include unauthorized consumption, customer meter inaccuracies and systematic data handling errors. Default percentages were provided for the Audit by AWWA for unauthorized consumption and systematic data handling error as this data is not often available. The corresponding default validation score assigned is 5 out of 10. A discrete validation score was included for customer meter inaccuracies to represent quality of meter testing records, testing procedures for meter accuracy, meter replacement cycles, and inclusion of new meter technology, System Data includes information about the City's physical distribution system and customer accounts. The information included is: length of mains, number of active and inactive service connections, location of customer meters in relation to the property line, and the average operating pressure of the system. The number of service connections is automatically divided by the length of mains to find the service connection density of the system. The calculated service connection density determines which performance indicators best represent a water system's real loss performance. The validity scores in this section relate to the water system's policies and procedures for calculating and documenting the required system data, quality of records kept, integration with an electronic database including GIS and SCADA, and how often this data is verified. The final section is Cost data and contains three important financial values related to system operation, customer cost and water production. The total annual cost of operating the water system, customer retail unit cost and the variable production cost per AF are included. The customer retail unit value is applied to the apparent tosses to determine lost revenue, while the variable production cost is typically applied to real losses. In water systems with scarce water supplies, a case can be made for real losses to be valued at the retail rate, as this volume of water could be sold to additional customers if it were not lost.] Validity scores for these items consider how often audits of the financial data and supporting documents are compiled and if third -party accounting professionals are part of the process. Calculations based on the entered and sufficiently valid data produce a series of results that help the City quantify the volume and financial impacts of water loss and facilitate comparison of the City's water loss performance with that of other water systems who have also performed water loss audits using the AWWA methodology. The City's Data Validity Score was 74 out of 100, with a total water loss volume of 677 AFY. The Non - Revenue Water volume represents 1.9 percent of the total water supplied by the City. The value of non - revenue water is calculated to be $814,980 per year. 75E -25 arcadis.com 2 -5 2015 URBAN WATER MANAGEMENT PLAN The Infrastructure Leakage Index (ILI) is a performance indicator developed from the ratio of Current Annual Real Losses (CARL) to the Unavoidable Annual Real Losses (UARL). CARL was developed as part of the workbook and explained as real losses above. UARL is developed on a per system basis with an equation based on empirical data, developed by IWA that factors in the length of mains (including fire hydrant laterals), number of service connections, average distance of customer service connection piping between the curb stop and the customer meter and the total length of customer service piping, all multiplied by average system pressure. The City received an ILI score of 0.15 which taken at face value is a very high score and indicates that real losses are well managed. This value suggests that the City's real loss volume is beneath the technically achievable minimum, which is possible but unlikely. This requires further field investigation of leakage if leakage detection and control practices are not extensively implemented and /or, given the Data Validity Score for some components in the Audit, further investigation /confirmation of entries such as water supplied /accuracy of supply meters, accuracy of customer meters, systematic data handling errors, and applicability of the default percentages applied in the audit. Apparent losses make up a significant portion of the City's total water loss at 80 percent; most of this was developed from default percentages provided by the AWWA Water Audit. Based on this information, the City can improve water loss by taking a closer look at apparent losses and developing a strategy to better quantify this data in the future. The overall Water Audit score can also be improved by meeting the standards AWWA has developed for each data point through clear City procedures and reliable data. The result of the AWWA Water Audit completed for the City as required by the 2015 UWMP is summarized in Table 2 -4. The water loss summary was calculated over a one -year period from available data and the methodology explained above. Table 2 -3: Water Loss Audit Summary (AF) 2.4 Demand Projections Demand projections were developed by MWDOC for each agency within the Regional Alliance based on available data as well as land use, population and economic growth. Three trajectories were developed representing three levels of conservation: 1) continued with existing levels of conservation (lowest conservation), 2) addition of future passive measures and active measures (baseline conservation), and 3) aggressive turf removal program - 20 percent removal by 2040 (aggressive conservation). The baseline demand projection was selected for the 2015 UWMP. The baseline scenario assumes the implementation of future passive measures affecting new developments, including the Model Water Efficient Landscape, plumbing code efficiencies for toilets, and expected plumbing code for high- arcadis.com 75E-26 2 -6 2015 URBAN WATER MANAGEMENT PLAN efficiency clothes washers. It also assumes the implementation of future active measures, assuming the implementation of Metropolitan incentive programs at historical annual levels seen in Orange County. 2.4.1 Demand Projection Methodology The water demand projections were an outcome of the Orange County (OC) Reliability Study led by MWDOC where demand projections were divided into three regions within Orange County: Brea /La Habra, OC Basin, and South County. The demand projections were obtained based on multiplying a unit water use factor and a demographic factor for three water use sectors, including single - family and multi- family residential (in gallons per day per household), and non - residential (in gallons per day per employee). The unit water use factors were based on the survey of Orange Oounty water agencies (FY 2013 -14) and represent a normal weather, normal economy, and non - drought condition. The demographic factors are future demographic projections, including the number of housing units for single and multi - family residential sectors and the total employment (number of employees) for the non- residential sector, as provided by CDR. The OC Reliability Study accounted for drought impacts on 2016 demands by applying the assumption that water demands will bounce back to 85 percent of 2014 levels (i.e. pre- drought levels) by 2020 and 90 percent by 2025 without future conservation, and continue at 90 percent of unit water use through 2040. The unit water use factor multiplied by a demographic factor yields demand projections without new conservation. To account for new implementation of conservation, projected savings from new passive and active conservation as a result of plumbing codes, water model efficiency landscape ordinance, and rebates from Metropolitan were excluded from these demands. As described above, the OC Reliability Study provided demand projections for three regions within Orange County: Brea /La Habra, OC Basin, and South County. The City's water demand represents a portion of the OC Basin region total demand. The City's portion was estimated as the percentage of the City's five -year (FY 2010 -11 to FY 2014 -15) average usage compared to the OC Basin region total demand for the same period. 2.4.2 Agency Refinement Demand projections were developed by MWDOC for the City as part of the OC Reliability Study. The future demand projections were reviewed and accepted by the City as a basis for the 2015 UW MP. 2.4.3 25 Year Projections A key component of the 2015 UWMP is to provide insight into the City's future water demand outlook. The City's current total water demand is 36,655 AFY, met through locally pumped groundwater and purchased imported water from Metropolitan. Table 2 -4 is a projection of the City's water demand for the next 25 years. 75E -27 arcadis.com 2 -7 2015 URBAN WATER MANAGEMENT PLAN Table 2 -4: Demands for Potable and Raw Water - Projected (AF) The above demand values were provided by MWDOC and reviewed by the City as part of the UWMP effort. The City will aim to decrease its reliance on imported water by pursuing a variety of water conservation strategies, the City's per capita water use is projected to decrease as detailed in section 2.5 below. Table 2 -5: Inclusion in Water Use Projections The demand data presented in this section accounts for passive savings in the future. Passive savings are water savings as a result of Codes, Standards, Ordinances, or Transportation and Land Use Plans as well as public outreach on water conservation and higher efficiency fixtures. Passive savings are arcadis.corn 75E-28 2 -8 2015 URBAN WATER MANAGEMENT PLAN anticipated to continue for the next 25 years and will result in continued water saving and reduced consumption levels. 2.4.4 Total Water Demand Projections Based on the information provided above, the total demand for potable water is listed below in Table 2 -6 below. Recycled water demand is projected to remain constant through the planning horizon. Table 2 -6: Total Water Demands (AF) 2.4.5 Water Use for Lower Income Households Since 2010, the UWMP Act has required retail water suppliers to include water use projections for single - family and multi- family residential housing for lower income and affordable households. This will assist the City in complying with the requirement under Government Code Section 65589.7 granting priority for providing water service to lower income households. A lower income household is defined as a household earning below 80 percent of the median household income (MHI). DWR recommends retail suppliers rely on the housing elements of city or county general plans to quantify planned lower income housing with the City's service area (DWR, 2015 UWMP Guidebook, February 2016). The Regional Housing Needs Assessment (RHNA) assists jurisdictions in updating general plan's housing elements section. The RHNA identifies housing needs and assesses households by income level for the City through 2010 decennial Census and 2005 -2009 American Community Survey data. The fifth cycle of the RHNA covers the planning period of October 2013 to October 2021. The Southern California Association of Governments (SCAG) adopted the RHNA Allocation Plan for this cycle on October 4, 2012 requiring housing elements updates by October 15, 2013. The California Department of Housing and Community Development reviewed the housing elements data submitted by jurisdictions in the SCAG region and concluded the data meets statutory requirements for the assessment of current housing needs. The housing elements from the RHNA includes low income housing broken down into three categories: extremely low (less than 30 percent MHI), very low (31 percent - 50 percent MHI), and lower income (51 arcadis.com 75E -29 2 -9 2015 URBAN WATER MANAGEMENT PLAN percent - 80 percent MHI). The report gives the household distribution for all households of various income levels in the City which can be seen in Table 2 -7. Altogether the City has 54.18 percent low income housing (SCAG, RHNA, November 2013). Table 2 -7: Household Distribution Based on Median Household Income Households Number of . Extremely Low Income 11,370 Very Low Income 12,486 Lower Income 16,919 Moderate Income 15,657 Above Income 18,827 Total Households 79,253 Table 2 -8 provides the projected water needs for low income single family and multifamily units. The projected water demands shown here represent 54.18 percent of the projected water demand for the single - family and multifamily categories provided in Table 2 -4 above. For example, the total low income single family residential demand is projected to be 7,441 AFY in 2020 and 8,052 AFY in 2040. Table 2 -8: Projected Water Demands for Housing Needed for Low Income Households (AF) 2.5 x7 -7 Requirements The Water Conservation Act of 2009, SBx7 -7, signed into law on February 3, 2010, requires the State of California to reduce urban water use by 20 percent by the year 2020. The City must determine baseline water use during their baseline period and water use targets for the years 2015 and 2020 to meet the arcadis. or, 75E -30 2 -10 2015 URBAN WATER MANAGEMENT PLAN state's water reduction goal. The City may choose to comply with SBx7 -7 individually or as a region in collaboration with other retail water suppliers. Under the regional compliance option, the City is still required to report its individual water use targets. The City is required to be in compliance with SBx7 -7 either individually or as part of the alliance, or demonstrate they have a plan or have secured funding to be in compliance, in order to be eligible for water related state grants and loans on and after July 16, 2016. For the 2015 UWMP, the City must demonstrate compliance with its 2015 water use target to indicate whether or not they are on track to meeting the 2020 water use target. The City also revised their baseline per capita water use calculations using 2010 U.S. Census data. Changes in the baseline calculations also result in updated per capita water use targets. DWR also requires the submittal of SBx7 -7 Verification Forms, a set of standardized tables to demonstrate compliance with the Water Conservation Act in this 2015 UWMP. This form is included as Appendix B. 2.5.1 Baseline Water Use The baseline water use is the City's gross water use divided'' by its service area population, reported in gallons per capita per day (GPCD). Gross water use is a measure of water that enters the distribution system of the supplier over a 12 -month period with certain allowable exclusions. These exclusions are: • Recycled water delivered within the service area • Indirect recycled water • Water placed in long term storage • Water conveyed to another urban supplier • Water delivered for agricultural use • Process water Water suppliers within the OC Basin, including the City, have the option of choosing to deduct recycled water used for indirect potable reuse from their gross water use to account for the recharge of recycled water into the OC Basin by OCWD, historically through Water Factory 21, and now by the Groundwater Replenishment System (GWRS). Water suppliers must report baseline water use for two baseline periods, the 10- to 15 -year baseline (baseline GPCD) and the five -year baseline (target confirmation) as described below. 2.5.1.1 Ten to 15 -Year Baseline Period (Baseline GPCD) The first step to calculating the City's water use targets is to determine its base daily per capita water use (baseline water use). This baseline water use is essentially the City's gross water use divided by its service area population, reported in GPCD. The baseline water use is calculated as a continuous (rolling) 10 -year average during a period, which ends no earlier than December 31, 2004 and no later than December 31, 2010. Water suppliers whose recycled water made up 10 percent or more of their 2008 75E -31 arcadis.com 2 -11 2015 URBAN WATER MANAGEMENT PLAN retail water delivery can use up to a 15 -year average for the calculation. The City did not have recycled water use in 2008; therefore, a 10 -year baseline period is used. The City's baseline water use is 130 GPCD, obtained from the 10 -year period July 1, 1995 to June 30, 2005. 2.5.1.2 Five -Year Baseline Period (Target Confirmation) Water suppliers are required to calculate water use, in GPCD, for a five -year baseline period. This number is used to confirm that the selected 2020 target meets the minimum water use reduction requirements. Regardless of the compliance option adopted by the City, it will need to meet a minimum water use target of 5 percent reduction from the five -year baseline water use. This five -year baseline water use is calculated as a continuous five -year average during a period, which ends no earlier than December 31, 2007 and no later than December 31, 2010. The City's five -year baseline water use is 122 GPCD, obtained from the five -year period July 1, 2003 to June 30, 2008. 2.5.1.3 Service Area Population The City's service area boundaries correspond with the boundaries for a city or census designated place. This allows the City to use service area population estimates prepared by the Department of Finance (DOF). The CDR at California State University, Fullerton is the entity which compiles population data for Orange County based on DOF data. The calculation of the City's baseline water use and water use targets in the 2010 UWMP was based on the 2000 U.S. Census population numbers obtained from CDR. The baseline water use and water use targets in this 2015 UWMP have been revised based on the 2010 U.S. Census population obtained from CDR in 2012. 2.5.2 SBx7.7 Water Use Targets In the 2015 UWMP, the City may update its 2020 water use target by selecting a different target method than what was used in 2010. The target methods and determination of the 2015 and 2020 targets are described below. 2.5.2.1 SBx7 -7 Target Methods DWR has established four target calculation methods for urban retail water suppliers to choose from. The City is required to adopt one of the four options to comply with SBx7 -7 requirements. The four options include: f Option 1 requires a simple 20 percent reduction from the baseline by 2020 and 10 percent by 2015. • Option 2 employs a budget -based approach by requiring an agency to achieve a performance standard based on three metrics o Residential indoor water use of 55 GPCD o Landscape water use commensurate with the Model Landscape Ordinance 0 10 percent reduction in baseline commercial /industrial /institutional (CII) water use arced s.com 75E-32 2 -12 2015 URBAN WATER MANAGEMENT PLAN • Option 3 is to achieve 95 percent of the applicable state hydrologic region target as set forth in the State's 20x2020 Water Conservation Plan. s Option 4 requires the subtraction of Total Savings from the baseline GPCD: o Total savings includes indoor residential savings, meter savings, CII savings, and landscape and water loss savings. With MWDOC's assistance in the calculation of the City's base daily per capita use and water use targets, the City selected to comply with Option 3 consistent with the option selected in 2010. 2.5.2.2 2015 and 2020 Targets Under Compliance Option 3, to achieve 95 percent of the South Coast Hydrologic Region target as set forth in the State's 20x2020 Water Conservation Plan, the City's 2015 target is 123 GPCD and the 2020 target is 116 GPCD as summarized in Table 2 -9. The 2015 target is the midway value between the 10- year baseline and the confirmed 2020 target. In addition, the confirmed 2020 target needs to meet a minimum of five percent reduction from the five -year baseline water use. In this case, the confirmed 2020 target is the five percent reduction from the five -year baseline. Table 2 -9: Baselines and Targets Summary Table 2 -10 compares the City's 2015 water use target to its actual 2015 consumption. Based on this comparison, the City is in compliance with its 2015 interim target and has also already met the 2020 water use target. 75E -33 arcadis.com 2 -13 2015 URBAN WATER MANAGEMENT PLAN Table 2 -10: 2015 Compliance 2.5.3 Regional Alliance A retail supplier may choose to meet the SBx7 -7 targets on its own or it may form a regional alliance with other retail suppliers to meet the water use target as a region. Within a Regional Alliance, each retail water supplier will have an additional opportunity to achieve compliance under both an individual target and a regional target. • If the Regional Alliance meets its water use target on a regional basis, all agencies in the alliance are deemed compliant. • If the Regional Alliance fails to meet its water use target, each individual supplier will have an opportunity to meet their water use targets individually. The City is a member of the Orange County 20x2020 Regional Alliance formed by MWDOC. This regional alliance consists of 29 retail agencies in Orange County as described in MWDOC's 2015 UWMP. MWDOC provides assistance in the calculation of each retail agency's baseline water use and water use targets. In 2015, the regional baseline and targets were revised to account for any revisions made by the retail agencies to their individual 2015 and 2020 targets. The regional water use target is the weighted average of the individual retail agencies' targets (by population). The Orange County 20x2020 Regional Alliance weighted 2015 target is 176 GPCD and 2020 target is 158 GPCD. The actual 2015 water use in the region is 125 GPCD, i.e. the region has already met its 2020 GPCD goal. ereadls.con 75E-34 2 -14 2015 URBAN WATER MANAGEMENT PLAN r - ■r s " spy y n .1 Overview The City relies on a combination of imported water, local groundwater, and recycled water to meet its water needs. The City works together with two primary agencies, Metropolitan and OCWD to ensure a safe and reliable water supply that will continue to serve the community in periods of drought and shortage. The sources of imported water supplies include water from the Colorado River and the SWP provided by Metropolitan. The City's main source of water supply is groundwater from the OC Basin. Imported water and recycled water make up the rest of the City's water supply portfolio. Currently, the City relies on approximately 71 percent groundwater, 28 percent imported water, and 1 percent recycled water: The City's water supply portfolio is expected to change slightly to 70 percent groundwater, 29 percent imported water, and 0.7 percent recycled water by the year 2040. The sources of imported water supply include the CRA and the SWP. The City's projected water supply portfolio is shown on Figure 3 -1'. 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 2020 2.025 2030 2035 2040 ■ Groundwater ■ Purchased or Imported Water a Recycled Water Figure 3 -1: Water Supply Sources in the City (AF) The following sections provide a detailed discussion of the City's water sources as well as the future water supply portfolio for the next 25 years. Additionally, the City's projected supply and demand under various hydrological conditions are compared to determine the City's supply reliability for the 25 year planning horizon. 75E -35 arcadis.com 3 -1 2015 URBAN WATER MANAGEMENT PLAN 3,2 Imported Water The City supplements its water supply with imported water purchased from Metropolitan. Metropolitan's principal sources of water are the Colorado River via the CRA and the Lake Oroville watershed in Northern California through the SWP. The water obtained from these sources is treated at the Robert B. Diemer Filtration Plant located north of Yorba Linda. Typically, the Diemer Filtration Plant receives a blend of Colorado River water from Lake Mathews through the Metropolitan Lower Feeder and SWP water through the Yorba Linda Feeder. The City currently maintains seven imported water connections to the Metropolitan system. 3.2.1 Colorado River Supplies The Colorado River was Metropolitan's original source of water after Metropolitan's establishment in 1928. The CRA, which is owned and operated by Metropolitan, transports water from the Colorado River to its terminus at Lake Mathews in Riverside County. The actual amount of water per year that may be conveyed through the CRA to Metropolitan's member agencies is subject to the availability of Colorado River water for delivery. The CRA includes supplies from the implementation of the Quantification Settlement Agreement and related agreements to transfer water from agricultural agencies to urban uses. The 2003 Quantification Settlement Agreement enabled California to implement major Colorado River water conservation and transfer programs, stabilizing water supplies for 75 years and reducing the state's demand on the river to its 4.4 MAF entitlement. Colorado River transactions are potentially available to supply additional water up to the CRA capacity of 1.25 million acre -feet (MAF) on an as- needed basis. Water from the Colorado River or its tributaries is available to users in California, Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as well as to Mexico. California is apportioned the use of 4.4 MAF of water from the Colorado River each year plus one -half of any surplus that may be available for use collectively in Arizona, California, and Nevada. In addition, California has historically been allowed to use Colorado River water apportioned to but not used by Arizona or Nevada. Metropolitan has a basic entitlement of 550,000 AFY of Colorado River water, plus surplus water up to an additional 662,000 AFY when the following conditions exists (Metropolitan, 2015 Draft UWMP, March 2016): • Water unused by the California holders of priorities 1 through 3 • Water saved by the Palo Verde land management, crop rotation, and water supply program • When the U.S. Secretary of the Interior makes available either one or both: o Surplus water is available c Colorado River water is apportioned to but unused by Arizona and /or Nevada Unfortunately, Metropolitan has not received surplus water for a number of years. The Colorado River supply faces current and future imbalances between water supply and demand in the Colorado River Basin due to long term drought conditions. Over the past 16 years (2000- 2015), there have only been three years when the Colorado River flow has been above average (Metropolitan, 2015 Draft UWMP, March 2016). The long -term imbalance in future supply and demand is projected to be approximately 3.2 MAF by the year 2060. arcadis.corn 75E-36 3 -2 2015 URBAN WATER MANAGEMENT PLAN Approximately 40 million people rely on the Colorado River and its tributaries for water with 5.5 million acres of land using Colorado River water for irrigation. Climate change will affect future supply and demand as increasing temperatures may increase evapotranspiration from vegetation along with an increase in water loss due to evaporation in reservoirs, therefore reducing the available amount of supply from the Colorado River and exacerbating imbalances between increasing demands from rapid growth and decreasing supplies. Four water supply scenarios were developed around these uncertainties, each representing possible water supply conditions. These four scenarios are as follow: • Observed Resampled: future hydrologic trends and variability are similar to the past approximately 100 years. • Paleo Resampled: future hydrologic trends and variability are represented by reconstructions of streamflow for a much longer period in the past (approximately 1,250 years) that show expanded variability. • Paleo Conditioned: future hydrologic trends and variability are represented by a blend of the wet -dry states of the longer paleo- reconstructed period. • Downscaled General Circulation Model (GCM) Projected: future climate will continue to warm, with regional precipitation and temperature trends represented through an ensemble of future downscaled GCM projections. The Colorado River Basin Water Supply and Demand Study(Study) assessed the historical water supply in the Colorado River Basin through two historical streamflow data sets, from the year 1906 through 2007 and the paleo- reconstructed record from 762 through 2005. The following are findings from the study: • Increased temperatures in both the Upper and Lower Colorado River Basins since the 1970s has been observed. • Loss of springtime snowpack was observed with consistent results across the lower elevation northern latitudes of the western United States. The large loss of snow at lower elevations strongly suggest the cause is due to shifts in temperature. • The deficit between the two year running average flow and the long -term mean annual flow that started in the year 2000 is more severe than any other deficit in the observed period, at nine years and 28 MAF deficit. • There are deficits of greater severity from the longer paleo record compared to the period from 1906 through 2005. One deficit amounted to 35 MAF through a span of 16 years. • A summary of the trends from the observed period suggest declining stream flows, increases in variability, and seasonal shifts in streamflow that may be related to shifts in temperature. Findings concerning the future projected supply were obtained from the Downscaled GCM Projected scenario as the other methods did not consider the impacts of a changing climate beyond what has occurred historically. These findings include: 75E -37 arcadis.rcrrn 3 -3 2015 URBAN WATER MANAGEMENT PLAN • Increased temperatures are projected across the Colorado River Basin with larger changes in the Upper Basin than in the Lower Basin. Annual Basin -wide average temperature is projected to increase by 1.3 degrees Celsius over the period through 2040. Projected seasonal trends toward drying are significant in certain regions. A general trend towards drying is present in the Colorado River Basin, although increases in precipitation are projected for some higher elevation and hydrologically productive regions. Consistent and expansive drying conditions are projected for the spring and summer months throughout the Colorado River Basin, although some areas in the Lower Basin are projected to experience slight increases in precipitation, which is thought to be attributed to monsoonal influence in the region. Upper Basin precipitation is projected to increase in the fall and winter, and Lower Basin precipitation is projected to decrease. Snowpack is projected to decrease due to precipitation falling as rain rather than snow and warmer temperatures melting the snowpack earlier. Areas where precipitation does not change or increase is projected to have decreased snowpack in the fall and early winter. Substantial decreases in spring snowpack are projected to be widespread due to earlier melt or sublimation of snowpack. • Runoff (both direct and base flow) is spatially diverse, but is generally projected to decrease, except in the northern Rockies. Runoff is projected to increase significantly in the higher elevation Upper Basin during winter but is projected to decrease during spring and summer. The following future actions must be taken to implement solutions and help resolve the imbalance between water supply and demand in areas that use Colorado River water (U.S. Department of the Interior Bureau of Reclamation, Colorado River Basin Water Supply and Demand Study, December 2012): • Resolution of significant uncertainties related to water conservation, reuse, water banking, and weather modification concepts. • Costs, permitting issues, and energy availability issues relating to large- capacity augmentation projects need to be identified and investigated. • Opportunities to advance and improve the resolution of future climate projections should be pursued. • Consideration should be given to projects, policies, and programs that provide a wide -range of benefits to water users and healthy rivers for all users. 3.2.2 State Water Project Supplies The SWP consists of a series of pump stations, reservoirs, aqueducts, tunnels, and power plants operated by DW R and is an integral part of the effort to ensure that business and industry, urban and suburban residents, and farmers throughout much of California have sufficient water. The SWP is the largest state - built, multipurpose, user - financed water project in the United States. Nearly two - thirds of residents in California receive at least part of their water from the SWP with approximately 70 percent of SWP's contracted water supply going to urban users and 30 percent to agricultural users. The primary purpose of the SWP is to divert and store water during wet periods in Northern and Central California and distribute it to areas of need in Northern California, the San Francisco Bay area, the San Joaquin Valley, the Central Coast, and southern California. arcadis.com 75E-38 3 -4 2015 URBAN WATER MANAGEMENT PLAN The availability of water supplies from the SWP can be highly variable. A wet water year may be followed by a dry or critically dry year and fisheries issues can restrict the operations of the export pumps even when water supplies are available. The Sacramento -San Joaquin River Delta (Delta) is key to the SWP's ability to deliver water to its agricultural and urban contractors. All but five of the 29 SWP contractors receive water deliveries below the Delta (pumped via the Harvey O. Banks or Barker Slough pumping plants). However, the Delta faces many challenges concerning its long -term sustainability such as climate change posing a threat of increased variability in floods and droughts. Sea level rise complicates efforts in managing salinity levels and preserving water quality in the Delta to ensure a suitable water supply for urban and agricultural use. Furthermore, other challenges include continued subsidence of Delta islands, many of which are below sea level, and the related threat of a catastrophic levee failure as the water pressure increases, or as a result of a major seismic event. Ongoing regulatory restrictions, such as those imposed by federal biological opinions (Biops) on the effects of SWP and the federal Central Valley Project (CVP) operations on certain marine life, also contributes to the challenge of determining the SWP's water delivery reliability. In dry, below- normal conditions, Metropolitan has increased the supplies delivered through the California Aqueduct by developing flexible CVP /SWP storage and transfer programs. The goal of the storage /transfer programs is to develop additional dry -year supplies that can be conveyed through the available Harvey O. Banks pumping plant capacity to maximize deliveries through the California Aqueduct during dry hydrologic conditions and regulatory restrictions. In addition, the California State Water Resources Control Board (SWRCB) has set water quality objectives that must be met by the SWP including minimum Delta outflows, limits on SWP and CVP Delta exports, and maximum allowable salinity level. Metropolitan's Board approved a Delta Action Plan in June 2007 that provides a framework for staff to pursue actions with other agencies and stakeholders to build a sustainable Delta and reduce conflicts between water supply conveyance and the environment. The Delta action plan aims to prioritize immediate short -term actions to stabilize the Delta while an ultimate solution is selected, and mid -term steps to maintain the Delta while along -term solution is implemented. Currently, Metropolitan is working towards addressing three basin elements: Delta ecosystem restoration, water supply conveyance, and flood control protection and storage development. "Table A" water is the maximum entitlement of SWP water for each water contracting agency. Currently, the combined maximum Table A amount is 4.17 million AFY. Of this amount, 4.13 million AFY is the maximum Table A water available for delivery from the Delta pumps as stated in the State Water Contract. However, deliveries commonly are less than 50 percent of the Table A. SWP contractors may receive Article 21 water on a short -term basis in addition to Table A water if requested. Article 21 of SWP contracts allows contractors to receive additional water deliveries only under specific conditions, generally during wet months of the year (December through March). Because an SWP contractor must have an immediate use for Article 21 supply or a place to store it outside of the SWP, there are few contractors like Metropolitan that can access such supplies. . Carryover water is SWP water allocated to an SWP contractor and approved for delivery to the contractor in a given year but not used by the end of the year. The unused water is stored in the SWP's share of San Luis Reservoir, when space is available, for the contractor to use in the following year. 75E -39 arcadis.com 3 -5 2015 URBAN WATER MANAGEMENT PLAN Turnback pool water is Table A water that has been allocated to SWP contractors that has exceeded their demands. This water can then be purchased by another contractor depending on its availability. SWP Delta exports are the water supplies that are transferred directly to SWP contractors or to San Luis Reservoir storage south of the Delta via the Harvey O. Banks pumping plant. Estimated average annual Delta exports and SWP Table A water deliveries have generally decreased since 2005, when Delta export regulations affecting SWP pumping operations became more restrictive due to the Biops. A summary of SWP water deliveries from the years 2005 and 2013 is summarized in Table 3 -1. Table 3 -1: Metropolitan Colorado River Aqueduct Program Capabilities The following factors affect the ability to estimate existing and future water delivery reliability: • Water availability at the source: Availability depends on the amount and timing of rain and snow that fall in any given year. Generally, during a single dry year or two, surface and groundwater storage can supply most water deliveries, but multiple dry years can result in critically low water reserves. • Water rights with priority over the SWP: Water users with prior water rights are assigned higher priority in DWR's modeling of the SWP's water delivery reliability, even ahead of SWP Table A water. Climate change: mean temperatures are predicted to vary more significantly than previously expected. This change in climate is anticipated to bring warmer winter storms that result in less snowfall at lower elevations, reducing total snowpack. From historical data, DW R projects that by 2050, the Sierra snowpack will be reduced from its historical average by 25 to 40 percent. Increased precipitation as rain could result in a larger number of "rain -on- snow" events, causing snow to melt earlier in the year and over fewer days than historically, affecting the availability of water for pumping by the SWP during summer. • Regulatory restrictions on SWP Delta exports due to the Biops to protect special- status species such as delta smelt and spring- and winter -run Chinook salmon. Restrictions on SWP operations imposed by state and federal agencies contribute substantially to the challenge of accurately determining the SWP's water delivery reliability in any given year. Ongoing environmental and policy planning efforts: the California WaterFix involves water delivery improvements that could reduce salinity levels by diverting a greater amount of lower salinity Sacramento water to the South Delta export pumps. The EcoRestore Program aims to restore at least 30,000 acres of Delta habitat, and plans to be well on the way to meeting that goal by the year 2020. Delta levee failure: The levees are vulnerable to failure because most original levees were simply built with soils dredged from nearby channels and were not engineered. A breach of one or more arcadis.corn 75E-40 3 -6 2015 URBAN WATER MANAGEMENT PLAN levees and island flooding could affect Delta water quality and SWP operations for several months. When islands are flooded, DWR may need to drastically decrease or even cease SWP Delta exports to evaluate damage caused by salinity in the Delta. The Delta Risk Management Strategy addresses the problem of Delta levee failure and evaluates alternatives to reduce the risk to the Delta. Four scenarios were developed to represent a range of possible risk reduction strategies (Department of Water Resources, The State Water Project Final Delivery Capability Report 2015, July 2015). They are: • Trial Scenario 1 Improved Levees: This scenario looks at improving the reliability of Delta levees against flood- induced failures by providing up to 100 -year flood protection. The report found that improved levees would not reduce the risk of potential water export interruptions, nor would it change the seismic risk of most levees. • Trial Scenario 2 Armored Pathway: This scenario looks at improving the reliability of water conveyance by creating a route through the Delta that has high reliability and the ability to minimize saltwater intrusion into the south Delta. The report found that this scenario would have the joint benefit of reducing the likelihood of levee failures from flood events and earthquakes, and of significantly reducing the likelihood of export disruptions. • Trial Scenario 3 Isolated Conveyance: This scenario looks to provide high reliability for conveyance of export water by building an isolated conveyance facility on the east side of the Delta. The effects of this scenario are similar to those for Trial Scenario 2sbut with the added consequence of seismic risk of levee failure on islands that are not part of the isolated conveyance facility. • Trial Scenario 4 Dual Conveyance: This scenario is a combination of Scenarios 2 and 3 as it looks to improve reliability and flexibility for conveyance; of export water by constructing an isolated conveyance facility and through -Delta conveyance. It would mitigate the vulnerability of water exports associated with Delta levee failure and offer flexibility in water exports from the Delta and the isolated conveyance facility. However, seismic risk would not reduced on islands not part of the export conveyance system or infrastructure pathway. DWR has altered the SWP operations to accommodate species of fish listed under the Biops, and these changes have adversely Impacted SWP deliveries. DWR's Water Allocation Analysis indicated that export restrictions are currently reducing deliveries to Metropolitan as much as 150 TAF to 200 TAF under median hydrologic conditions. Operational constraints likely will continue until a long -term solution to the problems in the Bay -Delta is identified and implemented. New biological opinions for listed species under the Federal ESA or by the California Department of Fish and Game's issuance of incidental take authorizations under the Federal ESA and California ESA might further adversely affect SWP and CVP operations. Additionally, new litigation, listings of additional species or new regulatory requirements could further adversely affect SWP operations in the future by requiring additional export reductions, releases of additional water from storage or other operational changes impacting water supply operations. 75E -41 amadis.com 3 -7 2015 URBAN WATER MANAGEMENT PLAN 3.2.3 Storage Storage is a major component of Metropolitan's dry year resource management strategy. Metropolitan's likelihood of having adequate supply capability to meet projected demands, without implementing its Water Supply Allocation Plan, is dependent on its storage resources. Lake Oroville is the SW P's largest storage facility, with a capacity of about 3.5 MAF. The water is released from Oroville Dam into the Feather River as needed, which converges with the Sacramento River while some of the water at Bethany Reservoir is diverted from the California Aqueduct into the South Bay Aqueduct. The primary pumping plant, the Harvey O. Banks pumping plant, pumps Delta water into the California Aqueduct, which is the longest water conveyance system in California. 3.3 Groundwater Historically, local groundwater has been the cheapest and most reliable source of supply for the City. The City draws water from the OC Basin. This source of water meets approximately 71 percent of the City's total annual demand. 3.3.1 Basin Characteristics The OC Basin underlies the northerly half of Orange County beneath broad lowlands. The OC Basin managed by OCWD covers an area of approximately 350 square miles, bordered by the Coyote and Chino Hills to the north, the Santa Ana Mountains to the northeast, and the Pacific Ocean to the southwest. The OC Basin boundary extends to the Orange County -Los Angeles Line to the northwest, where groundwater flows across the county line into the Central Groundwater Basin of Los Angeles County. The total thickness of sedimentary rocks in the OC Basin is over 20,000 feet, with only the upper 2,000 to 4,000 feet containing fresh water. The Pleistocene or younger aquifers comprising this OC Basin are over 2,000 feet deep and form a complex series of interconnected sand and gravel deposits. The OC Basin's full volume is approximately 66 MAF, There are three major aquifer systems that have been subdivided by OCW D, the Shallow Aquifer System, the Principal Aquifer System, and the Deep Aquifer System. These three aquifer systems are hydraulically connected as groundwater is able to flow between each other through intervening aquitards or discontinuities in the aquitards. The Shall Aquifer system occurs from the surface to approximately 250 feet below ground surface. Most of the groundwater from this aquifer system is pumped by small water systems for industrial and agricultural use. The Principal Aquifer system occurs at depths between 200 and 1,300 feet below ground surface. Over 90 percent of groundwater production is from wells that are screened within the Principal Aquifer system. Only a minor amount of groundwater is pumped from the Deep Aquifer system, which underlies the Principal Aquifer system and is up to 2,000 feet deep in the center of the OC Basin. The three major aquifer systems are shown on Figure 3 -2. arcadis.com 75E-42 3 -8 2015 URBAN WATER MANAGEMENT PLAN r 'La Habra m r 5Y s Alnearros BARRIER .—' r , e, f' m % P C Y y Pk TALBERT A Pac lBARRIERN a� y` Q ocfj� } �•• J� f�fl:� �• �' �� f'r i �v as f)P ,� ✓�e �, 1 p OF A rrs3` y 6a FM.yr: � H ONR Besq, 89, Coesini Plsn �OCVVb 90 tlary t ��,r4 + O ofOG GroundweVUr Basin La Habra @Brea City ��5+� '� <j f7 D -'a ■ InleWion YYeAa � 'eoundmlas 7p� �.�� W E .�reWYS Newiwrt I,glawonb FOCtNI�Reohnrge FecNHas ��xx� sv.k'n vaN:CKSIYUWM1mYIWILBssFBi 5uC6nBSwnNrywE i I „Yt� � 'l r fit, n Figure 3 -2: Map of the Orange County Groundwater Basin and its Major /Aquifer Systems The OCWD was formed in 1933 by a special legislative act of the California State Legislature to protect and manage the County's vast, natural, groundwater supply using the best available technology and 75E -43 arcadis.com 3 -9 2015 URBAN WATER MANAGEMENT PLAN defend its water rights to the OC Basin. This legislation is found in the State of California Statutes, Water — Uncodified Acts, Act 5683, as amended. The OC Basin is managed by OCWD under the Act, which functions as a statutorily- imposed physical solution. Groundwater levels are managed within a safe basin operating range to protect the long -term sustainability of the OC Basin and to protect against land subsidence. OCWD regulates groundwater levels in the OC Basin by regulating the annual amount of pumping (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.3.2 Basin Production Percentage The OC Basin is not adjudicated and as such, pumping from the OC Basin is managed through a process that uses financial incentives to encourage groundwater producers to pump a sustainable amount of water. The framework for the financial incentives is based an establishing the basin production percentage (BPP), the percentage of each Producer's total water supply that comesfrom groundwater pumped from the OC Basin. Groundwater production at or below the BPP is assessed a Replenishment Assessment (RA). While there is no legal limit as to how much an agency pumps from the OC Basin, there is a financial disincentive to pump above the BPP. Agencies that pump above the BPP are charged the RA plus the Basin Equity Assessment (BEA), which is calculated so that the cost of groundwater production is greater than MWDOC's full service rate. The BEA can be increased to discourage production above the BPP. The BPP is set uniformly for all Producers by OCWD on an annual basis. The BPP is set based on groundwater conditions, availability of imported water supplies, and basin management objectives. The supplies available for recharge must be estimated for a given year. The supplies of recharge water that are estimated are: 1) Santa Ana River stormflow, 2) Natural incidental recharge, 3) Santa Ana River baseflow, 4) GWRS supplies, and 5) other supplies such as imported water and recycled water purchased for the Alamitos Barrier, The BPP is a major factor in determining the cost of groundwater production from the OC Basin for that year. In some cases, OCWD encourages treating and pumping groundwater that does not meet drinking water standards in order to protect water quality. This is achieved by using a financial incentive called the BEA Exemption. A BEA Exemption is used to clean up and contain the spread of poor quality water. OCWD uses a partial or total exemption of the BEA to compensate a qualified participating agency or Producer for the costs of treating poor quality groundwater. When OCWD authorizes a BEA exemption for a project, it is obligated to provide the replenishment water for the production above the BPP and forgoes the BEA revenue that OCWD would otherwise receive from the producer (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.321 2015 OCWD Groundwater Management Plan OCWD was formed in 1933 by the California legislature to manage and operate the OC Basin in order to protect and increase the OC Basin's sustainable yield in a cost - effective manner. As previously mentioned, the BPP is the primary mechanism used by OCWD to manage pumping in the OC Basin. In 2013, OCWD's Board of Directors adopted a policy to establish a stable BPP with the intention to work toward achieving and maintaining a 75 percent BPP by FY 2015 -16. Although BPP is set at 75 percent, arcadis.aom 75E-44 3 -10 2015 URBAN WATER MANAGEMENT PLAN based on discussions with OCWD a conservative BPP of 70 percent is assumed through 2040. Principles of this policy include: • OCWD's goal is to achieve a stable 75 percent BPP, while maintaining the same process of setting the BPP on an annual basis, with the BPP set in April of each year after a public hearing has been held and based upon the public hearing testimony, presented data, and reports provided at that time. • OCWD would endeavor to transition to the 75 percent BPP between 2013 and 2015 as construction of the GWRS Initial Expansion Project is completed. This expansion will provide an additional 31,000 AFY of water for recharging the groundwater basin. • OCWD must manage the OC Basin in a sustainable manner for future generations. The BPP will be reduced if future conditions warrant the change. • Each project and program to achieve the 75 percent BPP goal will be reviewed individually and assessed for their economic viability. The OC Basin's storage levels would be managed in accordance to the 75 percent BPP policy. It is presumed that the BPP will not decrease as long as the storage levels are between 100,000 and 300,000 AF from full capacity. If the OC Basin is less than 100,000 AF below full capacity, the BPP will be raised. If the OC Basin is over 350,000 AF below full capacity, additional supplies will be sought after to refill the OC Basin and the BPP will be lowered. The OC Basin is managed to maintain water storage levels of not more than 500,000 AF below full condition to avoid permanent and significant negative or adverse impacts. Operating the OC Basin in this manner enables OCWD to encourage reduced pumping during wet years when surface water supplies are plentiful and increase pumping during dry years to provide additional local water supplies during droughts. OCWD determines the optimum level of storage for the following year when it sets the BPP each year. Factors that affect this determination include the current storage level, regional water availability, and hydrologic conditions. When the OC Basin's storage approaches the lower end of the operating range, immediate issues that must be addressed include seawater intrusion, increased risk of land subsidence, and potential for shallow wells to become inoperable due to lower water levels (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.3.2.2 OCWD Engineer's Report The OCWD Engineer's Report reports on the groundwater conditions and investigates information related to water supply and OC Basin usage within OCWD's service area. The overall BPP achieved in the 2013 to 2014 water year within OCWD for non - irrigation use was 75.2 percent. However, a BPP level above 75 percent may be difficult to achieve. Therefore, a BPP ranging from 65 percent to 70 percent is currently being proposed for the ensuing FY 2015 -16. Analysis of the OC Basin's projected accumulated overdraft, the available supplies to the OC Basin (assuming average hydrology) and the projected pumping demands indicate that this level of pumping can be sustained for 2015 -16 without harming the OC Basin. 75E -45 arcadis.com 3 -11 2015 URBAN WATER MANAGEMENT PLAN A BPP of 70 percent corresponds to approximately 320,000 AF of groundwater production including 22,000 AF of groundwater production above the BPP to account for several groundwater quality enhancement projects discussed earlier. In FY 2015 -16 additional production of approximately 22,000 AF above the BPP will be undertaken by the City of Tustin, City of Garden Grove, Mesa Water District, and Irvine Ranch Water District. These agencies use the additional pumping allowance in order to accommodate groundwater quality improvement projects. As in prior years, production above the BPP from these projects would be partially or fully exempt from the BEA as a result of the benefit provided to the OC Basin by removing poor - quality groundwater and treating it for beneficial use (OCWD, 2013 -2014 Engineer's Report, February 2015). 3.3.3 Groundwater Recharge Facilities Recharging water into the OC Basin through natural and artificial means is essential to support pumping from the OC Basin. Active recharge of groundwater began in 1949, in response to increasing drawdown of the OC Basin and consequently the threat of seawater intrusion. The OC Basin's primary source of recharge is flow from the Santa Ana River, which is diverted into recharge basins and its main Orange County tributary, Santiago Creek. Other sources of recharge water include natural infiltration, recycled water, and imported water. Natural recharge consists of subsurface inflow from local hills and mountains, infiltration of precipitation and irrigation water, recharge in small flood control channels, and groundwater underflow to and from Los Angeles County and the ocean. Recycled water for the OC Basin is from two sources. The main source of recycled water is from the GWRS and is recharged in the surface water system and the Talbert Seawater Barrier. The second source of recycled water is the Leo J. Vander Lans Treatment Facility which supplies water to the Alamitos Seawater Barrier. Injection of recycled water into these barriers is an effort by OCWD to control seawater intrusion into the OC Basin. Operation of the injection wells forms a hydraulic barrier to seawater intrusion. Untreated imported water can be used to recharge the OC Basin through the surface water recharge system in multiple locations, such as Anaheim Lake, Santa Ana River, Irvine Lake, and San Antonio Creek. Treated imported water can be used for in -lieu recharge, as was performed extensively from 1977 to 2007 (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.3.4 Metropolitan Groundwater Replenishment Program OCWD, MWDOC, and Metropolitan have developed a successful and efficient groundwater replenishment program to increase storage in the OC Basin. The Groundwater Replenishment Program allows Metropolitan to sell groundwater replenishment water to OCWD and make direct deliveries to agency distribution systems in lieu of producing water from the groundwater basin when surplus surface water is available. This program indirectly replenishes the OC Basin by avoiding pumping. In the in -lieu program, OCWD requests an agency to halt pumping from specified wells. The agency then takes replacement water through its import connections, which is purchased by OCWD from Metropolitan. OCWD purchases the water at a reduced rate, and then bills the agency for the amount it would have had to pay for energy and the RA if it had produced the water from its wells. The deferred local production results in water being left in local storage for future use. arcadis.com 75E-46 3 -12 2015 URBAN WATER MANAGEMENT PLAN 3.3.5 Metropolitan Conjunctive Use Program Since 2004, OCWD and certain groundwater producers have participated in Metropolitan's Conjunctive Use Program (CUP). This program allows for the storage of Metropolitan water in the OC Basin. The existing Metropolitan program provides storage up to 66,000 AF of water in the OC Basin in exchange for Metropolitan's contribution to improvements in basin management facilities. These improvements include eight new groundwater production wells, improvements to the seawater intrusion barrier, and construction of the Diemer Bypass Pipeline. The water is accounted for via the CUP program administered by the wholesale agencies and is controlled by Metropolitan such that it can be withdrawn over a three -year time period (OCWD, 2013 -2014 Engineer's Report, February 2015). 3.3.6 Groundwater Historical Extraction The City pumps groundwater through its twenty operating groundwater wells. A summary of the groundwater volume pumped by the City is shown in Table 3 -2. Table 3.2: Groundwater volume Pumped (AP) 3.3.7 Overdraft Conditions Annual groundwater basin overdraft, as defined in OCWD's Act, is the quantity by which production of groundwater supplies exceeds natural replenishment of groundwater supplies during a water year. This difference between extraction and replenishment can be estimated by determining the change in volume of groundwater in storage that would have occurred had supplemental water not been used for any groundwater recharge purpose, including seawater intrusion protection, advanced water reclamation, and the in -Lieu Program. The annual analysis of basin storage change and accumulated overdraft for water year 2013 -14 has been completed. Based on the three -layer methodology, an accumulated overdraft of 342,000 AF was calculated for the water year ending June 30, 2014. The accumulated overdraft for the water year ending June 30, 2013 was 242,000 AF, which was also calculated using the three -layer storage method. Therefore, an annual decrease of 100,000 AF in stored groundwater was calculated as the difference between the June 2013 and June 2014 accumulated overdrafts (OCWD, 2013 -2014 Engineer's Report, February 2015). 75E -47 arcadis.com 3 -13 2015 URBAN WATER MANAGEMENT PLAN 3. 4 Surr mar of Existing and Planned Sources of Water The actual sources and volume of water for the year 2015 is displayed in Table 3 -3. Table 3 -3: Water Supplies, Actual (AF) arcadis.com 75E-48 3 -14 Q J d F Z W 2 W Q Z Q W Q Z m K N O N U. C. �O CL N d .Q Q 3 fA M v N L F� g a 00 m o N H -ZT Lm M 00 a! O a r" r m m N r M N r, Ot 01 D p r, N M 0q O n -co)) rn N ti m m o0 a N r n m p m m 75E -49 LO m I m ,Q � m O .. � a *- O m v u 3 o a _ -c CL 0O O O c c c m o O) N v U U O 0 ( ®.... a N 0 O Q E v 6 � ra a 3 � a c 0 i � T O d Z 75E -49 LO m I m 2015 URBAN WATER MANAGEMENT PLAN 3.5 Recycled Water The City receives recycled water from the Green Acres Project (GAP) that is used for non - potable applications. More information concerning the City's recycled water usage can be found in Section 6. 3.6 Supply Reliability 3.6.1 Overview Every urban water supplier is required to assess the reliability of their water service to its customers under normal, dry, and multiple dry water years. The City depends on a combination of imported and local supplies to meet its water demands and has taken numerous steps to ensure it has adequate supplies. Development of numerous local augment the reliability of the imported water system. There are various factors that may impact reliability of supplies such as legal, environmental, water quality and climatic which are discussed below. The water supplies are projected to meet full-service demands, Metropolitan's 2015 UWMP finds that Metropolitan is able to meet, full- service demands of its member agencies starting 2020 through 2040 during normal years, single dry year, and multiple dry years. Metropolitan's 2015 Integrated Water Resources Plan (IRP) update describes the core water resources that will be used to meet full- service demands at the retail level under all foreseeable hydrologic conditions from 2020 through 2040. The foundation of Metropolitan's resource strategy for achieving regional water supply reliability has been to develop and implement water resources programs and activities through its IRP preferred resource mix. This preferred resource mix includes conservation, local resources such as water recycling and groundwater recovery, Colorado River supplies and transfers, SWP supplies and transfers, in- region surface reservoir storage, in- region groundwater storage, out -of- region banking, treatment, conveyance and infrastructure improvements. 3.6.2 Factors Impacting Reliability The Act requires a description of water supply reliability and vulnerability to seasonal or climatic shortage. The City's ability to meet supply demands is contingent upon its ability to maintain its water production assets in proper working order. In addition, the following are some of the factors identified by Metropolitar that may have an impact on the reliability of Metropolitan supplies. 3.621 Environment Endangered species protection needs in the Delta have resulted in operational constraints to the SWP system, as mentioned previously in the State Water Project Supplies section. 3.6.2.2 Legal The addition of more species under the Endangered Species Act and new regulatory requirements could impact SWP operations by requiring additional export reductions, releases of additional water from storage or other operational changes impacting water supply operations. arcad1s.com 75E -50 3 -16 2015 URBAN WATER MANAGEMENT PLAN 3.6.2.3 Water Quality 3.6.2.3.1 Imported Water Metropolitan is responsible for providing high quality potable water throughout its service area. Over 300,000 water quality tests are performed per year on Metropolitan's water to test for regulated contaminants and additional contaminants of concern to ensure the safety of its waters. Metropolitan's supplies originate primarily from the CRA and from the SWP. A blend of these two sources, proportional to each year's availability of the source, is then delivered throughout Metropolitan's service area. Metropolitan's primary water sources face individual water quality issues of concern. The CRA water source contains higher total dissolved solids (TDS) and the SWP contains higher levels of organic matter, lending to the formation of disinfection byproducts. To remediate the CRA's high level of salinity and the SWP's high level of organic matter, Metropolitan blends CRA and SWP supplies and has upgraded all of its treatment facilities to include ozone treatment processes, In addition, Metropolitan has been engaged in efforts to protect its Colorado River supplies from threats of uranium, perchlorate, and chromium VI while also investigating the potential water quality impact of emerging contaminants, N- nitrosodimethylamine (NDMA), and pharmaceuticals and personal care products (PPCPs). While unforeseeable water quality issues could alter reliability, Metropolitan's current strategies ensure the deliverability of high quality water. The presence of Quagga Mussels in water sources is a water quality concern. Quagga Mussels are an invasive species that was first discovered in 2007 at Lake Mead, on the Colorado River. This species of mussels form massive colonies in short periods of time, disrupting ecosystems and blocking water intakes. They are capable of causing significant disruption and damage to water distribution systems. Controlling the spread and impacts of this invasive species within the CRA requires extensive maintenance and results in reduced operational flexibility. It also resulted in Metropolitan eliminating deliveries of CRA water into Diamond Valley Lake to keep the reservoir free from Quagga Mussels. 3.6.2.3.2 Groundwater OCWD is responsible for managing the OC Basin. To maintain groundwater quality, OCWD conducts an extensive monitoring program that serves to manage the OC Basin's groundwater production, control groundwater contamination, and comply with all required laws and regulations. A network of nearly 700 wells provides OCWD a source for samples, which are tested for a variety of purposes. OCWD collects 600 to 1,700 samples each month to monitor OC Basin water quality. These samples are collected and tested according to approved federal and state procedures as well as industry- recognized quality assurance and control; protocols. Salinity is a significant water quality problem in many parts of southern California, including Orange County. Salinity is a measure of the dissolved minerals in water including both TDS and nitrates. OCWD continuously monitors the levels of TDS in wells throughout the OC Basin. TDS currently has a California Secondary Maximum Contaminant Level (MCL) of 500 mg /L. The portions of the OC Basin with the highest levels are generally located in the Cites of Irvine, Tustin, Yorba Linda, Anaheim, and Fullerton. There is also a broad area in the central portion of the OC Basin where TDS ranges from 500 to 700 mg /L. Sources of TDS include the water supplies used to recharge the OC Basin and from onsite 3rcad;smn 75E -51 3 -17 2015 URBAN WATER MANAGEMENT PLAN wastewater treatment systems, also known as septic systems. The TDS concentration in the OC Basin is expected to decrease over time as the TDS concentration of GWRS water used to recharge the OC Basin is approximately 50 mg /L. Nitrates are one of the most common and widespread contaminants in groundwater supplies, originating from fertilizer use, animal feedlots, wastewater disposal systems, and other sources. The MCL for nitrate in drinking water is set at 10 mg /L. OCWD regularly monitors nitrate levels in groundwater and works with producers to treat wells that have exceeded safe levels of nitrate concentrations. OCWD manages the nitrate concentration of water recharged by its facilities to reduce nitrate concentrations in groundwater. This includes the operation of the Prado Wetlands, which was designed to remove nitrogen and other pollutants from the Santa Ana River before the water is diverted to be percolated into OCWD's surface water recharge system. Although water from the Deep Aquifer System is of very high quality, it is amber - colored and contains a sulfuric odor due to buried natural organic material. These negative aesthetic qualities require treatment before use as a source of drinking water. The total volume of the amber - colored groundwater is estimated to be approximately 1 MAF. Other contaminants that OCWD monitors within the OC Basin include: • Methyl Tertiary Butyl Ether (MTBE) MTBE is an additive to gasoline that increases octane ratings but became a widespread contaminant in groundwater supplies. The greatest source of MTBE contamination comes from underground fuel tank releases. The primary MCL for MTBE in drinking water is 13 pg /L • Volatile Organic Compounds (VOCs) — VOCs come from a variety of sources including industrial degreasers, paint thinners, and dry cleaning solvents. Locations of VOC contamination within the OC Basin include the former El Toro marine Corps Air Station, the Shall Aquifer System, and portions of the Principal Aquifer System in the Cities of Fullerton and Anaheim. • N- Nitrosodimethylamine (NDMA) — NDMA is a compound that can occur in wastewater that contains its precursors and is disinfected via chlorination and /or chloramination. It is also found in food products such as cured meat, fish, beer, milk, and tobacco smoke. The California Notification Level for NDMA is 10 ng /L and the Response Level is 300 ng /L. In the past, NDMA has been found in groundwater near the Talbert Barrier, which was traced to industrial wastewater dischargers. • 1,4- Dioxane— 1,4- Dioxane is a suspected human carcinogen. It is used as a solvent in various industrial processes such as the manufacture of adhesive products and membranes. • Perchlorate — Perchlorate enters groundwater through application of fertilizer containing perchlorate, water imported from the Colorado River, industrial or military sites that have perchlorate, and natural occurrence. Perchlorate was not detected in 84 percent of the 219 production wells tested between the years 2010 through 2014. • Selenium — Selenium is a naturally occurring micronutrient found in soils and groundwater in the Newport Bay watershed. The bio- accumulation of selenium in the food chain may result in deformities, stunted growth, reduced hatching success, and suppression of immune systems in fish and wildlife. Management of selenium is difficult as there is no off - the -shelf treatment technology available. amad;s.°a,n 75E -52 3 -18 2015 URBAN WATER MANAGEMENT PLAN Constituents of Emerging Concern (CECs) — CECs are either synthetic or naturally occurring substances that are not currently regulated in water supplies or wastewater discharged but can be detected using very sensitive analytical techniques. The newest group of CECs include pharmaceuticals, personal care products, and endocrine disruptors. OCWD's laboratory is one of a few in the state of California that continuously develops capabilities to analyze for new compounds (OCWD, Groundwater Management Plan 2015 Update, June 2015). 3.6.2.4 Climate Change Changing climate patterns are expected to shift precipitation patterns and affect water supply. Unpredictable weather patterns will make water supply planning more challenging. The areas of concern for California include a reduction in Sierra Nevada Mountain snowpack, increased intensity and frequency of extreme weather events, and rising sea levels causing increased risk of Delta levee failure, seawater intrusion of coastal groundwater basins, and potential cutbacks on the SWP and CVP. The major impact in California is that without additional surface storage, the earlier and heavier runoff (rather than snowpack retaining water in storage in the mountains), will result in more water being lost to the oceans. A heavy emphases on storage is needed in the State of California. In addition, the Colorado River Basin supplies have been inconsistent since about the year 2000, resulting in 13 of the last 16 years of the upper basin runoff being below normal. Climate models are predicting a continuation of this pattern whereby hotter and drier weather conditions will result in continuing lower runoff. Legal, environmental, and water quality issues may have impacts on Metropolitan supplies. It is felt, however, that climatic factors would have more of an impact than legal, water quality, and environmental factors. Climatic conditions have been projected based on historical patterns but severe pattern changes are still a possibility in the future. 3.6.3 Normal -Year Reliability Comparison The City has entitlements to receive imported water from Metropolitan via the regional distribution system. Although pipeline and connection capacity rights do not guarantee the availability of water, per se, they do guarantee the ability to convey water when it is available to the Metropolitan distribution system. All imported water supplies are assumed available to the City from existing water transmission facilities. The demand and supplies listed below also include local groundwater supplies that are available to the City through OCWD by a pre- determined pumping percentage. For the 2015 UWMP, the normal dry year was selected as the City's 2015 demand. Due to ongoing drought conditions within California and the increased implementation of mitigation measures, 2015 was determined to represent an average water demand for this UWMP. 3.6.4 Single -Dry Year Reliability Comparison A Single -dry year is defined as a single year of no to minimal rainfall within a period that average precipitation is expected to occur. The City has documented that it is 100 percent reliable for single dry year demands from 2020 through 2040 with a demand increase of 6 percent using FY 2013 -14 as the arcadis.com 75E -53 RIK 2015 URBAN WATER MANAGEMENT PLAN single dry -year. This percentage was determined by MWDOC based on historical data for all of its retail agencies through the "Bump Methodology" that is explained in Appendix G. 3.6,5 Multiple -Dry Year Period Reliability Comparison Multiple -dry years are defined as three or more years with minimal rainfall within a period of average precipitation. The City is capable of meeting all customers' demands with significant reserves held by Metropolitan, local groundwater supplies, and conservation in multiple dry years from 2020 through 2040 with a demand increase of 6 percent using FY 2011 -12 through FY 2013 -14 as the driest years. MWDOC chose the highest average demand over a three year period for the multi -dry year demand increase. This value was repeated over the three year span as a conservative assumption where demand would increase significantly in a prolonged drought and would remain constant through the years. The basis of the water year is displayed in Table 3 -5. Table 3 -5: Basis of Water Year Data (AF) .7 Supply and Demand Assessment A comparison between the supply and the demand for projected years between 2020 and 2040 is shown in Table 3 -6. As stated above, the available supply will meet projected demand due to diversified supply and conservation measures. ar°adis.°om 75E -54 3 -20 2015 URBAN WATER MANAGEMENT PLAN Table 3 -6: Normal Year Supply and Demand Comparison (AF) A comparison between the supply and the demand in a single dry year and multiple dry years are shown in Tables 3 -7 and 3 -8 respectively. As stated above, the available supply will meet projected demand due to diversified supply and conservation measures. Table 3 -7: Single Dry Year Supply and Demand. Comparison (AF) Supply totals 39,218 42,100 42,388 42,377 42,438 Demand totals 39,218 42,100 42,388 42,377 42,438 Differehca 0 0 0 0 0 NOTES: Developed by MWDOC as 2015 Bump Methodology amadis.com 75E -55 3 -21 Retsib Normal Year Supply and Demand Comparison 2020: 205' 203Q 2035 2040, Supplyiotals,,- 36,998 39,717 39,989 39,978 40,036 D�ma�d totals 36,998 39,717 39,989 39,978 40,036 D<fiergnce � 0 0 0 0 0 NOTES: A comparison between the supply and the demand in a single dry year and multiple dry years are shown in Tables 3 -7 and 3 -8 respectively. As stated above, the available supply will meet projected demand due to diversified supply and conservation measures. Table 3 -7: Single Dry Year Supply and Demand. Comparison (AF) Supply totals 39,218 42,100 42,388 42,377 42,438 Demand totals 39,218 42,100 42,388 42,377 42,438 Differehca 0 0 0 0 0 NOTES: Developed by MWDOC as 2015 Bump Methodology amadis.com 75E -55 3 -21 2015 URBAN WATER MANAGEMENT PLAN Table 3 -8: Multiple Dry Years Supply and Demand Comparison (AF) T«ads.com 75E -56 3 -22 ple Dry Years Supply and Demand Comparison 2020 2025 2030 2035 '.- 2,040 Supply totals 39,218 42,100 42,388 42,377 42,438 First year Demand totals 39,218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 Supply totals 39,218 42,100 42,388 42,377 42,438 Second year Demand totals` 39,218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 Supply totals 39,218 42,100 42,388 42,377 42,438 Third year Demand totals '. 39,218 42,100 42,388 42,377 42,438 Difference 0 0 0 0 0 NOTES: Developed by MWDOC as 2015 Bump Methodology T«ads.com 75E -56 3 -22 2015 URBAN WATER MANAGEMENT PLAN The Demand Management Measures (DMM) section provides a comprehensive description of the water conservation programs that a supplier has implemented, is currently implementing, and plans to implement in order to meet its urban water use reduction targets. The reporting requirements for DMM were significantly modified and streamlined in 2014 by Assembly Bill 2067. For a retail agency such as the City the requirements changed from having 14 specific measures to six more general requirements plus an 'other" category. .1 Water Waste Prevention Ordinances The City Council adopted the Water Conservation and Supply Shortage Program Ordinance No. NS -2877 on May 19, 2015. Ordinance No. NS -2877 establishes permanent water conservation requirements and prohibition against waste that are effective at all times and is not dependent upon a water shortage for implementation, as follows: • No washing down hard or paved surfaces Limit on watering hours • Re- circulating water required for water fountains and decorative water features • Drinking water served upon request only • Limits on washing vehicles Commercial lodging establishments must provide guests option to decline daily linen services • Restaurants required to use water conserving dish wash spray valves • Obligation to fix leaks, break, or malfunctions No installation of single pass cooling systems • Commercial car wash systems • No excessive water flow or runoff • No installation of non - recirculating water systems in commercial car wash and laundry systems • No watering during or within 48 hours of measurable rainfall • No irrigation of ornamental turf on public street medians with potable water • Limit on irrigation with potable water of landscapes outside of new construction In an event of a water supply shortage, the ordinance further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. The provisions and water conservation measures to be implemented in response to each shortage level are described in Section 5 of the UWMP. The City's Water Conservation and Supply Shortage Program Ordinance is included in Appendix D. arcadis.com 75E -57 4 -1 2015 URBAN WATER MANAGEMENT PLAN Table 4 -1 summarizes the City's water waste prohibition efforts in the past five years and the projected number of sit visits and expenditures related to the Water Conservation and Supply Shortage Program. Table 4 -1: Water Waste Prohibition The City maintains active water wasting prohibition measures at all times and has the ability to implement additional measures as water conservation needs dictate (see Table 5.3 in Section 5 -5). In 2015, as a result of the Governor's drought mandates, the City began to track its water wasting prohibition enforcement activities. On June 2, 2015 the City declared a Phase 2 water supply shortage in Resolution No. 2015 -025 by formally requiring all water consumers to reduce use by 12 percent relative to their 2013 consumption. Additionally, on August 4, 2015, a water wasting penalty rate was established by Resolution No. 2015 -047. This new penalty rate permits City staff to penalize those users not meeting their water use reduction targets of 12 percent. The City of Santa Ana as a whole has been meeting its State mandated target; as a result the City has yet to impose any monetary penalties on any of its users. The City has communicated the water wasting prohibitions and water conservation measures via various communication outlets available including messaging on water bills, bill inserts, bill envelopes, the City website, bus shelter advertisements, City newsletters, pole banners across the City, and a water conservation booth at community events. As a result, in 2015 the City received 1,064 water waster complaints: a dramatic increase from prior years. The City intends to continue both its water waste enforcement efforts and water conservation messaging in the future; however, the intensity of both activities will be directly related to the level of water conservation required to meet stated use reductions. 4.2 Metering The City requires individual metering for all new connections and bills by volume -of -use. All existing connections are metered. arcadis.com 75E-58 4 -2 2015 URBAN WATER MANAGEMENT PLAN The City has a meter replacement and calibration program in place. The program is focused on replacing aging meters and those with high use. The City's meter calibration program is customer driven and is focused on testing meters at the request of customers. The City plans to expand the meter replacement and calibration program in the next five years by the implementing and deploying Automated Meter Infrastructure (AMI) and a proactive calibration and testing program focused on periodically testing high use meters. In accordance with the City's municipal code, all new development with over 1,000 square feet of landscape requires the installation of dedicated landscape meters. The City has also adopted a policy requiring individual metering of all users such as individual tenants of commercial plazas, residential condominiums, and apartments. 4.3 Conservation Pricing There are two parts to the City's water service charges: a fixed Basic Service Charge and a variable Commodity Charge. The Basic Service Charge is a fixed amount based on the connection's meter size and is billed bi- monthly. The Commodity Charge is determined by the amount of water served to the property and is measured in hundred cubic feet (HCF). The City also provides private fire water service and recycled water to specific customers and also has a Private Fire Service Charge and a Recycled Water Commodity Charge. The City's current Commodity Charge rates, effective from July 1, 2015 until July 1, 2016, were approved on February 17, 2015 and are shown in Table 4 -2. Table 4 -2: Water Rates Effective July 1; 2415 1 0 -44 $2.79 2 , 45 or over $3.36 Recycled Water I N/A $2.23 4.4 Public Education and Outreach Part of the City's public education and outreach program is administered by MWDOC, although the City is not one of its retail agencies. MWDOC has established an extensive public education and outreach program to assist retail agencies in Orange County to promote water use efficiency awareness within their service areas. MWDOC's public education and outreach programs consist of five primary activities as described below. In addition to the primary programs it administers, MWDOC also maintains a vibrant public website (www.mwdoc.com) as well as a social media presence on Facebook, Twitter and Instagram. MWDOC's Facebook page has more than 1,200 followers. The social media channels are used to educate the public about water - efficiency, rates and other water - related issues. arcad;s_com 75E -59 4 -3 2015 URBAN WATER MANAGEMENT PLAN MWDOC's public education and outreach programs are described below: School Education Programs MWDOC school education programs reach more than 100,000 students per year. The program is broken into elementary and high school components. Elementary School Program reaches 60,000 students throughout Orange County through assemblies hosted by the Discovery Science Center. MWDOC holds a $220,000 contract with the Discovery Science Center, funded proportionally by the participating MWDOC retail agencies. High School Program is new in 2015 -16 and will reach students in 20 high schools in Orange County. The program is administered by MWDOC and operated by two contractors, the OC Department of Education and the Ecology Center. Through the three -year contract, those agencies will train more than 100 county teachers on water education on topics such as, water sources, water conservation, water recycling, watersheds, and ecological solutions for the benefit of their current and future students. Teachers will learn a variety of water conservation methods, such as irrigation technology, rainwater harvesting, water recycling, and water foot - printing through a tour at the Ecology Center facility. These trainings allow teachers to support student -led conservation efforts. The program will reach a minimum of 25,000 students by providing in- classroom water education and helping students Plan and implement campus wide "Water Expos" that will allow peer -to -peer instruction on water issues. The $80,000 program is funded by participating agencies. Value of Water Communication Program MWDOC administers this program on behalf of 14 agencies. The $190,000 program involves the water agencies developing 30 full news pages that will appear weekly in the Orange County Register, the largest newspaper in the county, with a Sunday readership of 798,000. The campaign will educate OC residents and business leaders on water infrastructure issues and water efficiency measures, as well as advertise water related events and other pertinent information. Quarterly Water Policy Dinners The Water Policy Dinner events attract 225 to 300 water and civic leaders every quarter. The programs host speakers topical to the OC water industry, with recent addresses from Felicia Marcus of the state water board and Dr. Lucy Jones, a noted expert on earthquakes and their potential impact on infrastructure. Annual Water Summit The annual Water Summit brings together 300 Orange County water and civic leaders with state and national experts on water infrastructure and governance issues. The half -day event has a budget of $80,000 per year. Portions of the cost are covered by attendance and sponsorships, while MWDOC splits a portion with its event partner, OCW D. Water Inspection Trips Water Inspection trips take stakeholders on tours of the CRA, California Delta and other key water infrastructure sites. The public trips are required under Metropolitan's regulations. Metropolitan covers the cost of the trips. In the past years, the City participated in trips, each taking an average of 30 residents. arc:adis.com 75E-60 4 -4 2015 URBAN WATER MANAGEMENT PLAN Organized Community Events The City participates in many organized community events including the farmer's market, neighborhood association meetings and various cultural and holiday celebrations such as the Cinco de Mayo and Independence Day festivals. The City promotes water quality and conservation efforts via the City's Water Conservation Booth. Staff from the City's water resources division interacts with community members and provides educational and promotional materials that both promote the high quality of the City's drinking water and conservation measures. .5 Programs to Assess and Manage Distribution System Real Lass Senate Bill 1420 signed into law in September 2014 requires urban water suppliers that submit UWMPs to calculate annual system water losses using the water audit methodology developed by the AWWA. SB 1420 requires the water loss audit be submitted to DWR every five years as part of the urban water supplier's UWMP. Water auditing is the basis for effective water loss control. DWR's UWMP Guidebook include a water audit manual intended to help water utilities complete the AWWA Water Audit on an annual basis. A Water Loss Audit was completed for the City which identified areas for improvement and quantified total loss. Based on the data presented, the three priority areas identified were water imported, billed metered, and unauthorized consumption. Multiple criteria area part of each validity score and a system wide approach will need to be implemented for the City's improvement. Quantified water loss for the FY 2014 -15 was 677 AF which is a significant volume and presents opportunities for improvement. The City completes a system water audit to calculate water losses on an annual basis. The City's leak prevention and repair program includes an annual commitment to replace aging water main infrastructure. Leak detection will be a part of the AMI project. 4.6 Water Conservation Program Coordination and Staffing Support The City's Water Service Quality Coordinator, a position created in 1991, acts as the water conservation coordinator. The conservation coordinator is responsible for conservation program activities and acts as a liaison with MWDOC, Metropolitan, California Urban Water Conservation Council, and others. The City's conservation coordinator's duties include the following: • Administer the contracts that the City has with Metropolitan and MWDOC regarding rebate programs. • Conduct surveys at the request of residential and business customers (or designate a staff member to do so). • Coordinate with other agencies and public groups' displays on conservation information and provide free water conservation materials to the public. • Monitor the recycled water program for the City. • Administer the City's education program using contractors or staff to educate children of City schools or other locations. The City's water conservation programs are funded by the water ratepayers. The conservation program efforts are factored into the City's existing and future water rates as currently adopted. arcadis.ccm 75E -61 4 -5 2015 URBAN WATER MANAGEMENT PLAN we 5.1 Overview In connection with recent water supply challenges, the State Water Resources Control Board found that California has been subject to multi -year droughts in the past, and the Southwest is becoming drier, increasing the probability of prolonged droughts in the future. Due to current and potential future water supply shortages, Governor Brown issued a drought emergency proclamation on January 2014 and signed the 2014 Executive Order that directs urban water suppliers to implement drought response plans to limit outdoor irrigation and wasteful water practices if they are not already in place. Pursuant to California Water Code Section 106, it is the declared policy of the state that domestic water use is the highest use of water and the next highest use is irrigation. This section describes the water supply shortage policies Metropolitan and the City have in place to respond to events including catastrophic interruption and reduction in water supply. 5. 2 Shart ge Actions 5.2.1 Metropolitan Water Surplus and Drought Management Plan Metropolitan evaluates the level of supplies available and existing levels of water in storage to determine the appropriate management stage annually. Each stage is associated with specific resource management actions to avoid extreme shortages to the extent possible and minimize adverse impacts to retail customers should an extreme shortage occur. The sequencing outlined in the Water Surplus and Drought Management (WSDM) Plan reflects anticipated responses towards Metropolitan's existing and expected resource mix. Surplus stages occur when net annual deliveries can be made to water storage programs. Under the WSDM Plan, there are four surplus management stages that provides a framework for actions to take for surplus supplies. Deliveries in DVL and in SWP terminal reservoirs continue through each surplus stage provided there is available storage capacity. Withdrawals from DVL for regulatory purposes or to meet seasonal demands may occur in any stage. The WSDM Plan distinguishes between shortages, severe shortages, and extreme shortages. The differences between each term is listed below. Shortage: Metropolitan can meet full- service demands and partially meet or fully meet interruptible demands using stored water or water transfers as necessary. • Severe Shortage: Metropolitan can meet full- service demands only by using stored water, transfers, and possibly calling for extraordinary conservation. • Extreme Shortage: Metropolitan must allocate available supply to full- service customers. There are six shortage management stages to guide resource management activities. These stages are defined by shortfalls in imported supply and water balances in Metropolitan's storage programs. When Metropolitan must make net withdrawals from storage to meet demands, it is considered to be in a shortage condition. Figure 5 -1 gives a summary of actions under each surplus and shortage stages when arcadis.com 75E-62 5 -1 2015 URBAN WATER MANAGEMENT PLAN an allocation plan is necessary to enforce mandatary cutbacks. The goal of the WSDM plan is to avoid Stage 6, an extreme shortage. Figure 5 -1: Resource Stages, Anticipated Actions, and Supply Declarations Metropolitan's Board of Directors adopted a Water Supply Condition Framework in June 2008 in order to communicate the urgency of the region's water supply situation and the need for further water conservation practices. The framework has four conditions, each calling increasing levels of conservation. Descriptions for each of the four conditions are listed below: • Baseline Water Use Efficiency: Ongoing conservation, outreach, and recycling programs to achieve permanent reductions In water use and build storage reserves. • Condition 1 Water Supply Watch: Local agency voluntary dry -year conservation measures and use of regional storage reserves. • Condition 2 Water Supply Alert: Regional call for cities, counties, member agencies, and retail water agencies to implement extraordinary conservation through drought ordinances and other measures to mitigate use of storage. reserves. • Condition 3 Water Supply Allocation: Implement Metropolitan's Water Supply Allocation Plan As noted in Condition 3, should supplies become limited to the point where imported water demands cannot be met, Metropolitan will allocate water through the Water Supply Allocation Plan (WSAP) (Metropolitan, 2015 Final Draft UWMP, March 2016). arcadis.com 75E -63 5 -2 2015 URBAN WATER MANAGEMENT PLAN 5.2.2 Metropolitan Water Supply Allocation Plan Metropolitan's imported supplies have been impacted by a number of water supply challenges as noted earlier. In case of extreme water shortage within the Metropolitan service area is the implementation of its Water Supply Allocation Plan, Metropolitan's Board of Directors adopted the WSAP in February 2008 to fairly distribute a limited amount of water supply and applies it through a detailed methodology to reflect a range of local conditions and needs of the region's retail water consumers. The WSAP includes the specific formula for calculating member agency supply allocations and the key implementation elements needed for administering an allocation. Metropolitan's WSAP is the foundation for the urban water shortage contingency analysis required under Water Code Section 10632 and is part of Metropolitan's 2015 UWMP. Metropolitan's WSAP was developed in consideration of the principles and guidelines in Metropolitan's 1999 WSDM with the core objective of creating an equitable "needs -based allocation'. The WSAP's formula seeks to balance the impacts of a shortage at the retail level while maintaining equity on the wholesale level for shortages of Metropolitan supplies of up to 50 percent. The formula takes into account a number of factors, such as the impact on retail customers, growth in population, changes in supply conditions, investments in local resources, demand hardening aspects of water conservation savings, recycled water, extraordinary storage and transfer actions, and groundwater imported water needs. The formula is calculated in three steps: 1) based period calculations, 2) allocation year calculations, and 3) supply allocation calculations. The first two steps involve standard computations, while the third step contains specific methodology developed for the WSAP: Step 1: Base Period Calculations — The first step in calculating a member agency's water supply allocation is to estimate their water supply and demand using a historical based period with established water supply and delivery data. The base period for each of the different categories of supply and demand is calculated using data from the two most recent non - shortage fiscal years ending 2013 and 2014. Step 2: Allocation Year Calculations — The next step in calculating the member agency's water supply allocation is estimating water needs in the allocation year. This is done by adjusting the base period estimates of retail demand for population growth and changes in local supplies. Step 3: Supply Allocation Calculations — The final step is calculating the water supply allocation for each member agency based on the allocation year water needs identified in Step 2. In order to implement the WSAP, Metropolitan's Board of Directors makes a determination on the level of the regional shortage, based on specific criteria, typically in April. The criteria used by Metropolitan includes, current levels of storage, estimated water supplies conditions, and projected imported water demands. The allocations, if deemed necessary, go into effect in July of the same year and remain in effect for a 12 -month period. The schedule is made at the discretion of the Board of Directors. Although Metropolitan's 2015 UWMP forecasts that Metropolitan will be able to meet projected imported demands throughout the projected period from 2020 to 2040, uncertainty in supply conditions can result arcadis.com 75E-64 5 -3 2015 URBAN WATER MANAGEMENT PLAN in Metropolitan needing to implement its WSAP to preserve dry -year storage and curtail demands (Metropolitan, 2015 Draft UWMP, March 2016). 5.2.3 City of Santa Ana The City's Water Conservation Ordinance No. NS -2877 was passed by the City on May 19, 2015. The purpose of the Water Conservation Ordinance is to encourage reduced water consumption within the City through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the City. It provides procedures, rules, and regulations for mandatory water conservation that gain results while minimizing the effect of a water shortage on the City's water customers. The City is fully dependent on Metropolitan and OCWD for its water supply. Confirmation of an extended water shortage emergency would generally be received from one or both of these agencies. An actual shortage does not have to exist; merely the threat of a shortage is sufficient cause to impose sanctions. When a water shortage appears imminent, the City Manager notifies the City Council and recommends holding a public hearing for the purpose of determining whether a water shortage emergency exists. If the City Council determines that a water shortage exists, it then makes the decision as to the appropriate phase of the Ordinance to implement. There: are three Water Shortage Stages that the City can implement. A summary of the stages of water shortage is displayed in Table 5 -1 (Santa Ana, City Ordinance No. NS -2877, May 2015). The City does not have a set percent supply reduction for each stage but will determine the percent reduction as it enters into each stage. Table 5 -1: Stages of Water Shortage Contingency Plan A Phase 1 Water Shortage applies during times of 1 Up to 10% regional drought when, in the spirit of cooperation, the City desires to assist in overall water conservation and water consumption reduction A Phase 2 Water Shortage applies during times of 2 U to 20% regional drought when, in the spirit of cooperation, the P City desires to assist in overall water conservation and water consumption reduction A Phase 3 Water Shortage Emergency applies during 3 Up to 50% times of regional drought when, in the spirit of cooperation, the City desires to assist in overall water conservation and water consumption reduction NOTES: aroadls.com 75E -65 5 -4 2015 URBAN WATER MANAGEMENT PLAN 5.3 Three-Year Minimum Water Supply As a matter of practice, Metropolitan does not provide annual estimates of the minimum supplies available to its member agencies. As such, Metropolitan member agencies must develop their own estimates for the purposes of meeting the requirements of the Act. Section 135 of the Metropolitan Water District Act declares that a member agency has the right to invoke its "preferential right" to water, which grants each member agency a preferential right to purchase a percentage of Metropolitan's available supplies based on specified, cumulative financial contributions to Metropolitan. Each year, Metropolitan calculates and distributes each member agency's percentage of preferential rights. However, since Metropolitan's creation in 1927, no member agency has ever invoked these rights as a means of acquiring limited supplies from Metropolitan. As captured in its 2015 UWMP, Metropolitan believes that the water supply and demand management actions it is undertaking will increase its reliability throughout the 25 -year period addressed in its plan. Thus for purposes of this estimate, it is assumed that Metropolitan will be able to maintain the identified supply amounts throughout the three -year period. Metropolitan projects reliability for full service demands through the year 2040. Additionally, through a variety of groundwater reliability programs conducted by OCWD and participated in by the City, local supplies are projected to be maintained at demand levels. Based on Metropolitan's WSAP, the City is expected to fully meet demands for the next three years assuming Metropolitan is not in shortage, a BPP of 70 percent for Local Supplies, and zero allocations are imposed for Imported Supplies. The Three Year Estimated Minimum Water Supply is listed in Table 5 -2. Table 5.2: Minimum Supply Next Three Years (AF) 5.4 Catastrophic Supply Interruption Given the great distances that imported supplies travel to reach Orange County, the region is vulnerable to interruptions along hundreds of miles aqueducts, pipelines and other facilities associated with delivering the supplies to the region. Additionally, the infrastructure in place to deliver supplies are susceptible to damage from earthquakes and other disasters. 5.4.1 Metropolitan Metropolitan has comprehensive plans for stages of actions it would undertake to address a catastrophic interruption in water supplies through its WSDM and WSAP. Metropolitan also developed an Emergency Storage Requirement to mitigate against potential interruption in water supplies resulting from aroadis.com 75E-66 5 -5 2015 URBAN WATER MANAGEMENT PLAN catastrophic occurrences within the southern California region, including seismic events along the San Andreas Fault. In addition, Metropolitan is working with the state to implement a comprehensive improvement plan to address catastrophic occurrences outside of the southern California region, such as a maximum probable seismic event in the Delta that would cause levee failure and disruption of SWP deliveries. For greater detail on Metropolitan's planned responses to catastrophic interruption, please refer to Metropolitan's 2015 UWMP. 5.4.2 Water Emergency Response of Orange County In 1983, the Orange County water community identified a need to develop a plan on how agencies would respond effectively to disasters impacting the regional water distribution system. The collective efforts of these agencies resulted in the formation of the Water Emergency Response Organization of Orange County ( WEROC) to coordinate emergency response on behalf of all Orange County water and wastewater agencies, develop an emergency plan to respond to disasters, and conduct disaster training exercises for the Orange County water community. WEROC was established with the creation of an indemnification agreement between its member agencies to protect each other against civil liabilities and to facilitate the exchange of resources. WEROC is unique in its ability to provide a single point of contact for representation of all water and wastewater utilities in Orange County during a disaster. This representation is to the county, state, and federal disaster coordination agencies. Within the Orange County Operational Area, WEROC is the recognized contact for emergency response for the water community, including the City. 5.4.3 City of Santa Ana The Water Utility's Emergency Response Plan (ERP) identifies the immediate actions that the City will take to respond, in coordination with the City's Emergency Response Plan, to a declared water shortage. The City will work in close cooperation with Metropolitan and the Metropolitan Area Radio System (MARS) Network, an organization of water utilities within the service area of Metropolitan to immediately contact its customer agencies during an emergency about potential interruption of services. MARS is an emergency communications system to facilitate the flow of information, control, and exchange of materials and mutual aid within Metropolitan's service area. Metropolitan and its member agencies formed MARS to improve emergency' response, provide alternate means of communication in emergencies, and expedite mutual aid. In the case that the Metropolitan Emergency Operations Center (MEOC) is activated, the MEOC will direct all coordination with member agencies. The Water Utility's ERP describes the organizational and operational policies and procedures required to meet the needs of sufficient water for firefighting operations and safe drinking water and provide a system for organizing and prioritizing water repairs. It also cites authorities and specifies the public and private organizations responsible for providing water service. The Water Utility will operate under normal operating procedures until a situation is beyond its control. This includes implementation of any allocation plan passed on by Metropolitan, and water shortage contingency plans of OCWD. If the situation is the Water Utility's control, the Water Operations Center (WOC) may be activated to better manage the situation. If the situation warrants, the City Emergency Operations Center (EOC) may arcadls.cam 75E-67 5 -6 2015 URBAN WATER MANAGEMENT PLAN be activated at which time a water representative will be sent to the EOC to coordinate water emergency response with all other City department's emergency response. 5.5 Prohibitions, Penalties and Consumption Reduction Methods 5.5.1 Prohibitions The City's Water Conservation Ordinance No. NS -2877 lists water conservation requirements that will take effect upon implementation by the City Council. These prohibitions will promote the efficient use of water, reduce or eliminate water waste, and enable implementation of the City's Water Shortage Contingency Measures. Water conservation measures become more restrictive per each progressive stage in order to address the increasing differential between water supply and demand. A list of restrictions and prohibitions that are applicable to each stage is shown in Table 5 -3 (Santa Ana, City Ordinance No. NS -2877, May 2015). Table 5 -3: Restrictions and Prohibitions on End Uses Only: Retail Penalty, Restrictions and Charge, or Stage Prohibitions on Additional Explanation or Reference Other End Users Enforcement? This restriction does not apply to situations where it is necessary to Other - Prohibit dispose of dangerous liquids or use of potable alleviate safety or sanitary hazards. No Permanent Year -Round water for washing Only then may this be performed by hard surfaces use of a hand -held bucket or a hand- held hose equipped with a positive self - closing water shut -off device. Watering of lawn, landscape or other turf areas except between the hours Landscape - Limit of 6:00 p.m. and 9:00 a.m. is landscape prohibited, except by use of a hand - No Permanent Year -Round irrigation to water shut -off nozzle or device, or specific times for very short periods of time for the express purpose of adjusting or repairing an irrigation system. The use of water to clean, fill or Other water maintain levels in decorative Permanent Year -Round feature or fountains, ponds, lakes or other No swimming pool similar aesthetic structures unless restriction such water is part of a recirculating arcadis.com 75E-68 5 -7 2015 URBAN WATER MANAGEMENT PLAN is prohibited. CII - Restaurants Permanent Year -Round may only serve water upon No Other - Prohibit vehicle washing Permanent Year -Round except at facilities No using recycled or recirculating water CII - Lodging Permanent Year -Round establishment No must offer opt out of linen service CII - Commercial Permanent Year -Round kitchens required No to use pre -rinse spray valves Other - Customers must repair leaks, Permanent Year -Round breaks, and malfunctions in a timely manner Permanent Year -Round Other Permanent Year -Round Other All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy -two (72) No hours of notification by the City, unless other arrangements are made with the City. Installation of single pass cooling systems is prohibited in buildings No requesting new water service. All commercial conveyor car wash systems must have installed operational recirculating water No systems, or must have secured a waiver of this requirement from the Landscape - Permanent Year -Round Restrict or prohibit No runoff from landscape arcadis.com 75E -69 2015 URBAN WATER MANAGEMENT PLAN arcadacom 75E-70 5 -9 Only: Retail Penalty, Restrictions and Charge, or Stage Prohibitions on Additional Explanation or Reference Other End Users Enforcement? irrigation Installation of non -re- circulating water systems is prohibited in new No Permanent Year -Round Other commercial conveyor car wash and new commercial laundry systems. Landscape- Other The use of water to irrigate outdoor landscape landscapes during or within 48 hours No Permanent Year -Round restriction or after measurable rainfall is prohibition prohibited. Landscape - Other The irrigation of ornamental turf on Permanent Year -Round landscape public street medians with potable No restriction or water is prohibited. prohibition Irrigation of newly constructed homes and buildings must be Performed in a manner consistent Landscape - Other with regulations or other Permanent Year -Round landscape requirements established by the No restriction or California Building Standards prohibition Commission and the Department of Housing and Community Development. Watering of lawn, landscape or other turf areas is prohibited except Landscape - Limit between the hours of 6:00 p.m. and 1 landscape 6:00 a.m. on the days of Monday, Yes irrigation to Thursday and Saturday. This does not specific days apply to commercial nurseries and golf courses. The watering of lawn, landscape or other turf areas of commercial Landscape - Other nurseries or golf courses shall be 1 landscape allowed between the hours of 6: 00 Yes restriction or p. m. and 6: 00 a. m. There shall be prohibition no restriction on watering utilizing reclaimed water. arcadacom 75E-70 5 -9 2015 URBAN WATER MANAGEMENT PLAN arcadis.com 75E -71 5 -10 All leaks, breaks, or other Other - Customers malfunctions in the water user's must repair leaks, plumbing or distribution system must 1 breaks, and be repaired within seventy -two (72) Yes malfunctions in a hours of notification by the City, timely manner unless other arrangements are made with the City. Watering of lawn, landscape or other Landscape - Limit turf areas is prohibited except landscape between the hours of 6:00 p.m. and 2 6:00 a.m. on the days of Monday and Yes irrigation to Thursday. This provision does not specific days apply to commercial nurseries and golf courses. The watering of lawn, landscape or other turf areas of commercial Landscape - Other nurseries or golf courses shall be landscape allowed every other day and 2 restriction or between the hours of 6: 00 p.m. and Yes prohibition 6:00 a.m. There shall be no restriction on watering utilizing reclaimed water. It is prohibited to use water from fire hydrants except for firefighting and related activities. Other uses of water 2 Other for municipal purposes shall be Yes limited to activities necessary to maintain the public health, safety and welfare. All leaks, breaks, or other Other - Customers malfunctions in the water user's must repair leaks, plumbing or distribution system must 2 breaks, and be repaired with forty -eight (48) Yes malfunctions in a hours of notification by the City, timely manner unless other arrangements are made with the City. Other water Refilling of more than one foot and 2 feature or initial filling of residential swimming Yes swimming pool pools or outdoor spas with potable arcadis.com 75E -71 5 -10 2015 URBAN WATER MANAGEMENT PLAN arcadis.com 75E-72 5 -11 Only: Retail Penalty, Restrictions and Charge, or Stage Prohibitions one Additional Explanation or- Reference; Other End Users Enforcement? restriction water is prohibited. This does not apply towards the following circumstances: 1) maintenance of vegetation that are watered using a hand -held bucket or similar container or a hand -held hose equipped with a positive self - closing water shut -off nozzle or device, 2) Landscape - maintenance of existing landscape 3 Prohibit all necessary for fire protection, 3) Yes landscape maintenance of existing landscape irrigation for soil erosion, and 4) maintenance of landscape within active public parks, playing fields, day care centers, golf course greens, and school grounds provided irrigation does not exceed two (2) days per week. All leaks, breaks, or other Other - Customers malfunctions in the water user's must repair leaks, plumbing or distribution system must 3 breaks, and be repaired with twenty -four (24) Yes malfunctions in a hours of notification by the City, timely manner unless other arrangements are made with the City. No new potable water service, new temporary meters, and statement of immediate ability to serve or provide water service will be issued except under the following circumstances: 1) a valid, unexpired building permit has 3 Other been issued for the project, 2) the Yes project is necessary to protect the public health, safety, and welfare, or 3) the applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to arcadis.com 75E-72 5 -11 2015 URBAN WATER MANAGEMENT PLAN the satisfaction of the NOTES: 5.5.2 Penalties Any customer who violates any of the Water Shortage provisions will be subject to written warnings, fine, and possible disconnection of service. The first violation will result in a written notice in the utility bill of the customer in violation. The second and subsequent violations will result in a written notice and a surcharge in an amount set by the City Council on the water use in excess of the water allocation requirements. Customers who have three violations within a 12 -month period shall be deemed gross violators and will be subject to the installation of a flow restrictor device by the City. The charge for installing and removing a flow- restricting device and any other penalties and charges due to the City shall be paid before normal service can be restored (Santa Ana, City Ordinance No. NS -2877; May 2015). 5.5.3 Consumption Reduction Methods Table 5 -4 lists the consumption reduction methods that will be used to reduce water use in restrictive stages. arcadis.corn 75E -73 2015 URBAN WATER MANAGEMENT PLAN Table 5-4: Stages of Water Shortage Contingency Plan - Consumption Reduction Methods Retail Only: Methods Stage Consumption Reduction Methods by Additional "Explanation or Reference 12,221,096 water Supplier Groundwater(OCWD) 1 Other Phase 1 Conservation Measures 2 Other Phase 2 Conservation Measures 3 Other Phase 3 Conservation Measures NOTES: 545,599 480,544 5.6 Impacts to Revenue The actions described above to address a range of water shortage conditions have the potential to impact the City's revenues and expenditures. To assess these impacts, the City calculated the revenue impacts resulting from a 10, 25, and 50 percent reduction in sales as compared to a base year that was based on an estimate of normal year baseline. Other factors incorporated into the analysis included water losses, pricing structure, and avoided costs. The results of this analysis are shown below in Table 5 -5. Table 5 -5: Revenue Impact Analysis Demand Water Production 16,294,794 14,665,315 12,221,096 8,147,397 Groundwater(OCWD) 10,591,616 9,532,454 7,943,712 5,295,808 Imported water(MWD) 5,703,178 5,132,860 4,277,383 2,851,589 Water Loss (HCF) 545,599 480,544 382,963 220,326 Water Sales (HCF) 15,749,195 14,184,770 11,838,133 7,927,071 Residential 10,511,375 9,460,238 7,883,531 5,255,688 Commercial 4,278,478 3,850,630 3,208,859 2,139,239 City, Other 854,395 768,956 640,796 427,198 Recycle Irrigation 104,947 104,947 104,947 104,947 Tier l ( %) 64% 64% 64% 64% Tier 2( %) 35% 35% 35% 35% Recycle Irrigation ( %) 1% 1% 1% 1% Tier I (HCF) 10,079,485 9,078,253 7,576,405 5,073,325 Tier 2)HCF) 5,564,763 5,001,570 4,156,781 2,748,799 Recycled Water (HCF) 104,947 104,947 104,947 104,947 Total 15,749,195 14,184,770 11,838,133 7,927,071 arcadis.com 75E-74 5 -13 2015 URBAN WATER MANAGEMENT PLAN Demand Revenue r r% Residential Tier 1 Rate ($) 2.73 2.73 2.73 2.73 Tier 2 Rate ($) 3.15 3.15 3.15 3.15 Recycled Water ($) 2.18 2.18 2.18 2.18 Tier 1 Revenue 27,516,994 24,783,630 20,683,586 13,850,178 Tier 2 Revenue 17,529,004 15,754,946 13,093,860 8,658,715 Recycled Water ($) 228,784 228,784 228,784 228,784 Total $45,274,782 $40,767,361. $34,006,230" $22,737,678 Fixed Monthly /Bimonthly Charge Revenue $3,862,450 $3,862,450 $3,862,450 $3,862,450 Total Rate Revenue $49,137,292 $44,629,81,.1'. $37,868,680 $26,600,128 Revenue Lost ($4,507,421) ($11,268,552) ($22,537,104) Variable Costs Water Production (HCF) 15,764,261 . 14,593,445 12,179,200 8,155,457 Unit Costs($ /HCF) Purchased Water $1.03 $1.03 $1.03 $1.03 Avoided Costs $2,170,815 $4,585,061 $8,608,804 Net Revenue Change (2,336,605) (6,683,491) (13,928,300) Rate Revenue Increase Required 4.99% 15.74% 39.56% The following measures can be implemented by the City to overcome each reduction in water sales scenario outlined above depending on anticipated short -term and long -term financial impacts. • The City can draw needed funds from its emergency operation and maintenance fund, which are kept in reserve to provide adequate revenue to allow the water system to function for up to 120 days of normal operations. arcadis.corn 75E-75 5 -14 2015 URBAN WATER MANAGEMENT PLAN • The City can defer non - mission critical capital improvement projects and reallocate the funds to cover the cost of operations and critical maintenance. The City Manager can recommend the City Council to declare a water shortage and implement the City's Water Shortage Contingency Plan. Depending on the severity of the shortage and impact on revenue, the City Council may increase water rates, other than Tier 1 Lifeline rates, by an amount necessary as determined by the City Council. The subsequent rate increases enacted will remain in effect until such time the City Council declares a water shortage no longer exists. 5.7 Reduction Measuring Mechanism Under normal conditions, potable water production figures are recorded daily, Weekly and monthly reports are prepared and monitored. This data will be used to measure the effectiveness of any water shortage contingency stage that may be implemented. arcadis.com 75E -76 5 -15 2015 URBAN WATER MANAGEMENT PLAN Recycled water opportunities have continued to grow in southern California as public acceptance and the need to expand local water resources continues to be a priority. Recycled water also provides a degree of flexibility and added reliability during drought conditions when imported water supplies are restricted. Recycled water is wastewater that is treated through primary, secondary and tertiary processes and is acceptable for most non - potable water purposes such as irrigation, and commercial and industrial process water per Title 22 requirements. .1 Agency Coordination The City does not own or operate wastewater treatment facilities and sends all collected wastewater to OCSD for treatment and disposal. OCWD is the manager of the OC Basin and strives to maintain and increase the reliability of the OC Basin through replenishment with imported water, stormwater, and advanced treated wastewater. OCWD and OCSD have jointly constructed and expanded two water recycling projects to meet this goal that include: 1) OCWD GAP and 2) OCWD GWRS. 6.1.1 OCWD Green Acres Project OCWD owns and operates the GAP, a water recycling system that provides up to 8,400 AFY of recycled water for irrigation and industrial uses. GAP provides an alternate source of water that is mainly delivered to parks, golf courses, greenbelts, cemeteries, and nurseries in the cities of Costa Mesa, Fountain Valley, Newport Beach, and Santa Ana. Approximately 100 sites use GAP water, current recycled water users include Mile Square Park and Golf Courses in Fountain Valley, Costa Mesa Country Club, Chroma Systems carpet dyeing, Kaiser Permanente, and Caltrans. The City maintains an agreement with OCWD to supply GAP water to customers where available. 6.1.2 OCWD Groundwater Replenishment System OCWD's GWRS receives secondary treated wastewater from OCSD and purifies it to levels that meet and exceed all state and federal drinking water standards. The GWRS Phase I plant has been operational since January 2008, and uses a three -step advanced treatment process consisting of microfiltration (MF), reverse osmosis (RO), and ultraviolet (UV) light with hydrogen peroxide. A portion of the treated water is injected into the seawater barrier to prevent seawater intrusion into the groundwater basin. The other portion of the water is pumped to ponds where the water percolates into deep aquifers and becomes part of Orange County's water supply. The treatment process described on OCWD's website is provided below (OCWD, GWRS, 2015). GWRS Treatment Process The first step of the treatment process after receiving the secondary treated wastewater is a separation process called MF that uses hollow polypropylene fibers with 0.2 micron diameter holes in the sides. Suspended solids, protozoa, bacteria and some viruses are filtered out when drawing water through the holes to the center of the fibers. arcadis.com 75E-77 6 -1 2015 URBAN WATER MANAGEMENT PLAN The second step of the process consists of RO, semi - permeable polyamide polymer (plastic) membranes that water is forced through under high pressure. RO removes dissolved chemicals, viruses and pharmaceuticals in the water resulting in near - distilled - quality water that requires minerals be added back in to stabilize the water. This process was used by OCWD from 1975 to 2004 at their Water Factory 21 (W F -21) to purify treated wastewater from OCSD for injection into the seawater intrusion barrier. The third step of the process involves water being exposed to high- intensity UV light with hydrogen peroxide (H2O2) for disinfection and removal of any trace organic compounds that may have passed through the RO membranes. The trace organic compounds may include NDMA and 1 -4 Dioxane, which have been removed to the parts -per trillion level. UV disinfection with H2O2 is an effective disinfection /advanced oxidation process that keeps these compounds from reaching drinking water supplies. OCW D's GWRS has a current production capacity of 112,100 AFY with the expansion that was completed in 2015. Approximately 39,200 AFY of the highly purified water is pumped into the injection wells and 72,900 AFY is pumped to the percolation ponds in the city of Anaheim where the water is naturally filtered through sand and gravel to deep aquifers of the groundwater basin. The OC Basin provides approximately 72 percent of the potable water supply for north and central Orange County. The design and construction of the first phase (78,500 AFY) of the GWRS project was jointly funded by OCWD and OCSD; Phase 2 expansion (33,600 AFY) was funded solely by OCWD. Expansion beyond this is currently in discussion and could provide an additional 33,600 AFY of water, increasing total GWRS production to 145,700 AFY. The GWRS is the world's largest water purification system for indirect potable reuse (IPR). 6. 2 Wante ater Description and Disposal The City operates and maintains the local sewer system consisting of over 390 miles of pipeline, 7,630 manholes, and two lift stations that connect to OCSD's trunk system to convey wastewater to OCSD's treatment plants, OCSD has an extensive system of gravity flow sewers, pump stations, and pressurized sewers. Collected wastewater is sent to OCSD's plants located in the cities of Huntington Beach and Fountain Valley. OCSD's Plant No. 1 in Fountain Valley has a capacity of 320 million gallons per day (MGD) and Plant No. 2 in Huntington Beach has a capacity of 312 MGD. Both plants share a common ocean outfall, but Plant No. 1 currently provides all of its secondary treated wastewater to OCWD's GWRS for beneficial reuse. The 120 -inch diameter ocean outfall extends 4 miles off the coast of Huntington Beach. A 78 -inch diameter emergency outfall also extends 1.3 miles off the coast. Table 6 -1 summarizes the wastewater collected by the City and transported to OCSD's system in 2015. No wastewater is treated or disposed in the City's service area as OCSD treats and disposes all of the City's wastewater. arcadls.com 75E-78 6 -2 { \ \ \ ± \ ) \ 75E-79 § \ ƒ�. vi��/ . \ ) ) m\ `� z LO }K / _ m k�w V« 2 Lm / 2 : D & D: OD �] -\ \ u \ 75E-79 § \ 2015 URBAN WATER MANAGEMENT PLAN 6.3 Current Recycled Water Uses The City provides OCWD GAP recycled water to the southern part of the City. In FY 2014 -15, approximately 352 AF of GAP water was used in the City's service area. The current users /uses of recycled water are as follows: • Centennial Soccer Fields • Bomo Koral Park • Flower Street Bike Trail • McFadden Intermediate School • Adams Park • Chroma Systems- Carpet Dyeing • Chrome Systems- Landscape • Kaiser Medical Office Landscape • Chick -fil -A Landscape • Santa Ana River Trail Landscape • Godinez High School Landscape • MacArthur Boulevard Median Lanscape • Bear Street Median Landscape • Thornton Park • Harbor Boulevard Median Landscape • Santa Ana Valley High School Sports Complex Landscape Current and projected recycled water use through 2040 are shown in Table 6 -2 and are expected to remain constant. The projected 2015 recycled water use from the City's 2010 UWMP are compared to the 2015 actual use in Table 6 -3, where the actual use is higher than the projected. arcadis.com 75E-80 6 -4 J a z Z w 2 w z CZ L LU w Q Z Q m LO 0 N 75E -81 co pE U ti 'o �i O M M N. .4 Oe N- M M O p O N M M O O O r m m 0 0 0 `i. rn Y N` u cup O O p c c m Y J N N U... � C Y vC N l6 U C a - C o O � tm. C N L L ru m X �u. N •Y.' .O Y J N E F m• N ry it j N' a N '.G 0 N u ,O 75 a m ¢ m C9 V 0 vi rc (D 75E -81 co pE U ti 'o �i 2015 URBAN WATER MANAGEMENT PLAN Table 6 -3: 2010 UWMP Recycled Water Use Projection Compared to 2015 Actual (AF) .4 Potential Recycled Water gees Potential recycled water users are locations where recycled water could replace potable water use. Since OCWD is limited in GAP plant capacity, additional users do not exist at the time and the City does not expect additional GAP use in the future. 6.4.1 Direct Non - Potable Reuse The City currently uses recycled water from OCWD's GAP for direct non - potable reuse such as landscape irrigation. 6.4.2 Indirect Potable Reuse The City benefits from OCWD's GWRS system that provides indirect potable reuse through replenishment of OC Basin with water that meets state and federal drinking water standards. arcadis.com 75E-82 6 -6 2010' Projection for 2015 actual use 2015' Use Type Agricultural irrigation Landscape irrigation (excludes golf courses)s 300 352 Golf course irrigation Commercial use Industrial use GeothernnaVand other er'ergy production Seawater intrusion barrier Recreational' impoundment Wetlands orwildlife habitat Groundwater recharge;(IPR) Surface water augmentation (IPR) Direct potable reuse Type of Other Use Total 300 352 NOTES: .4 Potential Recycled Water gees Potential recycled water users are locations where recycled water could replace potable water use. Since OCWD is limited in GAP plant capacity, additional users do not exist at the time and the City does not expect additional GAP use in the future. 6.4.1 Direct Non - Potable Reuse The City currently uses recycled water from OCWD's GAP for direct non - potable reuse such as landscape irrigation. 6.4.2 Indirect Potable Reuse The City benefits from OCWD's GWRS system that provides indirect potable reuse through replenishment of OC Basin with water that meets state and federal drinking water standards. arcadis.com 75E-82 6 -6 2015 URBAN WATER MANAGEMENT PLAN 6,5 Optimization Clan Studies of water recycling opportunities within southern California provide a context for promoting the development of water recycling plans. It is recognized that broad public acceptance of recycled water requires continued education and public involvement. Currently, most of the recycled water available is being directed toward replenishment of the groundwater basin and improvements in groundwater quality. As a groundwater user, the City supports the efforts of OCWD and OCSD to use recycled water as a primary resource for groundwater recharge in Orange County. Public Education The City participates in the MWDOC public education and school education programs that include extensive sections on water recycling. MWDOC's water use efficiency public information programs are a partnership with agencies throughout the county. Through a variety of public information programs, MWDOC reaches the public, including those in the City, with information regarding present and future water supplies, the demands for a suitable quantity and quality of water, including recycled water, and the importance of implementing water efficient techniques and behaviors. Water education programs through MWDOC have reached thousands of students in the City with grade- specific programs that include information on recycled water. Financial Incentives The implementation of recycled water projects involves a substantial upfront capital investment for planning studies, Environmental Impact Reports (EIRs), engineering design and construction before there is any recycled water to market. For Some water agencies, these capital costs exceed the short -term expense of purchasing additional imported water supplies from Metropolitan. The establishment of new supplemental funding sources through federal, state and regional programs now provides significant financial incentives for water agencies to develop and make use of recycled water locally. Potential sources of funding include federal, state and local funding opportunities. These funding sources include the U.S. Department of Interior Bureau of Reclamation (USBR), California Proposition 13 Water Bond, Proposition 84 and Metropolitan LRP. These funding opportunities may be sought by the City or possibly more appropriately by regional agencies. The City will continue to support seeking funding for regional water recycling projects and programs. Optimization Recycled Water Use In Orange County,, recycled water is used for irrigating golf courses, parks, schools, businesses, and communal landscaping, as well as for groundwater recharge. Recycled water users in the City receive their water from OCWD's GAP. Analyses have indicated that present worth costs to expand recycled water within other areas of the City are not cost effective as compared to purchasing imported water from Metropolitan, or using groundwater. The City will continue to conduct feasibility studies for recycled water and seek out creative solutions such as funding, regulatory requirements, institutional arrangement and public acceptance for recycled water use with OCWD, Metropolitan, and other cooperative agencies. 75E -83 arcadis.corn 6 -7 2015 URBAN WATER MANAGEMENT PLAN 7.1 Water Management Tools Resource optimization such as desalination and IPR minimize the City's and region's reliance on imported water. Optimization efforts are typically led by regional agencies in collaboration with local /retail agencies. 7.2 Transfer or Exchange Opportunities Interconnections with other agencies result in the ability to share water supplies during short term emergency situations or planned shutdowns of major imported systems. The City maintains seven connections to Metropolitan's system and nine emergency connections with surrounding agencies. These connections can provide a total supply of 60,580 gpm into the City's distribution system. The Metropolitan connections are typically operating as constant flow sources. The City relies on its wholesalers, Metropolitan and OCWD, to be the responsible parties for negotiating water transfers and exchanges. Currently, there are no transfer or exchange opportunities. 7.3 Planned Water Supply Projects and Programs The City continually reviews practices that will provide its customers with adequate and reliable supplies. Trained staff ensures the water is safe and the supply will meet present and future needs in an environmentally and economically responsible manner. The City coordinates its long -term and water shortage planning with Metropolitan and OCWD. Water use efficiency measures described in Section 4 and use of recycled water described in Section 6 have the potential to reduce overall demand. Any new water sources developed will primarily be to better manage the groundwater basin and replace or upgrade inefficient wells, rather than support population growth and new development. The City's Fiscal Year 2015/2016 Capital Improvement Program identifies planned design and construction projects as described below. Advanced Meter Infrastructure — replace existing aging meters with new, more accurate meters and incorporate technological advances in metering technology that allows City personnel and customers to access real time water consumption data preventing future O &M involved with manual meter readings. 7.4 Desalination Opportunities In 2001, Metropolitan developed a Seawater Desalination Program (SDP) to provide incentives for developing new seawater desalination projects in Metropolitan's service area. In 2014, Metropolitan modified the provisions of their Local Resources Program (LRP) to include incentives for locally produced seawater desalination projects that reduce the need for imported supplies. To qualify for the incentive, proposed projects must replace an existing demand or prevent new demand on Metropolitan's imported water supplies. In return, Metropolitan offers two incentive formulas under the program: arcadis.cam 75E-84 7.1 2015 URBAN WATER MANAGEMENT PLAN • Up to $340 per AF for 25 years, depending on the unit cost of seawater produced compared to the cost of Metropolitan supplies • Up to $475 per AF for 15 years, depending on the unit cost of seawater produced compared to the cost of Metropolitan supplies Developing local supplies within Metropolitan's service area is part of their IRP goal of improving water supply reliability in the region. Creating new local supplies reduce pressure on imported supplies from the SWP and Colorado River, On May 6th, 2015, the SWRCB approved an amendment to the state's Water Quality Control Plan for the Ocean Waters of California (California Ocean Plan) to address effects associated with the construction and operation of seawater desalination facilities (Desalination Amendment). The amendment supports the use of ocean water as a reliable supplement to traditional water supplies while protecting marine life and water quality. The California Ocean Plan now formally acknowledges seawater desalination as a beneficial use of the Pacific Ocean and the Desalination Amendment provides a uniform, consistent process for permitting seawater desalination facilities statewide. If the following projects are developed, Metropolitan's imported water deliveries to Orange County could be reduced. These projects include the Huntington Beach Seawater Desalination Project, the Doheny Desalination Project, and the Camp Pendleton Seawater Desalination Project. The City has not investigated seawater desalination as a result of economic and physical impediments. Brackish groundwater is groundwater with a salinity higher than freshwater, but lower than seawater. Brackish groundwater typically requires treatment using,desalters. 7.4.1 Groundwater There are currently no brackish groundwater opportunities within the City's service area. 7.4.2 Ocean Water Huntington Beach Seawater Desalination Project — Poseidon Resources LLC (Poseidon), a private company, is developing the Huntington Beach Seawater Desalination Project to be co- located at the AES Power Plant in the City of Huntington Beach along Pacific Coast Highway and Newland Street. The proposed project would produce up to 50 MGD (56,000 AFY) of drinking water to provide approximately 10 percent of Orange County's water supply needs. Over the past several years, Poseidon has been working with OCWD on the general terms and conditions for selling the water to OCWD. OCWD and MWDOC have proposed a few distribution options to agencies in Orange County. The northern option proposes the water be distributed to the northern agencies closer to the plant within OCWD's service area with the possibility of recharging /injecting a portion of the product water into the OC Basin. The southern option builds on the northern option by delivering a portion of the product water through the existing OC -44 pipeline for conveyance to the south Orange County water agencies. A third option is also being explored that includes all of the product water to be recharged into the OC Basin. Currently, a combination of these options could be pursued. 75E -85 arcadismm 7 -2 2015 URBAN WATER MANAGEMENT PLAN OCWD's current Long -Term Facilities Plan (LTFP) identifies the Huntington Beach Seawater Desalination project as a priority project and determined the plant capacity of 56,000 AFY as the single largest source of new, local drinking water available to the region. In addition to offsetting imported demand, water from this project could provide OCWD with management flexibility in the OC Basin by augmenting supplies into the Talbert Seawater Barrier to prevent seawater intrusion. In May 2015, OCWD and Poseidon entered into a Term Sheet that provided the overall partner structure in order to advance the project. Based on the initial Term Sheet, Poseidon would be responsible for permitting, financing, design, construction, and operations of the treatment plant while OCWD would purchase the production volume, assuming the product water quality and quantity meet specific contract parameters and criteria. Furthermore, OCWD would then distribute the water in Orange County using one of the proposed distribution options described above. Currently, the project is in the late- stages of the regulatory permit approval process and Poseidon hopes to obtain the last discretionary permit necessary to construct the plant from the California Coastal Commission (CCC) in 2016. If the CCC permit is obtained, the plant could be operational as early as 2019. Doheny Desalination Project — In 2013, after five years and $6.2 million to investigate use of a slant well intake for the Doheny Desalination Project, it was concluded the project was feasible and could produce 15 MGD (16,800 AFY) of new potable water supplies to five participating agencies. These agencies consist of: South Coast Water District (SCWD), City of San Clemente, City of San Juan Capistrano, Laguna Beach County Water District (LBCWD) and Moulton Niguel Water District. Only SCWD and LBCWD expressed interest in moving forward after work was completed, with the other agencies electing to monitor the work and consider options to subsequently come back into the project while considering other water supply investments. More recently, LBCWD has had success in using previously held water rights in the OC Basin and may elect to move forward with that project instead of ocean desalination. A final decision is pending based on securing the necessary approvals on the groundwater agreement. SCWD has taken the lead on the desalination project and has hired a consulting team to proceed with project development for the Doheny Desalination Project. Major items scheduled over the next year include • Preliminary Design Report and Cost Estimate • Brine Outfall Analysis • EIR Process • Environmental Permitting Approvals • Public Outreach • Project Funding • Project Delivery Method • Economic Analysis arcadis.com 75E-86 7 -3 2015 URBAN WATER MANAGEMENT PLAN The schedule for this project includes start -up and operation of up to a 5 MGD (5,600 AFY) facility by the end of 2019. SCWD anticipates leaving the option open for other agencies to participate in a larger, 15 MGD facility, with subsequent permitting and construction of additional slant wells and treatment capacity. Camp Pendleton Seawater Desalination Project — San Diego County Water Authority ( SDCWA) is studying a desalination project to be located at the southwest corner of Camp Pendleton Marine Corps Base adjacent to the Santa Margarita River. The initial project would be a 50 (56,000 AFY) or 100 (112,100) MGD plant with expansions in 50 MGD increments to a maximum capacity of 150 MGD (168,100 AFY), making this the largest proposed desalination plant in the US. The project is currently in the feasibility study stage and SDCWA is conducting geological surveys, analyzing intake options, and studying the effect on ocean life and routes to bring desalinated water to SDCWA's delivery system. MWDOC and south Orange County agencies are maintaining an interest in the project. 75E -87 arcadis.com 7 -4 2015 URBAN WATER MANAGEMENT PLAN Recognizing that close coordination among other relevant public agencies is key to the success of its UWMP, the City worked closely with entities such as Metropolitan to develop and update this planning document. The City also encouraged public involvement by holding a public hearing for residents to learn and ask questions about their water supply. This section provides the information required in Article 3 of the Water Code related to adoption and implementation of the UWMP. Table 8 -1 summarizes external coordination and outreach activities carried out by the City and their corresponding dates. The UWMP checklist to confirm compliance with the Water Code is provided in Appendix A. Table 8 -1: External Coordination and Outreach Coordination External Outreach Date 1 Reference Encouraged public involvement (Public Hearing) 6/7/16 Appendix E Notified city or county within supplier's service area that water supplier is preparing an updated UWMP (at least 60 days prior to 3/3/16 Appendix E public hearing) Held public hearing 6/7/16 Appendix E Adopted UWMP Appendix F Submitted UWMP to DWR (no later than 30 days after adoption) Submitted UWMP to the California State Library and city or county within the supplier's service area (no later than 30 days after adoption) Made UWMP available for public review (no later than 30 days after filing with DWR) This UWMP was adopted by the City Council on DATE, 2016. A copy of the adopted resolution is provided in Appendix F. A change from the 2004 legislative session to the 2009 legislative session required the City to notify any city or county within its service area at least 60 days prior to the public hearing. As indicated in Table 8 -2, the City sent a Letter of Notification to the County of Orange on March 3, 2016 to state that it was in the process of preparing an updated UWMP (Appendix E). arcadis.corn 75E-88 8 -1 2015 URBAN WATER MANAGEMENT PLAN Table 8 -2: Notification to Cities and Counties Public Participation The City encouraged community and public interest involvement in the plan update through a public hearing and inspection of the draft document on DATE. Public hearing notifications were published in local newspapers. A copy of the published Notice of Public Hearing is included in Appendix E. The hearing provided an opportunity for all residents and employees in the service area to learn and ask questions about their water supply in addition to the City's plans for providing a reliable, safe, high - quality water supply. Copies of the draft plan were made available for public inspection at the City Clerk's and Utilities Department offices. .2 Agency Coordination The City's water supply planning relates to the policies, rules, and regulations of its regional and local water providers. The City is dependent on imported water from Metropolitan, its regional wholesaler. The City is also dependent on groundwater from OCWD, the agency that manages the OC Basin as well as provides recycled water in partnership with OCSD. While the City is not a member agency of MWDOC, it contracts and joins with it in conducting water education, conservation programs, and other activities as discussed elsewhere in the Plan. MWDOC provided assistance to the City's 2015 UWMP by providing data and analysis such as population projections, demand projections, and SBx7 -7 modeling. 3.3 UWMP Submittal 8.3.1 Review of 2010 UWMP Implementation As required by California Water Code, the City summarized Water Conservation Programs implemented to date, and compared them to those planned in its 2010 UWMP. 75E -89 arcadis.corn 8 -2 2015 URBAN WATER MANAGEMENT PLAN 8.3.2 Comparison of 2010 Planned Water Conservation Programs with 2015 Actual Programs As a signatory to the Memorandum of Understanding Regarding Urban Water Conservation in California, the City's commitment to implement Best Management Practice (BMP) -based water use efficiency program continues today. For the City's specific achievements in the area of conservation, please see Section 4 of this Plan. Comparison of 2010 Projected Recycled Water Use with 2015 Actual Use Recycled water use for the City in 2015 was about 17 percent higher than previously forecasted for 2015 in the 2010 UWMP, as illustrated in Table 6 -3. 8.3.3 Filing of 2015 UWMP The City Council reviewed the Final Draft Plan on DATE, 2016. The seven - member City Council approved the 2015 UWMP on DATE, 2016. See Appendix F for the resolution approving the Plan. By July 1, 2016, the City's Adopted 2015 UWMP was filed with DWR, California State Library, County of Orange, and cities within its service area, if applicable. arcadis.com 75E-90 8 -3 2015 URBAN WATER MANAGEMENT PLAN California Department of Water Resources, 2015. Urban Water Management Plans, Guidebook for Urban Water Suppliers. Department of Water Resources, 2015. State Water Project Final Delivery Capability Report 2015. Metropolitan Water District of Southern California, 2016. Metropolitan Urban Water Management Plan 2015. Municipal Water District of Orange County, 2015. Orange County Reliability Study. Orange County Water District, 2014. OCWD Engineer's Report. Orange County Water District, 2015. OCWD Groundwater Management Plan 2015 Update. Orange County Water District. (2015). Groundwater Replenishment Study [Brochure]. San Diego County Water Authority, 2003. Quantification Settlement Agreement. Santa Ana, 2003. City of Santa Ana Sewer Master Plan. Santa Ana, 2015. City of Santa Ana Capital Improvement Program Fiscal Year 2015/2016. Santa Ana, California, Municipal Code Ordinance No. NS -2877, (2015). Southern California Association of Governments, 2012. V1 Cycle Regional Housing Needs Assessment Final Allocation Plan. U.S. Department of the Interior Bureau of Reclamation, 2012. Colorado River Basin Study. Urban Water Management Planning Act, California Water Code § 10610 -10656 (2010). Water Conservation Act of 2009, California Senate SB x7 -7, 7th California Congress (2009). Water Systems Optimization, 2016. California Department of Water Resources: Water Audit Manual. 75E -91 arcadis.com 8 -4 U VNJI jMl f I C 11 n C!, � 1 s t iA P p i"-'.E �M I) I x S Standardized Tables G,rutmdvvator Ulzinagerneril Pillll City Ordinance Notificadon of 'PlIblic and servi('e Area ` :u'ppdlors l 1') Adopted UVAIMP Flosoluition YA B, Ail e t d o 1 o 9 y I ik ZY-D li"J"I X il AWWA V)Iater Loss Audit Worksheet JA kf,later Use Efficiency Arcadis U.S., Inc. 445 South Figueroa Street Suite 3650 Los Angeles, California 90071 Tel 213 486 9884 Fax 213 486 9894 www.areadis.com 75°101 /A RCADIS H {Ie,Im't' [tnsuItAncy 111- 11K"VVV "V1 ��turatand bai @assets 75E -102 Rs 05/16/16 RESOLUTION NO, 2016 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE 2015 URBAN WATER MANAGEMENT PLAN FOR THE CITY OF SANTA ANA BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The California Legislature enacted Assembly Bill 797, (Water Code Section 10610 et seq., known as the Urban Water Management Planning Act) during the 1983 -1984 Regular Session, and as amended subsequently, which mandates that every urban water supplier providing water for municipal purposes either directly or indirectly to more than 3,000 customers or supplying more than 3,000 acre -feet of water annually, prepare an Urban Water Management Plan [ "UWMP "] at least once every five years. B. The City Council of the City of Santa Ana adopted its 2010 Urban Water Management Plan on June 6, 2011. C. The City of Santa Ana is required to submit an UWMP to the State Department of Water Resources because it is a retail water supplier providing water for municipal purposes either directly or indirectly to more than 3,000 customers. D. In October 2015, the City of Santa Ana entered into an agreement with the Municipal Water District of Orange County, to prepare the updated 2015 UWMP. E. The City has prepared its 2015 update to the UWMP, has given the legally required notices for the UWMP, and has conducted a public hearing to consider the adoption of the UWMP. Section 2. The 2015 Urban Water Management Plan is hereby adopted. Section 3. The City Manager or his designee is hereby authorized to file an electronic copy of the 2015 Urban Water Management Plan with the State Department of Water Resources within 30 days following its adoption and no later than July 1, 2016. Section 4. The City Manager or his designee is hereby authorized and directed to implement the adopted 2015 Urban Water Management Plan, including recommendations to the City Council regarding necessary procedures, rules, and regulations in an effort to carry out effective and equitable water programs. Resolution No. 2016 -xxx Page 1 of 3 75E -103 As 05!16/16 Section 5. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this ® day of June, 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, Cit Attorney B. a e Sandoval hief Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 75E -104 Resolution No, 2016 -xxx Page 2 of 3 Jxs 05/16/16 CERTIFICATE OF ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify the attached Resolution No. 2016 - to be the original resolution adopted by the City Council of the City of Santa Ana on 2016. Date; Clerk of the Council City of Santa Ana ADOPTED this 15th day of June, 2016. Resolution No. 2618 -xxx Page 3 of 3 75E -105 75E -106 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: PUBLIC HEARING — FISCAL YEAR 2016 -17 CITY BUDGET (STRATEGIC PLAN NO. 4,2A) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: _-•c• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt an ordinance appropriating funds for the General Fund and various other City Funds, for fiscal year commencing July 1, 2016. 2. Adopt a Seven -Year Capital Improvement Program (CIP) beginning fiscal year 2016 -17 through fiscal Year 2022 -23 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. 3. Adopt a resolution to amend and reestablish the City's basic classification and compensation plans. On May 17, 2016, the City Council was presented with the City Manager's proposed budget for fiscal year 2016 -17. The proposed budget fulfills the City's purpose of providing quality service and enhancement of safety, livability and prosperity for our community. In alignment with the seven Strategic Plan goals of Community Safety; Youth, Education and Recreation; Economic Development; City Financial Stability; Community Health, Livability, Engagement & Sustainability; Community Facilities & Infrastructure; and Team Santa Ana. The proposed budget includes the addition of new and expanded programs and services such as: expanded youth programs for literacy, computer usage and summer programs; enhanced public safety including six additional police officer positions; funding for Economic Development Public /Private partnerships; support for Community Engagement and Partnership for Safety & Greater Prosperity; and investment in City facilities such as the Santa Ana Regional Transportation Center (SARTC), 75F -1 -1 Public Hearing — Fiscal Year 2016 -17 City Budget June 7, 2016 Page 2 Proposed City Budget FY 2016 -17 The total annual City proposed budget for fiscal year 2016 -17 is $513,887,000. The proposed budget incorporates all funded appropriations related to the following City Funds: General Fund, Internal Service, Enterprise, Special Revenue, Community Development, and Capital Funds. The proposed 2016 -17 General Fund budget is $228,970,000 and equates to approximately 45% of the total City proposed budget. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general City administration. The proposed budget includes approximately $11 million - $13 million in supplemental requests and additional assigned services /programs that are in alignment with the City's Strategic Plan, as outlined below: Strategic Plan Goal(s) Amount • Community Safety $3.3 million • Youth, Education and Recreation $1.1 million • Economic Development $3.0 million • City Financial Stability $2.5 million to $4.5 million • Community Health, Livability, Engagement and Sustainability $600k • Community Facilities & Infrastructure $250k • Team Santa Ana $240k Additionally, the proposed budget incorporates matching funds for the Community Oriented Policing Services (COPS) grants for ten police officers and reoccurring expenditures totaling approximately $2.5 million for the five -year Strategic Plan which commenced July 1, 2014. The Strategic Plan provides funding for various programs and services including a community policing survey, youth sports scholarships, community volunteer /internship program, and additional resources to extend the life of existing City infrastructure. With the City's efforts to foster an environment of transparency and citizen engagement, five Community Budget meetings were conducted during April 2016 through May 2016. Based on Community Budget Meetings and City Council feedback, the following recommendations are included in the proposed budget: • Reallocating two part -time Rangers for two full -time Park Rangers to enhance park safety; • Expansion of Recreation Center Hours for youth programs /activities; • Increase support for safety at the Main Library; • Addition of Code Enforcement Officers to ensure community livability and; • Addition of an Asset Management Analyst to manage the City's capital assets 75F -1 -2 Public Hearing — Fiscal Year 2016 -17 City Budget June 7, 2016 Page 3 Workforce Changes Summary Proposed workforce changes included in the City's fiscal year 2016 -17 budget total a net addition of five positions. This includes the addition of six Police Officers for community policing and prevention programs, deletion of eight Correctional Officers and two Correctional Supervisors, reallocating two part -time Park Rangers into two full -time Park Rangers for park safety, two Code Enforcement Officers to enhance public safety and an Asset Management Analyst for inventory and management of all capital assets. Capital Improvement Program The proposed City's Capital Improvement Program for fiscal year 2016 -17 totals $45,309,512. The program includes the following initiatives: continued development of the Streetcar Project; traffic improvements including the Safe Mobility Santa Ana program, Safe Routes to Schools and Bike Lane Projects; park improvements to bike trails, playground equipment and installation of security lighting and cameras for park safety; street improvements for arterial /residential streets and sidewalk improvements; and significant funding in public utility improvements. The Seven - Year CIP of $119,051,812 from fiscal year 2016 -17 to 2022 -23 includes utilizing OCTA Measure M2 funding for street improvements over the next seven years. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (provide a reliable five -year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT With approval of the proposed fiscal year 2016 -17 budget, $513,887,000 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $228,970,000 will be appropriated to the various General Fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Ordinance 2. Resolution 75F -1 -3 75F -1 -4 imf 05124/2016 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2016 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Manager has prepared and submitted to the City Council, pursuant to Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2016, B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as herein stated, together with any supplemental revisions and amendments thereto, was approved, adopted, and fixed by the City Council as the budget of the City for fiscal year 2016 -2017, commencing July 1, 2016, in the amounts and for the funds, purposes, functions, department activities, and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement, The adopted budget, including any supplemental revisions and amendments, together with a copy of the appropriation ordinance, shall be placed In the official files of the Clerk of the Council. Section 2. There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective object and purposes specified in that certain document entitled "Fiscal Year 2016 -2017 City Budget', a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2016 -2017, the several amounts stated as proposed expenditures from such funds, respectively, in those columns of the Budget that are headed "FY 16 -17'. Each aggregate of expenditures so specified in the Budget for the fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within EXHIBIT 1 Ordinance No. NS -xxx Page 1 of 3 75F -1 -5 Jmf 05/24/2016 the meaning of Section 609 of the City Charter, except that as to any office, department, or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the Budget, the aggregate expenditure authorized for all programs in Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter. Section 3. The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in the Budget. Section 4. No warrant shall be issued or indebtedness incurred for any purpose that exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the City Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his opinion, such revisions are necessary and proper. Section 5. In accordance with Governmental Accounting Standards Board Statement 54, the City Manager or his designee is hereby authorized, as of the date of this ordinance, to allocate assigned governmental funds' balances to specific programs and activities as deemed necessary and proper. Section 6. The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in the Budget in such amounts and at such times during the fiscal year as he may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. Section 7. One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. Section 8. The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program, as set forth in the 2016 -2017 City Budget. Section 9. Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2016. Section 10. The Clerk of the Council shall cause the title of this ordinance to be published as required by law. Ordinance No. NS -xxx Page 2 of 3 75F -1 -6 jmf 0512412016 Section 11, All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and which is currently on file with the Executive Director of Personnel Services, is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney AYES Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers 2016. 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 Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date Clerk of the Counci City of Santa Ana 75F -1 -7 Ordinance No. NS -xxx Page 3 of 3 75F -1 -8 LAR 6/7/16 RESOLUTION NO. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS TO EFFECT CERTAIN CHANGES, 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 June 16, 2015, the City Council adopted Resolution No. 2015 -026 amending and re- establishing the Basic Classification and Compensation Plan for all Full -Time and Part -Time Classifications of Officers and Employees of the City of Santa Ana. C. On December 15, 2015, the City Council adopted Resolution No. 2015- 069 which amended Resolution No, 2015 -026 as to the City's Executive Management ( "EM ") Classification to provide a salary increase consistent with that provided to other City bargaining units. D. On January 19, 2016, the City Council adopted Resolution No. 2016 -005 which amended Resolution No. 2015 -026 as to the salary rate range for the EM Classification of Deputy City Manager from EM -41 to EM -44. E. On March 1, 2016, the City Council adopted Resolution No, 2016 -015 which amended Resolution No. 2015 -026 as to various classifications and compensation throughout the City based upon the Personnel Department's mid -year review. F. The City Council has amended and reestablished the Basic Classification and Compensation Plans on numerous occasions since adoption. G. With the adoption of the Annual Budget for Fiscal Year 2016 -2017, the City Council authorized certain organizational, staffing, and compensation changes which affect a number of classification titles in the City's Basic Classification and Compensation Plans. Resolution No. 2016 -XXX Page 1 of 3 Exhibit 2 75F -1 -9 H. To encourage unrepresented Executive Management (EM) employees to participate in the City's 457 deferred compensation plan, the City Manager proposes changes in the Cash -in -lieu Benefits language to clarify that unused Cash -in -Lieu Benefits can be transferred to the 457 deferred compensation plan on a voluntary basis. In addition, it is recommended that the language be clarified to comply with medical insurance requirements as set forth in the Affordable Care Act. I. It is now desired to amend Council Resolution No. 2015 -026, as amended, in order to effect these changes, as shown below: Section 2: The Santa Ana City Council amends Resolution No. 2015 -026, Exhibit "A" Section 4 "Health and Welfare Benefits' subsection D "Cash -in -Lieu of Benefits" as follows (added language is underlined and language to be deleted is struck): A. 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 ofzhe- apt; anal, benefits, provided- t#reugh -toe -plan medical insurance after providing proof of other group medical coverage under a spouse /domestic partners non City sponsored plan, or if they choose optional benefits that do not cost as much as the maximum dollar amount they received through the plan. Any unused cash -in -lieu benefits can be transferred to the 457 deferred compensation plan on a voluntary basis. Section 3: The Santa Ana City Council amends Resolution No. 2015 -026, Exhibit "F as follows: A. Adding the following full time classification titles at the monthly seven -step salary rate range indicated: 7 -Step Salary Rate Ranne (SRR) Effective 07/01/1.6 Classification Title Monthly Salary SSR Minimum - Maximum Asset Management 665 $5356 - $7176 Analyst` DNA Coordinator* 595 $3803 - $5101 Zoo Operations Coordinator` 619 $4278 - $5734 *Includes 2.5% Salary Increase effective 7/1/16. Does not include the 0.25% RHS Plan Base Premium. Resolution No. 2016 -XXX Page 2 of 4 75F -1 -10 Section 4: The Santa Ana City Council amends Resolution No. 2015 -026, Exhibit "D" as follows: A. Adjusting the salary for the following full time classification title at the month seven -step salary rate range indicated: Classification Title 5 -Step Salary Rate Range (SRR) Effective 07/01/16 FROM TO SSR Min -Max SSR Min -Max Police Photo /Video 631 $4533 - $5515 646 $4882 - $5934 Specialist`s "Includes 2.5 % Salary Increase effective 7/1/16 Section 5. That except as amended by this Resolution, all other provisions of Resolution No. 2015 -026, as amended, shall remain in full force and effect. Section 6. This Resolution is operative from and after July 1, 2016. ADOPTED this 7th day of June, 2016. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney �Alr Laura A. Rossini Senior Assistant City Attorney Resolution No. 2016 -XXX Page 3 of 4 Miguel A. Pulido Mayor 75F -1 -11 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. 2016 to be the original Resolution adopted by the City Council of the City of Santa Ana on June 7, 2016, Date: Clerk of the Council City of Santa Ana Resolution No. 2016 -XXX Page 4 of 75F -1 -12 pill 0 L111111 1 0 CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: FISCAL YEAR 2016 -2017 MISCELLANEOUS FEE RESOLUTION {STRATEGIC PLAN 4,2A) s— CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For FILE NUMBER Adopt a resolution establishing the fiscal year (FY) 2016 -2017 Schedule of Uniform Fees for Miscellaneous Services. DISCUSSION The Miscellaneous Fee Resolution (Exhibit 1) is comprised of various charges associated with city services, building and enterprise fees. These fees are intended to recover the reasonable costs associated with delivering the corresponding services. Annually, the fees and services associated with the Miscellaneous Fee Resolution are reviewed and adjusted to reflect these costs. Unless otherwise noted, the fees are adjusted 3.18 %. This percentage reflects the change in the Consumers Price Index (CPI)- Urban, All Services Component, for the Los Angeles- Riverside- Orange County area in a twelve month period ending December 31, 2015. The FY 2016 -2017 Miscellaneous Fee Resolution identifies all fees assessed as well as proposed new fees and those recommended for adjustment. The FY 2016 -2017 Miscellaneous Fee Schedule also includes the continued waiver of the Credit Card Processing fee, establishment of thirteen new fees, and five existing fees proposed for modification beginning July 1, 2016 (Exhibit 2). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (provide a reliable five -year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (adopt a budget that is in alignment with the financial forecast and strategic plan). 75F -2 -1 Fiscal Year 2016 -2017 Miscellaneous Fee Resolution June 7, 2016 Page 2 FISCAL IMPACT The proposed fee schedule will generate additional revenue that will be appropriated to the City's various funds, departments, programs and enterprise activities. T, _s Francisco Gutierrez 14 Executive Director Finance and Management Services Exhibits: 1. Resolution 2. Miscellaneous Fees Schedule 75F -2 -2 Jxs (U5 %18/16) RESOLUTION NO. 2016 -xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2016 -2017 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. Each year, for the convenience of the public the City Council gathers in a single document a comprehensive listing of fees and service charges imposed by the City upon that limited number of persons seeking services of value from the City. B. This document is known as the "Miscellaneous Fee Schedule" for Fiscal Year 2016 -2017 and is on file at the Clerk of the Council office, and incorporated by this reference. C. As part of approving the Miscellaneous Fee Schedule for Fiscal Year 2016 -2017, the various agencies of the City have analyzed the cost to administer the various programs, activities and applications for which the City imposes fees or service charges. D. In certain circumstances, agencies have determined that the cost to the City to process or undertake the services set forth in the Miscellaneous Fee Schedule has increased over the prior fiscal year by approximately 3.18 %, so that certain proposed fees for Fiscal Year 2016 -2017 have been increased by this percentage, or by this amount rounded. This percentage reflects the change in the Consumers Price Index - Urban, All Services Component, for the Los Angeles- Riverside - Orange County area in a twelve month period ending December 31, 2015 (CPI). E. The Council finds that the cost of providing the services set forth in the Miscellaneous Fee Schedule has risen by 3.18% and that this reflects the cost of administering certain programs, activities or applications for which the City levies charges, fees or service charges. Such 3.18% increase does not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. F. Similarly, in a few limited circumstances, agencies have determined that new charges should be added or existing charges raised beyond this 3.18 %. Such charges are listed in the 'Proposed New Miscellaneous Fee for FY 2016 -2017' attached to the staff report submitted for this matter, and made a part hereof by this reference. Resolution No. 2018 -XXX 75F -2 -3 Page 1 of 3 Jxs(05 /ISI16) G. In order to have a single comprehensive document for Fiscal Year 2016- 2017, the majority of fees which are unchanged have simply been reprinted in the Miscellaneous Fee Schedule. The Council expressly states that it is not its intention to repeal previously adopted fees and adopt new fees of exactly the same amount, but is simply repeating these fees so that the Miscellaneous Fee Schedule can continue to be a comprehensive source of City fees and service charges. H. In each of these cases, the Council finds, determines and declares that such new or increased charges, fees or service charges do not exceed the City's estimated reasonable cost to provide the pertinent service, process the specified application or administer the certain program for which the charge, fee or service charge is imposed. 1. Based upon the testimony, reports and other evidence submitted on these matters, this City Council makes the above - specified findings. Section 2: The Miscellaneous Fee Schedule for Fiscal Year 2016 -2017 is hereby adopted. Each fee or service charge set forth shall be levied until further resolution of this Council. Section 3: To the extent that any fee or service charge established pursuant to City Resolution No. 2015 -027 is inconsistent with the fees or service charges established pursuant to this Resolution, then said Resolution No. 2014 -046 is hereby repealed. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall be operative from and after July 1, 2016. ADOPTED this day of June, 2016. APPROVED AS TO FORM: Sonia R. Carvp1hc,, City Attorney By. s Sandoval ief Assistant City Attorney Miguel A. Pulido Mayor Resolution No. 2016 -XXX 75F -2 -4 Page 2 of 3 Jxst05118 /16) 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. 2016 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana Resolution No. 2016 -XXX 75F -2 -5 Page 3 of 3 75F -2 -6