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HomeMy WebLinkAbout FULL PACKET_2019-10-15DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA September 3, 2019 CLOSED SESSION MEETING CALL TO ORDER— MAYOR PRO TEM Mayor Pro Tem Villegas called the meeting to order at 5:14 and quorum established with the presence of Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio; and Mayor Pulido joined at 5:15 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: Ward 4 is vacant. PUBLIC COMMENTS - Members of the public may address the City Council on items on the Closed Session Agenda. There were no public comments made. 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: Mayor Pro Tern recessed the meeting to room 147 at 5:14 p.m. to discuss Closed Session Items 1-3 as listed on the agenda: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A) City of Santa Ana v. Antranik Ozbag Zorayan et al., Orange County Superior, Court Case No. 30- 2017-00938838 B) Orange County Catholic Worker, et al. v. DRAFT CITY COUNCIL MINUTES 1 September 3, 2019 10A-1 Orange County, et al.., U.S. District Court (Central District of California), Case No. SA CV 18-0155-DOC (KESx) C) City of Santa Ana v. County of Orange, et al., (Cross -Complaint), U.S. District Court (Central District of California), Case No. SA CV 18- 0155-DOC (KESx) D) Rogelio Reyes v. City of Santa Ana, Case. No. SA CV 18-1537-DOC (ADSx) E) Santa Ana Police Officers Association et. al v. City of Santa Ana OC Superior Court, Case No. 30-2015-00771129-CU-WM-CJC 2. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION pursuant to paragraph (2) OR (3) of subdivision (d) of Section 54956.9 of the Government Code: One 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Human Resources Executive Director, Steven Pham Employee Organizations: Santa Ana Police Management Association (PMA); Confidential Association of Santa Ana (CASA); Santa Ana Management Association (SAMA) CLOSED SESSION REPORT - The City Attorney will report on any action(s) to be taken at the Regular Meeting which will begin immediately following the Closed Session Meeting. ADJOURN CLOSED SESSION AND CONVENE TO THE REGULAR OPEN SESSION. Mayor Pulido adjourned Closed Session at 6:20 p.m. DRAFT CITY COUNCIL MINUTES September 3, 2019 10A-2 REGULAR OPEN MEETING Mayor Pulido called the Regular Open Session to order at 6:21 p.m. COUNCILMEMBERS Present: Mayor Pulido Mayor Pro Tern Villegas Councilmember Iglesias Councilmember Penaloza Councilmember Sarmiento Councilmember Solorio COUNCILMEMBERS Absent: Ward 4 is vacant. PLEDGE OF ALLEGIANCE - MAYOR PULIDO INVOCATION - DAVE MITCHELL, POLICE CHAPLAIN CEREMONIAL PRESENTATIONS 1. SPECIAL PRESENTATION presented by the Santa Ana Chamber of Commerce, "YOUR Santa Ana Chamber of Commerce at Work." Dave Elliot, Chief Executive Officer, and team provided a brief presentation. 2. CERTIFICATES OF RECOGNITION presented by MAYOR PULIDO recognizing Alison Young for her contributions to the community. 3. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing the Professor John Dombrink for his contributions to the community. CLOSED SESSION REPORT - The City Attorney will report items to be added to Consent Calendar Item 19A from the Closed Session meeting. PUBLIC COMMENTS Bruce Channing spoke in support of Item 20B. CONSENT CALENDAR DRAFT CITY COUNCIL MINUTES 3 September 3, 2019 10A-3 MOTION: Approve staff recommendations on the following Consent Calendar items: Items 11A through 25F; 39A pulled for separate discussion. Councilmember Penaloza motioned to approve, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Penaloza VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS 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. ADOPT ORDINANCE NO. NS-2972 ENTITLED - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING AND ADDING CERTAIN SECTIONS TO ARTICLES XIII, XII, AND VII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO OWNERSHIP TRANSFERS, CLOSE OUT AUDIT PROCEDURES (SECTIONS 21-131.1 AND 21-141); VERTICAL INTEGRATION (SECTIONS 21-131.2 AND 21-142); REDUCTION IN THE GROSS RECEIPTS TAX RATE FOR CANNABIS TESTING FACILITIES, DEDUCTIBILITY OF INTERPARTY SALES AND TRANSFERS OF GOODS, CLARIFICATION OF SQUARE FOOTAGE TAX MEASUREMENT REQUIREMENTS (SECTION 21-133); AND REDUCTION OF SECURITY DEPOSIT AMOUNTS AND ESTABLISHMENT OF RELATED PROCEDURAL REQUIREMENTS (SECTIONS 21-80, 21-80.1, 21-86 AND 21-136) {STRATEGIC PLAN NO. 5, 1) — Planning and Building Agency Placed on first reading at the August 20, 2019 City Council meeting and approved by a vote of 4-1 (Iglesias dissented, Pulido absent). Published in the Orange County Reporter on August 23, 2019. MOTION: Place ordinance on second reading and adopt. This Consent— Motion was approved. DRAFT CITY COUNCIL MINUTES September 3, 2019 10A-4 11 B. ADOPT ORDINANCE NO. NS-2973 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA AND CHAPTER 40 OF THE MUNICIPAL CODE PERTAINING TO COMMERCIAL CANNABIS TO UPDATE AND STREAMLINE IMPLEMENTATION OF COMMERCIAL CANNABIS, INCLUDING MEDICINAL CANNABIS PURCHASING AGE (SECTION 18-613), EMPLOYEE BADGES (SECTIONS 18-613 AND 40-8), MANUFACTURING PERMIT REQUIREMENTS (SECTION 40-8), AND ADMINISTRATION AND IMPLEMENTATION AMENDMENTS (SECTIONS 18-617.5, 40-1, 40-2, 40-5, 40-8, 40-9.1, AND 40-10) {STRATEGIC PLAN NO. 5, 1}- Planning and Building Agency Placed on first reading at the August 20, 2019 City Council meeting and approved by a vote of 4-1 (Iglesias dissented, Pulido absent). Published in the Orange County Reporter on August 23, 2019. MOTION: Place ordinance on second reading and adopt. This Consent— Motion was approved. Ti _ ; � �L�Zi7�IytF�-ICi7�F�L�7i aI�I�I�i���9 13A. APPOINT ALBERTA CHRISTY NOMINATED BY COUNCILMEMBER PENALOZA AS THE WARD 2 REPRESENTATIVE TO THE HISTORIC RESOURCES COMMISSION FOR A FULL -TERM EXPIRING DECEMBER 13, 2022 {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Nominate Alberta Christy for an appointment to the Historic Resources Commission as the Ward 2 representative (replaces G. Hardy). This Consent— Motion was approved and oath issued. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None. 19B. EXCUSED ABSENCES — Clerk of the Council Office None. DRAFT CITY COUNCIL MINUTES September 3, 2019 10A-5 BUDGETARY MATTERS 20A. APPROVE AN APPROPRIATION ADJUSTMENT TO RECEIVE AND APPROPRIATE $23,760 FROM THE SOCAL WATER$MART PUBLIC AGENCY LANDSCAPE PROGRAM TO PURCHASE CENTRAL COMPUTER IRRIGATION CONTROLLERS FOR CENTENNIAL PARK (STRATEGIC PLAN NO. 6, 1) — Parks, Recreation and Community Services Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-017 - Recognizing $23,760 from the SoCal Water$mart Public Agency Landscape Program in the Miscellaneous income account and appropriate the same amount to the Parks, Recreations and Community Services Agency Operating Materials & Supplies Buildings/Grounds account to purchase central computer irrigation controllers for Centennial Park. This Consent— Motion was approved. 20B. AUTHORIZE THE CITY MANAGER TO INITIATE A MEMBERSHIP WITH THE ASSOCIATION OF CALIFORNIA CITIES - ORANGE COUNTY AND APPROVE AN APPROPRIATION ADJUSTMENT OF $68,677 {STRATEGIC PLAN NO. 1, THROUGH 7} - City Manager's Office Authorize the City Manager to initiate a membership with the Association of California Cities — Orange County. 2. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2020-025 - Transferring $68,677 from general fund non -departmental into the legislative accounting unit. This Consent— Motion was approved. SPECIFICATIONS - PURCHASE OF EQUIPMENT AND SERVICES 22A. AMEND THE BLANKET ORDER CONTRACT FOR CHAIN LINK FENCE RENTALS IN THE AMOUNT OF $118,400 WITH UNITED SITE SERVICES, INC. (SPECIFICATION NO. 16-059) {STRATEGIC PLAN NO. 5,41 - Finance and Management Services Agency; Community Development Agency; Parks, Recreation and Community Services; and Public Works Agency MOTION: Authorize the City Manager to amend the annual amount of the blanket order contract with United Site Service, Inc. for citywide chain link fence rentals by $97,000 plus a 10 percent contingency of $21,400, for a new total annual amount DRAFT CITY COUNCIL MINUTES September 3, 2019 10A-6 not to exceed $235,400, subject to non -substantive changes approved by the City Manager and City Attorney. This Consent— Motion was approved. 22B. AWARD A BLANKET ORDER CONTRACT IN THE AMOUNT NOT TO EXCEED $240,120 TO CESAR VARGAS AND ASSOCIATES FOR TRANSLATION SERVICES (SPECIFICATION NO. 19-086) {STRATEGIC PLAN NO. 5, 11 - Finance and Management Services Agency; Community Development Agency; Human Resources Department; Police Department and Public Works Agency MOTION: Award a blanket order contract to Cesar Vargas and Associates for translation services for a one-year period beginning September 3, 2019, and expiring on September 2, 2020 in an amount not to exceed $63,780 for the first year, with provisions for three one-year renewals exercisable by the City Manager, in an annual amount not to exceed $58,780, for a total amount not to exceed $240,120, subject to non -substantive changes approved by the City Manager and City Attorney. This Consent— Motion was approved. PROJECTS/CHANGE ORDERS 23A. AUTHORIZE A BUDGET REALLOCATION AND AWARD A CONSTRUCTION CONTRACT TO ARAMEXX CONSTRUCTION IN THE AMOUNT OF $2,856,418, FOR THE CIVIC CENTER BIKE BOULEVARD AND SAFE ROUTES TO SCHOOL ENHANCEMENTS FOR SEPULVEDA ELEMENTARY SCHOOL PROJECT ESTIMATED PROJECT COST: $3,383,000 (PROJECT NOS. 17-6801 & 17-6886) {STRATEGIC PLAN NO. 6, 1 C & 1 G) - Public Works Agency Authorize the reallocation of $65,000 in unspent Fiscal Year 2018-19 Measure M2 Local Fairshare Funds from Local Preventative Maintenance FY 17/18 Project (Project #18-6907) to the Safe Routes to School Enhancements for Sepulveda Elementary School Project (Project #17-6886). 2. Award a contract to Aramexx Construction, the lowest responsible bidder, in accordance with the base bid in the amount of $2,856,418, for construction of the Civic Center Bike Boulevard and Safe Routes to School Enhancements for Sepulveda Elementary School Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $3,383,000, which includes $2,856,418 for the construction contract; $226,422 DRAFT CITY COUNCIL MINUTES September 3, 2019 10A-7 for contract administration, inspection and testing; and a $300,160 project contingency (approximately 10% of the construction contract amount), funded by Active Transportation Program Cycle 2 Funds. This Consent— Motion was approved. AGREEMENTS 25A. APPROVE AMENDMENT TO LEGAL SERVICES AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES WITH CARPENTER, ROTHANS & DUMONT TO INCREASE HOURLY BILLING RATE TO $225/HOUR FOR GENERAL LIABILITY AND POLICE LITIGATION DEFENSE MATTERS {STRATEGIC PLAN NO. 1, 3, 4, 51 — City Attorney's Office and Human Resources Department MOTION: Authorize the City Manager to execute an amendment to the legal services agreement with the law firm of Carpenter, Rothans & Dumont, ("CRD") for litigation matters concerning general liability and police litigation defense, effective October 1, 2019, subject to non -substantive changes approved by the City Manager and the City Attorney. The amendment reflects a change in the CRD hourly billing rate from $200 to $225 per hour effective October 1, 2019. While the hourly rate will increase by $25/hour, the overall appropriation for Agreement (A-2017-070), approved by the Council on April 18, 2017, will remain the same (Agreement No. A-2019-xxx). This Consent Item - Agreement No. A-2019-148 was approved. 25B. APPROVE AGREEMENTS WITH URBAN FUTURES INC. (NOT -TO -EXCEED $72,500) AND BEST BEST & KRIEGER, LLP (NOT -TO -EXCEED $117,500) FOR PROFESSIONAL SERVICES RELATED TO THE REFUNDING OF THE GAS TAX REVENUE CERTIFICATES OF PARTICIPATION, SERIES 2007 {STRATEGIC PLAN NO. 4, 2D} - Finance and Management Services Agency Authorize the City Manager to execute an agreement with Urban Futures Inc. for financial advisor services related to the refunding of the Certificates of Participation beginning September 3, 2019 through June 30, 2020, for a not -to - exceed amount of $72,500, with a provision for a one-year extension exercisable by the City Manager and the City Attorney and subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A- 2019-xxx). This Consent Item - Agreement No. A-2019-149 was approved. 2. Authorize the City Manager to execute an agreement with Best Best & Krieger, LLP for bond counsel and disclosure counsel services related to the refunding of DRAFT CITY COUNCIL MINUTES September 3, 2019 10A-8 the Certificates of Participation beginning September 3, 2019 through June 30, 2020, for a not -to -exceed amount of $117,500, with a provision for a one-year extension exercisable by the City Manager and City Attorney and subject to non - substantive changes approved by the City Manager and the City Attorney or his/her designee (Agreement No. A-2019-xxx). This Consent Item - Agreement No. A-2019-150 was approved. 25C. APPROVE THE FIRST AMENDMENT TO THE AGREEMENTS WITH ADMINSURE, INC., FOR THIRD PARTY ADMINISTRATOR CLAIMS SERVICES ADDITIONAL ANNUAL FEES FOR GENERAL LIABILITY OF $93,360 AND WORKERS' COMPENSATION CLAIMS OF $49,800 {STRATEGIC PLAN NO. 7; 6) — Human Resources Department MOTION: Authorize the City Manager to execute the attached first amendments to the agreements with AdminSure, Inc., to provide an increased scope of services to the City's self -insured third party claims administration and management for General Liability and Workers' Compensation with term of agreements remaining from September 5, 2018 through August 31, 2021 which include two, two-year options for renewal. Additional amount of $7,780 per month for General Liability and $4,150 per month for Workers' Compensation, subject to non -substantive changes approved by the City Manager and City Attorney. This increase annualized is $49,800 for Workers' Compensation and $93,360 for General Liability (Agreement Nos. A-2019-xxx and A-2019-xxx). This Consent Item - Agreement Nos. A-2019-151 and A-2019-152 was approved. 25D. APPROVE RENEWAL AGREEMENT FOR BILL PRINT SERVICES WITH INFOSEND, INC. {STRATEGIC PLAN NO. 7, 5F)— Finance and Management Services Agency and Public Works Agency MOTION: Authorize the City Manager to execute an agreement with InfoSend, Inc. ("InfoSend") for printing, processing, mailing, and electronic bill presentment and payment for City water billing, licensing and/ or fee revenues effective July 1, 2019 through December 31, 2020, for an amount not to exceed $600,000, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-xxx). This Consent Item - Agreement No. A-2019-153 was approved. DRAFT CITY COUNCIL MINUTES September 3, 2019 10A-9 25E. APPROVE SECOND AMENDMENT TO COOPERATIVE AGREEMENT FOR THE SANTA ANA-DELHI CHANNEL DIVERSION PROJECT AUTHORIZING REIMBURSEMENT OF UP TO $148,500 TO THE CITY OF COSTA MESA (PROJECT NO. 16-6467) {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency MOTION: Authorize the City Manager to execute a Second Amendment to the Cooperative Agreement with the City of Costa Mesa for the Santa Ana -Delhi Channel Diversion Project, authorizing reimbursement of up to $148,500 to the City of Costa Mesa for costs associated with constructing an underground segment of the Santa Ana -Delhi Channel Diversion Project, located on Bristol Street from Baker Street to Newport Boulevard, subject to non -substantive changes approved by the City Manager and the City Attorney (Agreement No. A- 2019-xxx). This Consent Item - Agreement No. A-2019-154 was approved. 25F. APPROVE AN AMENDMENT TO THE AGREEMENT WITH SINGLE POINT ALLIANCE, INC., IN THE AMOUNT OF $250,000 TO PROVIDE A CENTRAL STORES CONSIGNMENT INVENTORY PROGRAM (SPECIFICATION NO. 11-059) {STRATEGIC PLAN NO. 6, 1, C) — Public Works Agency MOTION: Authorize the City Manager to amend the agreement with Single Point Alliance, Inc., for a consignment inventory program in the amount of $250,000, for a new total annual amount not to exceed $917,500, and extend the term by four months for a new agreement expiration date of January 31, 2020, subject to non - substantive changes approved by the City Manager and City Attorney (Agreement No. A-2019-xxx). This Consent Item - Agreement No. A-2019-155 was approved. LAND USE MATTERS MISCELLANEOUS - LAND USE 39A. APPROVE NAMING OF THE NEW PARK AT 720 EAST SIXTH STREET "MARIPOSA PARK" {STRATEGIC PLAN NO. 5, 4)— Planning and Building Agency and Parks, Recreation and Community Services Agency Planning Commission approved recommended action on August 12, 2019 by a vote of 6-0. Board of Recreation and Parks recommended the Planning Commission name park "Parque Mariposa" on June 26, 2019 by a vote of 4-0 (Aleman, Sanchez and Velarde-Garcia absent). MOTION: Approve naming of the park at 720 East Sixth Street "Mariposa Park". Councilmember Penaloza motioned to approve, seconded by Mayor Pro Tern Villegas. DRAFT CITY COUNCIL MINUTES 10 September 3, 2019 10A-10 MOTION: Councilmember Penaloza VOTE: AYES: NOES ABSTAIN: ABSENT: END OF CONSENT CALENDAR SECOND: Mayor Pro Tem Villegas Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (5) Councilmember Sarmiento (1) None (0) None (0) ADMINISTERED OATH OF OFFICE TO ALBERTA CHRISTY, HISTORIC RESOURCES COMMISSIONER Mayor Pulido acknowledged Rosie Avila for her past service on the Santa Ana Unified School Board and contributions to the community. BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION FOR THE OC PLAN FOR INTEGRATED REGIONAL WATER MANAGEMENT FOR NORTH AND CENTRAL ORANGE COUNTY AND THE ONE WATER ONE WATERSHED PLAN FOR THE SANTA ANA RIVER WATERSHED, AND AUTHORIZE THE SANTA ANA WATERSHED PROJECT AUTHORITY TO SUBMIT A PROP 1 INTEGRATED REGIONAL WATER MANAGEMENT GRANT APPLICATION ON BEHALF OF THE CITY OF SANTA ANA FOR THE RAITT AND MYRTLE PARK PROJECT {STRATEGIC PLAN NO. 5, 6F) - Public Works Agency 1. Adopt a RESOLUTION NO. 2019-075 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE OC PLAN FOR INTEGRATED REGIONAL WATER MANAGEMENT FOR NORTH AND CENTRAL ORANGE COUNTY AND THE ONE WATER ONE WATERSHED PLAN FOR THE SANTA ANA RIVER WATERSHED, AND AUTHORIZING THE SANTA ANA WATERSHED PROJECT AUTHORITY TO SUBMIT A PROP. 1 IRWM GRANT APPLICATION DRAFT CITY COUNCIL MINUTES 11 September 3, 2019 10A-11 ON BEHALF OF THE CITY OF SANTA ANA FOR THE RAITT AND MYRTLE PARK PROJECT 2. Authorize the Santa Ana Watershed Project Authority to submit a Prop 1 Integrated Regional Water Management grant application on behalf of the City of Santa Ana for the Raitt and Myrtle Park Project. Councilmember Sarmiento motioned to adopt, seconded by Councilmember Solorio. MOTION: Councilmember SECOND: Councilmember Solorio Sarmiento VOTE: AYES: Mayor Pulido, Mayor Pro Tem Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADMINISTRATIVE MATTERS - BUSINESS 60A. AUTHORIZE THE NEGOTIATION OF A DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) FOR THE RENOVATION AND REUSE OF THE YMCA PROPERTY LOCATED AT 203-205 W. CIVIC CENTER DRIVE (STRATEGIC PLAN NO. 3, 5A) — Community Development Agency MOTION: Authorize the City Manager to negotiate a Disposition and Development Agreement (DDA) for the reuse of the YMCA property with Caribou Industries, subject to non -substantive changes approved by the City Manager and City Attorney. PUBLIC COMMENT: Lucy Santana spoke in support of creating an educational institution as well as providing community space for culture and arts. Heather Luis -Martinez spoke in support of community center at the YMCA property. Oralia Aguilera spoke in support of the item. Valerie Sy spoke in opposition of the item. DRAFT CITY COUNCIL MINUTES 12 September 3, 2019 10A-12 Marlene Pena-Marin spoke in opposition of the item. Jose Rea spoke in opposition of the item. Cristina Garcia Rea spoke in opposition of the item. Jose De Jesus Rea III spoke in opposition of the item. Rosie Avila spoke in support of the item. Councilmember Solorio directed staff to find other facilities for the non-profit Relampago Del Cielo Grupo Folklorico and encourages both interested parties to work together. Councilmember Penaloza encouraged staff to include strict timeline language for any development. Councilmember Iglesias directed City Manager to include strict deadlines for completion of project and requested updates as the project moves along. City Manager Kristine Ridge informed council that the DDA includes hard deliverables, timelines and the agreement will be brought back to council for approval. Councilmember Penaloza encouraged staff to include language to protect the bees and honeycombs located in numerous parts of the area, along with language to restrict the sale to non-profit organizations. Mayor Pro Tom Villegas encourages both parties to work together. Councilmember Sarmiento requested to include reversion clause language as a friendly amendment. Mayor Pulido indicated the reversion clause would be a beneficial friendly amendment to the original motion; however, it should not discourage a potential partnership. Also, spoke to the importance of effective non -profits that provide a benefit to society and many different ways and enhance the community overall. Thus, spoke to the earlier direction that provided to City Manager to include a clause to restrict non -profits is not the intention. Councilmember Penaloza clarified his earlier statement and requested that the development benefit the city. Mayor Pulido encourages both parties work together, reiterated that parking is essential, encourages less than 180 days to complete the project, and assist in locating other homes that possibly might work for Relampago Del Cielo. DRAFT CITY COUNCIL MINUTES 13 September 3, 2019 10A-13 Councilmember Solorio motioned to adopt as amended, seconded by Councilmember Iglesias. MOTION: Councilmember Solorio VOTE: AYES: NOES ABSTAIN: ABSENT: REPORTS SECOND: Councilmember Iglesias Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) None (0) None (0) None (0) 65A. BOARDS AND COMMISSIONS MEMBERS {STRATEGIC PLAN NO. 5, 1) - Clerk of the Council Office MOTION: To approve all members listed as serving expired terms for Ward 4 with the exception of Youth Commission. Councilmember Iglesias motioned to approve recommendation, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Iglesias VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza (4) NOES: Councilmember Sarmiento, Councilmember Solorio (2) ABSTAIN: None (0) ABSENT: None (0) City Attorney Sonia Carlvalho asked to confer with Clerk of the Council Daisy Gomez regarding Item 65A. DRAFT CITY COUNCIL MINUTES 14 September 3, 2019 1 OA-14 City Manager Kristine Ridge would like council to clarify and retake vote on Item 65A. MOTION: To adopt as amended to to revote on removal of all members serving for Ward 4 including post 2018 General Election appointment with the exception of Youth Commission, board vacancies, and appointees with expired terms. Councilmember Iglesias motioned to adopt as amended, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember Iglesias VOTE: AYES: NOES /e1 &3IFAI0A ABSENT: PUBLIC HEARINGS SECOND: Mayor Pro Tern Villegas Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza (4) Councilmember Sarmiento, Councilmember Solorio (2) None (0) None (0) 75A. PUBLIC HEARING - CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (STRATEGIC PLAN NO 4, 1)— Community Development Agency Community Redevelopment and Housing Commission approved recommended action on August 14, 2019 by a vote of 7-0 (Frazier and Tardif absent). Legal Notice published in The Register on August 18, 2019. Seeing no one wishing to speak, Mayor Pulido opened and closed the public hearing at 8:04 p.m. MOTION: Authorize the submission of the Consolidated Annual Performance and Evaluation Report to the U. S. Department of Housing and Urban Development. Councilmember Solorio motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tern Villegas Solorio VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Solorio (5) DRAFT CITY COUNCIL MINUTES 15 September 3, 2019 10A-15 NOES: None (0) ABSTAIN: None (0) ABSENT: Councilmember Sarmiento (1) 75B. PUBLIC HEARING — RECOVERY OF COSTS AND EXPENDITURES IN AN AMOUNT OF $76,948.60 INCURRED BY THE CITY FOR WEED AND TRASH ABATEMENT WITHIN RAILROAD RIGHT-OF-WAYS IN THE CITY {STRATEGIC PLAN NO. 5, 4E}— Planning and Building Agency Legal Notice published in the Orange County Reporter on August 23, 2019 and notices mailed on August 22, 2019. Mayor Pulido opened the public hearing at 8:07 p.m. PUBLIC COMMENT Lupe C. Valdez spoke in support of the item. Mayor Pulido closed the public hearing at 8:11 p.m. MOTION: Adopt RESOLUTION NO. 2019-076 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS AND EXPENDITURES INCURRED BY THE CITY FOR WEED, RUBBISH, AND GARBAGE ABATEMENT WITHIN UNION PACIFIC RAILROAD COMPANY RIGHT OF WAY WITHIN THE CITY; AND, MAKING, CONFIRMING, AND LEVYING ASSESSMENTS FOR SUCH COSTS Councilmember Iglesias motioned to adopt, seconded by Mayor Pro Tern Villegas. MOTION: Councilmember SECOND: Mayor Pro Tem Villegas Iglesias VOTE: AYES: Mayor Pulido, Mayor Pro Tern Villegas, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Councilmember Solorio (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) DRAFT CITY COUNCIL MINUTES 16 September 3, 2019 10A-16 75C. PUBLIC HEARING - ANNEXATION NO. 2018-01 TO ADOPT A COOPERATIVE AGREEMENT BETWEEN THE CITY AND COUNTY OF ORANGE IN AN AMOUNT OF $711,814, AUTHORIZE STAFF TO SUBMIT AN ANNEXATION APPLICATION TO THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION, APPROVING A PROPERTY TAX EXCHANGE AGREEMENT WITH THE COUNTY OF ORANGE, APPROVING GENERAL PLAN AMENDMENT NO. 2018-04 AND AMENDMENT APPLICATION NO. 2018-07. AUTHORIZING A WATER SERVICE AGREEMENT WITH THE CITY OF TUSTIN AND APPROVING A CHANGE IN WARD 3 BOUNDARIES FOR THE ANNEXATION OF A 24.78-ACRE COUNTY ISLAND AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE - CITY OF SANTA ANA APPLICANT {STRATEGIC PLAN NO. 3, 21 - Planning and Building Agency Legal Notice published in the Orange County Reporter on August 23, 2019 and August 30, 2019 and notices mailed on August 22, 2019. Mayor Pulido opened the public hearing at 8:15 p.m. PUBLIC COMMENT Alan Rice spoke in opposition to the item. Peter Whittingham spoke in support of the item. Mayor Pulido closed the public hearing at 8:19 P.M. MOTION: 1. Approve the CEQA determination of a Categorical Exemption (Class 19) for the proposed County island annexation. 2. Adopt a RESOLUTION NO. 2019-077 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING ANNEXATION NO. 2018-01, THE DETACHMENT FROM THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY, AND AUTHORIZING THE SUBMITTAL OF A PROJECT APPLICATION FORM TO THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION FOR A 24.78-ACRE COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 3. Authorize execution of a Cooperative Agreement between the City and the County of Orange for the acceptance of one-time funds in the amount of $711,814 and to allow the County to continue to process active development projects within the annexation area (Agreement No. A-2019-156). DRAFT CITY COUNCIL MINUTES 17 September 3, 2019 10A-17 4. Adopt RESOLUTION NO. 2019-078 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING A PROPERTY TAX EXCHANGE AGREEMENT WITH THE COUNTY OF ORANGE FOR THE 24.78-ACRE COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE TO BE DETACHED FROM THE COUNTY OF ORANGE AND ANNEXED TO THE CITY OF SANTA ANA 5. Adopt RESOLUTION NO. 2019-079 ENTITLED: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING GENERAL PLAN AMENDMENT NO. 2018-04 FOR THE PROPOSED ANNEXATION OF A COUNTY ISLAND GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 6. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS- 2974 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2018-07 PRE -ZONING THE PROPERTIES LOCATED WITHIN AN UNINCORPORATED COUNTY ISLAND PROPOSED FOR ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE 7. Authorize execution of a Water Service Agreement between the City of Santa Ana and the City of Tustin (Agreement No. A-2019-157). 8. Place ordinance on first reading and authorize publication of title. (Requires five affirmative votes). ORDINANCE NO. NS-2975 ENTITLED: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CHANGING THE BOUNDARIES OF WARD 3 IN CONJUNCTION WITH THE PROPOSED 24.78-ACRE COUNTY ISLAND ANNEXATION GENERALLY LOCATED AT THE NORTHEAST CORNER OF SEVENTEENTH STREET AND TUSTIN AVENUE Councilmember Solorio motioned to approve, seconded by Councilmember Iglesias. DRAFT CITY COUNCIL MINUTES 18 September 3, 2019 10A-18 MOTION: Councilmember SECOND: Councilmember Iglesias Solorio VOTE: AYES: Mayor Pulido, Councilmember Iglesias, Councilmember Penaloza, Councilmember Sarmiento, Council member Solorio (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Mayor Pro Tom Villegas (1) COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. Only action available to City Council is to provide direction to City Manager. 85A. DISCUSS AND DIRECT THE CITY MANAGER TO DIRECT STAFF TO PROMINENTLY DISPLAY "IN GOD WE TRUST" AND THE CITY SEAL IN THE CITY COUNCIL CHAMBERS — Councilmember Iglesias PUBLIC COMMENT Alberta Christy spoke in support of the item. Gisela Contreras spoke in support the item. Everlena Oliver spoke in support of the item. Melissa Jones spoke in support of the item. Ann Coil spoke in support of the item. Gale Oliver Jr. spoke in support of the item. Brenda Lebsack spoke in support of the item. Daniel De Leon spoke in support of the item. Rosie Avila spoke in support of the item. Councilmember Iglesias directed City Manager Kristine Ridge to explore the formation of an advisory group comprised of residents, non-profit organization, Chamber of Commerce and others to help advice in the city's efforts in addressing the homeless. DRAFT CITY COUNCIL MINUTES 19 September 3, 2019 10A-19 City Manager Kristine Ridge informed council that staff would return back to council with samples for council to review and approve on a final design. Councilmember Penaloza and Councilmember Solorio provided direction to staff to research other cities and institutions have in their chamber. Councilmember Sarmiento requested research on potential legal challenges to be presented to council. 85B. DISCUSS AND DIRECT THE CITY MANAGER TO RETURN TO THE CITY COUNCIL WITH OPTIONS FOR A COMMUNITY ADVISORY GROUP TO PROVIDE RECOMMENDATIONS FOR ADDRESSING HOMELESSNESS — Councilmember Iglesias City Manager to provide additional options outside of City services to creatively have additional services. COMMENTS There were no public comments on non -agenda items made. 90A. CITY MANAGER'S COMMENTS City Manager Ridge provided brief announcements. 90B. CITY COUNCILMEMBER COMMENTS Council Member Solorio made community announcements. Council Member Penaloza made community announcements. Council Member Iglesias made community announcements. Council Member Sarmiento made community announcements. Mayor Pro Tern Villegas made community announcements; and requested that naming of skate park after Pat McGuigan, Council Member Solorio and Mayor Pulido concurred. Mayor Pulido requested flowers and a copy of the video of Council meeting be sent to the family. DRAFT CITY COUNCIL MINUTES 20 September 3, 2019 1 OA-20 ADJOURNMENT - The next meeting of the City Council is scheduled for Tuesday, September 17, 2019 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. Mayor Pulido adjourned the meeting in Memory of Pat McGuigan at 9 p.m. Daisy Gomez, Clerk of the Council DRAFT CITY COUNCIL MINUTES 21 September 3, 2019 1 OA-21 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 T1 TLE:i SECOND READING OF ORDINANCE CONCERNING OVERSIZED VEHICLES {STRATEGIC PLAN NOS. 5, 41 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Consider adoption of the Ordinance for Second Reading of the Oversized Vehicle Ordinance: 1. Adopt with the misdemeanor penalty as originally proposed in the First Reading of the Ordinance, KO 2. Alternatively adopt without the misdemeanor penalty as amended by the City Council in the First Reading of the Ordinance. DISCUSSION During the Introduction and First Reading of the Ordinance, a Council Member requested the removal of the penalty provision making a violation of the ordinance a misdemeanor. Upon further discussion with the Santa Ana Police Department and the City Attorney's Office, staff recommends retaining the misdemeanor provision in the ordinance for the second reading. The ordinance, as written, provides officers the discretion to issue an administrative or misdemeanor citation. However, if the issuance of an administrative citation does not achieve compliance, in order to bring the matter before a judge for prosecution, the officer must issue a misdemeanor citation. Staff is seeking Council's support to retain the misdemeanor option as an enforcement tool in this Ordinance. 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). 11 A-1 Second Reading of Ordinance Concerning Oversized Vehicles October 15, 2019 Page 2 FISCAL IMPACT There are no fiscal impacts associated with the second reading of the ordinance. David Valentin Chief of Police Santa Ana Police Department Exhibits: 1. Final Ordinance with the misdemeanor enforcement provision 2. Final Ordinance without the misdemeanor enforcement provision 11 A-2 EXHIBIT 1 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 ARTICLE I (IN GENERAL) DIVISION 1 (DEFINITIONS) TO ADD SECTION 36-19 (OVERSIZED VEHICLE); TO ADD SECTION 36-20 (RECREATIONAL VEHICLE); TO ADD SECTION 36- 21 (NON -MOTORIZED VEHICLE); TO ADD SECTION 36-22 (PARK ROAD); TO ADD SECTION 36-23 (PARKING, PARK OR PARKED); AMENDING CHAPTER 36 ARTICLE IV (PARKING REGULATIONS) TO ADD SECTION 36-149 (PROHIBITION OF PARKING OF OVERSIZED VEHICLES, NON -MOTORIZED VEHICLES, AND RECREATIONAL VEHICLES); TO ADD SECTION 36-150 (EXCEPTIONS TO PROHIBTION ON PARKING OF OVERSIZED VEHICLES, NON - MOTORIZED VEHICLES, AND RECREATIONAL VEHICLES); TO ADD SECTION 36-151 (NOTICE); TO ADD SECTION 36-152 (ENFORCEMENT REMEDIES); TO ADD SECTION 36-153 (PERMIT PROCESS FOR TEMPORARY OVERNIGHT PARKING ON PUBLIC STREETS). WHEREAS, in California Vehicle Code Sections 22507 and 22507.5, the Legislature delegated to local governments the authority to regulate vehicular parking within their jurisdictions. In accordance with this authority, the City Council of the City of Santa Ana ("City Council") adopted Article IV (Parking Regulations) of Chapter 36 (Traffic) of the Santa Ana Municipal Code ("Code") to regulate the parking of vehicles in the City of Santa Ana ("City"); and WHEREAS, pursuant to Section 36-145 of the Code, no person shall park and/or leave standing on any street, or portion thereof, in any residential district located within the city any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more for a period of time longer than two (2) hours. Such restriction shall not apply to any commercial vehicle which is making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the residential street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the residential street for which a building permit has previously been obtained; and WHEREAS, some large, oversized and recreational vehicles (collectively, "Oversized Vehicles") may exceed 22 feet in length or 7 feet in height but not meet the definition of vehicles restricted by SAMC Section 36-145; and WHEREAS, the proliferation of Oversized Vehicles parked on public streets raises public safety concerns, including the obstruction of access to rights -of -way, reduced site 11 A-3 1 distance, reduced visibility at intersections, all of which have a detrimental effect on the public health, safety, welfare and quality of life in the City of Santa Ana; and WHEREAS, certain neighborhoods and areas of the City do not have sufficient on or off street space to accommodate the parking of vehicles and the proliferation of Oversized Vehicles parked in the limited supply of spaces reduces parking spaces for other uses, which adversely affects residents; and WHEREAS, Oversize Vehicles have a large storage capacity which provides for an increased opportunity for vehicle thefts and deterioration of safety, tranquility, aesthetics and other similar values in the City; and WHEREAS, restricting the parking of Oversized Vehicles will mitigate the public safety concerns associated with the parking of Oversize Vehicles; will increase the availability of parking for city residents and visitors; and, will preserve the character of neighborhoods to benefit the health, safety and welfare of City residents; and WHEREAS, the City wishes to restrict Oversized Vehicles on City streets pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, and the City Council has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Santa Ana and its residents; and WHEREAS, the City Council determines that this ordinance is a matter of City- wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, the City Council desires to adopt such restrictions citywide; and WHEREAS, permits for temporary overnight parking of recreational vehicles will be authorized to accommodate city residents who are expecting guests, or who are preparing for or returning from vacations; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referend to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that his ordinance is not subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and because it is not a "project," as that term is defined in Section 15378 of the State CEQA Guidelines; and 11 A-4 2 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 36 (Traffic), Article I (In General), Division 1 (Definitions) of the Santa Ana Municipal Code, is hereby amended to read as follows: A. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-19, which said section reads as follows: Section 36-19 Oversized Vehicle Oversized Vehicle shall mean any vehicle, including any attached trailers, vehicles or loads thereon, that exceeds 22 feet in length or 7 feet in height. To determine the height, width or length of a vehicle defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments allowed by sections 35109, 35110 or 35111 of the Vehicle Code, as the same may be amended from time to time, shall not be included. A. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-20, which said section reads as follows: Section 36-20 Recreational Vehicle Recreational Vehicle shall mean: (a) Any camp trailer, park trailer, camper, trailer coach, or house car, as defined in Vehicle Code section 242, 243, 635 or California Health and Safety Code sections 18010 and 18009.3 or successor statute; or (b) Any boat, dune buggy, all -terrain vehicle ("ATV") or other motorized or towed vehicle designed, maintained, or used primarily for recreational purposes. B. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-21, which said section reads as follows: Section 36-21 Non -motorized vehicle Non -motorized vehicle shall mean any trailer or trailer bus, as defined in Vehicle Code sections 630 and 636, as the same may be amended from time to time. C. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-22, which said section reads as follows: Section 36-22 Park road 11 A-5 Park road shall mean a right-of-way within a public park that is not a publicly dedicated street. D. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-23. which said section reads as follows: Section 36-23 Parking, park or parked Parking, park or parked means to stand or leave standing any unoccupied vehicle, other than temporarily for the purpose of and while actually engaged in loading or unloading passengers or materials. Section 2. That Chapter 36 (Traffic), Article IV (Parking Regulations) of the Santa Ana Municipal Code, is hereby amended to read as follows: A. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-149. which said section reads as follows: Section 36-149 Prohibition of parking of oversized vehicles, non -motorized vehicles, and recreational vehicles Except as provided in section 36-150 or otherwise expressly provided to the contrary herein, or unless such parking or standing is authorized by the City Manager and appropriate signs permitting such parking or standing are posted: (a) It is unlawful for any person to park or leave standing upon any public street, park road, or parking lot, any oversized vehicle, non -motorized vehicle, or recreational vehicle between the hours of 2:00 a.m. and 6:00 a.m. (b) It is unlawful for any person to park or leave standing within 50 feet of any intersection of public streets, a public street and park road, a public street and alley, or a park road and alley, as measured from the prolongation of the curb lines or the edge of the pavement of the cross street or alley, any oversized vehicle, non -motorized vehicle, or recreational vehicle at any time. B. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-150, which said section reads as follows: Section 36-150 Exceptions to prohibition on parking of oversized vehicles, non - motorized vehicles, and recreational vehicles (a) Section 36-149(a) does not apply to any oversized commercial vehicle on a public street while actively engaged in loading or unloading goods, wares, or merchandise from or to any building or structure located on the residential street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or 11 A-6 4 construction of any building or structure upon the residential street for which a building permit has previously been obtained. (b) Section 36-149(a) does not apply to any oversized vehicle on a public street when such oversized vehicle is parked or left standing in connection with, and in aid of, the performance of a service to or on a property in the block in which such oversized vehicle is parked or left standing. (c) Section 36-149(a) does not apply to any vehicle on a public street belonging to federal, state, or local authorities, or a public utility. (d) Section 36-149(a) does not apply to any school bus on a public street involved in the transportation of student, or to any bus on a public street used for the transportation of youths or disabled persons during the course of the activity for which they were transported. (e) Section 36-149(a) does not apply to loading zones. (f) Section 36-149(a) does not apply to any vehicle displaying a valid permit issued pursuant to section 36-153. C. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-151, which said section reads as follows: Section 36-151 Notice (a) The prohibitions and restrictions contained in section 36-149 shall be effective upon the posting of signs providing notice. (b) The City Manager shall post and maintain appropriate signs providing notice of the prohibition contained in section 36-149. D. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-152, which said section reads as follows: Section 36-152 Enforcement remedies Every violation of the provisions of this Chapter shall be deemed to be a misdemeanor and, upon conviction thereof, shall be punishable as provided for in section 1-8 of this Code. Each day any violation of any said provision of this 11 A-7 5 Chapter shall continue shall constitute a separate offense. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Use of criminal enforcement and/or administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this Division. E. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-153, which said section reads as follows: Section 36-153 Permit process for temporary overnight parking on public streets (a) The City Manager has the authority to adopt procedural rules and regulations governing the permit process, and to issue a parking permit for the parking of a recreational vehicle on a public street to any resident of the City or a bona fide guest of such resident, if: (1) A written application is made to the City Manager including the address of the resident; and (2) The appropriate fees as described in section 34-153(g) are paid. (b) The permit shall state the address of the resident and the permit shall only be valid within the same block as the resident's address, on either side of the street. (c) The duration of the permit shall not exceed 24 hours. (d) Permits may be issued, but not exceed, three consecutive 24-hour periods. (e) No more than 72 permits shall be issued relating to any one address in any one calendar year period. (f) Proof of residency and proof of recreational vehicle ownership or recreational vehicle use and control shall be demonstrated in a manner determined by the City Manager. (g) The fee for obtaining a permit shall be established by resolution of the Council based upon the recommendation of the City Manager. A copy of the fee schedule shall be filed in the rate book of City fees and charges on file in the Office of the City Clerk. (h) The recreational vehicle shall not be used for overnight camping, lodging or for accommodation purposes while parked on the public street. Section 3. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or 11 A-8 reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. Section 4. 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 5. 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. ADOPTED this day of 12019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: amara Bogosian Assistant City Attorney /_\'/X.�orouM, 11LaiilTM NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11 A-9 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, 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 , 2019 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 11A-10 EXHIBIT 2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 36 ARTICLE I (IN GENERAL) DIVISION 1 (DEFINITIONS) TO ADD SECTION 36-19 (OVERSIZED VEHICLE); TO ADD SECTION 36-20 (RECREATIONAL VEHICLE); TO ADD SECTION 36- 21 (NON -MOTORIZED VEHICLE); TO ADD SECTION 36-22 (PARK ROAD); TO ADD SECTION 36-23 (PARKING, PARK OR PARKED); AMENDING CHAPTER 36 ARTICLE IV (PARKING REGULATIONS) TO ADD SECTION 36-149 (PROHIBITION OF PARKING OF OVERSIZED VEHICLES, NON -MOTORIZED VEHICLES, AND RECREATIONAL VEHICLES); TO ADD SECTION 36-150 (EXCEPTIONS TO PROHIBTION ON PARKING OF OVERSIZED VEHICLES, NON - MOTORIZED VEHICLES, AND RECREATIONAL VEHICLES); TO ADD SECTION 36-151 (NOTICE); TO ADD SECTION 36-152 (ENFORCEMENT REMEDIES); TO ADD SECTION 36-153 (PERMIT PROCESS FOR TEMPORARY OVERNIGHT PARKING ON PUBLIC STREETS). WHEREAS, in California Vehicle Code Sections 22507 and 22507.5, the Legislature delegated to local governments the authority to regulate vehicular parking within their jurisdictions. In accordance with this authority, the City Council of the City of Santa Ana ("City Council") adopted Article IV (Parking Regulations) of Chapter 36 (Traffic) of the Santa Ana Municipal Code ("Code") to regulate the parking of vehicles in the City of Santa Ana ("City"); and WHEREAS, pursuant to Section 36-145 of the Code, no person shall park and/or leave standing on any street, or portion thereof, in any residential district located within the city any commercial vehicle with a manufacturer's gross vehicle weight rating of ten thousand (10,000) pounds or more for a period of time longer than two (2) hours. Such restriction shall not apply to any commercial vehicle which is making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the residential street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the residential street for which a building permit has previously been obtained; and WHEREAS, some large, oversized and recreational vehicles (collectively, "Oversized Vehicles") may exceed 22 feet in length or 7 feet in height but not meet the definition of vehicles restricted by SAMC Section 36-145; and WHEREAS, the proliferation of Oversized Vehicles parked on public streets raises public safety concerns, including the obstruction of access to rights -of -way, reduced site distance, reduced visibility at intersections, all of which have a detrimental effect on the public health, safety, welfare and quality of life in the City of Santa Ana; and WHEREAS, certain neighborhoods and areas of the City do not have sufficient on or off street space to accommodate the parking of vehicles and the proliferation of Oversized Vehicles parked in the limited supply of spaces reduces parking spaces for other uses, which adversely affects residents; and WHEREAS, Oversize Vehicles have a large storage capacity which provides for an increased opportunity for vehicle thefts and deterioration of safety, tranquility, aesthetics and other similar values in the City; and WHEREAS, restricting the parking of Oversized Vehicles will mitigate the public safety concerns associated with the parking of Oversize Vehicles; will increase the availability of parking for city residents and visitors; and, will preserve the character of neighborhoods to benefit the health, safety and welfare of City residents; and WHEREAS, the City wishes to restrict Oversized Vehicles on City streets pursuant to the City's police power, as granted broadly under Article XI, Section 7 of the California Constitution, and the City Council has the authority to enact and enforce ordinances and regulations for the public peace, morals and welfare of the City of Santa Ana and its residents; and WHEREAS, the City Council determines that this ordinance is a matter of City- wide importance and necessary for the preservation and protection of the public peace, health, safety and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements; and WHEREAS, the City Council desires to adopt such restrictions citywide; and WHEREAS, permits for temporary overnight parking of recreational vehicles will be authorized to accommodate city residents who are expecting guests, or who are preparing for or returning from vacations; and WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.; herein referend to as "CEQA") and the State of California Guidelines for Implementation of the California Environmental Quality Act (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the "State CEQA Guidelines"), the City is the "lead agency" for the preparation and consideration of environmental documents for this ordinance; and WHEREAS, the City Council finds and determines that his ordinance is not subject to CEQA pursuant to Section 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and because it is not a "project," as that term is defined in Section 15378 of the State CEQA Guidelines; and THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. That Chapter 36 (Traffic), Article I (In General), Division 1 (Definitions) of the Santa Ana Municipal Code, is hereby amended to read as follows: A. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-19, which said section reads as follows: Section 36-19 Oversized Vehicle Oversized Vehicle shall mean any vehicle, including any attached trailers, vehicles or loads thereon, that exceeds 22 feet in length or 7 feet in height. To determine the height, width or length of a vehicle defined in this section, any extension to the vehicle caused by mirrors, air conditioners, or similar attachments allowed by sections 35109, 35110 or 35111 of the Vehicle Code, as the same may be amended from time to time, shall not be included. A. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-20, which said section reads as follows: Section 36-20 Recreational Vehicle Recreational Vehicle shall mean: (a) Any camp trailer, park trailer, camper, trailer coach, or house car, as defined in Vehicle Code section 242, 243, 635 or California Health and Safety Code sections 18010 and 18009.3 or successor statute; or (b) Any boat, dune buggy, all -terrain vehicle ("ATV") or other motorized or towed vehicle designed, maintained, or used primarily for recreational purposes. B. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-21, which said section reads as follows: Section 36-21 Non -motorized vehicle Non -motorized vehicle shall mean any trailer or trailer bus, as defined in Vehicle Code sections 630 and 636, as the same may be amended from time to time. C. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-22, which said section reads as follows: Section 36-22 Park road 11A-13 Park road shall mean a right-of-way within a public park that is not a publicly dedicated street. D. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-23. which said section reads as follows: Section 36-23 Parking, park or parked Parking, park or parked means to stand or leave standing any unoccupied vehicle, other than temporarily for the purpose of and while actually engaged in loading or unloading passengers or materials. Section 2. That Chapter 36 (Traffic), Article IV (Parking Regulations) of the Santa Ana Municipal Code, is hereby amended to read as follows: A. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-149. which said section reads as follows: Section 36-149 Prohibition of parking of oversized vehicles, non -motorized vehicles, and recreational vehicles Except as provided in section 36-150 or otherwise expressly provided to the contrary herein, or unless such parking or standing is authorized by the City Manager and appropriate signs permitting such parking or standing are posted: (a) It is unlawful for any person to park or leave standing upon any public street, park road, or parking lot, any oversized vehicle, non -motorized vehicle, or recreational vehicle between the hours of 2:00 a.m. and 6:00 a.m. (b) It is unlawful for any person to park or leave standing within 50 feet of any intersection of public streets, a public street and park road, a public street and alley, or a park road and alley, as measured from the prolongation of the curb lines or the edge of the pavement of the cross street or alley, any oversized vehicle, non -motorized vehicle, or recreational vehicle at any time. B. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-150, which said section reads as follows: Section 36-150 Exceptions to prohibition on parking of oversized vehicles, non - motorized vehicles, and recreational vehicles (a) Section 36-149(a) does not apply to any oversized commercial vehicle on a public street while actively engaged in loading or unloading goods, wares, or merchandise from or to any building or structure located on the residential street, or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the residential street for which a building permit has previously been obtained. (b) Section 36-149(a) does not apply to any oversized vehicle on a public street when such oversized vehicle is parked or left standing in connection with, and in aid of, the performance of a service to or on a property in the block in which such oversized vehicle is parked or left standing. (c) Section 36-149(a) does not apply to any vehicle on a public street belonging to federal, state, or local authorities, or a public utility. (d) Section 36-149(a) does not apply to any school bus on a public street involved in the transportation of student, or to any bus on a public street used for the transportation of youths or disabled persons during the course of the activity for which they were transported. (e) Section 36-149(a) does not apply to loading zones. (f) Section 36-149(a) does not apply to any vehicle displaying a valid permit issued pursuant to section 36-153. C. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-151, which said section reads as follows: Section 36-151 Notice (a) The prohibitions and restrictions contained in section 36-149 shall be effective upon the posting of signs providing notice. (b) The City Manager shall post and maintain appropriate signs providing notice of the prohibition contained in section 36-149. D. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-152, which said section reads as follows: Section 36-152 Enforcement remedies ''hater sha° +, „e c;h;;" c+,+„+e sepaFate offeRse. Alteraativey, *Violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Use of ^rimina' enfornernent anrdle administrative citations shall not prevent or preclude the City from seeking injunctive relief and civil penalties in court for violations of this Division. E. That the Santa Ana Municipal Code, is hereby amended by adding a section, to be numbered 36-153, which said section reads as follows: Section 36-153 Permit process for temporary overnight parking on public streets (a) The City Manager has the authority to adopt procedural rules and regulations governing the permit process, and to issue a parking permit for the parking of a recreational vehicle on a public street to any resident of the City or a bona fide guest of such resident, if: (1) A written application is made to the City Manager including the address of the resident; and (2) The appropriate fees as described in section 34-153(g) are paid. (b) The permit shall state the address of the resident and the permit shall only be valid within the same block as the resident's address, on either side of the street. (c) The duration of the permit shall not exceed 24 hours. (d) Permits may be issued, but not exceed, three consecutive 24-hour periods. (e) No more than 72 permits shall be issued relating to any one address in any one calendar year period. (f) Proof of residency and proof of recreational vehicle ownership or recreational vehicle use and control shall be demonstrated in a manner determined by the City Manager. (g) The fee for obtaining a permit shall be established by resolution of the Council based upon the recommendation of the City Manager. A copy of the fee schedule shall be filed in the rate book of City fees and charges on file in the Office of the City Clerk. (h) The recreational vehicle shall not be used for overnight camping, lodging or for accommodation purposes while parked on the public street. Section 3. The City Council finds that this ordinance is not subject to the California Environmental Quality Act under California Code of regulations, Title 14, Section 15060, subdivision (c)(2), because the activity will not result in a direct or 11A-16 reasonably foreseeable indirect physical change in the environment nor under subdivision (c)(3) because the activity has no potential for resulting in physical change to the environment, directly or indirectly and so is not a project. Section 4. 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 5. 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. ADOPTED this day of 12019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney 11/11WL—�-, By: T a ogosian Assistant City Attorney NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11A-17 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, 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 , 2019 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 11A-18 LS 10.15.19 ORDINANCE NO. NS-2977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-45, 41- 198.200, 41-365, 41-377 AND 41-424 OF CHAPTER 41 (ZONING) OF THE SANTA ANA MUNICIPAL CODE PROHIBITING CYBER CAFES AS A PERMITTED USE CITYWIDE 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 of Santa Ana has witnessed a proliferation of cyber cafe businesses that has resulted in an increased number of public nuisance complaints emanating from such establishments in recent years, involving the following: (1) A documented increase in crime including serious and violent crimes such as loitering, illegal gambling, illegal drug use and sale, burglaries, assaults, fights, theft, robbery, public intoxication, vandalism, property damage, weapons offenses, and other criminal activities in and around cyber cafe establishments, as well as increased pedestrian traffic, noise, parking violations, and other nuisance activities which have resulted in a documented increase and demand for police responses. (2) The City has experienced serious adverse impacts due to the unique manner in which cyber cafe businesses operate the "sweepstakes" games. Customers occupy a computer for hours which results in waiting lines and people congregating or loitering outside the establishment. The long game times and often late night hours have also increased demand for police response regarding noise complaints, criminal activity including fights, drug sales, and adverse gang activity affecting surrounding residential neighborhoods and commercial centers. (3) Crime statistics and calls for service in the City have increased in areas where cyber cafes have been established. The Santa Ana Police Department (SAPD) identified 460 cyber cafe related incidents occurring between January 2018 and September 2018 throughout the City. These incidents include criminal arrests such as possession of firearms, narcotics and stolen vehicles and parole/probation violations. Since January of this year, SAPD has responded to a noticeable increase of calls for service and officer generated activities. 11 B-1 Ordinance No. NS-2977 Page 1 of 7 (4) SAPID has spent a significant amount of resources and time conducting surveillance operations around cyber cafes. It was also found that this type of business primarily attracts clientele involved in criminal activity. Enforcement checks on cyber cafes and of customers entering or leaving such locations often result in drug related arrests, evidence of drug trafficking, illegal gambling and gaming and an influx of individuals on probation, parole, or wanted subjects. There has also been prostitution related activity occurring in nearby parking lots and surrounding areas. B. On October 16, 2018, the City Council adopted Urgency Ordinance No. NS-2956 establishing a forty-five (45) day moratorium on the approval, commencement, establishment, operation, relocation or expansion of cyber cafes. On November 20, 2018, the City Council extended said moratorium (Ordinance No. NS-2961) for an additional ten (10) month and fifteen (15) day period. C. The Planning Division, Code Enforcement Division and Police Department staff have analyzed the City's current regulations and other cities' regulations pertaining to cyber cafes and have determined that in order to protect and preserve the public health, safety and welfare of the City and its residents, prohibiting cyber cafes citywide will mitigate one potential path for engaging in these illegal activities. The proposed ordinance amendment will prohibit the establishment of new cyber cafes in the City. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2019-04 prohibiting cyber cafes. E. The City Council, on October 1, 2019, held a duly noticed public hearing on this ordinance and has considered all testimony presented thereto. F. All provisions of the Santa Ana Municipal Code (SAMC) which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action of decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Section 41-45 (Cyber Cafe) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-45. — Cyber Cafe. Cyber cafe shall mean an establishment whose primary purpose is to provide computers and/or other electronic devices for access to the Internet, e-mail or computer software programs which are networked (via LAN or WAN) or which 11 B-2 Ordinance No. ge 2 of 7 function as a client/server program, and which seeks compensation in any form from users. Cyber cafe is synonymous with PC cafe, internet cafe or cyber centers, but does not include a cyber learning center as defined in Section 41-46 or recreational or entertainment uses as defined in Section 41-142. Section 3. Section 41-198.200 (Cyber Cafes) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-198.200. — Cyber Cafes - Prohibited. For the purpose of preserving public health, safety and general welfare, cyber cafes as defined by Section 41-45 are prohibited within any zone or district in the City. Section 4. Section 41-365 (Uses Permitted in the C1 District) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-365. - Uses permitted in the C1 district. The following uses are permitted in the C1 district: (a) Retail and service uses. (b) Professional, administrative and business offices. (c) Automobile parking lots and parking structures. (d) Automobile sales, but excluding truck, trailer, tractor and boat sales. (e) Churches and accessory church buildings. (f) Mortuaries. (g) Theaters. (h) Hospitals, clinics, and sanitariums. (i) Animal hospitals and veterinaries. (j) Plant nurseries. (k) Gymnasiums. (1) Golf courses, both regulation and miniature, and driving ranges. (m) Public utility structures, including electric distribution and transmission substations. (n) Restaurants, cafes, and eating establishments, other than those specified in Section 41-365.5. 11 B-3 Ordinance No. NS-2977 Page 3 of 7 (o) Schools and studios operated for commercial or public purposes. (p) Childcare facilities. (q) Service stations. (r) Automobile servicing. (s) Tattoo and/or body art establishments, subject to the development and operational standards set forth in Section 41-199.3. Section 5. Section 41-377 (Uses Permitted in the C2 District) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-377. - Uses permitted in the C2 district. The following uses are permitted in the C2 district. (a) All uses which are permitted in the C1 district pursuant to Section 41-365. (b) Automotive garages including body and fender repair, painting, and engine replacement. (c) Blueprinting, photo -engraving, including all types of reproduction processes. (d) Reserved. (e) Equipment rental yards. (f) Metal shops. (g) Tire recapping. (h) Wholesale establishments as follows: (1) Automotive equipment, including parts and supplies for machinery. (2) Drugs, chemicals and allied products excluding explosives and industrial chemicals. (3) Dry goods and apparel. (4) Food products. (5) Farm products. (6) Electrical and plumbing supplies. (7) Office equipment and supplies. 11 B-4 Ordinance No. NS-2977 Page 4 of 7 (i) Truck, trailer, tractor and boat sales. (j) Research institutions and laboratories. (k) Adult entertainment businesses subject to compliance with the requirements of article XVII of this Chapter. Section 6. Section 41-424 (Uses Permitted in the C5 District) of Chapter 41 of the SAMC is hereby amended to read as follows: Sec. 41-424. - Uses permitted in the C5 district. The following uses are permitted in the C5 district: (a) Administrative and professional offices. (b) Retail and service uses. (c) Automobile parking lots, but excluding the sale or storage of automobiles, trucks, trailers, boats, or tractors, whether new or used. (d) Churches, chapels, mortuaries, and theaters. (e) Government buildings. (f) Restaurants and cafes, other than those specified in Section 41-424.5. (g) Schools and studios operated for commercial or public purposes. (h) Child care facilities. (i) The printing, publishing, and circulation of a newspaper, including plant and office. (j) Two-family dwellings not exceeding one (1) unit per three thousand (3,000) square feet of lot area, provided such units front on a secondary or local street. (k) Gymnasiums and health clubs. Section 7. The proposed ordinance has been reviewed with respect to the applicability of the California Environmental Quality Act ("CEQA") and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). The project is exempt from CEQA as it can be seen with certainty that there is no impact on the environment [Section 15061(b)(3)] and a Notice of Exemption (Environmental Review No. 2019-68) will be filed upon adoption of this ordinance. 11 B-5 Ordinance No. NS-2977 Page 5 of 7 Section 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 9. The City Council of the City of Santa Ana hereby adopts an ordinance amending Sections 41-45, 41-198.200, 41-365, 41-377 and 41-424 of Chapter 41 (Zoning) of the Santa Ana Municipal Code prohibiting the establishment of cyber cafes as a permitted use Citywide. This approval was based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for City Council Action dated October 1, 2019, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this day of , 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 11 B-6 Ordinance No. NS-2977 Page 6 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2977 to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2019 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 11 B-7 Ordinance Page 7 of 7 11 B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: APPROVE APPROPRIATION ADJUSTMENTS, AMEND THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM, AND AWARD A CONSTRUCTION CONTRACT TO ALL AMERICAN ASPHALT IN THE AMOUNT OF $1,663,906, FOR THE EDINGER PROTECTED BIKE LANES PROJECT WITH AN ESTIMATED TOTAL COST OF $2,013,960 (PROJECT NO (STRATEGIC F 17-6885) LAN NOS. 6, 1 G} /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1�1��►1�1�1:Iq:1 Approve an appropriation adjustment to spend $89,960 from prior year fund balance in the Water Utility Capital Projects, Water Capital Project expenditure account, to pay for water service relocation work necessitated by this project. Approve an appropriation adjustment of $412,700 in Active Transportation Program grant funding from the Traffic System Management Grant fund and appropriate the same amount to the Active Transportation Program, Improvements Other Than Buildings account as referenced below. 3. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program Edinger Avenue Protected Bike Lanes Project to include additional construction funds in the amount of $89,960. 4. Award a contract to All American Asphalt, the lowest responsible bidder, in accordance with the base bid plus Additive Alternatives 1, 2, 3, and 4, in the amount of $1,663,906, for construction of the Edinger Protected Bike Lanes Project for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 20A-1 Award Contract to All American Asphalt for Edinger Avenue Protected Bike Lanes October 15, 2019 Page 2 5. Approve the Project Cost Analysis for a total estimated construction delivery cost of $2,013,960, which includes $1,663,906 for the construction contract; $261,377 for contract administration, inspection and testing; and an $88,677 project contingency (approximately 5.3% of the construction contract amount). DISCUSSION The City of Santa Ana is developing safer, walkable streets for Santa Ana residents whom are dependent on walking or bicycling for transportation every day. Implementation of these types of improvements are the result of goals established by the City's Active Transportation Plan (ATP) and ultimately increases safe bicycling and walking in the City, enhances non -motorized travel infrastructure, and creates options to support the existing population. The Edinger Avenue Protected Bike Lanes Project is part of the City's ATP implementation and includes a type of improvement called a "Cycletrack" which is an exclusive, separated bike lane or protected bikeway that has elements of both a separated path and an on -road bike lane. Cycletracks are located within or next to a roadway, but is made distinct from both sidewalks and general-purpose roadways using vertical barriers or elevation differences. This project will install approximately 1.7 miles of protected bike lanes along Edinger Avenue from Santa Ana River to Bristol Street (Exhibit 1). The proposed bike lanes will improve bicycle routes to and from schools, parks, trails, local shopping centers, and high -density residential areas. The City secured an Active Transportation Program grant in the amount of $1,924,000, which was included in the approved Fiscal Year 2018-19 Capital Improvement Program. That amount and the $89,960 for the water service relocation work referenced in the recommended action provides the total financing for the project (Exhibit 2). The construction scope of work includes raised concrete medians, asphalt concrete, sidewalks, curbs and gutters, bus pads, driveway approaches, Americans with Disabilities Act (ADA) curb ramp, pedestrian push buttons, traffic signal video detection system and traffic signing and striping. The work will require relocating several water services from private property onto the public right- of-way where they are typically located. Once completed, the improvements will provide safe, fun, convenient, healthy, and environmentally friendly travel for all ages and abilities. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register newspaper on August 30 and September 4, 2019. Bid were received electronically via the City's web -based electronic bidding system, PlanetBids, on September 18, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates and submit bids electronically. 20A-2 Award Contract to All American Asphalt for Edinger Avenue Protected Bike Lanes October 15, 2019 Page 3 Additionally, a total of 838 vendors, including 48 located in the City of Santa Ana, were notified of the project via PlanetBids. Forty-six vendors requested bidding documents and 7 bids were received. No bids were received from Santa Ana contractors. Bid Results Summary BASE BID + RANK BIDDER'S NAME LOCATION BASE BID 4 ADDITIVE ALTERNATIVE S 1 All American Asphalt Corona $1,505,362 $1,663,906 2 Hardy & Harper, Inc. Lake Forest $1,537,000 $1,737,000 3 Aid Builders Inc. Los Alamitos $1,538,129 $1,738,129 4 Excel Paving Co Long Beach $1,648,674 $1,852,674 5 Vido Samarzich, Inc. Rancho Cucamonga $1,678,688 $1,864,688 6 Beador Construction Co. Corona $1,736,700 $1,920,700 Inc. 7 R.J. Noble Company Orange $1,783,805 $1,983,805 All 7 bids were responsive and All American Asphalt submitted the lowest responsive bid (Exhibit 3), in the amount of $1,663,906. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 4) to All American Asphalt in the amount bid. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total cost to deliver the project also requires construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, quality and material testing. As indicated in the Cost Analysis (Exhibit 5) and as summarized in the table below, the estimated total construction delivery cost of the project is $2,013,960. Construction Contract 1 $1,663,906 Construction Administration, Inspection, and Testing $261,377 Contingencies $88,677 ESTIMATED CONSTRUCTION DELIVERY COST $2,013,960 20A-3 Award Contract to All American Asphalt for Edinger Avenue Protected Bike Lanes October 15, 2019 Page 4 Approval of Recommended Action #2 above updates the Fiscal Year 2019-20 Capital Improvement Program 17-6885 Centennial Park Walkway Project approved budget of $1,924,000, to recognize additional Water Utility Capital funds in the amount of $89,960, for an amended CIP project total of $2,013,960. This recommended action enlarges the project budget by 5% to afford necessary improvements above the estimated cost for project delivery. 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 In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2016-114 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 5), the estimated total construction delivery cost of the project is $2,013,960, which includes the construction contract, contract administration, inspection, testing, and project contingency. Approval of the requested appropriation adjustmentwill authorize the expense of $89,960 from the prior year fund balance in the Water Enterprise Acquisition & Construction Fund - Water Utility Capital Projects, Water Capital Project expenditure account (No. 06617647-66301) and the appropriation adjustment of $412,700 from the Traffic System Management Grant fund — Active Transportation Program, Improvements Other Than Building Expenditure account (No. 14817613-66220). These funds will be used to pay for the water service relocation work necessitated by this project. 20A-4 Award Contract to All American Asphalt for Edinger Avenue Protected Bike Lanes October 15, 2019 Page 5 The following table summarizes the funds budgeted to deliver construction of this project: Fiscal Year Accounting Fund Description Accounting Unit, Amount Unit -Account # Account Description CARRYOVER UNSPENT AMOUNTS FROM FY 2018-19 14817613-66220 Traffic System Active Transportation FY 2019-20 (17-6885) Management Grant Program, Improvements $1,511,300 July -June Approved FY 17- (Capital Grants Other Than Building 18 CIP Fund) APPROPRIATION ADJUSTMENTS 14817613-66220 Traffic System Active Transportation FY 2019-20 (17-6885) Management Grant Program, Improvements $412,700 July -June Approved FY 17- (Capital Grants Other Than Building 18 CIP Fund) FY 2019-20 06617647-66301 Acquisition & Water Utility Capital July -June (17-6885) Construction Projects, Water Capital $89,960 (Water Fund) Project Total: $2,013,960 All funds are scheduled for expenditure in Fiscal Year 2019-20. APPROVED AS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA Executive Director Executive Director Public Works Agency Finance and Management Services Agency ixxyrcynr. Exhibits: 1. Location Map 2. Amended FY 2019-20 CIP Project Sheet 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 20A-5 LEGEND -PROJECT LOCATION SANTA ANA Project No. 17-6885: PW1 Edinger Avenue Protected Bike Lanes From Santa Ana River to Bristol Street ATPL-5063(172) PUBLIC WORKS AGENCY EXHIBIT LU LU a2 O2 LU \b LL\ k/ \k §§ �■ e/ \ ) co co }\ 0 §!\S§) [}{5|& e-x [ ($ § \} §jz §)/ (L CL k \ ) ) }�� } k S k ( ) ) k k 2 } \ \ �\ E� CL o _UI . ,_ ! \` IS LIDAJ Appro edlm9oePQect Sheet qz eProposed 1g2zooPAm g_a e0 f/ §2 k§ �e \§ Bo (a e% ) in 7 0 \ ®) - °2!\ ) ) j z ! \\ \ ) � \ \\ ) \\ � \ ) \ ( d � ! d d � ! \ ( � ! k d � ! § § - �&� !&; CO k \ k ( § f ) \ / ) (L » « | \ / / City of Santa Ana Page 1 Edinger Protected Bike Lanes from Santa Ana River to Bristol St. ATPL 5063(172) (17-6885), bidding on September 18, Printed 09/23/2019 EXHIBIT 3 Bid Results Bidder Details Vendor Name All American Asphalt Address 400 E. Sixth Street Corona, CA 92879 United States Respondee Augustine De Los Reyes Respondee Title Project Manager Phone 951-736-7600 Ext. 265 Email augustine.delosreyes@allamericanasphalt.com Vendor Type CADIR License # 267073 CA DIR Bid Detail Bid Format Electronic Submitted September 18, 2019 1:56:18 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 189929 Ranking 0 Respondee Comment Buyer Comment Attachments File Title PROPOSAL OWNERSHIP AFFIDAVIT BID BOND NONCOLLUSION AFFIDAVIT Line Items Type Item Code Base Bid Proposal 1 Unclassified Excavation* 2 AC Pavement* File Name File Type 1-BID PROPSAL.pdf General Forms SANTAANA BID -OWNERSHIP AFFID--- 9-17-19.pdf Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition SANTAANA BID BOND--9-17-19.pdf Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal in Addition SANTAANA BID--NON-COLLUSION AFFID--- 9-17-19.pdf Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition u0M City Unit Price Line Total Comment CY 2950 $89.83 $264,998.50 TN 1490 $93,00 $138,570.00 '~ • City of Santa Ana Page 2 Edinger Protected Bike Lanes from Santa Ana River to Bristol St. ATPL 5063(172) (17-6885), bidding on September 18, Printed 09123/2019 Bid Results Type Item Code uoM City Unit Price Line Total Comment 3 Cold Mill (2")* SF 110100 $0.46 $50,646.00 4 Raised Concrete Median (including Dowels) CY 160 $781.00 $124,960.00 5 Asphalt Rubber Hot Mix* TN 1700 $114.11 $193,987.00 6 PCC Sidewalk (4") SF 11600 $5.57 $64,612.00 7 PCC Driveway Approach (Residential = 6") SF 2500 $12.03 $30,075.00 8 PCC Curb Ramp SF 700 $5.62 $3,934.00 9 Variable PCC Curb and Gutter (Type A-2-8) LF 1500 $25.29 $37,935.00 10 Concrete Bus Pad SF 6100 $14.04 $85,644.00 11 Adjust Manhold Frame and Coverto Finished Grade EA 11 $949.00 $10,439.00 - 12 Furnish and Install Water Valve Frame and Cover to Finished Grade EA 29 $579.00 $16,791.00 13 Relocate 1" Domestic Water Service EA 15 $4,613.00 $69,195.00 14 Adjust Pull box to Finished Grade EA 2 $627.25 $1,054.50 15 Furnish and Install Type E Traffic Loop Detector* EA 174 $237.00 $41,238.00 16 Furnish and Install Type D Traffic Loop Detector* EA 78 $258.00 $20,124.00 17 Furnish and Install Ty[e Q Traffic Loop Detector* EA 15 $305.80 $4,587.00 18 Adjusting Pedestrian Push Button Assembly EA 2 $263.00 $526.00 P20 —I 1 0 City of Santa Ana Page 3 Edinger Protected Bike Lanes from Santa Ana River to Bristol St. ATPL 5063(172) (17-6885), bidding on September 18, Printed 09/23/2019 Bid Results Type Item Code uoM Qty unit Price Line Total Comment 19 2" PVC Conduit LF 60 $84.00 $5,040.00 20 Detector Lead-in Cable* LF 2500 $1.58 $3,950.00 21 Project Advertisement Sign EA 1 $1,159.00 $1,159.00 22 Signing and Striping LS 1 $325,897.00 $325,897.00 23 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $1,505,362.00 Add Alternative One 24 Install Video Detection System at Mohawk Dr. & Edinger Ave. LS 1 $39,636.00 $39,636.00 Subtotal $39,636.00 Add Alternative Two 25 Install Video Detection System at Fairview St. & Edinger Ave. LS 1 $39,636,00 $39,636.00 Subtotal $39,636.00 Add Alternative Three 26 Install Video Detection System at Center St. & Edinger Ave. LS 1 $39,636.00 $39,636.00 Subtotal $30,636.00 Add Alternative Four 27 Install Video Detection System at Raitt St. & Edinger Ave. LS 1 $39,636.00 $39,636.00 Subtotal $39,636.00 Base Bid Asterisk Notes per P-4 of Specifications - NOT part of Base Bid Calculation 28 * = 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 Specifcations. an 0 0 0 29 t = This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. ea 0 0 0 Subtotal 0 Total $1,663,906.00 "Ntx , ITi CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) BID PROPOSAL TO: CITY COUNCIL OF THE yyCITY ��OO�FSANTA /ANNA �J�� _ FROM: � a GIvLC�tN AP�r REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount l Unclassified Excavation* 2.950 CY $ 83 $ZtiYr�4• 2 AC Pavement* 1,490 TN $ 9?� $ Ili$ S?0 r 3 Cold Mill (2")* 110,100 SI $ 4-6 $ 4 Raised Concrete Median(including 160 CY S `Ire(.00 $ l 5 Asphalt Rubber Hot Mix* 1,700 TN $ (� (� $ 6 PCC Sidewalk (4") 11,600 SF $ r 7 PCC Driveway Approach (Residential = 6 2,500 SF $ ii . 03 8 PCC Curb Ramp 700 SF $ Z $ 31. J2 0 9 2Va8riable PCC Curb and Gutter (Type A- 1,500 LF $ $37tQ3� o 10 Concrete Bus Pad 6,100 SF $ IL`, 014 $ ft$'1 `t(trj 11 Adjust Manhole Frame and Cover to Finished Grade 11 EA $ QuqOff rb] 7 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) Item Description Qty Uoit Unit Price AM-Ount 12 Furnish and Install Water Valve Frame and Cover to Finished Grade 29 F.A $�rl� 00 $ ((r 1 0 13 Relocate 1" Domestic Water Service 15 EA $ L(W3_00 $ 4(qS, 14 Adjust Pull box to Finished Grade 2 EA S Sg•7, -,S $ 1105 • S 15 Furnish and Install Type E Traffic Loop Detector* 174 EA $ Z37.00 $ / �• 16 Furnish and Install Type D Traffic Loop Detector 78 EA $ 2S4.00 $ 201 IL(0 9 17 Furnish and Install Type Q Traffic I coop Detector* 15 EA $�� 18 Adjusting Pedestrian Push Button Assembly 2 1A $ u3. OD 14;A�. fro 19 2"PVC Conduit 60 LF $ $ 20 Detector Lead -In Cable* 2500 LF $ 21 Project Advertisement Sign I F.A $ 22 Signing and Striping 1 LS S3�5t %17 • $; 2s`y97• 23 Labor Agreement Oversight 1 LS $ 10;000 $ 10,000 TOTAL BASE BID $ ADD ALTERNATIVE ONE 24 1 Install Video Detection System at Mohawk Dr. & F,dinger Ave. l LS $ / TOTAL ADD ALTERNATIVE ONE N )v 0 P-2 of P-18 20A-13 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) Item Description Qty Unit Unit Price Amount TOTAL BASE BID + ADD ALTERNATIVE ONE $ 11544/ Q I f OO ADD ALTERNATIVE TWO 25 Install Video Detection System at Fairview St. & Edinger Ave.636- 1 LS $ $ TOTAL ADD ALTERNATIVE TWO $ TOTAL BASE BID + ADD ALTERNATIVE TWO $ it ADD ALTERNATIVE THREE 26 Install Video Detection System at Center St. & Edinger Ave. 1 LS $ p 3 `��►'i• $ 34 �p, TOTAL ADD ALTERNATIVE THREE $ 3RI 636, ob TOTAL BASE BID + ADD ALTERNATIVE THREE ADD ALTERNATIVE FOUR 27 Install Video Detection System at Railt St. & Edinger Ave. 1 LS $ (r TOTAL ADD ALTERNATIVE FOUR $ 34167�0�� TOTAL BASE BID + ADD ALTERNATIVE FOUR $ �i s7 7 7f -I 6 TOTAL BASE BID + ADD ALTERNATIVE ONE + ADD ALTERNATIVE TWO + ADD ALTERNATIVE THREE + ADD ALTERNATIVE FOUR $ M1 11-3 of P-18 20A-14 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) The lowest responsible bidder shall be selected based on the Total Base Bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications, TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 150 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 $1,560 percalendarday. / /� n[� Name of Firm 4-6 A*a- (-1) V T/ PyACT— Signature of BIDDER Title (If an individual, so state. If a firm or co -panne ship, state the firm name Ind 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.) A- elwu do, ULc c CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty �offpperjury that the foregoin�g/ iis, true and correct. � Name of Firm . !d. L.CI � �17'�l f — (�� 1" * Signature of BIDDER Title VL (If an individual, so state. If a firm or co-partnersh' , state the firm name and fve 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-5 of P-18 20A-16 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) 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: AU " eu(_* J//�� /� - ,, n /� Q p Business Address: P.O. L4 ZZ^Z_"I — �1l�R s-r�/-f L 20 Business E-Mail Address: Telephone: State Contractor's License No. and Class: *4 24 767 3 C- 1 L License Expiration Date: - 31 Zin State Dept. of Industrial Relations (DIR) Registration No.: I DOOM 18 S / State Dept. of Industrial Relations (DIR) Registration Expiration Date: � - 30 -ZO Signed: Title: 713/2019 Registrations Iron Worker Laborer Landscape Marble Mason/Finisher Operating Engineer Painter ..,i Parking/Highway/Improvement Plasterer/Tender 7 Plumber Roofing Sheet Metal Worker Stator Rewinder Teamster i Terrazzo Worker/Finisher Tile Setter/Finisher Water Well Driller APPIY Registrations Search Results: 1 found Print PDF 9 Export.t. ALL AMERICAN ASPHALT Detail Registration 1000001051 Number Status: Active CSLB Number: 267073 Legal Entity Type: Corporation Mailing Address: PO BOX 2229 CORONA CA 92878 County: Riverside Craft: Parking/Highway/Improvement Email: publicworks@allamericanasphalt.com Showing Page 1 of 1 1 Previous Next Add all to my list My List (0)— View Details t Add to My List Registration History Effective Date Expiration Date 711/2019 6/30/2020 5/11/2018 5/812017 5/2/2016 6/9/2015 8/25/2014 6/30/2019 6/3012018 6/30/2017 6130/2016 6/30/2015 https:]/c dir.secure.farce.comlContmctorSearch?inputSearch=I00020tw _1 8 213 7/3/2019 Registrations About DIR Work with Us Learn More Who we are Jobs at DIR Acceso al idioma (https://www.dir.ca.gov/abo( itio.iftWt vw.dir.ca.gov/dirjcM&jdVieba4--Am�a.gov//Bilingual- Services- DIR Divisions, Boards Licensing, Act/default.html) & Commissions registrations, (https://www.dir.Ga.gov/divisioriificatidnpr&goarnsiNtml) Frequently Asked Contact DIR (https://www.dir.ca.govtperr0t&stions (https://www.dir.ca.gov/Contaecps tmlll (https://www.dir.ca.gov/fagslist.htmi) certi ica�ionS.html) Site Map Required Notifications (https://www.dir.ca.gov/sitemap/sitemar (https://www.dir.ca.gov/dosh/Required- Notifications.html) Public Records Requests (https://www.dir.ca.gov/pra_request.html) Back to Top Conditions of Use (https://www.dir.ca.gov/od_pub/conditions.html) Disclaimer (https://www.dir.ca.gov/od_pub/disclaimer.htm]) Privacy Policy (https://www.dir.ca.gov/od_pub/privaGy.html) Accessibility (https://www.dir.ca.gov/od_pub/accessibility.htmi) Site Help (https://www.dir.ca.gov/od_pub/help.htmi) Contact Us (https://www.dir.ca.gov/ContactUs.htmi) (https://www.facebook.com/CaliforniaDlR) (https-.//twitter.com/#!/CA—DIR) u (http://www.youtube.com/CaliforniaDlR) Copyright © 2019 State of California https://cadicsecure.force.com/Contractor5earch?input5ea rch=10000ZUA-1 9 313 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. �� A Name of Firm �l-(� /�YAU f! ! 11�") d�t'S P 7!T�F( T- Signature of BIDDER Title M IGC�'1 (if an individual, so CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA IA( �.1T a rN'�'� , being duly sworn, deposes and says: ❑ INDIVIDUAL That he/she is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member of the cc -partnership firm designated as: and who has been and is duly vested with the authority to make and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. oo' RPORATION ��\\ That he is of A" *Aasmmy AS /1'iN'C/( a corporation which is making theforegoingproposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such- a bid is genuine and not collusive or sham, and has not in any manner sought by colluslonto secure any advantage against the City of Santa Ana or any person interested in the proposed "contract, for himself or any other person. Signature of Bidder wfm t Subscribed and sworn to before me this Signature of officer (Notary Public) P-8 of P-18 20A-21 CALIFORNIA JURAT GOV CODE § 8202 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 Califomia County of Riverside B. ROysTER Notary Public - California Riverside County Commission # 2260352 My Comm. Expires Oct 26, 2022 Plaoe 11 bry Sad Above Subscribed and sworn to (or affirmed) before me on this 171 day of September . 2019, Date Month By (1) Michael Farkas Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) me of Signer Proved to a on the basis of satisfactory evidence be the person who appeared before me.) Signature —/J. Yt Ct SignatUre of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Ownership Affidavit Document Date: 9-17-19 Number of Pages: 1 Signer(s) Other Than Named Above: Top of thumb here Top of thumb here 20A-22 Bond No.08597423 Bid Date: 09/18/2019 CITY OF SANTA ANA PROPOSAL PROJECTNO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) KNOW ALL PRESENT that. All American Asphalt as BIDDER, and Fidelity and Deposit Company of Maryland as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ Ten Percent (10%) of Total Amount Bid 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 13th day of September , 20 19, BIDDER" All Americ CA 92879 - Phone (951) 736-7600 SURETY* Fidelity and Deposit Company of Maryland - 777 S. Figueroa Street Suite 3900 Los Angeles CA 90017 David Wei (213) 270-0600 Rebecca Haas -Bates, Aftomey-in-Fact Subscribed and sworn to before me "Please See Attached- this _day'iif- .- ,20 Signature: Notary Public in and for the County of State of - - Provide BIDDER/ SURETY name, address, and telephone number and the nume. title. address, and telephone number of authorized representative. P-9 of P-19 20A-23 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT 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. accuracv. or validity of that document. State of California County of Riverside On September 17, 2019 before me, B. Rooster, Notary Public Data Here Insert name and Tkle of the ORoar personally appeared Michael Farkas Nameilill'•f Signedir' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument 'OYSTER and acknowledged to me that he/shekhey executed the same in NotaryPublic-California his/heAtheir authorized capacity(ies), and that by his/herltheir Riverside County - Commission N 2260signature(&) on the instrument the person(s), or the entity upon behalf 352 My Comm. Expires Oct M, 2022 of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. WITNESS hand official seal Signature "6 , Place Notary Seal Above Siifilkure of Notary Publlc OPTIONAL Though the information below is not required by law, it may prove valuable to person 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 Bid Bond —Bid Bond — City Santa Ana Ana Document Date: September 13, 2019 Number of Pages: 3 Signer(s) Other Than Named Above: Rebecca Haas -Bates, Attorney -in -Fact Capacity(te&) Claimed by Signer(&) Signer's Name: Michael Farkas ❑ Individual X Corporate Officer —Title(&): Corp. Secretary ❑ Partner IJ D Limited o General Attorney in Fact ❑ Trustee ❑ Other: Signer is Representing: Top of thumb here Signers Name: ❑ Individual ❑ Corporate Officer — ❑ Partner I i o Limited ❑ Attorney in Fa ❑ Trustee ❑ Other: / Signer is Representing: 20A-24 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § • a 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 Orange ) On 09/13/2019 before me, Liliana Gomez, Notary Public Date Here Insert Name and Title of the Officer personally appeared Rebecca Haas -Bates Nami Signerrsl who proved to me on the basis of satisfactory evidence to be the person* whose names} is/are subscribed to the within instrument and acknowledged to me that Wshelthay executed the same in hislherRfiair authorized capacity(i*, and that by hi¢(her/their signature4on the instrument the person(*,, or the entity upon behalf of which the person(s). acted, executed the instrument. ,4 LILIANA GOMEZ r Notary Public California 'a• Orange County `- Commissian N 2243326 My Comm. Expires May 20, 2022 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official Iseal. Signature �V Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: 09/13/2019 Number of Pages: One(1) Signer(s) Other Than Named Above: All American Asphalt Capacity(ies) Claimed by Signer(s) Signer's Name: Rebecca Haas -Bates ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual Q Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Fidelity and Deposit Company of Maryland Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: „<c.,a ,.,h.�a.z •s.c� dam . .t 20A-25 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V. Section 8, Attorneys-iu-Fact. the Chief Executive Officer, the President, cram I:xcwti%e A'ice President of Vice President nuo, by \%Allen In5trLllllellt Undelthe attested colpo1'alc seal, appoint w11h arllhnrll\' to execute hollds, policies. Ie coenizances, Stipulations, undenakings, or other like instruments on behalf of the Company, and nlay authorize alb oftim or anv such attorney-m-fact to affix the corporate seal thoreto; and may with or lvilhout cause Inodifl' of rcFoke any Such appointment or authority at any time." CERTIFICATE I, the undersigned, Sccretary of the 7.URICII ,AMFRIC AN INSIIRANCF. COMPANY. the COLONIAI- AMISRICAN CASITAI TY AND Sr RI-TY CONIP.ANY, and the FIDF.LFI"Y AND DEPOSTI' COMPANY OF MARYLAND, do hereby certifc than the lurecoine Poker of .Altornc,' is still in full force and effect on the date of this certificate: and 1 do fw'ther certifc that Article V. Section K. of the Rc- I.aws of the Companies is still in force. This Paler of Attorney and Cortilieale mar be signed br facsimile under and by authorit% of the follo,l'ing resolution of the Board of Directors of the 7URIC11 AMLIZICAN INS[ R.ANC IL COMPANY at a meeting duly called and held on the ISth da%of December 199S. RI SOLV FD: "Illat the signature of the President or a Vice President and the attesting signature of a SecmtarN' or an Assistant Secretary and the Seal of the Compam' nlay be affixed br facsimile nn any Polcer of tAttorney-_Any such Ilotrer or an% certificate thereof bearing such facsimile SiallaLtll'C and seal shall be valid and binding on the Company." 'this Porvnr or Altonle} and C-ertilicote may be signed by facsimile under and b}. authority of the li lkmina resolution of the Board of Directors of the COLONIAL AMI-:RIC'AN CAM iAL rY AND St'RBIY COMPANY at a meeting duly called and held on the 51h d:w at ,Map, 1994, and the following resolution of the Board of Directors of the FiDI-111 Y AND DEPOSIT COMPANY' OF MARYLAND at a nteefirm (fill%called and helot on the I01h dar of Mar, 1990. RGSOLV l:l) "That the facsimile or Inechaniealk reproduced seal of the companI and facsimile or mechanicalh reproduced signature of anv Vice -President, Sccretarv- or Assistant Secrelarc of the C'ompan}'. whether made hcretolore or hereafter, whetc%ei appearing upon It certified cop) of an; power of almmc% issued b% the Company, shall be slid and binding upon the Company kith the same force and eflict as though manuolb. 91'lixed. IN -I I SIINIONY WI IFRROF, 1 have hereumo subscribed my name and affixed the corporate seals at the said Companies, d is ,:9} car of September 2019 w " i %tms �BEAL fR Bc: Brian M. 1lodges \'ice President 'TO REPORT A CLAIM WITH RECARD'TO A SURETY BONA, PLEASE SUMMIT A COMPLETL; DESCRIPTION OP THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT' IN FORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaunl6ure,11.00196-1056 w wm . reports Ic Lai ms(i zurichna.conl 800-626-4577 20A-26 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"). by Robert D. Murray, Vice President, in pursuance of authority granted by Article V. Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint William SYRKIN, Rebecca HAAS-BATES, Sergio D. BECHARA and Richard ADAIR, all of Irvine, California, EACH, its tore and lawfitl agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this I 1 th day of June, A.D. 2019. ir�C� nhw /�¢ • gO - � ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND BY Roberr D. Murrav Vice President BP: Dawn F_. Brown Secretary State of Maryland County of Baltimore On this I I th day of June, A.D. 2019, before the subscriber, a Notary Public of the Stale of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Down E. Brown, Secretary of the Companies, tome personally known to be the individuals and olficcrs describW in and who executed the prceding instrument, and acknowledged the execution ofsame, and being by me duly sworn, depuseth and saith, that he'she is the said ultiicer of the Company aforesaid, and that the seals affixed it, the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF. 1 have hereunto set my hand and affixed my Ullicial Seal the day and ,year first above wrillen. ,,o q" n, ni,y q / 4iv: Constance A. Dunn. Notary Public My Commission Expires: July 9, 2023 20A-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %n% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %s% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name L' C l 2uavah ' i License #/Exp. ' LS T 2.3 1 DIR Reg. #/Exp. 1 oecoo? 1 L(0 Location U"AA- Phone 9 e?-Liyet — qLbo Type Of Work s U Pam/ Amount$ 60 Name License #/Exp. DIR Reg. #/Exp. License # 7 / Location 1 C.O k V e-L Phone S%y — Type Of Work Amount $ Name o, License #/Exp. gP187 DIR Reg. #/Exp. My) (10151 License # g776Q� Location 6 IL19 p6 Phone 7/tk — 97f — 117 C Type Of Work Sv-u P/k) Amount $ f Z53. ii 7 F, Z Signature of Bidder k Name License DIR Rel Locatioi Phone Type Of Amount Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) 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. 2. 3. (TU Na'e and Address 9t O mer. wwE kos-4s(-337.-10 Name and Telephone lumber of person familiar with project. Contract Amount . Type of Work Telephone Number of Tvne of Work and Telephone Number of person familiar with t Zk 77-i_!2 ao C0:::;7-`a)U Type of Work (0 -2,6kr Date Completed lZ -Z61(0 Date Completed idF�I 7 he following are the names, addresses, and telephone numbers of all brokers and sureties from ` whom BIDD intends to procure insurance and bonds. 7-13 — 7-10-0600 �s(a �tDEUI'� Paso Co.al�lCa-r.� 17u. 7 S F(bEl M- SF. -a"k 3100 - LoS DES ( CA- 4eo1-7 i-kt u-EUutu g ee+e.8 elJ..l Cfis SS3oTL415vro"-SR.VtNEl C^ YX(iZo GDG9WonA P"MUCI 5, 11,s_ Crt 1 M I - t{ I l - 413� 19 0m I�A�i�k TN t�.le �1VQ -9 Ff ool� -S� (b� 6I G4- (P.AS 0-0 �aAt 21� CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PRO"I ECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years._ 2 3. 0 QIW&LbbA4-Q- and Address o Owner. (mac buf� cr and Teleph ne Number of person familiar with p odect.� ct Amount Type of Work d IN be N rr 01 bUJC- Name and AddressuZw f owner. 9-�-�ttEo� eJ - 3 (o - 349 -24 TS o amc and Telephone Number of person familiar with project. ► z. s79,o�x�. 5`�z 1440-oV Contract Am unt Type of Work S-zoi(o Date Completed C4 Date Completed L— !( VW. MMU W —T Nape a d Addr ss of owner. KinflM JwA-Y- - Name and Telephone Number of person familiar with project. I c 1, fJa Srke?9r --PkPPb/ Il -zw q Co tract 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. 2 (3 — b? 0-6 G 00 Y�r a "U rt ( * 100SCT Co. Of: 1-4" .h4,A »x S- Frsu�� sf.-St�.c'rE 39 lay A-uG8i.E5. C+4 9oni� LL"uiu-m e,00. SOcumaws fig-SS9-/Sao 0146E � 3o rie abUdo - Xtvr ue, CiRe 7 a s o ' 1 10M tA*4-AWHtAk RJ Vb - lot rfact -TAXI ► eri G4 I'S" Ce b'A P316 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of C County of Subscribed and sworn to (or affirmed) before proved to ;u0 person(s) who appeared before me �� Notary Public / day of , 20� by of satisfactory evidence to be the Notary Public Seal 1f I dA31 CALIFORNIA JURAT GOV CODE § 8202 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 Riverside U. ROYSTER Notary Public - California v Riverside County Commission M 2260352 My Comm. Expires Oct 26, 2022 Subscribed and sworn to (or affirmed) before me on this 17th day of September . 2019 Date Month By (1) Michael Farkas Name of Signer Proved to me on the basis of satisfactory evidence be the person who appeared before me (.) (,) (and (2) / acme of Signer Proved eon the basis of satisfactory evidence b person who appeared before me.) 44��Signature Place Notary Seal Above Signatuiy of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to person relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description of Any Attached Document Title or Type of Document Non -Collusion Affidavit Document Date: 9-17-19 Number of Pages: 1 Signer(s) Other Than Named Above: Top of thumb here Top of thumb here 20A-32 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) 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 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 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. LdAfP-I CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 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 works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: S eyrr n , zo i CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) 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: 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. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: Title: Firm: Date: SOP7-. 1-71 Zo(9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: Title: Firm: Date: SOT, 1712619 p 17Af P319 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL ST. ATPL-5063(172) PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation'? Yes No , If the answer is yes, explain the circumstances in the following space. P-18 of P-18 20A-37 EXHIBIT 4 PROJECT 17-6885 EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL STREET [ATPL-5063(172)] This CONSTRUCTION CONTRACT is made and entered into this 15t' day of October, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and All American Asphalt (hereinafter "CONTRACTOR"). WH`NESSETH: 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 Edinger Protected Bike Lanes from Santa Ana River to Bristol Street 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 • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CHY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Six Hundred Sixty-three Thousand Nine Hundred Six Dollars and No Cents ($1,663,906.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." 20A-38 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. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pd 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 20A-39 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 791. T.y J FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: All American Asphalt NAME: T. SaJ� V.C. TITLE: 20A-40 PaL'r (" . COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 17-6885: EDINGER PROTECTED BIKE LANES FROM SANTA ANA RIVER TO BRISTOL STREET [ATPL-5063(172)] Construction Contract $ 1,663,906 Contract Administration $ 120,377 Inspection and Testing $ 141,000 Contingencies $ 88,677 TOTAL ESTIMATED CONSTRUCTION COSTS $ 2,013,960 EXHIBIT 5 20A-41 20A-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: APPROVE THE NON-PROFIT COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION PROCESS FOR FISCAL YEARS 2020 - 2022 {STRATEGIC PLAN NO. 5, 11 /s/ Kristine CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2" ° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the non-profit Community Development Block Grant application and scoring criteria for Fiscal Years 2020 — 2022.1 COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION MEETING At its regular meeting on September 25, 2019, by a vote of 6:0 the Community Redevelopment and Housing Commission recommended that the City Council approve the nonprofit Community Development Block Grant application and scoring criteria for Fiscal Years 2020 - 2022. DISCUSSION As an entitlement jurisdiction the City receives an annual allocation of Community Development Block Grant (CDBG) funds from the United States Department of Housing and Urban Development (HUD) to improve low to moderate -income neighborhoods, eliminate blight and encourage economic development. These funds have been used for a diverse range of programs as outlined in the City's Strategic Plan, including affordable housing, street improvements, park and public facilities improvements, small business start-up grants, code enforcement and public services. The City may use a maximum of 15% of each annual allocation to fund public service programs provided by non-profit organizations. At the March 7, 2019 Community Redevelopment and Housing Commission (CRHC) meeting, Commissioners made CDBG funding recommendations for Fiscal Year 2019 - 2020 and directed staff to create an Ad Hoc Committee to review and revise the next non-profit CDBG application and create a corresponding scoring criteria matrix for future CDBG fiscal years. At the August 20, 2019 CRHC meeting, Commissioners formed a voluntary Ad Hoc Committee comprised of three Commissioners (Urzua, Perez, and Garcia) and two staff members. The Ad Hoc Committee met 21 A-1 Non-profit CDBG Application Process for FY 2020 - 2022 October 15, 2019 Page 2 on August 26, 2019 and September 3, 2019 to review and revise the non-profit CDBG application and to create a scoring criteria matrix. Additionally, the Ad Hoc Committee recommended the following three actions: 1. Approval of a two-year non-profit CDBG application. Funding for the two-year non-profit CDBG application will align with the recently passed Bipartisan Budget Act of 2019, which established a budget for non -defense domestic spending levels for the next two years. 2. Approval to have the Ad Hoc Committee review and score the non-profit CDBG applications on behalf of the Commission and make funding recommendations to the entire Commission which will then be recommended by the Commission to City Council. 3. Directed staff to facilitate a study session of the City's funding priorities and strategic plan goals after the Five -Year Consolidated Plan is completed. The City's CDBG allocation for Fiscal Year (FY) 2020 - 2021 and 2021 - 2022 is estimated to be $5,701,154 each year, assuming the City receives the same allocation as FY 2019 - 2020. The City must use a maximum of fifteen percent of this allocation or $855,173 each year for public service programs provided by non-profit organizations. Following the approval by City Council, on November 4, 2019 staff will release the application for non -profits to apply for the estimated $1,710,346 in non-profit CDBG funding for a two-year period from FY 2020 — 2022. This amount includes $855,173 in CDBG funding for FY 2020 - 2021 and $855,173 for FY 2021 - 2022. This amount is subject to adjustment based upon the actual CDBG allocation from HUD following the approval of the federal budget. Funding will be available for experienced non-profit organizations for the provision of public services for the following priorities: 1) Crime prevention, intervention, and/or suppression efforts for children, youth and/or families; 2) Economic development; 3) Tenant Services; or 4) A Summer Night Lights Program. Proposed programs are required to meet the national objective of an activity that provides a benefit to low and moderate -income persons and align with the City's Strategic Plan. Non-profit organizations will have the option of submitting a joint application with other non-profit organizations to encourage collaboration and non -duplication of public services in our community. Organizations will be able to apply for a minimum of $60,000 and a maximum of $150,000 per program for the two-year period. Organizations that submit a joint application may request a maximum of $300,000. Applications will be made available online through a grant management application accessible through the City's website. The grant management application allows for online application submission, rating, and reporting. Staff will be available to assist non -profits with technical support throughout the application process. 21 A-2 Non-profit CDBG Application Process for FY 2020 - 2022 October 15, 2019 Page 3 The review of applications and recommendations for funding will be performed by the three CRHC Ad Hoc Committee members and one staff representative from the Community Development Agency (CDA). The recommendations from the Ad Hoc Committee will first go to the CRHC for review and approval. The CRHC will then recommend the nonprofit funding to City Council for final review and approval. The following is the timeline for this year's nonprofit CDBG application process: Dates Actions November 4, 2019 Applications released to non-profit organizations for FY 2020 - 2022 December 16, 2019 Applications due by 5:00 PM December 16, 2019 through Community Redevelopment & Housing Commission Ad Hoc Committee and January 17, 2020 one CDA staff rep review and score applications January 7, 2020 CRHC Public Hearings to hear presentations from non-profit CDBG applicants and January 9, 2020 held from 3:OOPM - 7:OOPM January 10, 2020 CRHC Ad Hoc Committee meeting to deliberate and finalize scores January 28, 2020 CRHC Meeting: Ad Hoc Committee funding recommendations reviewed and recommended for approval to City Council February 18, 2020 City Council Public Hearing for CDBG Program funding approval Non-profit outreach efforts will include a Nixle press release, a post on the City's Facebook and Instagram pages, a -mails to an internal non-profit e-mail distribution list, an e-mail to non -profits on the City's business license list, and a dedicated CDBG webpage at www.santa-ana.org/cdbq with information on the non-profit CDBG application process. The revised non-profit Community Development Block Grant application and scoring criteria for FY 2020 — 2022 is attached to this staff report as Exhibit 1 for review by the Council. 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 There is no fiscal impact associated with this action. Steven A. Mendoza Executive Director Community Development Agency Exhibit: 1. Draft Non-profit Community Development Block Grant Application FY 2020-2022 21 A-3 Application City of Santa Ana- CDBG City of Santa Ana Nonprofit Application Fiscal Year 2020-2022 Community Development Block Grant City of Santa Ana- CDBG DESCRIPTION OF COMMUNITY DEVELOPMENT BLOCK GRANT • Minimum Amount of Funding Available Per Program: $60,000 • Maximum Amount of Funding Available -Per Program: $150,000 • Organizations that submit a joint application may request a maximum of $300,000 Per Program The U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program is a flexible program that provides communities with resources to address a wide range of unique community development needs. The program provides annual grants on a formula basis to entitlement cities and counties to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low- and moderate -income persons. Available Funding and Priorities Funding will be available for 2 years to experienced nonprofit organizations for the provision of public services for the following priorities: 1. Crime prevention, intervention, and/or suppression efforts for children, youth and/or families; 2. Economic development; 3. Tenant services; or 4. A Summer Night Lights Program. Programs will be funded from July 1, 2020 through June 30, 2022. Organization Requirement Nonprofit organizations must be in good standing and have no outstanding monitoring findings prior to a 2020-2022 CDBG award. All nonprofit applicants must be able to document 501(c)(3) status. Applicants whose status is pending at the time of application will not be considered for funding. City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 21 A-4 Application City of Santa Ana- CDBG Nonprofit Organization Collaboration Nonprofit organizations may submit a joint application with other nonprofit organizations. Collaborating nonprofit organizations must meet all of the application requirements. Organizations that submit a joint application may request a maximum of $300,000. Cost Reimbursement Agreement Grants are provided through a Cost Reimbursement Subrecipient Agreement. Reimbursement requests must be submitted to the City on a quarterly basis. Organizations must have enough working capital to continue services until a reimbursement request can be processed by the City. Only eligible CDBG expenses will be reimbursed. The term of the agreement will be July 1, 2020 through June 30, 2022. Insurance Requirement Organizations approved for CDBG funding will be required to obtain and maintain a minimum of $1,000,000 general liability insurance, automobile insurance, and workers' compensation insurance for the term of the contract. In addition, the City must be listed as additionally insured via an endorsement with the endorsement stating that the insurance is primary and noncontributory. Eligible Activities Requirement This application is intended to request funds to support eligible public service programs. Under 24 CFR 570.201(e) - Provision of public services (including labor, supplies, and materials) including but not limited to those concerned with employment, crime prevention, child care, health, drug abuse, education, fair housing counseling, energy conservation, welfare (but excluding the provision of income payments identified under §570.207(b)(4)), home -buyer down -payment assistance, or recreational needs. To be eligible for CDBG assistance, a public service must be either a new service or a quantifiable increase in the level of an existing service above that which has been provided by or on behalf of the City. National Objective Requirement The proposed program must meet the National Objective requirement for activities that provide a benefit to low- and moderate -income persons. At a minimum the program must serve 51% low- and moderate- income persons. In general, to document compliance with this National Objective, funded programs will require the collection, calculation, and documentation of the participant's family size and income. City of Santa Ana Consolidated Plan Priority Need Requirement Applications for Fiscal Year 2020-2022 must meet a priority need in the City's 5-Year Consolidated Plan. The Consolidated Plan can be found by clicking here. City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 21 A-5 Application City of Santa Ana- CDBG City of Santa Ana Strategic Plan Goal Requirement The City requires that the proposed program align with a goal in the City's Strategic Plan. The following goals apply to public service program and are listed with additional detail in Question # 10 of the application: 1. Community Safety; 2. Youth, Education, Recreation; 3. Economic Development; 4. Community Health, Livability, Engagement & Sustainability. To access the full text of the Strategic Plan, please Click Here. Federal Requirements Resource Links If funded, organizations will also need to comply with several federal requirements. For more information on these requirements organizations should view the following websites: • Playing by the Rules - A Handbook for CDBG Subrecipients on Administrative Systems • Guide to National Objectives and Eligible Activities for CDBG Entitlement Communities • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • CDBG Federal Regulations at 24 CFR Part 570 Workforce Collaboration Requirement All applicants approved for CDBG funding will be required to enter into a Memorandum of Understanding (MOU) with the Santa Ana WORK Center. The purpose is to establish a cooperative working relationship between the parties in order to provide program beneficiaries with information about WORK Center opportunities to find betterjobs and careers. Additional Requirements This application will be available for public display. Therefore, do not include any information that is subject to state or federal confidentiality regulations (i.e. an address to a domestic violence shelter). The attached application contains several questions regarding city residents. Residency of participants is determined by the last permanent address. The City will hold organizations accountable for the information included, such as expected City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 21 A-6 Application City of Santa Ana- CDBG service level. Review of Applications Applications will be reviewed in the following order: 1. City staff will conduct a Minimum Threshold Review of the application to verify that it is complete and in compliance with the eligibility of the CDBG program. 2. An Ad Hoc Committee form on behalf of the Community Redevelopment and Housing Commission (CRHC) will review and score all of the applications. 3. The CRHC will hear presentations from all of the applicants. 4. The Ad Hoc Committee will consolidate their scores and recommendations to award funds to specific programs to the CRHC for review and consideration. 5. The CRHC will make recommendations to award funds to specific programs to City Council. 6. City Council will review the recommendations provided by the CRHC for funding to determine which programs and activities will be funded to most effectively serve the needs of the community. Anticipated Timeline • November 4, 2019 o Applications distributed to nonprofit organizations for the Fiscal Year 2020-2022 • December 16, 2019 o Applications due by 5:00 p.m. • December 16, 2019 through January 17, 2020 o CRHC Ad Hoc Committee review and scoring of applications • January 7, 2020 and January 9, 2020 o CRHC Public Hearings to hear presentations from nonprofit CDBG applicants held from 3:0013M - 7:OOPM • Janury 10, 2020 o Special CRHC Ad Hoc Committee meeting to deliberate and review scores • January 28, 2020 o CRHC Meeting: Ad Hoc Committee funding recommendations reviewed and recommended for approval to City Council • February 18, 2020 o City Council Public Hearing for CDBG Program funding approval City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 21 A-7 103:IIi.]IaI Application Workshops PRE -AWARD • October 17, 2019 10:OOAM POST -AWARD (Mandatory) • March 26, 2020 10:OOAM City of Santa Ana- CDBG If there is a question about any part of the application please contact David Flores at dflores@santa-ana.org or (714) 647-6561. APPLICATION FOR SUBRECIPIENT PROPOSALS DUE DATE: Monday, December 16, 2019 at 5:OOPM APPLICATIONS MUST BE SUBMITTED NO LATER THAN 5:OOPM ON MONDAY, DECEMBER 16, 2019. ABSOLUTELY NO LATE APPLICATIONS WILL BE ACCEPTED. An email receipt notification will be sent upon completion of the application. If you do not receive an email please contact David Flores at dflores@santa-ana.org or (714) 647-6561. Do not add extra pages or attachments unless instructed to do so for your application. Any supplemental material such as letters of support, press clippings, etc., will not be accepted as part of your application. Limit responses to the space provided; any additional narrative beyond the provided space will not be considered. Submit one complete application for each proposed program. Financial Statements & Single Audits (Single Audit required if organization expended more than $750,000 of federal funds within a program year) Choices Application Form Board of Directors, By-laws and Articles of Incorporation (Attachment 7) Certifications (Attachment 2) Conflict of Interest Questionnaire (Attachment 8) Financial Statements & Single Audit (Attachment 9) Form 990 (Attachment 6) IRS Nonprofit Designation Letter (Attachment 5) Logic Model (Attachment 12) Memorandum of Understanding with the Santa Ana WORK Center (Attachment 11) City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 21 A-8 Application Organization Chart (Attachment 10) Staff Listing (Attachment 1) City of Santa Ana- CDBG NOTES: Failure to provide all required information will cause this application to be considered incomplete and the application will not be considered for funding. The City reserves the right to withdraw consideration of this application if evidence of compliance is not provided or if compliance status changes during the application process. The City reserves the right to waive a requirement if it is determined to be in the best interest of the City. PUBLIC SERVICE APPLICATION DUE DATE: Monday. December 16, 2019.@ 5:00 p.m Legal Organization Name* Character Limit: 100 DUNS Number and TIN* A DUNS number is a unique nine -character number used to identify your organization. The City uses the DUNS number to report how federal grant money is allocations. DUNS number lookup or registration. Character Limit: 50 Legal Name of Second Organization (if submitting a joint application) Character Limit: 100 DUNS Number of Second Organization (if submitting a joint application) A DUNS number is a unique nine -character number used to identify your organization. The City uses the DUNS number to report how federal grant money is allocations. DUNS number lookup or registration. Character Limit: 100 Is this for a Summer Night Lights Program* A Summer Night Lights program will require a letter of commitment to use a facility from the City of Santa Ana Parks, Recreation, and Services Agency for a City facility (e.g. a Recreation Center) or a letter of commitment from Santa Ana Unified School District for a school district facility (e.g. a school gymnasium or football field). Target areas for the Summer Night Lights Pilot Program are the Townsend/Myrtle Neighborhoods at Jerome Center and Cedar -Evergreen Neighborhood at Madison Elementary School. Choices Yes No City of Santa Ana - Nonprofit Application fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 21 A-9 Application Date Organization Founded* Character Limit: 10 Date of Nonprofit Incorporation* Character Limit:10 SERVICE AND FUNDING City of Santa Ana- CDBG Q1. Total number of unduplicated individuals to be served by the program during FY 2020-2022* Provide estimated number of unduplicated individuals to be served per FY 2020-2021 and 2021-2022 Character Limit: 250 a.Total number of unduplicated Santa Ana individuals to be serve by the program during FY 2020-2022. Provide estimated number of unduplicated individuals to be served per FY 2020-2021 and 2021-2022 Character Limit: 250 b. Total number of unduplicated non -Santa Ana individuals to be served by program during 2020-2022.* Provide estimated number of unduplicated individuals to be served per FY 2020-2021 and 2021-2022 Character Limit: 250 Q2. Estimated yearly total client contacts expected by the program during FY 2020-2022.* (Number of unduplicated individuals multiplied by service visits— i.e. 200 youth x 25 tutoring sessions = 5,000 units of service) Provide estimated number of client contacts per FY 2020-2021 and 2021-2022 Character Limit: 250 Q3. Total CDBG funds requested for FY 2020-2021 and FY 2021-2022 (must match Exhibit A, B and B1)* ($60,000 Minimum) Applicant must submit budgets for each FY. Character Limit: 20 Q4. Cost per participant per Fiscal Year* (Total CDBG funds requested divided by total number of participants to be served) City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 7 21A-10 Application Character Limit: 20 City of Santa Ana- CDBG Q5. What is the ratio of Administration & Fundraising expenditures vs. program expeditures Character Limit: 250 Q6. Name of Program* Character Limit: 250 Q7. Provide a concise description of the proposed program* (300 character maximum) Character Limit: 300 Q8. Provide a detailed description of the proposed program including the following information:* 1. Detailed description of nature and need for proposed program and services to be provided 2. Frequency of service delivery (i.e. daily, weekly, monthly); 3. How the service is provided (i.e. one-on-one, classroom settings, home visits, phone referrals); and 4. Target population groups (i.e. youth in specific neighborhoods, homeless, seniors). (5,000 character maximum) Character Limit: 5000 Q9. Describe your organization's experience in providing the proposed program or similar programs* (Include total years of program existence and highlight accomplishments including measurable outputs and outcomes) Character Limit: 5000 Q10. CDBG applications must meet a specific City of Santa Ana Strategic Plan Goal and Strategy* The goals below have been determined to align with CDBG eligible public service activities. (Please select only one goal and its strategy (ex. Goal #5, strategy 6D) and explain how it aligns with your proposed program. Character Limit: 5000 City of Santa Ana Strategic Plan Goals and Strategies: City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 8 21A-11 i0a:11-111111Mi Application City of Santa Ana- CDBG Goal #1- Community Safety - Enhance Public Safety integration, communications and community outreach: • Strategy 6F -The Santa Ana Police Department will collaborate with the Orange County Probation Department, Orange County Healthcare Agency caseworkers, business community, and associated non-profit organizations to assist in re-entry of recently released offenders into the community. Goal #2 - Youth, Education, Recreation - Expand youth programming: • Strategy 2A - Focus resources on quality youth engagement, enrichment and education programs through community centers, libraries and after -school programs during out - of -school hours. • Strategy 26 - Expand the youth sports program so that youth recreational opportunities are established year- round. • Strategy 4A - Partner with The California Endowment, Santa Ana College, Chapman University, UCI, CSUF, and other institutions of higher education to design career pathway programs that support priority workforce industries (Retail, healthcare, manufacturing, renewable energies) that results in faster reemployment of Santa Ana's residents. • Strategy 46 - Partner with the Santa Ana Unified School District to support and assist in developing pilot youth employment programs aimed at reducing high school dropout rates. • Strategy 4C - Continue to expand services and programs at the senior centers specifically in the areas of continuing education, mentoring and recreation. Goal #3 - Economic Development Strategy SC - Develop a knowledge base to foster economic development by actively partnering with non-profit organizations. Goal #5 - Community Health, Livability, Engagement & Sustainability - Support neighborhood vitality and livability: • Strategy 4D -Implement new Neighborhood Improvement Initiatives focusing on residential areas that have been adversely affected by disinvestment and decline. Program and services from a variety of resources will be utilized to achieve positive and sustainable improvements. City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 21A-12 ONImII:3Ia1 Application City of Santa Ana- CDBG • Strategy 513 - Generate public and private support and resources to strengthen, expand and stabilize funding for the arts. • Strategy 6C - Integrate a variety of health and wellness programs into existing programming at each of the city's community/recreation centers (e.g. Develop equitable health access points). • Strategy 6D - Partner with the California Endowment, Schools, charitable foundations and other non-profit organizations to implement health and wellness programming (including a healthy Santa Ana website) based on quantifiable and measurable data. • Strategy 6E - Expand Senior Center programming to provide greater enrichment and explore activities in art, culture and health. Q11. Will this program result in a new service or increase the level of an existing service* Only applicable to new applicants. Choices Yes No N/A If yes, describe how the new service is proposed: 1. Is not a duplication of existing services available; or 2. Demonstrates a quantifiable increase in access and/or the level of an existing service provided to the target population. Character Limit: 5000 Q12. Similar Services* List similar services that are currently provided in the community and describe how the proposed program complements or fills an existing gap in services Character Limit: 2000 Q13. Neighborhood Initiative Area* An area that has been adversely affected by disinvestment and decline is considered a Neighborhood Initiative area. Does the program serve residents of a Neighborhood Initiative area? Target areas for the Summer Night Lights Pilot Program are the Townsend/Myrtle Neighborhoods at Jerome Center and Cedar -Evergreen Neighborhood at Madison Elementary School. Choices Yes No City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On 19 September 2019 Community Development Block Grant 10 21A-13 ONImII:3Ia1 Application City of Santa Ana- CDBG If yes, please describe the area boundaries and reasons the area fits the Neighborhood Initiative criteria. Character Limit: 5000 Q14. Describe the unmet need the proposed program will address the proposed service area?* Character Limit: 5000 Q15. Will the program be conducted within the City of Santa Ana boundaries?* Choices Yes No If no, explain how Santa Ana residents will be served Character Limit: 5000 Q16. Organization Partners hips/Co llaborations* List Santa Ana neighborhood associations, local community organizations and/or civic groups, school districts, city departments that the organization participates in and to what extent. Character Limit: 5000 Q17. List the measurable outcomes and outputs you will use to report success of the program* *Must match Exhibit A. Character Limit: 5000 Q18. Track and Measure Performance* Describe how the organization will track and measure performance outcomes and outputs qualitatively and quantitatively. Character Limit: 5000 Q19. List the federal grants that the organization has received within the last 5 years* Include grant amounts, services provided, outcomes and include HUD or City audit/monitoring results and pending corrections. Character Limit: 5000 Q20. Summarize the qualifications and experience of administrative and program staff* Please provide the qualifications of the key Program and Administrative staff that will be responsible to provide the services stated and comply with regulatory requirements. This City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 11 21A-14 Application City of Santa Ana- CDBG should summarize the information on the Staff Listing attachment to support the organization's capacity to administer the proposed program. Character Limit: 5000 FILE UPLOADS Please download all forms to your desktop and then fill them out. If you try to fill out the form from the download screen, the information will not be saved when you try to upload it. Attachment 1- Staff Listing* Form is available here for download. (Include Key Program and Administrative staff who will work on the proposed program) File Size Limit: 1 MB Attachment 2 - Certifications* Form is available here for download. (Exhibit C-D-E) Form is available here for download. (Drug Free Workplace Certification) File Size Limit: 1 MB PLEASE COMPLETE THE FOLLOWING FORMS REGARDING BUDGETS Fiscal Year 2020-2021 and 2021-2022 PROPOSED PROGRAM BUDGET (ATTACHMENT 3) 2019-2020 CURRENT PROGRAM BUDGET (ATTACHMENT 4) IMPORTANT NOTICE: The City asks that you list other secured funding sources on the budget forms, but the City realizes that all other funding sources may not be secured at the time of this application. Organizations may include unsecured resources with the understanding that the City will hold the organization to the same service level indicated in the application whether all the resources listed are actually received or not. The only item that will affect the service level expected by the City will be the responses provided under numbers 3 and 3a of this application and the amount of funding provided by the City for Fiscal Year 2020-2021 and 2021-2022. Attachment 3 - 2020-2021 and 2021-2022 Proposed Program Budget* Form is available here for download. Please note that there are two sheets in the workbook and both need to be filled out. File Size Limit. 1 MB City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 12 21A-15 I0:P.Illhil Application City of Santa Ana- CDBG Attachment 4 - 2019-2020 Current Program Budget* Form is available here for download. Please note that there are two sheets in the workbook and both need to be filled out. File Size Limit: 1 MB Attachment 5 - IRS Nonprofit Designation Letter* Please upload a copy of your organization's IRS nonprofit designation letter. File Size Limit: 1 MB Attachment 6 - Form 990* Please upload a copy of your organization's Form 990. File Size Limit: 10 MB Attachment 7 - Board of Directors, By -Laws and Articles of Incorporation* Please upload a copy of the organization's current list of Board of Directors, by-laws and articles of incorporation. File Size Limit: 5 MB Attachment 8 - Conflict of Interest Questionnaire* Form is available here for download. File Size Limit: 1 MB Attachment 9 - Recent Financial Statements and Single Audit* Please upload a copy of the organizations most recent financial statement and single audit. If you are not required to have a single audit because you have not expended over $750,000 in Federal Funding, please upload a letter stating this. File Size Limit: 10 MB Attachment 10 - Organization Chart* Please upload a copy of your organization chart. File Size Limit. 1 MB Attachment 11- Memorandum of Understanding with the Santa Ana WORK Center* Form is available here to download. File Size Limit: 1 MB Attachment 12 - Logic Model* Using the template provided below by the University of Wisconsin, please complete a logic model that will summarize your proposed program on one page including the situation (community need) that you are going to address, the inputs you will use to address that need, City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 13 21A-16 ONImII:3Ia1 Application City of Santa Ana- CDBG your outputs of activities that you will undertake in your program, and the outcomes (short - 3 months, medium - 6 months and long - 12 months), that you will achieve. Please ensure you are as detailed as possible to provide your logic of how you will achieve your stated outcomes. Logic Model from University of Wisconsin: https://fyi.uwex.edu/programdevelopment/logic-models/bibliography/ File Size Limit: 1 MB Summer Night Lights Letter of Commitment from Santa Ana Parks, Recreation and Services Agency File Size Limit: 1 MB Summer Night Lights Letter of Commitment from Santa Ana Unified School District File Size Limit: 1 MB City of Santa Ana - Nonprofit Application Fiscal Year 2020-2022 Printed On: 19 September 2019 Community Development Block Grant 14 21A-17 EHIBIT 1 GRANT APPLICATION RATING CRITERIA 1. Community Needs 2. Capacity to Provide Public Services 3. Experience 4. Effective and Efficient use of Funds Maximum Points 20 20 30 30 Total Possible Points 100 Points Rating points will be allocated based on the attached matrix. Recommendations will also take into consideration whether or not the organization has received Community Service Grant funding. 21A-18 w a C7 c O U_ n N O N Q O N U O Co N 0 o w N C a Y O ° v •� w m p_ o N s II DO ti LO. 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W . . . . . . . . . . > 00 H c U a GJ Y m - N C ? 0 a+ N a L 0 Y m "i > C U y Y L O a Q O' M1• u m m N O U" b a a uci Y m m w a m G1 C c -0 m 3 m c u c m E '0 N C E O L O N Y T j.a L O> m pp >.E N Cw > O O •L a N a O Y ? •C m' 0 'M m Ol O O OA N U E CU L L O .m Y L O 4�NN a• V- N m../ O m 3 m v o n y U Y m- }L+ L ITQj Y Y yC+ L a_ Y v a a,c c c a L Y C QUao E m ma 0.L0'0a0 L o° �l o 00 o 21 A-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: AWARD A BLANKET ORDER CONTRACT IN THE AMOUNT OF $150,000 TO HACH COMPANY FOR WATER QUALITY TESTING SUPPLIES (SPECIFICATION NO. 19-076) (NON -GENERAL FUND) {STRATEGIC PLAN NO. 5,21 CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a blanket order contract to Hach Company for miscellaneous water quality testing supplies, materials, and equipment, for a one-year period beginning October 15, 2019, and expiring October 14, 2020, with provisions for two one-year renewals exercisable by the City Manager, in an annual amount of $50,000, for a total amount not to exceed $150,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Public Works Agency Water Resources Division oversees the operation of 20 City -owned wells, 7 pumping stations, 50 water quality monitoring stations, 10 storage reservoirs, and 480 miles of water pipeline. The Water Resources Division is committed to providing safe and reliable drinking water to more than 45,000 customers and over 334,000 consumers, and conducts extensive sampling and testing to ensure water meets all water quality standards. In 2018, staff collected 11,555 water samples at various sampling points in the water system. The City's drinking water meets all U.S. Environmental Protection Agency and State drinking water health standards. Water Quality and Water Production crews rely on the availability of water quality testing materials, supplies, and equipment to ensure compliance with water quality regulations. A Notice Inviting Bids for water quality testing supplies was advertised on August 5, 2019, on the City's online bid management and publication system. A summary of the Invitation for Bids and bids received is as follows: 22A-1 Award Contract for Water Quality Testing Supplies October 15, 2019 Page 2 81 Vendors notified 5 Santa Ana vendors notified 9 Vendors downloaded the bid packet 2 Bids received 1 Bid received from a Santa Ana vendor Two bids were received and opened on August 21, 2019, and evaluated. The bid results are as follows: Bidder Hach Company Waterline Technologies, Inc. Location Amount Loveland, CO $31,115.89 Santa Ana, CA $34,110.36 The bid received from Hach Company is lowest, responsive to specifications, and meets the City's requirements. The annual contract amount of $50,000 is based on staff's projection for the upcoming Fiscal Year 2019-20 expenditures, and this limit provides staff with testing resources if additional testing is needed. Outreach Efforts The Purchasing Division advertised this project on the City's online bid management and publication system, PlanetBids, which directly notified five Santa Ana vendors. One Santa Ana vendor downloaded and submitted a bid packet for consideration. The 7% Local and Small Business Enterprise Preference was applied to the Santa Ana vendor's bid submission; however, even with the preference, it was still not the lowest bid. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #5 — Community Health, Livability, Engagement & Sustainability Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding for the initial one-year term and the two subsequent one-year renewal periods will be budgeted and made available in the accounts specified below: Accounting Fund Accounting Unit —Account No. Fiscal Year Unit— Amount Account No. Description Description ONE-YEAR AGREEMENT 22A-2 Award Contract for Water Quality Testing Supplies October 15, 2019 Page 3 FY 2019-20 06017640- Water Utility Water Production & Oct. 15 -June 63001 Water Fund Supply — Miscellaneous Operating $22,500 Expenses FY 2020-21 06017640- Water Utility Water Production & Water Fund Supply — Miscellaneous Operating $7,500 July —Oct. 14 63001 Expenses FY 2019-20 06017644- Water Fund Water Quality — Miscellaneous $15,000 Oct. 15 -June 63001 Operating Expenses FY 2020-21 06017644- Water Fund Water Quality — Miscellaneous $5,000 Jul —Oct. 14 63001 Operating Expenses OPTIONAL ONE-YEAR EXTENSIONS FY 2020-21 06017640- Water Utility Water Production & Oct. 15 -June 63001 Water Fund Supply — Miscellaneous Operating $22,500 Expenses FY 2020-21 06017644- Water Fund Water Quality — Miscellaneous $15,000 Oct. 15 -June 63001 Operating Expenses FY 2021-22 06017640- Water Utility Water Production & July —Oct. 14 63001 Water Fund Supply — Miscellaneous Operating $7,500 Expenses FY 2021-22 06017644- Water Fund Water Quality — Miscellaneous $5,000 Jul —Oct. 14 63001 Operating Ex enses FY 2021-22 06017640- Water Utility Water Production & Oct. 15 -June 63001 Water Fund Supply — Miscellaneous Operating $22,500 Expenses FY 2021-22 06017644- Water Fund Water Quality — Miscellaneous $15,000 Oct. 15 -June 63001 Operating Expenses FY 2022-23 06017640- Water Utility Water Production & Water Fund Supply — Miscellaneous Operating $7,500 July —Oct. 14 63001 Expenses FY 2022-23 06017644- Water Fund Water Quality — Miscellaneous $5,000 Jul —Oct. 14 63001 Operating Expenses Total $150,000 APPROVEDAS TO FUNDS AND ACCOUNTS: Fuad S. Sweiss, PE, PLS Kathryn Downs, CPA 22A-3 Award Contract for Water Quality Testing Supplies October 15, 2019 Page 4 Executive Director Public Works Agency Executive Director Finance and Management Services Agency 22A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: APPROVE AN AMENDMENT TO THE FY 2019-20 CAPITAL IMPROVEMENT PROGRAM AND AWARD A CONSTRUCTION CONTRACT TO LEONIDA BUILDER, INC., IN THE AMOUNT OF $1,427,850 FOR THE CENTENNIAL PARK WALKWAY AND LIGHTING IMPROVEMENTS PROJECT, WITH A TOTAL DELIVERY COST OF $1,828,088 (PROJECT NOS. 18-7529 & 18-7528) {STRATEGIC PLAN NO. 6, 1G} /s/ Kristine Ridge CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2o° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO I�U�►l�1�1:3q:3 1. Approve an amendment to the Fiscal Year 2019-20 Capital Improvement Program Centennial Park Walkway Project to include additional Community Development Block Grant funds in the amount of $150,000. 2. Award a construction contract to Leonida Builder, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $1,427,850, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Centennial Park Walkway and Lighting Improvements Project, and authorize the City Manager to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,828,088, which includes $1,427,850 for the construction contract, $214,178 for contract administration, inspection and testing, and a $186,060 project contingency (approximately 13% of the construction contract amount) using Community Development Block Grant (CDBG) funds. DISCUSSION Centennial Park is the largest City -owned park, located south of Edinger Avenue and west of Fairview Street (Exhibit 1). The park is heavily used by Santa Ana College, Hector Godinez High School, sports leagues, and many park patrons. Staff have identified existing walkways that are damaged and in need of repair, and existing wooden lighting poles that have deteriorated with age and require replacement. 23A-1 Amend FY 19-20 CIP and Award Contract to Leonida Builder, Inc., Centennial Park Walkway and Lighting Improvements Project October 15, 2019 Page 2 The scope of work includes the removal and replacement of failed walkways, concrete slabs, curbs, and brick pavers; removal of deteriorated wooden light poles; and construction of new concrete light pole assemblies with energy efficient LED fixtures, foundation, electrical conduit, and wiring. In addition, the work includes demolition of existing structures, signs and trees; construction of new bollards, guardrails, new decomposed granite walkways, river rock slope protection, Americans with Disabilities Act (ADA) access ramps; identification signs; slurry seal and restriping of parking lots. The project is expected to start in approximately November of 2019. Once the project is completed, these walkway and lighting improvements will enhance safety, reduce energy consumption, enrich the visual appearance of the community area, and park lighting will be improved and modernized. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, a Notice Inviting Bids was advertised in the Orange County Register on August 2 and 7, 2019, and bids were received electronically via the City's web -based electronic bidding system, PlanetBids, on August 28, 2019. Through the PlanetBids online portal, vendors may register to receive notifications on all current and future City projects, as well as download contract documents, receive project updates, and submit bids electronically. A total of 63 vendors, were notified of the project via PlanetBids. 57 vendors requested bidding documents and 6 bids were received with no bids received from Santa Ana contractors. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Leonida Builders, Inc. Santa Clarita $1,427,850 2 Alfaro Communications Construction, Inc. Compton $1,430,877 3 Vido Samarzich, Inc. Rancho Cucamonga $1,478,950 4 EBS GENERAL ENGINEERING INC Corona $1,557,659 5 Western Construction Specialists inc. Santa Fe Springs $1,599,915 6 YAKAR Covina $1,958,790 All 6 bids received were deemed responsive. Leonida Builders, Inc., submitted the lowest responsive bid in the amount of $1,427,850 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract (Exhibit 3) to Leonida Builders, Inc., in the amount bid. 'When this project was advertised, the Centennial Park Walkway project number was erroneously stated as 18-7929." In order to be consistent with internal fiscal controls, all future references will be corrected to "18-7529." 23A-2 Amend FY 19-20 CIP and Award Contract to Leonida Builder, Inc., Centennial Park Walkway and Lighting Improvements Project October 15, 2019 Page 3 Protect Delivery To deliver a complete project, in addition to the construction contract, the estimated total construction delivery cost of the project will require construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management; implementation of the City's Community Workforce Agreement requirements; inspection of the Contractor's work to ensure contract compliance, workmanship, and quality; and material testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized in the table below, the estimated total construction delivery cost of the project is $1,828,088. Construction Contract $1,427,850 Construction Administration, Inspection and Testing $214,178 Contingencies $186,060 ESTIMATED CONSTRUCTION DELIVERY COST $1,828,088 The total estimated construction delivery cost will cover all staffing costs, and no additional or separate funding will be used. Approval of Recommended Action No. 1 above will increase the Fiscal Year 2019-20 Capital Improvement Program (CIP), Centennial Park Walkway Project originally approved for $625,000 by adding $150,000 of Community Development Block Grant (CDBG) funds for an amended CIP total of $775,000. The added funds increase the project budget by 19% to include greater repairs needed. 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. ER-2019-74 was filed for the project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,828,088, which includes construction, contract administration, inspection, testing, and an authorized contingency of $186,060. Council action taken on September 17, 2019, to approve carryover, unspent funds included $150,000 in additional Community Development Block Grant 23A-3 Amend FY 19-20 CIP and Award Contract to Leonida Builder, Inc., Centennial Park Walkway and Lighting Improvements Project October 15, 2019 Page 4 funding for this project. With approval of the proposed amendment to the Fiscal Year 2019-20 CIP, the following table summarizes the funds available for expenditure to deliver construction of this project: Accounting Unit — Accounting Unit - Fiscal Year Account No. Fund Description Account No. Amount Project No. Description FY 2019-20 13518783-66220 Community CDBG Programs- $1,234,368 July -June (18-7529)- Development Block Improvements Other Grant Than Buildings FY 2019-20 13518783-66220 Community CDBG Programs- $593,720 July -June (18-7528) Development Block Improvements Other Grant Than Buildings Total $1,828,088 'When this project was advertised, the Centennial Park Walkway project number was erroneously stated as "18-7929." In order to be consistent with internal fiscal controls, all future references will be corrected to "18-7529." Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Steven A. Mendoza Executive Director Community Development Agency Lisa Rudloff Executive Director Parks, Recreation, and Community Services Agency FSS/TC/MO APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis 5. Amended FY 19-20 CIP Project Sheet 23A-4 LOCATION MAP (NOT TO SCALE) 1-J SANTA ANA Project Nos. 18-7929 & 18-7528: P` A Centennial Park Walkway and Lighting PUBLIC MRKSACENCY Improvements Project �P 1 City of Santa Ana Centennial Park Walkway Improvements & Centennial Park Lighting Improvements (18-7929 & 18-7528), bidding on Bid Results Bidder Details Vendor Name Leonida Builders, Inc. Address 15821 Live Oak Springs Canyon Rd. Santa Clarita , CA 91387 United States Respondee Panagiotis Leonida Respondee Title President Phone 909-275-3354 Ext. Email panikos@leonidabuilders.com Vendor Type CADIR License # 896772 CA DIR Bid Detail Bid Format Electronic Submitted August 28, 2019 1:23:22 PM (Pacific) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 188617 Ranking 0 Respondee Comment Buyer Comment Attachments File Title General Ownership affidavit Bid Bond Non collusion List of Subcontractors Line Items Type Item Code Base Bid Proposal 1 Mobilization/Demobilization* File Name Bid Proposal Package with attachments.pdf Ownership affidavit - executed.pdf 190827 Bid Bond - executed.pdf Non -collusion - executed.pdf List of Subcontractors - executed.pdf uoM City Unit Price LS 1 $55,000.00 2 Demolition of existing structures, bollards, guardrails and ramps LS 1 $30,000.00 Page 1 Printed 09/12/2019 EXHIBIT 2 File Type General Forms Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Bid Bond Guaranty (Notary Public)- REQ Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - REQ Original Hard Copy Submittal in Addition Subcontractor Listing Form Line Total Comment $56,000.00 $30,000.00 PlanetBids, Inc. 23A-6 City of Santa Ana Page 2 Centennial Park Walkway Improvements & Centennial Park Lighting Improvements (18-7929 & 18-7528), bidding on Printed 09/12/2019 Bid Results Type Item Code UOM Oty Unit Price Llne Total Comment 3 Remove and Dispose PCC sidewalks, PCC slabs, and brick pavers SF 31400 $3.00 $94,200.00 4 Remove and Dispose Signs EA 6 $500.00 $3,000.00 5 Remove and Dispose Trees EA 2 $2,000.00 $4,000.00 6 Precast Concrete Bollards EA 63 $450.00 $28,360.00 7 Existing Guardrail Improvements LS 1 $35,000.00 $35,000.00 8 PCC Sidewalk/Slabs (T=4") SF 14400 $12.00 $172,800.00 9 PCC Access Ramp (Type 1) SF 550 $18.00 $9,900.00 10 Brick Pavers SF 4100 $30.00 $123,000.00 11 Decomposed Granite CY 170 $150.00 $25,500.00 ______ 12- PCC Curb (Type B-1 with 8" curb face) LF 3100 $40.00 $124,000.00 13 PCC Curb (Type B-1 with 0" face) LF 90 $40.00 $3,600.00 14 Lake Edge Slope Improvements LS 1 $5,000.00 $5,000.00 15 Jetty Improvements LS 1 $10,000.00 $10,000.00 16 ADA RampAWalkway Improvements LS 1 $120,000.00 $120,000.00 17 Identification Signs EA 9 $1,000.00 $9,000.00 18 Slurry Seal SF 190000 $0.50 $95,000.00 PlanetBids, Inc. 23A-7 City of Santa Ana Page 3 Centennial Park Walkway Improvements & Centennial Park Lighting Improvements (18-7929 & 18-7528), bidding on Printed 09/12/2019 Bad Results Type Item Code UOM city Unit Price Line Total Comment 19 New Lighting at Centennial Park LS 1 $325,000.00 $325,000.00 20 Additional Light Pole EA 5 $4,000.00 $20,000.00 21 Additional Light Pole Assembly EA 5 $3,000.00 $15,000.00 22 Additional Wiring LF 300 $25.00 $7,500.00 23 Additional Conduit LF 300 $80.00 $24,000.00 24 Signing and Striping LS 1 $48,000.00 $48,000.00 25 Traffic Control LS 1 $16,000.00 $16,000.00 26 BMPs and Erosion Control Measures LS 1 $15,000.00 $15,000.00 27 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 - Subtotal $1,427,850.00 Asterisk Notes (per P-3 of P-17 of Specifications) - NOT part of Total Bid Calculation 28 `= Mobilization/Demobilization bid item is limited to a maximum of 5% of the Total Bid ea 0 0 0 Subtotal 0 Total $1,427,850.00 PlanetBids, Inc. 23A-8 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7529: CENTENNIAL PARK LIGHTING IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Leonida Builders, 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: Item Description Qty Unit Unit Price Amount I Mobilization/Demobilization I LS $ 55,000.00 $ 55,000.00 - Demolition of existing structures, bollards, guardrails and ramps LS $ 30,000.00 $ 30,000.00 3 Remove and Dispose PCC sidewalks, PCC slabs, and brick pavers 31,400 SF $ 3.00 $ 94,200,00 4 Remove and Dispose Signs 6 EA $ 500.00 $ 3,000.00 5 Remove and Dispose Trees 2 EA $2,000.00 $ 4,000,00 6 Precast Concrete Bollards 63 EA $450.00 $ 28350.00 7 Existing Guardrail Improvements I LS $ 35,000.00 $ 35,000.00 8 PCC Sidewalk/Slabs (T=4") 14,400 SF $12 00 $ 172,800.00 9 PCC Access Ramp (Type 1) 550 SF $ 18.00 $ 9,900.00 10 Brick Pavers 4,100 SF $ 30.00 $ 123,000.00 21A W CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS Item Description Qty Unit Unit Price Amount 11 Decomposed Granite 170 Cy $150.00 $ 25,500,00 12 PCC Curb (Type B-1 with 8" curb face) 3,100 LF $40,00 $ 124,000.00 13 PCC Curb (Type B-1 with 0" face) 90 LF $ 40.00 $ 3,600.00 14 Lake Edge Slope Improvements 1 LS $5,000.00 $ 5,000.00 15 Jetty improvements I LS $10,000.00 $ 10,000.00 16 ADA Ramp/Walkway Improvements 1 LS $120,000.00 $ 120,000.00 17 Identification Signs 9 EA $1,000.00 $ 9,000.00 18 Slurry Seal 190,000 SF $0.50 $ 95,000.00 19 New Lighting at Centennial Park 1 LS $325,000-00 $ 325,000.00 20 Additional Light Pole 5 EA $4,000.00 $ 20,000.00 21 Additional Light Pole Assembly 5 EA $3,000.00 $15,000.00 22 Additional Wiring 300 LF $25.00 $ 7,500.00 23 Additional Conduit 300 LF $80.00 $ 24,000.00 24 Signingand Striping I LS $48,000.00 $48,000.00 25 Traffic Control 1 LS $16,000.00 $ 16,000.00 26 BMPs and Erosion Control Measures I LS $15,000.00 $ 15,000.00 2J/�►f 1� CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS Item Description Qty Unit Unit Price Amount 27 Labor Agreement Oversight I LS $ 10,000 $ 10,000 TOTAL BASE BID $ 1,427,850.00 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). * Mobilization/Demobilization bid item is limited to a maximum of 5% of the Total Bid. 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 ninety (90) 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 $1,300 per calendar day. NameofFirm Leonida Builders Signature of BIDDER _ Leonida Title President, Secretary & Treasurer (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.) 2UkP11 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS 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 Clerkofthe Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm Leonida Builders, Inc. Signature of BIDDER Panagiotis Leonida Title President, Secretary & Treasurer (If an individual, so state. If 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.) L1A PlI% CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7529: CENTENNIAL PARK LIGHTING IMPROVEMENTS 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: Leonida Builders, Inc. Business Address: 15821 Live Oak Springs Canyon Rd. Santa Clarita CA, 91387 Business E-Mail Address: panikos@leonidabuilders.com Telephone: 909-275-3354 State Contractor's License No. and Class: 896772 / A, B, & C-8 License Expiration Date: 05/31/2021 State Dept. of Industrial Relations (DIR) Registration No.: 1000025666 State Dept, of Industrial Relations (DIR) Registration Expiration Date: A z 06/30/2021 Signed: Panagiotis Leonida Title: President, Secretary & Treasurer L 3A Pl 3 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations. Title 8, Section 16.000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to Fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising Out ofany failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and connect. Name of Firm Leomda Builders, Inc, Signature of BIDDER Panapliotis Leonida Title President, Secretary & Treasurer (if an individual, so state) 2P3�A 14 CITY OF SANTA ANA PROPOSAL CENTENNIAL, PARK IMPROVEMENTS: PROJECT NO. I8-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS OWNERSHIP AFFIDAVIT STAIR OF CAUFORNiA COUNTY OP ORANGE ) SS: CITY OF SANI A ANA Panagiotis Leonlda , being duly sworn, deposes and says: ❑ INDIViDOAL Ihit he/she is the party making the foregoing proposal: ❑ PAR'fNERSIIIP That he/she is a member of the co -partnership firm designated as: and �a•ho has been and is duly vested with the authority to males; and execute instumentc for the co -partnership by: who constitute the other members of the co -partnership, © CORPORATION That he is of: Presldenl, Secretary & Treasurer a corporation which is making the foregoing proposal; ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments Tor an on behalf of the parties making said bid who are, that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the proposed contract, for him If or any other person. Signature off3ld er +"t Subscribed and sworn to before me this 27 day of August 20 19 See Attached Signature of officer Administering Oath (Notary Public) I =P1 5 CALIFORNIA JURAT GOVERNMENT CODE § 8202 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 Callfornla Countyofh KELLY VANIRA ORELL,4NA Notary Public California Los Angeles County D Commission Y 2289176 AY Comm. Expnes MAY 20, 2023 Place Notary Seal and/or Stamp Above Subscribed and sworn to (orrQffkr3led) before me on this 7-1 day of 20_a, by Date M ttth Year (and (2) Nome(s) of Signer(s) proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �r1wl, ���L, a 4iy. Title or Type of Document: 4f�}6+`^y Document Date: �*AL4�� f I �/ I ` /r� 4 Number of Pages: ?- . Signer(s) Other Than Named Above: WA 02018 National Notary Association 23A-16 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO, 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO, 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS KNOW ALL PRESENT that, LEONIOA GUILDERS, INC. , as BIDDER, and GREAT AMERICAN INSURANCE COMPANY , as SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of TEN PERCENT OF AMOUNT BID Dollars($ 10% ), Which is ten percent (lb°/u) 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. 1N WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal 26TH day of AUGUST 2019 BIDDER* 115821 LIVE OAK SPRINGS CANYON ROAD SANTA CLARITA, CA 91387; 951-532-7717 Panagiotls Leonida President, Secretary and Treasurer SURETY* GREAT AMERICAN INSURANCE 750E CITY DRIVE SOUTH #470 ORANGE, CA 92868; 714-740-3117 Subscribed and sworn to before me 20_. Signature: Notary Public in and for the County of State of KEVIN VEGA, ATTORNEY -In -FACT this day of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative, See Attache;, P-8 of P-17 23A-17 GREAT AMERICAN INSURANCE CCMPANYQ Adminlsirative Office: 301 E 4TH STREET • CINCINNATI, OHIO 45202 • 513.369.5000 • FAX 613.723-2740 The number of persons authorized by this power of attorney is not more than FOUR Nat) 20974 POWER OFATTORN EY KNONVALLMEN OXTHESE PRESENTS: That lltBOREATAMERICAN INSURANCE COMPANY, a corporation organized andexlstng under and by virtue Of the Inwe of Ilia State orOhlo, does hereby uomintle, 4e1 Rod uplochil the person or persons rallied helms, each Individually if more Ilion one is nnmed, its Into mid lawfill allomey-in-fhc6 for it find in Its neuie, place mid stead to 0xceule oti behalf of the said Company. €s surety, nny and all bonds, wid0rtalcings And conlmots cf snrelyship, or other 1willen obligations in the nature thereof; provided Ihot the liability of the said Company on ugly sudr hand, undertaking or contract orsarelyshlp exeealed under this mtdiorily shall not exceed the limit stated belmv. Name Address Limit of Power PHILIP EVEGA ALL OF ALL HEVIN VEGA COVINA, CALIFORNIA $100,000,000 BRITTEN CHRISTIANSEN MYRNA F. SMITH 11lis Pe1l'er ofAborney revokes all previous passers issued on Will for the attorney(s)-finfact rallied above. IN WITNESS WHEREOF Ilrc GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate o9lcers and its corporate sePI hereunto ntllscd this 29TH day of NOVEMBER 1 2017 Alto( GREATAMERICAN INSURANCE COMPANY m„ eu,low,l.S,,,,a, Oh'hlentil S'rlrlor Vice I'm0do" STATF. OF OHIO, COUNTY OF HAM I LTON - ss• DAVio C. ancew t877-077-24G51 On this 29TH day or NOVEMBER 2017 before me personally Appeared DAVID C. KITCHIN, tome known, being duly sworn, deposes and says dint Ile resides in Chicinand, oldo, Ihm he is a �ivisfoual Senior Vice Presidenl of the Band Division orCrent American Insurance Cornpmry, the Company described fit mid which oxeliuled the above lushill l; that he knows the scat orate sold company; tile, the seal n1J3xed to tba said fostnmgnt is such corporate seal: Ihat II was so a0lxed by KIIII ity of his ofPec ender the By -Lawn orsafd Company, end tint he Signed his none Iherelo by like solitarily. 1 i h { ri .rF rIn., n,. 1 1 �� a 40!/ 'this PoicerofAttonroy is granledby authority of the following resolutions adopted by the Hoard ofDireclor-S ofGreatAmerican Insurance Company b ' unnnimons ivdrsen consent dated June 9, 2008. RESOLVED.Thai ilia Dlvfslaanl Po'oslAurl, llre severe! Divlsl0nal Senior Ylce preslddns, Dlvlslonn! Vlee preslAervs mrd Dfetxmral AssLsrn+d 1?ce Pre.rldeas, a,- say rare of Iheill, he aid herehp Is molarizect front now to thin, to npporm Inte ar nrnre Atlorneyr-trr-rael to eaecule on behalf of the Canipa"I assresp nny ondis Amdn: sahrraki an tomiulean sore), ppoitt ar othersal,(jea obhgnlimo hr the nnttuv Uiereaf,•toprerrrfbe tHAG•respecfhrd dnlfes mrd !)ere rvspeclive ilrxlrs of Ar¢h' mrdtm•h)v rnNl1a renmke nary such appolnnnenl err any Ilnue RESOLVED FURTHER: That the Contpmtp seal and rlre signature of nap of toe aforesaid gfJlcerx and may Seererm), or Anniston! 5'ecrelaq• of the Cornpmtyv+ra)rherixred hyfor0stfle to ai9, pan er ofnhorwep or cerl�rote ofelefror givenfor the rrvcralon ofmry bond,, underrakurg, coNrnar ofsrtrelyship, Cr other sfv'lllen ah�garloa lot dre narmir!hereof, oreh slgnatury and seal when so nsed being hereby adopted by the Canrparry as the origloal signalre ofsech Wal), and fink ariginal sent of pile comnpony ra he valid slid bi"I npoa the Company rrldr lid saran force and effect as lhmrg)t manually ep ired. CERTIFICATION I, $TEPHEN C. HERAHA, Ass IMAM Secretary of Great Anierimn hlsurance Company, do hereby cerli fy Ihat the foregoing Poncer o:At(orney and the Resolutions 0f the Board of Aireclors of Jmm 9, 2008 have no( been revoked and Are now in ful I force and effect, Signed and scaled this 26th day or August 2019 a:�bm,a a'„rM1�l„o� 81 WEI(aa115) 23A-18 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 LOS ANGELES On 08/26/2019 Date personally appeared before me, PHILIP VEGA, NOTARY PUBLIC Kevin Vega, Attorney -in -Fact Here lnsert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persanK whose nameN Is/arm subscribed to the within instrument and acknowledged to me that helake/MW executed the same In his/tier/thelr authorized capacityQes.J, and that by his/heNlh& signature(* on the instrument the person(s), or the entity upon behalf of which the personN acted, executed the Instrument, �'"• PHILIP VEGA a Comm. a 2152121 �, '®_ A NOTARY PUBLIC-CALIFORNIA (� L09 ANGELES COUNTY �u,or.�° Mr CowN, GNv. MAY 31, PozU Place Notary Seal Above 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 al. Signature S1 Cure of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s),: ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 23A-19 CALIFORNIA 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 Countyof On ryr 2! /�'L I before me,_�iYcLf��'s'S Date Here! sett Nome and Title oft e Ofllcer personally appeared ��s1V,ta�4.�45 Q.0A /, of Signers) who proved tome an the basis of satisfactory evidence to be t e er5on(s) whose names e s hsrcdh to the within Instrument and ack<now ged to my tha h� FFfey executed the same In I elf authorized capscity(fes}, and that b hl /t lt�r signa re(s) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. KELLY YANIRA ORELLANA • Notary Public - California - Los Angeles County is Commiulan C Z2g9416 My Comm. Expires May 20, 2023 Place Notary Seal and/or Stomp Above 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 Signature 4Sig chore of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment ofthls form to on unintended document. Description of Attached Doctapt7y g / ,/ Title or Type of Document: X, r fy� %�JW Document Date: (>-W9 Signer(s) Other Than Named Above: capacity(ies) Cli"iEci ad by Signer(s)_ ` SI er's Name: 4l?R ;rls LCpi%�GL! orate Off ker —' tle(s): .2. ❑ Partner — ❑ Until ❑ Gen ral ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: NumberofPages: Signer's Name: ❑ Corporate Officer — Tltle(s): ❑ Partner— ❑ Limited ❑ General ❑ Individual El Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: a@t . .... _ �3rs.�i4Fo�>,Iffi'641�3EtAt7l F�`at3� ©2018 National Notary Assoclatlon 23A-20 CITY OF SANTA ANA PROPOSAL CENTFNNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contact Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: !!% 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 Chrisp Company License 4/Exp. 374600 DIR Reg. #/Exp• 1000000306 / 06/30/2022 Location Bloomington, CA Phone 909-746-0356 Type Of Work Signing and striping Amount $ $46,000.00 Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Panagictis Leonida Signature i der President, Secretary & Treasurer Name Socal stormwater runoff Solution services inc License #/Exp• DIR Reg. #/Exp-. PW-LR-1000435627 / 06/30/2020 Location Sherman Oaks, CA Phone 310-343-8313 Type Of Work BMP and erosion control Amount $ $15,000.00 Name License 4/Exp. DIR Reg. 4/Exp. License # Location Phone Type Of Work Amount $ Name License 4/Exp. DIR Reg. 4/Exp. License # _ Location _ Phone Type Of Work Amount $ 23AP271 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS 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 Wildomar - 23873 Clinton Keith Rd. Wildomar, CA 92595 Name and Address of Owner. Matt Bennett 951-677-7751 Name and Telephone Number of person familiar with project. $1,080,050.00 Mullblrade impropernenis, tltelutled but not limited to, pedestrian/cycle Valk: walNlys, and concrete work April 2018 Contract Amount Type of Work Date Completed City of Moreno Valley - 141777 Frederick St, Moreno Valley, CA 92553 Name and Address of owner. Danny Astroga / 951-413-3119 / dannya@moval org Name and Telephone Number of person familiar with project. $1,205,127.00 GAIy Wde molturedalmamveag ¢: matured put act limited to, ADA upgrades pIiztrienktog reila en1Wel" s, stermsMitrIcidinage, trench,snorng, andpaving Contract Amount Type of Work 3. City of Fontana - 8353 Sierra Avenue Fontana, CA 92335 Name and Address o f owner. Jeff Kim / 909-350-6724 / JKim(6fontana,nrn Name and Telephone Number of person familiar with project. November 2018 Date Completed $672,830.00 Parking for expansion, tree removal, and electrical work March 2019 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. Great American Insurance Company- 714-740-3117 750 The City Drive South #470, Orange, CA 92868 C&D Bonding & Insurance Services / Philip E. Vega - President 534 East Badillo Street Covina, CA 91723 / 626-859-1000 23"k 22 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. I , City of Beaumont - 550 E, 6th Street, Beaumont CA 92223 Name and Address of Owner, Kevin Norville 951-769-8520 Name and Telephone Number of person familiar with project. $496,900.00 CDBG Citywide Concrete Repairs and ada upgrade Contract Amount Type of Work 2. City of Banning - 99 E Ramsey Street Banning, CA 92220 Name and Address of owner, Art Vela 951-922-3130 Name and Telephone Number of person familiar with project. $368,000.00 Multi -trade improvement, included but not limited to,ada upgrades at Lion Park_ Contract Amount Type of Work 3. City of Moreno Valley - 141777 Frederick St. Moreno Valley, CA 92553 April 2017 Date Completed April 2016 Date Completed Name and Address of owner. Margery Lazarus 951-413-3133 Name and Telephone Number of person familiar with project. $239,500.00 Work includes but is not limited to ,clearing and grubbing, grading and earthwork, PCC sidewalks May 2016 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. Great American Insurance Company- 714-740-3117 750 The City Drive South #470, Orange, CA 92868 C&D Bonding & Insurance Services / Philip E Vega - President 534 East Badillo Street Covina, CA 91723 / 626-859-1000 Af 23 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL, PARK LIGHTING IMPROVEMENTS NON -COLLUSION AFFIDAVIT (Title 23 United Slates Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making afalse certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me Notary Public Signature Notary Public Seal Z3A L14 CALIFORNIA JURAT GOVERNMENT CODE § 8202 �H�FRF��`.P`a{altd'b'� k _ " S66EE5xfRf_bS�Yd. kr�t�l kli<dttMi3C�A£Ot '�Krih`�+5fii44YitHi458did 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 Countyof t-6`�--t'' "r jcW KELL), YANIRA ORELLANA �= Notary Public - California 7 .. Las Angeles County Commission p 2289476 My Comm. Expires May 20, 2022 Place Notary Seal and/or Stomp Above Subscribed and sworn to (or -al before me on this —Li— day of 20--M—, by Date - nth Year (and (2) Nome(s) of Signer(sJ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Signature gn of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document J Title or Type of Document: l�lorl —C61t L uSloYl ��(1 /.�;� Document Date: Ain"t Number of Pages: J Signer(s) Other Than Na ed Above: 1A A �f}X""1081 (c)2018 National Notary Association 23A-25 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEIVIENTS 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 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 ofthis nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders ofthe 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. 4 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS 7. The Contractor 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 rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stars. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works viol this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: 1/ v Title: President, Secretary & Treasurer Firm: Leonida Builders, Inca Date: 08/27/19 2JA'L / CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS STATEMENT REGARDING APPRENTICESHIP REOU[REMENTS 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 thejoint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area ofthe 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 contractors not signatory to the trust agreement shall pay a like amount to ��Caiifornia Apprenticeship Council. b`' Signed: Title: President, Secretary & Treasurer Firm: Leonida Builders, Inc. Date: 08/27/19 � f CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS STATEMENT REGARDING "ANTI -KICKBACK REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is othe ` e entitled. Signed: Title: President, Secretary & Treasurer Firm: Leonida Builders, Inc. Date: 08/27/19 CITY OF SANTA ANA PROPOSAL CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. ilk f M CITY OF SANTA ANA APPENDIX H CENTENNIAL PARK IMPROVEMENTS: PROJECT NO. 18-7929: CENTENNIAL PARK WALKWAY IMPROVEMENTS PROJECT NO. 18-7528: CENTENNIAL PARK LIGHTING IMPROVEMENTS CDBG REQUIREMENTS 23A-31 EXHIBIT 1 City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts A. The work to be performed under this contract number 18-7929 & 18-7528 by and between the City of Santa Ana, hereinafter referred to as "City" and Leonlda Builders, Inc , hereinafter referred to as "Contractor", is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12U.S.C. 1701u (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability, of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. F. The Contractor will certify that any vacant employment positions, including training positions, that are tilled (I) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be dir ected, were not to circumvent the Contractor's obligations under 24 CFR part 135. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. The Contractor by this signature affixed hereto declares under penalty of perjury: Contractor has read City requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana.. 9 Signature ntractor 896772 / A, B, & C-8 Contractor License Number & Designation Panagiotis Leonid@ President, Secretary and Treasurer 08/27/19 Print Name and Title Date - 060926434 Federal DUNS Number, 23A-32 EXHIBIT 2 City of Santa Ana Section 3 New Hire Calculation Form Project Name: Centennial Park Walkways and Lighting Improvements 18-7929118-7528 Project Location: 3000 W Edinger Avenue Santa Ana CA 92704 Street City State Zip Contractor Name: Leonida Builders, Inc. Contractor Contact: Panagiotis Leonida Contractor Telephone Number: 909-275-3354 Contractor Email Address:_ Pan ikosOleonidabuildlets. com Section 3 Resident Hiring Goals Trade/Craft Number of New Hires If at a later date there is a position available for training. or employment we will advertise for individuals under 7MI.n by contacting Santa Ana work center clo Araceli Delqado at Total Number of New Hires: 0 1 Total number of Section 3 resident new hires necessary to comply with contract: 0 08/27/19 Signature of .ntractor Date 23A-33 "If at a later date there is a position available for training and employment we will advertise for individuals under Section 3 by contacting Santa Ana work center c/o Araceli Delgado at 714-565-2654, and posting advertisment on indeed.com EXHIBIT 3 City of Santa Ana Section 3 Employment Opportunity Notice Pursuant to Section 3 of the Housing and Urban Development Act of 1968, as amended, 12, U.S.C. 170u, the City of Santa Ana is pleased to announce construction employment opportunities for low-income individuals residing in the following area(s) of the City of Santa Ana: PROJECT(S) LOCATION(S): 3000 W Edinger Ave, Santa Ana, CA 92704 CONSTRUCTION TRADE EMPLOYMENT OPPORTUNITIES: Upon availability trade, included but are not limited to, Laborer, Cement Mason, Operating engineer, Electrician. If you have work experience in the construction trades listed above, and you live in the areas) listed above, call 909-275-3354 (contractor's or subcontractor's name), at Leonka Builders. Inc. (contractor's or subcontractor's telephone number) for an employment application. For additional information on the City of Santa Ana's Section 3 Economic Opportunities Plan, please call Community Development Agency, at 714-647-5445. 23A-34 EXHIBIT 8 Contractor's Section 3 Affirmative Action Plan Centennial Park Walkways Improvements (18-7929) and Centennial Park Lighting Improvements (18-7528) Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the County of Orange. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sea or national origin. 2. Send a notice of the contractor's Section 3 com mitment to each labor organization or representative of workers and p ost a copy of the notice at a conspicuous place available to employees and applicants for employment or training. 3. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the County, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the County through use of: local advertising media, signs placed at the project site and notification to community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns. 4. Maintain a I lc of all low-income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. S. Maintain a ti le of all business concerns located in the County who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of cor respondence, memoranda, etc., which document that a ffirmative action steps have been taken. 7. Incorporate the Section 3 clause provisions inall subcontracts, and require subcontractor(s) to submit a Section 3 Affirmative Action Plan, Leonida Builders, Inc. J/ Company Name Si nat re of Contractor 15821 Live Oak Springs Canyon Rd, Santa Clarita CA, 91387 Address: Street, City, State, Zip 060926434 DUNS Number Panagiotis Leonida Printed Name President, Secretary & Treasurer Title 23A-35 EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Name: Leonida Builders, Inc. Please check the numbered statement that is applicable to your business: My business qualifies as a Section 3 business concern: If you have checked statement NUMBER I please read the attached Section 3 Business Concern Preference - Bidding Requirements. (Please check the applicable qualification for statement number 1) J 1% owned by Section 3 residents; or Permanent, full-time employees include at least 30% Section 3 residents; or Will subcontract more than 25% of the dollar award of all subcontracts to be awarded to business concern(s) that meet either of the two preceding qualifications. Note: You are required to list all subcontractors and owner -operators in your bid statement. 2. X My business does not qualify as a Section 3 business concern. Note: Section 3 business concern definitions are located in this project's Contract Documents & Specifications Manual withip1he section titled Section 3 Economic Opportunities Plait. O8/27/19 Signature of Business Owner Date Panagiotis Leonida President, Secretary and Treasurer Print Name 23A-36 EXHIBIT 12 CITY OF SANTA ANA WOMEN OWNED/MINORITY BUSINESS OWNED ENTERPRISES (W/MBE) GOOD FAITH EFFORTS Project Name: Centennial Park Walkways Improvements (18-7929) and Centennial Park Lighting Improvements (18-7528) Project Number: 18-7929 s 16-7528 Project Location: 3000 W Edinger Ave, Santa Ana, CA 92704 Pursuant to 24 CFR Pail85 § 85.36 (e) of Code of Federal Regulations, contractor must take all necessary affirmative steps to assu re that minority business Firms, women's business enterprises and labor surplus firms are used whenever possible. Contractor shall submit the following information to demonstrate that a goof faith effort has been made to comply with the above section of the Code of Federal Regulations. Submittal of this form, in and of itself, may not provide sufficient documentation to demonstrate that goof faith effort was made. Documentation such as copies of advertisement, letters of solicitation, telephone logs, rejected quotes, etc. shou Id accompany this form. 1. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for W/MBE participation for this project was placed by the bidder: Names of News aver Date of Advertisement Posted an Advertisment on Classifiedad,com 08/26/19 2. The names and dates of written notices sent to 'A'/MBE soliciting bids for this project and methods used for following up initial solicitation to determine with certainty whether the W/MBE were interested. Names of W/MBE Solicited Dates of Solicitation Follow-up Methods and Dates Western Materials- Supplier Decomposed granite 08/26/19 entailed 08/26/19, called Selina Aves 323-579-1112 ext 11 CAT Tracking, Inc. - striping and signing 08/26/19 08/26 emailed estimating @cattracking i ne.co m, spoke to Arthur Garrett 08/26 3. The items of work which the bidder made available to W/MBE lrms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate W/MBE participation, and the information furnished to W/MBE such as plans, specifications, and requirements for the work. Items of Work: concrete & masonry, demolition, excavation and grading, electrical work, erosion control, signing and striping, paving, slurry seal, suppliers, sitawork Breakdown of Items: Itemized to multiple trades or types of work Information Furnished: Plans and specifications made available on emails or upon request per the advedisment free of charge, F �DOCSIPROPSVCSIHUDFORMSIMBIJ5B04AMB- Section3Specs. DOC 23A-3 ■ EXHIBIT 12 (cont.) 4. Efforts made to assist W/MBE in obtaining bonding, lines otcredit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to W/MBE: Plans and specifications made available on emails or upon request per the advertament free of charge 5. Any additional data to support a demonstration of good faith effort, such as contracts with W/MBE assistance agencies: None I declare under penalty of perjury that the foregoing information is true and correct to the best of nay knowledge. I understand that the City of Saota Ana and/or the U.S. Department of Housing and Urban: Development may verify the information provided herein in connection with DU/hIBB compliance evaluationlaudit activities and that failure to fully and truthful!}+ mplete this form may result in economic or other sanctions. Ai /1 Sienature: Name: Panaglotls Leonlda Title: President, Secretary 8 Treasurer Date: oar27n9 Name of Contractor/Subcontractor: Leonida Builders, Inc. Contractor/Subcontractor Identification CSLB no. 896772 Number: Address (Street, City, State, Zip): 15821 Live Oak Springs Canyon Rd, Santa Clarita CA, 91387 Business Racial/Ethnic/Gender Code: Circle the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 5I9ie of the business. When 51% or more is not owned and controlled by any single racial/ethnicity/gender category, circle the code which seems most appropriate. I = White Americans 2 = Black Americans 3 = Native Americans Woman Owned Business: Circle One: Yes or 4 = Hispanic Americans 5 = Asian/Pacific Americans 6 = I Iasidic .Jews L® F•DOCSIPROPSVCSIHUDFORMSIMOU5804AMS-5ec[io13SpecyD00 23A-38 8/26/2019 Requesting Certified Subcontractor/Supplier Bids - Classified Ad Hello, Kelly Orellana not you? Your stuff Help Post an ad ($fie} 1 g t SEARCH Construction Services& ISeareh for_ Remodeling Services: Construction & Remodeling • All Categories • Jobs • Vehicles • Items for Sale • Pets • Real Estate • For Ren • Services • Personals • Community. • All Services • Automotive Services Beauty &Salon Se i -es • Caregivers & Baby Sitting • Cleaning Services • Construction & Remodeling • Financial Services • Health & Wellness • Home Services • Insurance • Lawn & Garden Services • hggal Services bli• rk ing� Services Moving MovingpS Star gQ • Office Services • Real Estate Services • Training & Education services • Web Design & Tech • Weddings & Photogt_apby • Zip or City • Los Angeles: San Gabriel Valley, • Los A geles: Central • More locations —r Your ad has been posted. Post another ad Edit this ad Help page Your stuff Share your ad for more visibility! Santa Ana, CA in Santa SEARCH Ana, CA httpS:Y/ w ..Glassifledads.com/construction_remodeling/l63xwmxdh23A-39 1/3 8/26/2019 Requesting Certified Subcontractor/Supplier Bids - Classified Ad Requesting Certified Subcontractor/Supplier Bids Share & Like Share this u n Ad 4473968537 Created: August26,2019 Updated: August 26, 2019 Expires: September 2, 2019 Viewed: 0 times Avoid scams Signs of fraud: wire transfer, money orders, cashier checks, payment via gift cards, shipping, escrow, "transaction protection", "guarantee". Be safe by dealing locally. Read more R&port this ad Overview Respond to this Ad Ad number:4473968537 Contact Kelly Orellana City:Santa Ana, CA Zip:92703 Posted in: Orange County, Construction & Remodeling Description Estimating, Leonida Builders, Inc. is a General Contractor bidding the City of Santa Ana- Centennial Park improvements Project nos 18- 7929 / 18-7528. This project bids on Wednesday August28, 2019 at 2:00pm. We are requesting bids from all interested Certified Local Business, WBE & MBE. Bids are requested for, but not limited to, the following: Concrete & Masonry Demolition Excavation & Grading Electrical work Erosion Control Irrigation Landscaping Signing and striping Roads and Paving Slurry seal Suppliers - ex. decomposite granite, turncated domes, Site work Please contact us if you would be interested in providing a bid, and we will forward the plans and specifications for your review. Please note, our bid must be delivered to the owner before 2:00ptu on August 28, 2019 Thank you, Leonida Builders, inc. 13851 Santa Ana Ave.. https://www.classifiedads.com/construction_remodeling/l63xwmxdh 23A-40 2/3 8/2612019 Requesting Certified Subcontractor/Supplier Bids - Classified Ad Fontana, CA 92337 Tel:(909) 275-3354 Fax: (95 1) 566-4022 Respond to this Ad Your name Your email Message Send Message Report this ad Type of problem: O Harassment O Spam O Scam or fraud O Wrong category O Violation of terms O Other (please comment) YOLtt' email (optional) kelly(gleonidabuilders.com L7 I would like a response IJRL (optional) Comment (optional) Send report L Sending... k Sending... Ads rdhl[ d to conshvcfion rcmoddiug Remodeling Contractors Fir , Submit Zip Code & Projeer. Second, Get Up To Four Free Quotes. LocalRemodelingQuotes.com Construction Remodeling - Information Here Find Construction Remodeling. Search More Results Here! www.consum •rseareh com/Construction Remodeling esults About Locations More information Terms of Use Privacy Help Contac CareersBBI g © 2019 Class iftedAds.emn, Inc. All rights reserved. hops llwww.classifiedads.com/construction_remodeling/163xwmxclhl 23A-41 3/3 Kelly Orellana From: Kelly Crellana Sent: Monday, August 26, 2019 1:46 PM To: Selina Aves Subject: quote for City of Santa Ana - Centennial Park Improvements project no. 18-7929/ 18-7528 Attachments: Bid Set Centennial Park Site Imp Plans (24x36).pdf Estimating, Could you please provide a quote of 170 CY of Decomposed Granite and any other material you can supply for the project named above. I have attached the plans and specification for your review. Project location: City of Santa Ana, CA Bidding : 08/28/19 I'm using Adobe Acrobat. You can view "190823 Specifications. pdf" at: https:/✓documentcloud.adobe.com/link/track?uri=um%3Aaaid%3Ascds% 3AUS%3A7dO253ff-ad8a-4657-9Oc3- 871285590abb Thank you, Kelly Orellana Executive Office Manager Leonida Builders, Inc. 13851 Santa Ana Ave. Fontana, CA 92337 Tel: (909) 275-3354 Fax: (951)566-4022 23At-42 Kelly Orellana From: Kelly Orellana Sent: Monday, August 26, 2019 12:48 PM To: estimating@cattrackinginc,com Cc: Panikos Leonida Subject: Proposal request for City of Santa Ana - Centennial Park Walkway Improvement Attachments: Bid Set Centennial Park Site Imp Plans (24x36).pdf Estimating, Could you please provide a proposal for the project named above. I have attached the specifications and plans for your review. Please note project bids 08/28/19 at 2:00 pm. Please forward your proposal as soon as possible. I'm using Adobe Acrobat. You can view "190823 Specifications,pdf" at: https://docu mentcloud.adobe.com/I i n k/track? uri=urn%3Aaa id%3Ascds%3AUS%3A7dO253ff-adBa-4657-90c3- 871285590abb Thank you, Kelly Orellana Executive Office Manager Leonida Builders, Inc. 13851 Santa Ana Ave. Fontana, CA 92337 7 el: (909) 275-3354 Pax: (951) 566-4022 23A143 EXHIBIT 14 CERTIFICATION OF NON -SEGREGATED FACILITIES Federally Assisted Projects The Federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their service at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term `segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit local custom or otherwise. The Federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractor(s) for specific time periods) he will obtain identical certifications from proposed subconu'actor(s) prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal Opportunity clause, and that he will retain such certifications in his files. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001 Company: Leonida Builders, im liotis Leomcla Title: President, Secretary & Treasurer Date: 08/27/19 r F'.\DOCS\PROPSVCS\HUOF OR MSMBU5604AMB-Se,[,.n3S,,c DOC 23A-44 To the City of EXHIBIT 15 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Pub] is Contract Code 7106, the bidder declares that the bid is not made in the interest or, 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 set icited any other bidder to put in afalse or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, of conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contact; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Leonida Builders, Inc. Name of Contractor 15821 Live Oak Springs Canyon Rd. Santa Clarita CA. 91387 Address Panagiotis Leonida Signal a and Title President, Secretary & Treasurer 08/27/19 Date F. 00CSTROPSVCSIHU❑ FORM SIMBU5B04AMB- Section35pecs, OOC 23A-45 EXHIBIT 16 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: Leonida Builders, Inc, Date: 08/27/19 Address: 1gR21 1 ive flak Snrinns (.anvnn Rrl Santa Clanta. State: California Zip Code: 91387 Telephone: 909-275-3354 Acting on behalf of the above -named firm as its Authorized Of icial, 1 make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1) No Federal appropriated funds have been paid, by or on behalf of the above -named firm to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of C ongress, or an employee of a Member of Congress in co nnection with the awarding of any Federal contract, the making of any Federal grant, loan, or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof, and 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing of attempting to influence an officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the above -named firm shall complete and submit Standard Form —LET, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 3) The above -named firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name: Panagiotis Leonida Titles Signature: fl Date: President, Secretary & Treasurer 08/27/19 F IDOCSIPROPSVCSIHUDFORMSIMBU5BOdAMB- Secfion35pecs.DOC 23A-46 EXHIBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name: Centennial Park Walkways Improvements (18-7929) and Centennial Park Lighting Improvements (18-7528) Project Number: 18-7929 & 18-7528 This is to certify that the principals and the authorized payroll officer, below, have read and understand the label - standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sibn the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: Panagiotis Leonida Payroll Officer's Name Payroll Officer's Signature Leonida Builders, Inc. Contractor/Subcontractor by Signature Panagiotis Leonida Printed Name President, Secretary & Treasurer Title 08/27/19 Date 896772 / A. B, & C-8 Contractor/Subcontractor License No. 060926434 WNS Number FIDOCSIPROPSVCSIHUDFORMSIMBUSD04AMB-SWrli 35pecs DOC 23A-47 8/27/2019 Search Results I System for Award Management vim. e...ds lane, I'nr NAll.aul Wi iM A NPWWAYTO SIGN IN- iryoualucad,h,ve . µ1 rrmNou"No axn>:,°:". aSAKI occoun[, use your SAM email for logiagov. Imatmgov FAQn ® euaor.akM.......1 to Mnm( xirtduletl malmenonre sammay, ogry4(2px9 M1om 8:oo AM nu:op NM (8pT), Search Results Current Search Terms: Leonida builders, inc.4 nt11 a lord>I I Save PDF Export Results Pdnt I s ill P I, ( t . , I, r, I. �eacending. •� Your search for Leonida builders, Me.' rchlrned the tollcnvin,g results... 11ntlS- LFONIDA BUILDERS, INC. DWi S: Ioul-s4.44 Has Acli„e Gxduson: No 3XID atlon Ento e7/m/2e=e rn:yM.m ereesi,vauen:.w m.eres R:c.enl. Itl�r I C :-LCotle: 7ERP. Vkx�Ce[alls ooDAAc, oeu.orjmtrpotts t1: No 3::arr_t Itdi,,dx Piv6dlnCu ItAPI l4 ;eov Dula3ttma deer"ibilil: Gg1g.ejl-V, CIr"u Slnole rvn'," Rdiq• Ge:;' , , alnn:l I Iti M1 Ro: I I,lp Save Per Export Results Prn[ https:H1 .sam.gov/SAM/pages/public/searchRecords/search Resul'23 A —48 1/1 8/28/2019 Company Update - Dun & Bradstreet Jeild56C 1.800.700.2733 Selected Company: LEONIDA BUILDERS, INC. D-U-N-S M 06-092-6434 Overview Business Summary Company Name: LEONIDA BUILDERS, INC. D-U-N-S M 06-092-6434 DBA's: N/A Address: 15821 Live Oak Springs Canyon Rd City: Santa Clarita State: CA Zip: 91387 Phone: 9515327717 Principal: PANAGIOTIS LEONIDA Year Started: 2011 Employs: 24 which includes officer(s). SIC Code(s): 15420101 Commercial and office building, new construction 15419905 Industrial buildings, new construction, nec NAICS Code(s): 236210 Industrial Building Construction 236220 Commercial and Institutional Building Construction Legal Structure: CORPORATION Special Events There have been no special events repoiled to D&B for this company. History and Operations Officers and Directors Current Officers Name Title PANAGIOTIS LEONIDA PRESIDENT Current Directors Name PANAGIOTIS LEONIDA Company History Welcome, Panaeiolis x Sign out 23A-49 httpsl/www.dandb.com/product/ecomm/companyupdatePrintReport?execution=e3s 1 1/8 8/28/2019 Company Update - Dun & Bradstreet Contractor of industrial buildings. Contractor of nonresidential buildings, specializing in new construction of commercial or office buildings. Territory : Local. Operations Employees 24 which includes officer(s). Facilities Occupies premises in building. Location Central business section on side street. U.S. Branch There are currently no U.S. branches listed in this company report. U.S. Subsidiary There are currently no U.S. subsidiaries listed in this company report International Branch There are currently no international branches listed in this company report. International Subsidiary There are currently no international subsidiaries listed in this company report. Payments Payment Summary Total Total Dollai Largest High Credit 'A"i nays Slow Received Amount Payment summary Terms <31 3'1-60 51-90 01+ Tap Industries Short -turn busn credit 1 2 Public finance 2 1 Misc business credit 2 Nonclassified 2 What lumber/millwork 1 Mfg structural metal 1 Mfg read ymix concrete Misc equipment rental 1 Personal credit 1 Insurance carrier 1 Other Categories $50,000 I $8 500 $2,750 I $1,250 i $100,000 $100,000 $55,000 $7,500 $1,000 $250 $40,000 80% 10 10 0 0 $7,500 88% 12 0 I 0 0 $2,500 55% 0 45 0 0 $750 100% 0 0 0 0 $100,000 50% 0 0 50 0 $100.0001 50% 1 50 0 0 0 $55,000 0% $7.500 0% $1,000 100% $250 100% Cash experiences 7 $1,400� $250 23A-50 https://www.d a nd b.com/p rod u ct/e co m mtcom pa nyu pdatePri ntReport?execution=e3s 1 50 0 50 0 0 50 50 0 0 a 0 0 0 0 0 0 218 8/28/2019 Company Update - Dun & Bradstreet Total Total Dollar Largest High Credit Within Days Slow Received Amount Payment surnniory Terms <31 31-60 61-90 91, Unknown 0 $0 $0 —1 Unfavorable 0 $0 $0 comments Placed for collections 0 $0 $0 with D&B: I Other 1 0 WA $0 Total In D&B's file 21 $327.650 $100,000 The highest Now Owes on file Is $75,000 The highest Past Due on file is $75,000 There are 21 payment experience(s) In D&Bs file for the most recent 24 months, with 12 experience(s) reported during the last three month period - Payment Details Total (Last 24 Months): 21 Dato 0 Paying Record High Credit Now Owes Past Due Selling Terms Last sale ,If (Mo ) 0712019 Ppt $1,000 $1,000 $0 1 mo 0712019 Pet $750 $750 $0 1 me 0712019 Pet $500 $500 $0 1 me 07/2019 Ppt-Slow 30 $100,000 $75,000 $75,000 N30 Imo 07/2019 Ppt-Slow 60 $2,500 $1000 $0 1me 07/2019 Ppt-Slow 90 $100,000 $75,000 $20.000 1me 07/2019 Slaw 30-90 $55,000 $45,000 $35,000 N30 1 me 0712019 Slow 60-90 $7,500 $0 $0 1 me 07/2019 (009) $250 .so $0 Cash account 1 me O6/2019 (010) $250 - -- Cash account 1 me I 06/2019 (011) $50 -- -- Cash ecccunt 1 me 0512019 Ppt $40,000 $40,000 $0 1 me 9 0312019 (013) $100 - - Cash account 1 me 1012018 (014) $250 - -- Cash account 1 me 0912018 Ppt - - - $0 $250 $0 1 me 0712018 Slow $1,000 - - 1 me 042018 Slow 30-60 $10,000 $10,000 $500 2-3 me. 0312018 (018) $250 - - 1 me 0312018 (019) $250 -- - Cash account 1 me 0212018 Pot $7,500 - - 1 Me 122017 (021) $250 - -- Cash account 1 me Payments Detail Key: Ni 30 or more days beyond terms 23A-51 https://www.d a nd b. co m/prod uct/ecom m/co m pa nyu pdate Pri nt Re po rt?execution=e 3s 1 3/8 8/28/2019 Company Update - Dun & Bradstreet Accounts are sometimes placed for collection even though the existence or amount of the debt is disputed. Payment experiences reflect how bills are met in relation to the terms granted. In Some Instances payment beyond terms can be the result of disputes over merchandise, skipped Invoices etc. Each experience shown is from a separate supplier, Updated trade experiences replace those previously reported. Finances Key Financial Comparisons This Company's Operating Results Year Over Year Net Sales NA NA NA Gross Profit NA NA NA Net Profit NA NA NA 1 Dividends! Withdrawals NA NA NA Working Capital NA NA i NA This Company's Assets Year Over Year Cash NA NA NA Accounts Receivable NA NA NA Notes Receivable NA NA NA I Inventories NA NA NA Other Current NA NA NA Total Current NA I NA NA Fixed Assets NA NA NA Other Non Current NA NA NA Total Assets NA NA NA This Company's Liabilities Year Over Year Accounts Payable NA NA NA Bank Loan NA NA NA Notes Payable NA NA NA Other Current NA NA NA Total Current NA NA NA Long Term Debt NA NA NA Defferred Credit NA NA NA I Net Worth NA NA NA Total Liabilities And Net Worth NA NA NA Balance Sheet Fiscal Consolidated Statement Dated 23A-52 https:/1vvwwv.dandb,comlproducUecomm/companyupdatePrintReport?execution=e331 418 8/28/2019 Company Update - Dun & Bradstreet We currently do not have any recent financial statement on file for this business. Key Business Ratios (Industry Median is based on this number of firms: ) Me it ustry This Company - IndCuardle r.9ediao Solvency Quick Ratio NA NA NA Current Ratio NA NA NA Current Liabilities to Net Worth NA NA NA Current Liabilities to Inventory NA NA NA Total Current NA NA NA Fixed Assets to Net Worth NA NA NA Efficiency Collection Period NA NA NA Inventory Turn Over - NA NA NA Sales to N1NC NA NA NA Acct Pay to Sales NA NA NA Profitability Return on Sales NA NA NA Return on Assets NA NA NA Return on NetWorth NA NA NA Public Filings Summary This following public filing data includes both open and closed Filings found in D&S'c database on this company. It Is for informational purposes only and is not the official record, Certified copies can be obtained from the official source. Record Type 1 of Rec*.rds Mnsl Recent Filing Dale UCC Filing 6 02115/0019 Government History 1 N/A Details 23A-53 https://w .dandb.comlproduct/ecomm/companyupdatePrintReport?execution-e3s1 5/8 8/28/2019 Company Update - Dun & Bradstreet j I . . . . . . . is No judgments have been reported to D&B on this company. ;iulD Type: Secured Party, Debtor: Filing Number: Filed With: Date Filed: Latest Info Received: Original Filing Number: Original UCC Filed Date; Collateral: Type: Secured Party: Debtor: Filing Number: Filed With: Data Filed: Latest Info Received: Original Filing Number: Original UCC Filed Date: No liens have been reported to D&B on this company. No suits have been reported to D&B on this company. All Inventory and proceeds - All Account(s) and proceeds -AII General intangibles(s) and proceeds -AII Equipment and proceeds - All Chattel paper and proceeds Original JPMORGAN CHASE BANK, NA, LOUISVILLE, KY LEONIDA BUILDERS, INC. 177600272648 08/08117 08/25/17 All Inventory and proceeds - All Account(s) and proceeds - All General intangibles(s) and proceeds - All Equipment and proceeds -AII Chattel paper and proceeds Original JPMORGAN CHASE BANK, NA, LOUISVILLE, KY LEONIDA BUILDERS, INC. 167546776150 09/20/16 10/07/16 Collateral: Equipment including proceeds and products Type: Original Secured Party: CIT BANK, N.A., JACKSONVILLE. FL Debtor: LEONIDA BUILDERS, INC. Filing Number: 197690652550 Filed With: Date Filed: 01/07/19 Latest Info Received: OV25119 Original Filing Number: 23A-54 https://y.dandb.com/producUecomm/companyupdatePrintReport?execution=e3s1 a 8/28/2019 Company Update - Dun &. Bradstreet Original UCC Filed Date; Collateral: Equipment and proceeds Type: Original Secured Party: WESTERN EQUIPMENT FINANCE, INC., DEVILS LAKE, ND Debtor: LEONIDA BUILDERS, INC, Filing Number: 187688294043 Filed With: Date Filed; 12/19/18 Latest Info Received: 01/04/19 Original Filing Number: Original UCC Filed Date: Collateral: Equipment and proceeds Type: Original Secured Party, WELLS FARGO BANK, N.A., LINCOLNSHIRE, IL Debtor: LEONIDA BUILDERS, INC. Filing Number: 177618885485 Filed With: Date Filed: 11/30/17 Latest Info Received: 12/12/17 Original Filing Number: Original UCC Filed Date: Collateral: Type; Original Secured Party: CATERPILLAR FINANCIAL SERVICES CORPORATION, NASHVILLE, TN Debtor; LEONIDA BUILDERS, INC. Filing Number: 197697304107 Filed With: Date Filed: 02M4/19 Latest Info Received: 02/15/19 Original Filing Number: Original UCC Filed Date: G'anhrnpp;ias No bankruptcies have been reported to D&B on this co,pany. G,IV cr nrv,on t l lI; rniy Borrower(Dir/Guar): NO Administrative Debt: NO Contractor: NO Grantee: NO Party excluded NO from federal prograni Labor Surplus Area: N/A Small Business: YES (2019) S(A) Firm: NIA 23A-55 https:)/www.dandb.com/product/ecomm/compa nyupdatePri ntReport?execution=e3s 1 7/8 a/28/zots Company Update - Dun & Bradstreet Privacy Policy ( Terms of Use 23A-56 https://w .dandb.com/product/ecomm/companyupdatePrintReport?execution-e3sl 8/8 Federally Required Documents to be Submitted with Your Bid Proposal Packet and Prior to the Award of Contract Specific federal requirements must be met for this U.S. Department of Housing and Urban Development (I IUD) funded project. The Citv of Santa Ana's Contact: Community Development Agency City of Santa Ana 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 Phone (714) 647-5445 Fax (714)647-6549 www.santa-ana.orei THIS CONTRACT IS SUBJECT TO SFCTION 3 RF.OifIRF.MFNTS_ The following documents) MUST be fully tilled out and sobmittcd with the bird nronnsal nick; • Proof of registration in the System forAward Management to be filed by contractor • Proof of registration in the D&B Data Universal Numbering System (111LLt:U_hrnrlrrte. do b. cnn�/i Clndnte%onmcrn vinnkunJa toil Section 3 Contract Clause (Exhibit 1). To be filed by contractor. • New Ffire Calculation Form (Exhibit 2). To be filed by contractor. • Contractor's Section 3 Affirmative Action Plan (Exhibit 8). To be filed by contractor. • Section 3 Cond•actAward Considerations (Exhibit 9). To be filed by contractor. • Women/Minority Business Owned Enterprises Good Faith Efforts (Exhibit 12). To be filed by contractor. • Noncollusion Affidavit (Exhibit 15). To be filed by contractor. • Federal Lobbyist Requirements Certification (Exhibit 16). To be filed by contractor. • Certification and Understanding gfAathorization (Exhibit 17). To be filed by contractor and subcontractor(s). • *Additional Wage Rate Classification.* if the contractor needs an additional job classification, the contractor must submit -with the bid package a written, signed request naming the work classification(s) and the wage rate(s), including any fringe benefits that are proposed. The following document(s) shall be completed by the contractor and/or subcontractor(s), as specified, and filed with the City's Labor/Section 3 Contact prior to award of contract on the project: • Proof of registration in the System for Award Management (www.sane.gov) to be Bled by subcontractor(s) • Section 3 Contract Clause (Exhibit 1). To be filed by subcontractor • Project Wage Rate Sheet To be filed by contractor and any subcontractor(s). 23A-57 The following document(s) shall be completed by the contractor and/or subcontractor(s), as specified, and filed with the City's Labor/Section 3 Contact prtor to start of con-gryction on the project: • Section 3 Employment Opportunity Notice (Exhibit 3). To be filed by contractor and any subcontractor(s). Section 3 Resident Certification Form (Exhibit 4). To be filed by contractor and subcontractor(s). • Section 3 Business Concern Opportunity Notice (Echihit 5). To be tiled by contractor. • Section 3 Business Concern Eligibility Certificate (Exhibit 6). To be filed by contractor and subcontractor(s). • Certification for Applicable Fringe Benefit Payments (Exhibit 13). To be filed by contractor and any subcontractor(s). • Cei4ificatioit ofNon-Segregated Facilities (Eshibit 14). To be tiled by contractor and any subcontractor(s). • Certiftcation with Regard to the Performance ofPrevious Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing ojRequired Reports. To be filed by contractor and any subcontractor(s). Note: The prime contractor is responsible for the frill compliance of all employers (subcontractors) In regard to labor standards, Section 3 provisions, and W/MBE provisions applicable to this project. 23A-58 NOTICE: "This is a federally assisted construction project (CDBG funded) and Federal labor standards, including Davis -Bacon &Section 3 requirements, will be enforced." 23A-59 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT HUD FORM 4230A REPORT OF ADDITIONAL CLASSIFICATION AND RATE OMB Approval Numbar 2501-00I1 (Exp, 09/3012006) 1. FROM (name and address of requesting agency) Ct%y o P �/1, f�12�C 2. PROJECT NAME AND NUMBER e��anni� l yat-k h/alkrvl y lmpm an.4Tark II 9 hh ►► itr0WPUvti+— -742--q -7 $- 1 3. LOCATION OF PROJECT (City, County and State) G4-�'r o/ , krt �Jrcrn P C 4. BRIEF DESCRIPTION OF PROJECT 5. CHARACTER OF CONSTRUCTION L2r ❑ Building ZROSIdential ❑ Heavy her(specify) ❑ Highway 6. WAGE DECISION NO. (include modification number, if any) 7. WAGE DECISION EFFECTIVE DATE C142D190017 I/2-Lq1a1' COPY ATTACHED a. WORK CLASSIFICATION(S) HOURLY WAGE RATES BASIC WAGE FRINGE BENEFIT(S) (if any) muck, , -r-_ 9. PRIME CONTRACTOR (n me, address) Lunt q %d-l:5,,1 //ZC 10. SUBCONTRACTOWEMPLOYER, IF APPLICABLE (name, address) rS2/ c tJ'V Dak- sprin tag yort Rol. r/ CCe2r,, G`'fi/3d Check All That Apply: ❑ The work to be performed by the additional classification(s) is not performed by a classification in the applicable wage decision. ❑ The proposed classification is utilized in the area by the construction industry. ❑ The proposed wage rale(s), including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage decision. [] The interested parties, including the employees or their authorized representatives, agree on the classification(s) and wage rate(s). Supporting documentation attached, inCludi ig applicable wage decision. Check One: ❑ Approved, meets all criteria. DOL confirmation requested. ❑ One or more classifications fail to meet all criteria as explained in agency referral. DOL decision requested. FOR HUD USE ONLY LR2000: Agency Representative Dare Log in: (Typed name and signature) Log out: Phone Number HUD-423M(e.04) PREVIe113 EOmON I6 O65OLETE us r 23A-60 8/28l2019 beta.SAM.gov "General Decision Number: CA20190017 07/26/2019 Superseded General Decision Number: CA20180028 State: California Construction Type: Residential Counties: Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura Counties in California. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) Note: Under Executive Order, (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after lanuary 1, 2015. If this contract is covered by the ED, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the ED and a classification considered necessary for performance of work on the contract does not appear• on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CPU 5.5(a)(1)(ii) (or the ED minimum wage rate,if it is higher than the conformed wage rate). The ED minimum wage rate will be adjusted annually. Please note that this ED applies to the above -mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR S.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the ED is available at www.dol.gov/whd/govcontracts. 23A-61 https:/ibeta. sam.gov/wage-determination/CA20190017/4/document 1 /49 8/28/2019 Modification Number 0 1 2 3 4 A5BE0005-002 e7/01/2018 Publication Date 01/94/2019 02/01/2019 e2/22/2019 05/03/2019 07/26/2019 Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, protective coverings, coatings, and finishes to all types of mechanical systems)..,.,$ 39.72 20.81 Fire Stop Technician (Application of Firestopping Materials for wall openings and penetrations in walls, floors, ceilings and curtain walls) ...........................$ 27.92 19.31 ASBE0005-004 07/02/2018 Rates Fringes Asbestos Removal worker/hazardous material handier (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) ... ,$ 19.93 11.72 * BRCA0004-001 05/01/2018 Rates Fringes beta.SAM.gov Bricklayer; Marble Setter Los Angeles County ..... .....$ 39.91 15.4S Orange County ...............$ 39.13 " " 2 3A-62 https://beta.sam.gov/wage-determination/CA20190017/4/document 2/49 8/28/2019 beta.SAM.gov Riverside 6 San Bernardino Counties ....................$ 39.07 14.57 Ventura County ..............$ 39.22 16.93 *The wage scale for prevailing wage projects performed in Blythe, China lake, Death Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate BRCA0004-004 11/91/2017 IMPERIAL Rates Fringes BRICKLAYER; MARBLE SETTER .... ...-$ 47.36 16.79 * BRCA0004-009 05/01/2018 SAN LUIS OBISPO AND SANTA BARBARA COUNTIES Rates Fringes BRICKLAYER; MARBLE SETTER ........ $ 40.34 15.10 *The wage scale for prevailing wage projects performed in Blythe, China lake, ❑eath Valley, Fort Irwin, Twenty -Nine Palms, Needles and 1-15 corridor (Barstow to the Nevada State Line) will be Three Dollars ($3.00) above the standard San Bernardino/Riverside County hourly wage rate ---------------------------------------------------------------- BRCA0018-001 07/01/2017 Rates Fringes MARBLE FINISHER... ........ ...... $ 30.93 12.95 TILE FINISHER__ .............. $ 25.98 11.23 ------------- ORCA0019-002 07/01/2017 SAN LUIS 09ISPO AND SANTA BARBARA Rates Fringes 23A-63 https://beta.sam.gov/wage-determination/CA20190017/4/document 3/49 8/28/2019 beta.SAM.gov TILELAVER .......................$ 37.76 16.37 BRCA0018-003 07/01/2017 IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO & VENTURA Rates Fringes TILE LAVER .......................$ ---------------------------------------------------------------- 37.76 16.37 BRCAOOIS-010 09/01/2017 Rates Fringes TERRAZZO FINISHER ................$ 29.75 12.91 TERRAZZO WORKER/SETTER ........... $ 36.75 13.92 -------------------------------------------------------------- CARP0409-003 07/01/2018 Rates Fringes Drywall (1) Work on Wood -Framed Single Family Homes, and Wood -Framed Apartment Buildings up to and including 4 Stories Drywall Installer/Lather ... $ 22.10 11.08 stocker/Scrapper ....... ....$ 10.00 6.67 (2) All other Work Drywall Installer/Lather...$ 42.41 19.17 Stocker/Scrapper ...... .....$ 10.00 6.67 --------------._______.______--_______.________------_----------- CARP0409-004 07/01/2018 Work on wood frame single family homes and apartments up to and including 4 stories: Rates Fringes CARPENTER Cabinet installer...........$ 41.84 17.48 2 3A-64 hops://beta.&am.gcv/wage-determination/CA20190017/4/document 4/49 8/28/2019 bela.SAM.gov Fence builder ...............$ 31.63 16.73 Framer & finish carpenter...$ 42.54 17.48 Insulation installer........$ 41.84 17.48 Roof loader of shingles...,. 16.32 11.58 Shingler.....................$ 28.70 11.58 Subterranean garage concrete construction and carpenters performing on grade slab concrete construction ................$ 28.18 11.58 CARP0469-009 07/01/2008 Rates Fringes Modular Furniture Install er...... $ 19.00 7.41 ----------------------------------------- ELECO011-003 01/30/2017 LOS ANGELES Rates Fringes ELECTRICIAN (does not include fire alarm, hold-up alarm, burglar alarm and surveillance systems) ............ $ 20.20 9.70 ELECOOII-006 12/31/2018 COMMUNICATIONS AND SYSTEMS WORK LOS ANGELES COUNTY Rates Fringes Communications System Installer ...................$ 36.07 3%+14.43 Technician ..... ......... ....$ 33.30 3%+27.82 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect, 2 3A-6 rJ https://beta.sam.gov/wage-determination/CA20190017/4/document 5/49 8/28/2019 beta.SAM.gov microwave transmission, multi -media, multiplex, nurse call systems, radio page, burglar alarms and fire alarms. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. ' ELEC0413-002 01/01/2019 SANTA BARBARA COUNTY Rates Fringes Electricians ......... .............$ 31.50 3%+3.00 WORK AT VANDENBERG AFB: $3.75 additional per hour, ________________________________________________________________ ELEC0413-004 12/31/2018 COMMUNICATIONS AND SYSTEMS WORK SANTA BARBARA COUNTY Rates Fringes Communications System Installerr.....................$ 35.12 3G+12.71 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect, microwave transmission, multi -media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below). Communication Systems that transmit or receive informations and/or control systems that are intrinsic to the above 2 3A-6 /„� V https://beta,sam.gov/wage-determination/CA20190017/4/document 6/49 8/28/2019 beta.SAM.gov listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or, multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Fire alarm work shall be performed at the current inside electrician total cost package. ELEC0440-002 01/01/2018 RIVERSIDE Rates Fringes ELECTRICIAN ...................... 1 39.77 23.24 ELEC0440-005 12/31/2018 COMMUNICATIONS AND SYSTEMS WORK RIVERSIDE AND SAN BERNARDINO COUNTIES Rates Fringes Communications System Installer ,,,,,,,,,,,,,,,,,,,$ 33.09 15.89 Technician ..................$ 33.09 15.89 SCOPE OF WORK: Installation, testing, service and maintenance OE systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect, microwave transmission, multi -media, multiplex, nurse call systems, radio page, burglar alarms and fire alarms. Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding 2 3A-6 1 7 https://beta.sam.gov/wage-determinaticn/CA20190017/4/document 7/49 8/28/2019 beta SAM.gov installation of raceway systems, conduit systems, line voltage work, and energy management systems. ------------------------------------------___--_-_---____--__-_ ELECe441-002 02/25/2019 ORANGE Rates Fringes ELECTRICIAN ................. ....$ 26.50 9.11 ---------------------------------------------------------------- ELEC0477-003 12/31/2019 SAN BERNARDINO Rates Fringes ELECTRICIAN ..... .......... ........ $ 27.25 3%+7.10 ----------___•----------------------------------------""-------- ELECBS69-003 06/04/2018 IMPERIAL Rates Fringes ELECTRICIAN 1 to 3 Stories_. ...... 33.38 3%+6.61 ---------------------------------------------------------------- ELECO639-002 03/01/2017 SAN LUIS OBISPO Rates Fringes ELECTRICIAN.. .....................$ 23.50 7.72 -------------------------------------------- ELECO639-003 12/26/2016 COMMUNICATIONS AND SYSTEMS WORK SAN LUIS OBISPO COUNTY Rates Fringes Communications System 2 3A-68 https:iibeta.sam.gov/wage-determination/CA20190017/4/document 8149 8/28/2019 beta.SAM.gov Installer,,,,,,,,,,,,,,,,,,,$ 32.50 11.66 Technician ...................$ 30.89 11.66 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect, microwave transmission, multi -media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below). Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Fire alarm work shall be performed at the current inside electrician total cost package. --- ---------------------------------------"--- ELECO952-002 12/31/2018 VENTURA Rates Fringes CABLE SPLICER All work within 32 road miles or less from the nearest base point..... ..... $ 43.73 27.41 ELECTRICIAN All work within 32 road miles or less from the nearest base point.....,,,,,$ 39.08 26.99 ALL WORK MORE THAN 32 ROAD MILES FROM NEAREST BASE POINT: Add $5.00 to the basic hourly rate. BASE POINTS: the main Post Office in the cities of Camarillo, Oak View, Oxnard, Santa Paula and Ventura. 23A-69 https:lfbeta.sem.gov/wage-determinationiCA20190017/4/dccument 9149 8/28/2019 beta.SAM.gov ---------------------------------------------------------------- ELECO952-004 12/31/2018 COMMUNICATIONS AND SYSTEMS WORK VENTURA COUNTY ONLY Rates Fringes Communications System Installer .......... ......... $ 34.37 14.61 Technician, .............. ..,$ 30.10 12.78 SCOPE OF WORK: Installation, testing, service and maintenance of systems utilizing the transmission and/or transference of voice, sound, vision and digital for commercial, educational, security and entertainment purposes for the following: TV monitoring and surveillance, background - foreground music, intercom and telephone interconnect, microwave transmission, multi -media, multiplex, nurse call systems, radio page, burglar alarms and fire alarm (see last paragraph below). Communication Systems that transmit or receive information and/or control systems that are intrinsic to the above listed systems; inclusion or exclusion of terminations and castings of conductors determined by their function; excluding all other data systems or multiple systems which include control function or power supply; excluding installation of raceway systems, conduit systems, line voltage work, and energy management systems. Fire alarm work shall be performed at the current inside electrician total cost package. ELEVOOOS-004 01/91/2019 SAN LUIS OBISPO Rates Fringes ELEVATOR MECHANIC. ...... ........ $ 67.56 34.125 FOOTNOTE: PAID VACATION', Employer contributes 8% of regular hourly 2 3A-7 0 https:/Ibeta.sam.gov/wage-determination/CA20190017/4/document 10/49 8/2812019 beta.SAM.gov rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. -------------------------- ELEV0018-004 el/01/2019 IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND VENTURA Rates Fringes ELEVATOR MECHANIC ................$ 55.58 34.125 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular, hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ENGIO012-001 07/01/2018 Rates Fringes OPERATOR: Power Equipment (Cranes, Piledriving & Hoisting) GROUP I ....................$ 46.65 25.25 GROUP 2....................$ 47.43 25.25 GROUP 3....................$ 47.72 25.25 GROUP 4......... ...........$ 47.86 25.25 GROUP 5....... ............. $ 48.08 25.25 GROUP 6— ....... ......... 48.19 25.25 GROUP 7....................$ 48.31 25.25 GROUP 8— .................. 48.48 25.25 GROUP 9....................$ 48.65 25.25 GROUP 10....................$ 49.65 25.25 GROUP 11....................$ 50.65 25.25 GROUP 12....................$ 51.65 25.25 GROUP 13............... _...$ 52.65 25.25 2 3A-7 1 https://beta.Sam.gGViW age-determ ination/CA20190017/4/document 11 /49 8/2812019 OPERATOR: Power Equipment GROUP I ....................$ 45.30 25.2S GROUP 2....................$ 46.08 25.25 GROUP 3....................$ 46.37 25.25 GROUP 4....................$ 47.86 25.2S GROUP 5............ ........ $ 45.96 25.25 GROUP 6....................$ 48.08 25.2S GROUP 7....................$ 49.18 25.25 GROUP 8....................$ 48.19 25.25 GROUP 9....................$ 49.29 25.25 GROUP 10....................$ 48.31 25.25 GROUP 11..................- $ 49.41 25.25 GROUP 12....................$ 49.48 25.25 GROUP 13....................$ 48.58 25.25 GROUP 14....................$ 48.61 25.25 GROUP 15....................$ 48.69 25,25 GROUP 16....................$ 48.81 25.25 GROUP 17....................$ 48.98 25.25 GROUP 1B..... - .............$ 49.08 25.25 GROUP 19....................$ 49.19 25.25 GROUP 20....................$ 49.31 25.25 GROUP 21....................$ 49.48 25.25 GROUP 22....................$ 49.58 25.25 GROUP 23....................$ 49.69 25.25 GROUP 24....................$ 49.81 25,25 GROUP 25....................$ 49.98 25.25 PREMIUM PAY: $3.75 per hour shall be paid on all Power Equipment Operator work on the followjng Military Bases China Lake Naval Reserve, Vandenberg AFB, Point Arguello, Seely Naval Base, Fort Irwin, Nebo Annex Marine Base, Marine Corp Logistics Base Yermo, Edwards AFB, 29 Palms Marine Base Workers required to suit up and work in a hazardous material environment: $2.00 per hour additional. Combination mixer and compressor operator on gunite work shall be classified as a concrete mobile mixer operator. CRANES, PILEDRIVING AND HOISTING EQUIPMENT CLASSIFICATIONS GROUP 1: Engineer oiler; Fork lift operator (includes Toed, lull or similar types) beta.SAM.gov GROUP 2: Truck crane oiler 23A-72 https:/lbeta.sam.govlwage-determiratio n/CA2019001714ldc cum ent 12149 8/2812019 bela.SAM.gov GROUP 3; A -frame or winch truck operator; Ross carrier operator (jobsite) GROUP 4: Bridge -type unloader and turntable operator; Helicopter hoist operator GROUP 5: Hydraulic boom truck; Stinger crane (Austin -Western or similar type); Tugger, hoist operator (1 drum) GROUP 6: Bridge crane operator; Crater crane operator; Hoist operator (Chicago boom and similar type); Lift mobile operator; Lift slab machine operator (Vagtborg and similar types); Material hoist and/or manlift operator; Polar gantry crane operator; Self Climbing scaffold (or similar type); Shovel, backhoe, dragline, clamshell operator (over 3/4 yd, and up to 5 cu. yds. mrc); Tugger hoist operator GROUP 7: Pedestal crane operator; Shovel, backhoe, dragline, clamshell operator (over 5 cu. yds. mrc); Tower crane repair; Tugger hoist operator (3 drum) GROUP 8: Crane operator (up to and including 25 ton capacity); Crawler transporter operator; Derrick barge operator (up to and including 25 ton capacity); Hoist operator, stiff legs, Guy derrick or similar type (up to and including 25 ton capacity); Shovel, backhoe, dragline, clamshell operator (over 7 cu, yds., M.R.C.) GROUP 9: Crane operator (over 25 tons and up to and including 50 tons mrc); Derrick barge operator (over 25 tons up to and including 50 tons mrc); Highline cableway operator; Hoist operator, stiff legs, Guy derrick or similar type (over 25 tons up to and including 50 tons mrc); K-crane operator; Polar crane operator; Self erecting tower crane operator maximum lifting capacity ten tons GROUP 10: Crane operator (over 50 tons and up to and including 100 tons mrc); Derrick barge operator (over 50 tons up to and including 100 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 50 tons up to and including 100 tons min), Mobile tower crane operator (over 50 tons, up to and including 100 tons M.R.C.); Tower crane operator and tower gantry GROUP 11: Crane operator (over 100 tons and up to and including 200 tons mrc); Derrick barge operator (over 100 A / 3A- 17 3 https:i/beta.sam.gov/wage-determination/CA20190017/4/document 13/49 8/2812019 beta, SAM.gov tons up to and including 200 tons mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 100 tons up to and including 200 tons mrc); Mobile tower crane operator (over 200 tons up to and including 200 tons mrc) GROUP 12: Crane operator (over 200 tons up to and including 300 tons mrc); Derrick barge operator (over 200 tons up to and including 300 tans mrc); Hoist operator, stiff legs, Guy derrick or similar type (over 200 tons, up to and including 300 tans mrc); Mobile tower crane operator (over 200 tons, up to and including 300 tons mrc) GROUP 13: Crane operator (over 300 tons); Derrick barge operator (over 300 tans); Helicopter pilot; Hoist operator, stiff legs, Guy derrick or similar type (over 300 tons); Mobile tower crane operator (over 300 tons) POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Bargeman; Brakeman; Compressor operator; Ditch Witch, with seat or similar type equipment; Elevator operator -inside; Engineer Oiler; Forklift operator (includes lord, lull or similar types under 5 tans; Generator operator; Generator, pump or compressor plant operator; Pump operator; Signalman; Switchman GROUP 2: Asphalt -rubber plant operator (nurse tank operator); Concrete mixer operator -skip type; Conveyor operator; Fireman; Forklift operator (includes load, lull or similar types over 5 tons; Hydrostatic pump operator; oiler crusher (asphalt or concrete plant); Petromat laydown machine; P3U side dum jack; Screening and conveyor machine opprator (or similar types); Skiploader (wheel type up to 314 yd. without attachment); Tar pot fireman; Temporary heating plant operator; Trenching machine oiler GROUP 3: Asphalt -rubber blend operator; Bobcat at, similar type (side steer); Equipment greaser (rack); Ford Ferguson (with dragtype attachments); Helicopter radioman (ground); Stationary pipe wrapping and cleaning machine operator GROUP 4: Asphalt plant fireman; Backhoe operator (mini -max or similar type); Boring machine operator; Boxman or mixerman (asphalt or, concrete); Chip spreading machine operator; Concrete cleaning decontamination machine operator; Concrete Pump Operator (small portable); Drilling machine ` n 3A- 1 4 https:llbeta.sam.gov/wage-determination/CA2019001 7/4ldocu ment [[fER] 8/28/2019 beta.SAM.gov operator, small auger types (Texoma super economotic or similar types - Hughes 100 or 200 or similar types - drilling depth of 30' maximum); Equipment greaser (grease truck); Guard rail post driver operator; Highiine cableway signalman; Hydra -hammer -hero stomper; Micro Tunneling (above ground tunnel); Power concrete curing machine operator; Power concrete saw operator; Power -driven jumbo form setter operator; Power sweeper operator; Rock Wheel Saw/Trencher; Roller operator (compacting); Screed operator (asphalt or concrete); Trenching machine operator (up to 6 ft.); vacuum or much truck GROUP 5: Equipment Greaser (Grease Truck/Multi Shift). GROUP 6: Articulating material hauler; Asphalt plant engineer; Batch plant operator; Bit sharpener; Concrete joint machine operator (canal and similar type); Concrete planer operator; Dandy digger; Deck engine operator; Derrickman (oilfield type); Drilling machine operator, bucket or auger types (Calweld 100 bucket or similar types - Watson 1000 auger or similar types - Texoma 330, 500 or 600 auger or similar types - drilling depth of 45' maximum); Drilling machine operator (including water wells); Hydrographic seeder machine operator (straw, pulp or seed), Jackson track maintainer, or similar type; Kalamazoo Switch tamper, or similar type; Machine tool operator; Maginnis internal full slab vibrator, Mechanical berm, curb or gutter(concrete or asphalt); Mechanical finisher operator (concrete, Clary -Johnson -Bidwell or similar); Micro tunnel system (below ground); Pavement breaker, operator, (truck mounted); Road oil mixing machine operator; Roller operator (asphalt or finish), rubber -tired earth moving equipment (single engine, up to and including 25 yds. struck); Self-propelled tar pipelining machine operator; Skiploader operator (crawler and wheel type, over 3/4 yd, and up to and including 1-1/2 yds.); Slip form pump operator (power driven hydraulic lifting device for concrete forms); Tractor operator -bulldozer, tamper -scraper (single engine, up to 100 h.p. flywheel and similar types, up to and including D-5 and similar types); Tugger hoist operator (1 drum); ultra high pressure waterjet cutting tool system operator; Vacuum blasting machine operator GROUP 7: Welder - General GROUP 8: Asphalt or concrete sureading operator (tamping aL3Hft 3 w _75 https:!lbeta.sam.gov/wage-determinationlCA20190017/4/document 15149 8/28/2019 beta.SAM.gov finishing); Asphalt paving machine operator (Barber Greene or similar type); Asphalt -rubber distribution operator; Backhoe operator (up to and including 3/4 yd.), small ford, Case or similar; Cast -in -place pipe laying machine operator; Combination mixer and compressor operator (gunite Work); Compactor operator (self-propelled); Concrete mixer operator (paving); Crushing plant operator; Drill Doctor; Drilling machine operator, Bucket or auger types (Calweld 150 bucket or similar types - Watson 1500, 2000 2500 auger or similar, types - Texoma 700, 800 auger or similar types - drilling depth of 60' maximum); Elevating grader operator; Grade checker; Gradall operator; Grouting machine operator; Heavy-duty repairman; Heavy equipment robotics operator; Kalamazoo balliste regulator or similar, type; Kalman belt loader and similar type; Le Tourneau blob compactor or similar type; Loader operator, (Athey, Euclid, Sierra and similar types); Mobark Chipper or similar; Ozzie padder or similar types; P.C. slot saw; Pneumatic concrete placing machine operator (Hadley-Presswell or similar type); Pumperete gun operator; Rock Drill or similar types; Rotary drill operator (excluding caisson type); Rubber -tired earth -moving equipment operator (single engine, caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator (multiple engine up to and including 25 yds. struck); Rubber -tired scraper operator (self -loading paddle wheel type -John Deere, 1040 and similar single unit); Self- propelled curb and gutter machine operator; Shuttle buggy; Skiploader operator (crawler and wheel type over 1-1/2 yds. up to and including 6-1/2 yds.); Soil remediation plant operator; Surface heaters and planer operator; Tractor compressor drill combination operator; Tractor operator (any type larger than D-5 - 100 flywheel h.p, and over, or similar -bulldozer, tamper, scraper and push tractor single engine); Tractor operator (boom attachments), Traveling pipe wrapping, cleaning and bending machine operator; Trenching machine operator (over 6 ft. depth capacity, manufacturer's rating); trenching Machine with Road Miner attachment (over 6 ft depth capacity): Ultra high pressure waterjet cutting tool system mechanic; Water pull (compaction) operator GROUP 9: Heavy Duty Repairman GROUP Cu: Drilling machine operator, Bucket or auger types 3A- 1 V https://beta.sam.gov/wage-determination/CA20190017/4/document 16/49 8/28/2019 (Calweld 200 B bucket or similar types -Watson 3000 or 5000 bela.SAM.gov auger or similar types-Texama 900 auger or similar types -drilling depth of 105' maximum); Dual drum mixer, dynamic compactor LDC350 (or similar types); Monorail locomotive operator (diesel, gas or electric); Mercer patrol -blade operator (single engine); Multiple engine tractor operator (Euclid and similar type -except Quad 9 cat.); Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Pneumatic pipe ramming tool and similar types; Prestressed wrapping machine operator; Rubber -tired earth -moving equipment operator (single engine, over 50 yds. struck); Rubber tired earth moving equipment operator (multiple engine, Euclid, caterpillar and similar over, 25 yds. and up to 50 yds. struck), Tower crane repairman; Tractor loader operator (crawler and wheel type over 6-1/2 yds.); Woods mixer operator (and similar Pugmill equipment) GROUP 11: Heavy Duty Repairman - Welder Combination, Welder - Certified. GROUP 12: Auto grader operator; Automatic slip form operator; Drilling machine operator, bucket or auger types (Calweld, auger 200 CA or similar types - Watson) auger 6000 or similar types - Hughes Super Duty, auger 200 or similar types - drilling depth of 175' maximum); Hoe ram or similar with compressor; Mass excavator operator less Cho 750 cu. yards; Mechanical finishing machine operator; Mobile form traveler operator; Motor patrol operator (multi -engine); Pipe mobile machine operator; Rubber -tired earth- moving equipment operator (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck); Rubber -tired self- loading scraper operator (paddle -wheel -auger type self -loading - two (2) or more units) GROUP 13: Rubber -tired earth -moving equipment operator operating equipment with push-pull system (single engine, up to and including 25 yds. struck) GROUP 14: Canal liner operator; Canal trimmer operator; Remote- control earth -moving equipment operator (operating a second piece of equipment: $1.00 per hour additional); Wheel excavator operator (over 750 cu. yds.) GROUP 15: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, 2 3A-7 7 https'.//beta.sam.gov/wage-determination/CA20190017/4/document 17/49 8/28/2019 beta.SAM.gov Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine -up to and including 25 yds. struck) GROUP 16: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 5o yds. struck) GROUP 17: Rubber -tired earth -moving equipment operator, operating equipment with push-pull system (multiple engine, Euclid, Caterpillar and similar, over 50 cu. yds. struck); Tandem tractor operator (operating crawler type tractors in tandem - Quad 9 and similar type) GROUP 18: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, up to and including 25 yds. struck) GROUP 19: Rotex concrete belt operator (or similar types); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds.and up to and including 50 cu. yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination) excluding compaction units - multiple engine, up to and including 25 yds. struck) GROUP 20: Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating in tandem (scrapers, belly dumps, and similar types in any combination, excluding compaction units - multiple engine, Euclid, caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 21: Rubber -tired earth -moving equipment operator, A 3A- 1 V httpsalbeta.sam.govlwage-determination/CA20190017/4ldocument 18149 8/28/2019 beta.SAM.gov operating in tandem (scrapers, belly dumps and similar types in any combination, excluding compaction units - multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) GROUP 22: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, up to and including 25 yds. struck) GROUP 23: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, Caterpillar, Euclid, Athey Wagon and similar types with any and all attachments over 25 yds. and up to and including 50 yds. struck); Rubber -tired earth -moving equipment operator, operating with the tandem push-pull system (multiple engine, up to and including 25 yds. struck) GROUP 24: Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (single engine, over 50 yds. struck); Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar, over 25 yds. and up to 50 yds. struck) GROUP 25: Concrete pump operator -truck mounted; Rubber -tired earth -moving equipment operator, operating equipment with the tandem push-pull system (multiple engine, Euclid, Caterpillar and similar type, over 50 cu. yds. struck) IRON0433-005 01/01/2019 REMAINING COUNTIES Rates Fringes IRONWORKER Fence Erector ..:..............$ 32.58 23.41 Ornamental, Reinforcing and Structural ..............$ 39.00 32.05 PREMIUM PAY; $6.90 additional per hour at the following locations: 2 3A- 1 V https://beta.sam.gov/wage-determination/CA2019001 7/4/document 19/49 8/28/2019 beta.SAM.gov China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center -Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg Ana $4.00 additional per hour at the following locations; Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yonne Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock LAB00220-003 07/01/2018 Residential, 4 Stories SAN LUIS OBISPO AND SANTA BARBARA COUNTIES Rates Fringes LABORER GROUP 1..................... 1 34.24 19.07 GROUP 2.... ........ ......... $ 34.79 19.07 GROUP 3.....................$ 35.34 19.07 GROUP 4..... ....... ..... .... $ 36.89 19.07 GROUP 5.................. _ $ 37.24 19.07 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, 23A-80 https://beta.sam.govlwage-determination/CA2019001714 /document 20/49 beta.SAM.gov temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; post hole digger (manual);Railread maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool house laborer; Traffic controlby any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Rote scraper and tiller; Sandblaster (pat tender); septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft, drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials ("'applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and `n 3A-V 1 https:i/beta.sam.govlwage-determination/CA20190017/4/document PAER] 8/28/2019 similar mechanical tools not separately classified herein; beta.SAM.gov operation of remate controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power, post hole digger; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barko, backer and similar type; Trenching machine, hand -propelled GROUP 4: Any worker exposed to raw sewage; Asphalt raker, lute person, ironer, asphalt dump person and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock Slinger; Laborer, asphalt -rubber distributor boat person; Laser beam in connection with laborers' work; Over -size concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in theditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic,conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting,Porta Shot -Blast; Traffic lane closure, Certified. GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator LABOO220-006 07/01/2018 23A-82 https://beta.sam.gov/wage-deterniination/CA20190017141document 22/49 8/28/2019 beta.SAM,gov SAN LUIS OBISPO AND SANTA BARBARA COUNTIES Rates Fringes Brick Tender... ............ ...32.26 18.40 LAB00300-002 07/01/2018 LOS ANGELES COUNTY Rates Fringes Brick Tender .....................$ 32.26 18.40 LAD00300-004 07/01/2018 Residential, 4 Stories LOS ANGELES COUNTY Rates Fringes LABORER GROUP 1.....................$ 34.24 19.07 GROUP 2.....................$ 34.79 19.07 GROUP 3...... .......... ::... $ 35.34 19.07 GROUP 4...... ........ ....... $ 36.89 19.07 GROUP 5......................$ 37.24 19.07 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shoe bolt holes; Dry packing of concrete and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; ` n „Q 3 A _Q 3 https:Hbeta.sam.gov/wage-determination/CA20190017/4ldccument 23/49 8/28/2019 beta.SAM.gov Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, tap person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerreard person - asphalt installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Rota scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; ori-pak-it machine; Gas, oil and/or water, pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-Imld, creosote, lime caustic and similar type materials ("'applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, came-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; Rock slinger;2 3A-84 https://beta.sam.gov/wage-determination/CA20190017/4ldocurrent 24/49 8/28/2019 beta.SAM.gov Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barka, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Any worker exposed to raw sewage; Asphalt raker, lute person, ironer, asphalt dump person and asphalt spreader boxes (all types); Concrete care cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, shorer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock Slinger; Laborer, asphalt -rubber distributor boot person; Laser beam in connection with laborers' work; Over -size concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in theditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic,conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether, water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting,Porta Shot -Blast; Traffic lane closure, Certified. GROUP S: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all types of mechanical drills without regard to the farm of motive power; Toxic waste removal; Boring system electronic tracking locator LAB003e O-006 01/01/2018 Rates Fringes Asbestos Removal Laborer ......... $ 33.19 17.78 SCOPE OF WORK: Includes site mobilization, initial site cleanup, site preparation, removal of asbestos containing 3A-8 rJ https:Ubeta,sam.gov/wage-determiiiationlCA20190017/4/document 25/49 8/28/2019 beta.SAM.gov material and toxic waste (including lead abatement and any other toxic material), encapsulation, enclosure and disposal of asbestos containing materials and toxic waste(including lead abatement and any other toxic materials) by hand or with equipment or machinery; scaffolding, fabrication of temporary wooden barriers and assembly of decontamination stations. LAB00300-007 07/01/2018 Residential, 3 Stories and under Rates Fringes Laborers (1) Cleanup, Fencing (Chain Link or Wood), Landscaping.,,...... ........ 32.76 15.82 (2) All Other Work ...... .....$ 33.76 15.82 LABOO585-002 07/01/2018 Residential, 4 Stories VENTURA COUNTY Rates Fringes LABORER GROUP I .............. .......$ 34.24 19.07 GROUP 2.....................$ 34.79 19.07 GROUP 3.....................$ 35.34 19.07 GROUP 4.....................$ 36.89 19.07 GROUP 5— ...... ........... 37.24 19,07 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screeding for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, generals ` 3A-/}�(/q► 8 V https://beta.sam.gov/wage-determination/CA20190017/4/document 26149 8/28/2019 beta, SAM.gov clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; post hole digger (manual.);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger, mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, parking rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; concrete cutting torch; Concrete Rile cutter; Driller, jackhammer, 2-112 ft, drill steel on longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"'' means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating !- / 3A-VQ 7 https:/lbeta,sam.gov/wage-determination/CA20190017/4/document 27/49 8/28/2019 beta.SAM.gov machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's worlq Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; Rack clinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barka, Wacker, and similar type; Trenching machine, hand -propelled GROUP 4: Any worker exposed to raw sewage; Asphalt raker, Into person, ironer, asphalt dump person and asphalt spreader boxes (all types); Concrete core cutter (wa115, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, sharer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock stinger; Laborer, asphalt -rubber distributor boot person; Laser beam in connection with laborers' work; Over -size concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in theditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic,ccnduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting,Porta Shot -Blast; Traffic lane closure, Certified. GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator LABOO585-004 07/01/2018 2 3A-8 8 https://beta.sani.goviwage-determination/CA20190017/4/document 28/49 8/28/2019 bela.SAM.gov VENTURA COUNTY Rates Fringes Brick Tender— ...... ........... % 32.26 18.40 LABOO652-002 07/01/2018 Residential, 4 Stories ORANGE COUNTY Rates Fringes LABORER GROUP 1.....................$ 34.24 19.07 GROUP2.....................$ 34.79 19.07 GROUP 3.....................8 35.34 19.07 GROUP 4................/.....$ 36.89 19.07 GROUP 5.... ................. $ 37.24 19.07 LABORER CLASSIFICATIONS GROUP l: Cleaning and handling of panel forms; Concrete screening for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsigoaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations 23A-89 https://beta.sam.gov/wage-determination/CA20190017/4/document 29/49 8/28/2019 beta.SAM,gov GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bulk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing red steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Rote scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete Pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydra seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"" means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; Rock slinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barka, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Any worker exposed to raw sewage; Asphalt raker, lute person, ironer, asphalt dump person and asphalt 2 3A-9 U https://beta.sam.gov/wage-determination/CA20190017/4/document 30/49 8/28/2019 beta.SAM.gov spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, sharer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock Slinger; Laborer, asphalt -rubber distributor boot person; Laser beam in connection with laborers' work; over -size concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in theditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic,conduit and any other stationary type of tubular device used for the conveying of any substance at, element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting,Porta Shot -Blast; Traffic lane closure, Certified, GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamord, wagon, track, multiple unit, and any and all types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator LAB00652-004 07/01/2018 ORANGE COUNTY Rates Fringes Brick Tender... ......... _ ... __$ 32.26 18.40 LAB00783-003 07/01/2918 Residential, 4 Stories SAN BERNARDINO COUNTY Rates Fringes 23A-91 https://beta.sam.gov/wage-determination/CA20190017/4/document 31149 812812019 beta.SAM.gov LABORER GROUP 1.... .................$ 34.24 19.07 GROUP 2.......... ........... 1 34.79 19.07 GROUP 3......................$ 35.34 19.07 GROUP 4......................$ 36.89 19.07 GROUP 5.....................$ 37.24 19.07 GROUP .......................$ 35.84 18,24 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms; Concrete screening for rough strike -off; Concrete, water curing; Demolition laborer, the cleaning of brid< if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator, (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; post hole digger (manual);Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person) top person), filling of cracks by any method an any surface; Tar and mortar; Tool crib or tool house laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on 1 yd. or larger mixer and handling bullk cement); Cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; Cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel 2 3A-° 2 https:e/beta.sam.gov/wage-determination/CA20190017/4/document 32/49 812812019 beta.SAM.gov and pans; Membrane vapor, barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Rots, scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler, and cleaner; Tree climber, faller, chain saw operator, Pittsburgh chipper and similar type brush shredder; Underground laborer, including caisson bellower GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or longer; Dri-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar, type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay-kold, creosote, lime caustic and similar type materials (""applying"' means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, pointing and any and all other services; Power post hole digger; Rock stinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel headerboard and guideline setter; Tamper, Barka, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Any worker exposed to raw sewage; Asphalt raker, lute person, ironer, asphalt dump person and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, sharer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock Slinger; Laborer, asphalt -rubber distributor boot person; Laser beam in connection with laborers' work; over -size concrete vibrator operator, 70 lbs. and over; Pipelayer performing all services in the laying and installation of pipe from the point of receiving pipe in theditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic,conduit and any other stationary type of tubular device used for the 2 3A-Q 3 https:Ubeta,sam.gov/wage-determination/CA20190017/4/document 33/49 8/28/2019 conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatsoever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting,Porta Shot -Blast; Traffic lane closure, Certified. GROUP 5: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator --------------------------- LAB00783-006 07/01/2018 SAN BERNARDINO COUNTY Rates Fringes Brick Tender .....................$ --------------------------------------------------------- 32.26 18.40 LAD01184-001 07/01/2018 Rates Fringes Laborers: (HORIZONTAL DIRECTIONAL DRILLING) (1) Drilling Crew Laborer...$ 35.70 14.03 (2) Vehicle Operator/Hauler.$ 35.87 14.03 (3) Horizontal Directional Drill Operator ..............$ 37.72 14.03 (4) Electronic Tracking Locatof................. ....$ 39.72 14.03 Laborers: (STRIPING/SLURRY SEAL) GROUP 1.....................$ 35.86 16.21 GROUP 2........... .......... $ 37.16 16.21 GROUP 3.....................$ 39.17 16.21 GROUP 4.....................$ 40.91 16.21 beta.SAM.gov LABORERS - STRIPING CLASSIFICATIONS 23A-94 https:11beta, saNo. govlwage-deterun ination/CA20190017/4ldocument 34)49 r. PUP1z1112-1 beta.SAM.gov GROUP 1: Protective coating, pavement sealing, including repair and filling of cracks by any method on any surface in parking lots, game courts and playgrounds; carstops; operation of all related machinery and equipment; equipment repair technician GROUP 2: Traffic surface abrasive blaster; pot tender - removal of all traffic lines and markings by any method (sandblasting, waterblasting, grinding, etc.) and preparation of surface for coatings. Traffic control person: controlling and directing traffic through both conventional and moving lane closures; operation of all related machinery and equipment GROUP 3: Traffic delineating device applicator: Layout and application of pavement markers, delineating signs, rumble and traffic bars, adhesives, guide markers, other traffic delineating devices including traffic control. This category includes all traffic related surface preparation (sandblasting, waterblasting, grinding) as part of the application process. Traffic protective delineating system installer: removes, relocates, installs, permanently affixed roadside and parking delineation barricades, fencing, cable anchor, guard rail, reference signs, monument markers; operation of all related machinery and equipment; power broom sweeper GROUP 4: Striper: layout and application of traffic stripes and markings; hot thermo plastic; tape traffic stripes and markings, including traffic control; operation of all related machinery and equipment --------------------------------------------------------------- LABO1184-003 07/01/2018 Residential, 4 Stories IMPERIAL AND RIVERSIDE COUNTIES Rates Fringes LABORER GROUP 1.....................$ 34.24 19.07 GROUP 2.....................$ 34.79 19.07 GROUP 3— ...... .......... —$ 35.34 19.07 2 3A-9 5 https7/beta.sam.gov/wage-determination/CA20190017/4/dacument 35/49 8/28/2019 beta, SAM.gov GROUP 4.....................$ 36,89 19.07 GROUP 5.................... ...$ 37.24 19.07 LABORER CLASSIFICATIONS GROUP 1: Cleaning and handling of panel forms-, Concrete screeding for rough strike -off; concrete, water curing; Demolition laborer, the cleaning of brick if performed by a worker performing any other phase of demolition work, and the cleaning of lumber; Fire watcher, limber, brush loader, piler and debris handler; Flag person; Gas, oil and/or water pipeline laborer; Laborer, asphalt -rubber material loader; Laborer, general or construction; Laborer, general clean-up; Laborer, landscaping; Laborer, jetting; Laborer, temporary water and air lines; Material hose operator (walls, slabs, floors and decks); Plugging, filling of shee bolt holes; Dry packing of concrete and patching; past hole digger (manual); Railroad maintenance, repair track person and road beds;Streetcar and railroad construction track laborers; Rigging andsignaling; Scaler; Slip form raiser; Slurry seal crew (mixer operator, applicator operator, squeegee person, shuttle person, top person), filling of cracks by any method on any surface; Tar and mortar; Tool crib or tool house Laborer; Traffic control by any method; Window cleaner; Wire mesh pulling - all concrete pouring operations GROUP 2: Asbestos abatement; Asphalt shoveler; Cement dumper (on I yd. or larger mixer and handling bulk cement); cesspool digger and installer; Chucktender; Chute handler, pouring concrete, the handling of the chute from readymix trucks, such as walls, slabs, decks, floors, foundation, footings, curb, gutters and sidewalks; Concrete curer, impervious membrane and form oiler; cutting torch operator (demolition); Fine grader, highways and street paving, airport, runways and similar type heavy construction; Gas, oil and/or water pipeline wrapper - pot tender and form person; Guinea chaser; Headerboard person - asphalt installation of all asphalt overlay fabric and materials used for reinforcing asphalt; Laborer, packing rod steel and pans; Membrane vapor barrier installer; Power broom sweeper (small); Riprap stonepaver, placing stone or wet sacked concrete; Roto scraper and tiller; Sandblaster (pot tender); Septic tank digger and installer (lead); Tank scaler and cleaner; Tree climber, faller, chain saw q► operator, Pittsburgh chipper and similar type brush 2 3A-Q /V https://beta.sam.govlwage-determination/CA2019001714/document 36/49 8/28/2019 shredder; Underground laborer, including caisson bellower beta.SAM.gov GROUP 3: Buggymobile person; Concrete cutting torch; Concrete pile cutter; Driller, jackhammer, 2-1/2 ft. drill steel or, longer; ori-pak-it machine; Gas, oil and/or water pipeline wrapper, 6-in. pipe and over, by any method, inside and out; High scaler (including drilling of same); Hydro seeder and similar type; Impact wrench multi -plate; Kettle person, pot person and workers applying asphalt, lay -(cold, creosote, lime caustic and similar type materials (""applying'' means applying, dipping, brushing or handling of such materials for pipe wrapping and waterproofing); Operator of pneumatic, gas, electric tools, vibrating machine, pavement breaker, air blasting, come-alongs, and similar mechanical tools not separately classified herein; operation of remote controlled robotic tools in connection with Laborer's work; Pipelayer's backup person, coating, grouting, making of joints, sealing, caulking, diapering and including rubber gasket joints, painting and any and all other services; Power post hole digger; Rock stinger; Rotary scarifier or multiple head concrete chipping scarifier; Steel hsaderboard and guideline setter; Tamper, Barks, Wacker and similar type; Trenching machine, hand -propelled GROUP 4: Any worker exposed to raw sewage; Asphalt raker, lute person, ironer, asphalt dump person and asphalt spreader boxes (all types); Concrete core cutter (walls, floors or ceilings), grinder or sander; Concrete saw person, cutting walls or flat work, scoring old or new concrete; Cribber, sharer, lagging, sheeting and trench bracing, hand -guided lagging hammer; Head rock slinger; Laborer, asphalt -rubber distributor boot person; Laser beam in connection with laborers' work; Over -size concrete vibrator operator, 70 lbs, and over; Pipeloyer performing all services in the laying and installation of pipe from the point of receiving pipe in theditch until completion of operation, including any and all forms of tubular material, whether pipe, metallic or non-metallic,conduit and any other stationary type of tubular device used for the conveying of any substance or element, whether water, sewage, solid gas, air, or other product whatssever and without regard to the nature of material from which the tubular material is fabricated; No -joint pipe and stripping of same; Prefabricated manhole installer; Sandblaster (nozzle person), water blasting,Porta Shot -Blast; Traffic 2 3A-V ■ https://beta.sam.gov/wage-determination/CA2019001 714 /document 37/49 8/28/2019 lane closure, Certified, beta.SAM.gov GROUP S: Blaster powder, all work of loading holes, placing and blasting of all powder and explosives of whatever type, regardless of method used for such loading and placing; Driller: All power drills, excluding jackhammer, whether core, diamond, wagon, track, multiple unit, and any and all types of mechanical drills without regard to the form of motive power; Toxic waste removal; Boring system electronic tracking locator LABO1184-005 07/01/2018 IMPERIAL AND RIVERSIDE COUNTIES Rates Fringes Brick Tender ................... „ $ 32.26 18.4E LABO1414-002 08/08/2018 Rates Fringes Laborers: (1 to 3 Stories) Plaster Clean -Up Laborer....$ 33.82 19.40 Plaster Tender ..............$ 36.37 19.40 Laborers: (4 Stories) Plaster Clean-up Laborer ... .$ 33.82 19.40 Plaster Tender ..............$ 36.37 19.40 Work on a swing stage scaffold: $1.00 per hour additional. Work at Military Bases - $3.00 additional per hour: Coronado Naval Amphibious Base, Fort Irwin, George AFB, Marine Corps Air Station-29 Palms, Imperial Beach Naval Air Station, Marine Corps Logistics Supply Base, Marine Corps Pickle Meadows, Mountain Warfare Training Center, Naval Air Facility -Seeley, North Island Naval Air Station, Vandenberg APB, -------------------------- _ _ ...------------------------ PAIN0036-005 07/01/2018 Rates Fringes 23A-98 https.dbeta. saOn. govlwage-determination/CA2019001 7/4/document 38/49 812812019 beta.SAM.gov PAINTER (including lead abatement) Imperial, Las Angeles, Orange, Riverside & San Bernardino (1) Repaint ................$ 27.59 14.92 (2) All other work .... .,,.,.$ 31.12 15.04 (3) Journeyman & Industrial .................$ 32.02 12.93 San Luis Obispo, Santa Barbara & Ventura (1) Repaint ................$ 24,40 14.82 (2) All other work ......... $ 29.04 14.98 (3) Journeyman & Industrial .................$ 32.52 15.44 ---------------------------------------------------------------- PAIN0036-011 10/01/2018 IMPERIAL, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA COUNTIES Rates Fringes DRYWALL FINISHER/TAPER.......... ,$ 24,02 17.01 ---------------------------------------------------------------- PAIND036-014 10/01/2018 IMPERIAL Rates Fringes GLAZIER ...........................$ 43.55 19.72 PAIN0036-018 06/01/2018 LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SANTA BARBARA AND VENTURA Rates Fringes GLAZIER ...................... .... $ 42.20 25.50 FOOTNOTE: Additional $1.25 per hour for work in a condo, from the third (3rd) floor and up. Additional $1.25 per 2 3A-9 9 https://beta.sam.gov/wage-determinationlCA20190017/4/document 39/49 8/28/2019 beta.SAM.gov hour for work on the outside of the building from a swing stage or any suspended contrivance, from the ground up. ---------------------------------------------------------------- FAIN0036-020 01/01/2019 IMPERIAL Rates Fringes SOFT FLOOR LAVER .................$ 31.02 14.37 --------------------------------------------------------------- PAIN0169-007 01/01/2018 SAN LUIS OBISPO Rates Fringes GLAZIER ...... .................... $ 35.00 26.26 ---------------------------------------------------------- PAIN1247-003 01/01/2019 LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNAROINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA Rates Fringes SOFT FLOOR LAVER ..... ............ $ 35.3S 14.56 PLAS0200-002 08/02/2017 IMPERIAL, KERN, LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA Rates Fringes PLASTERER. 1 - 3 stories, ... ...... 32.61 20.08 4-stories........ ........... $ 35.61 20.08 ---------------------------------------------------------------- PLAS0500-003 07/01/2018 Rates Fringes 23A-100 https://beta.sam.gov/wage-determination/CA20190017/4ldocument 40/49 8/28/2019 CEMENT MASON/CONCRETE FINISHER ... $ 35.7S 22.48 ---------------------------------------------------------------- PLUM0016-011 09/01/2e18 Rates Fringes PLUMBER/PIPEFITTER Residential .... ............. $ 40.23 18.08 ._________________________________s____.___________.____.______ PLUM0250-001 09/04/2017 LOS ANGELES AND ORANGE Rates Fringes REFRIGERATION MECHANIC Refrigeration Fitter ....... .$ 45.50 21.65 ROOF0036-001 08/01/2019 LOS ANGELES, ORANGE, RIVERSIDE, SAN BERNARDINO, SAN LUIS OBISPO, SANTA BARBARA AND VENTURA Rates Fringes Roofer ............... ............ $ 38.12 16.97 FOOTNOTE: Pitch premium: Work on which employees are exposed to pitch fumes or required to handle pitch, pitch base or pitch impregnated products, or any material containing coal tar pitch, the entire roofing crew shall receive $1.75 per hour ""pitch premium"" pay. _____________________________________________________ __ "______ ROOP0045-003 07/01/2018 IMPERIAL beta.SAM.gov Rates Fringes Roofer ........... ................ $ 31.00 8.62 .................................................._ .-...... .. SFCA0669-065 04/01/2018 23A-101 https://beta.sam.govlwage-determination/CA20190017/4/document 41/49 8/28/2019 beta.SAM.gov AREA 1: IMPERIAL COUNTY; LOS ANGELES COUNTY (does not include the city of Pomona, Catalina Island, and that part of Los Angeles County within 25 miles of the city limits of Las Angeles); ORANGE COUNTY (does not include Catalina Island; San Clemente Island; City of Santa Ana; and remainder, of Orange County within 25 miles of the city limits of Los Angeles); RIVERSIDE COLNTY; AND SAN BERNARDINO COUNTY (does not include the northern part of City of Chino, or the cities of Montclair and Ontario) AREA 2: SAN LUIS OBISPO, SANTA BARBARA COUNTIES, VENTURA (does not include Part Hueneme, Port Mugu, the city of Santa Paula, and that part of Ventura County within 25 miles of the city limits of Las Angeles) COUNTIES Rates Fringes SPRINKLER FITTER Area 1............... ....... $ 38.28 15.84 Area 2............... ....... $ 38.85 21,87 SFCA0709-002 01/01/2018 LOS ANGELES COUNTY (the city of Pomona, Catalina Island, and that part of Los Angeles County within 25 miles of the city limits of Los Angeles); ORANGE COUNTY (San Clemente Island, the city of Santa Ana, and that part of Orange County within 25 miles of the city limits of Los Angeles); SAN BERNARDINO COUNTY (the northern part of the city of Chino, and the cities of Montclair and Ontario); VENTURA COUNTY (Port Hueneme, Port Mugu, the city of Santa Paula, and that part of Ventura County within 25 miles of the city limits of Los Angeles) Rates Fringes SPRINKLER FITTER .................$ 42.26 2S.92 SHEE01OS-001 07/01/2018 AREA 1: LOS ANGELES COUNTY (South of a straight line drawn between Borman and Big Pines, excluding the area South of Imperial Highway East of the Los Angeles River, excluding the cities of Long Beach, Claremont, and Pomona, excluding Catalina Island) 23A-102 http s: // beta. sa m. gov/wa ge-determ i nation/CA201 90 0 1 7/4/d ocu me nt 8/28/2019 beta.SAM.gov AREA 2: LOS ANGELES (Remainder), ORANGE, RIVERSIDE & SAN BERNARDINO COUNTIES Work on general sheet metal and heating and air conditioning on single family dwellings, multiple family dwellings, track homes and apartment buildings individually conditioned by separate and independent units or systems Rates Fringes SHEET METAL WORKER AREA I... .­ ... .......... $ 26.57 10.41 AREA 2...................... 1 29.54 19.09 SHEE0206-003 07/01/2017 IMPERIAL Rates Fringes Sheet Metal (TECHNICIAN),. ....... $ 27.70 8.43 SHEET METAL WORKER ....... ........ $ 36.88 26.52 SHEET METAL TECHNICIAN - SCOPE: a. Existing residential buildings, both single and multi -family, where each unit is heated and/or cooled by a separate system b. New single family residential buildings including tracts. c. New multi -family residential buildings, not exceeding five stories of living space in height, provided each unit is heated or cooled by a separate system. Hotels and motels are excluded. d. LIGHT COMMERCIAL WORK: Any sheet metal, heating and air conditioning work performed on a project where the total construction cost, excluding land, is under $1,000,006 e. TENANT IMPROVEMENT WORK: Any work necessary to finish interior spaces to conform to the occupants of commercial buildings, after completion of the building shell ------------------------------------------- SHEE0273-001 08/01/2018 SAN LUIS OBISPO, SANTA BARBARA AND VENTURA Rates Fringes 23A-103 blips: flibetan sa TEL g ovIwa g e-d eterm inationlCA2019001 7/4/document 43149 8/28/2019 beta.SAM.gov SHEET METAL WORKER ....... ......... $ 43.88 28.97 HOLIDAYS: New year's Day, Martin Luther King Day, President's Day, Good Friday, Memorial Day, Indepdendence Day, Labor Day, Veterans Day,Thankisgiving Day & Friday after, Christmas Day _--_____________________________________________________________ TEAM0011-001 07/01/2018 Rates Fringes Truck drivers; GROUP 1....................$ 30.59 28.59 GROUP 2— .................. 30.74 28.59 GROUP 3....................$ 30.87 28.59 GROUP 4....................$ 31.06 28.59 GROUP 5....................$ 31.09 28.59 GROUP 6....................$ 31.12 28.59 GROUP 7....................$ 31.37 28.59 GROUP 8.....................$ 31.62 28.59 GROUP 9....................$ 31.82 28.59 GROUP 10....................$ 31.12 28.59 GROUP 11....................$ 32.62 28.59 GROUP 12....................$ 33.05 28,59 WORK ON ALL MILITARY BASES - $3.00 PER HOUR ADDITIONAL: [29 palms Marine Base, Camp Roberts, China Lake, Edwards AFB, E1 Centro Naval Facility, Fort Irwin, George AFB, Marine Corps Logistics Base at Nebo & Perna, Mountain Warfare Training Center, Bridgeport, Point Arguello, Point Conception, Vandenberg AFB] TRUCK DRIVERS CLASSIFICATIONS GROUP 1: Truck driver GROUP 2: Driver of vehicle or combination of vehicles - 2 axles; Traffic control pilot car excluding moving heavy equipment permit load; Truck mounted broom GROUP 3: Driver of vehicle or, combination of vehicles - 3 axles; Boot person; Cement mason distribution truck; Fuel truck driver; Water truck - 2 axle; Dump truck, less that „ 3 A _ 1 04 https://beta.sam.gov/wage-determination/CA2019001 7/4/document 44/49 WEV2019 16 yds, water level; Erosion control driver beta.SAM.gov GROUP 4: Driver of transit mix truck, under 3 yds.; Dumparete truck, less than 6-112 yds. water level GROUP 5: Water truck, 3 or more axles; Truck greaser and tire person ($0.50 additional for tire person); Pipeline and utility working truck driver, including winch truck and plastic fusion, limited to pipeline and utility work; Slurry truck driver GROUP 6: Transit mix truck, 3 yds. or more; Dumperete truck, 6-1/2 yds. water level and over; Vehicle or combination of vehicles - 4 or more axles; Oil spreader truck; Dump buck, 16 yds. to 25 yds, water level GROUP 7: A Frame, Swedish crane or similar; Forklift driver; Ross carrier driver GROUP 8: Dump truck, 25 yds. to 49 yds. water level; Truck repair person; Water pull - single engine; Welder GROUP 9: Truck repair person/welder; Low bed driver, 9 axles or over GROUP 10: Dump truck - 50 yds, on more water level; Water pull - single engine with attachment GROUP 11: Water pull - twin engine; water pull - twin engine with attachments; Winch truck driver - $1.25 additional when operating winch or similar special attachments GROUP 12: Boom Truck 17K and above WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (ED) 13706, Establishing paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the RE, the contractor must provide n 3A- 1 05 https://beta.sam.gov/wage-determination/CA20190017/4/document (- 45149 8/28/2019 beta.SAM.gov employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health -related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health -related needs, including preventive care; or for reasons resulting from, at, to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gdv/whd/govcontracts, Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "'identifiers"'' that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than —SU— or ""UAV6"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014, PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. 23A-106 httpss.//beta.sam.gov/wage-determinatlon/CA20190017/4/document 46/49 8/28/2019 beta.SAM.gov Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "'SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non -union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number. 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classifications) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2914. VAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A VAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 23A-107 https://beta.sam.govlwage-determination/CA20190017/4/document 47149 8/28/2019 WAGE DETERMINATION APPEALS PROCESS beta.SAM.gov 1.) Has there been an initial cecision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter " a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program, If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative 3A- 1 08 hops://beta.sam.govlwage-determinatic n/CA20190017/4/document 48/49 8/28/2019 Review Board (formerly the Wage Appeals Board). Write to: beta.SAM.gov Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W, Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION' 23A-109 https://beta.sam.gov/wage-determination/CA20190017l4/document 49149 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 18-7929 & 18-7528 CENTENNIAL PARK WALKWAY AND LIGHTING IMPROVEMENTS PROJECT This CONSTRUCTION CONTRACT is made and entered into this 15s' day of October, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Leonida Builder, Inc. (hereinafter "CONTRACTOR"). WH'NESSETH: 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 Centennial Park Walkway and Lighting Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed One Million Four Hundred Twenty -Seven Thousand Eight Hundred Fifty and No Cents ($1,427,850.00), 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. rev. 09/01/2017 23A-110 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. // 23A-111 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: .IVI IN FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: Leonida Builders, I NAME: Panaggofis onida dent TITLE: Presi, S oretary & Treasurer 23A-112 Page 3 of 3 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 18-7929 & 18-7528: CENTENNIAL PARK WALKWAY AND LIGHTING IMPROVEMENTS Construction Contract $ 1,427,850 Contract Administration $ 94,786 Inspection and Testing $ 119,392 Contingencies $ 186,060 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,828,088 EXHIBIT 4 23A-113 F W W m Y a� U® N� P W LL cr Qa F W �LL > 0a �g U J F a U �L 01 o o m o m ma¢m,_.mge w�mo:°'o,EQ e= G Q G e Q m N t d O C1 U y m y 3 I m v E y'g 2 m o 0 =°mamiaNirriEQ� Y a a y°y°waaiac w Y C N Q!9 c y Lu Z U G w �¢aaimeoe ®ceY=a�ca i m m m 0 m EL UcoM 0 E m Rm ® J C LU Y CtS O Q F m U — U G �LT w W LT 0 U Ua LL a LL yv N LL LL 0 0 0 0 0 0 0 0 15 0 za ~ LL ~ O U LL ® E f~9 w o LU 2 i a ® w D 0 c m au F 3 F 3� ., R i• s d` 9 L °%� > ssnana Y s ss B G ze 3 Q 9 sRm n 4mx•mfs „�- < io.r.xs slaw^6 Y Z u 3 � '^3 we .i $s uu T� S ••+nit iy g & k 3 .. arve,onrex wm,y M1 0 a Co 6 M c 0 CO h a IZIC I EXHIBIT 5 REQUEST FORT COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: APPROVE A DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT WITH SANTA ANA PACIFIC ASSOCIATES AND SANTA ANA PACIFIC ASSOCIATES II TO DEFER THE PAYMENT OF THE DEVELOPMENTIMPACTFEES (APPROXIMATELY $4,121,987) FOR THE PROPERTY LOCATED AT 2110, 2114 AND 2020 EAST FIRST STREET {STRATEGIC PLAN NOS. 5,31 /s/ Kristine Ridge CITY MANAGER :7x919lLTA ILTA IAki117A11e«IIs] kiI CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For Wis]►111►111101i[W FILE NUMBER Authorize the City Manager to execute a Development Impact Fee Deferral Agreement with Santa Ana Pacific Associates and Santa Ana Pacific Associates II (the "Owner") to defer approximately $4,121,987 of the development impact fees for the development of a 552-unit affordable rental project at 2110, 2114 and 2020 East First Street, subject to non -substantive changes approved by the City Manager and City Attorney. The calculation of the final fee amount to be deferred will be determined at the time of issuance of the certificate of occupancy. DISCUSSION On August 1, 2019 the City received a request from the Owner of the property located at 2110, 2114 and 2020 East First Street (the "Property") to defer the collection of the development impact fees for the development of a 552-unit affordable rental project (Exhibit 1). The project involves the demolition of two commercial buildings and construction of an affordable rental family -oriented mixed -use community with 10,000 square feet of leasable commercial space. A total of 552 affordable rental units will be provided on the Property. The project will include 27 one -bedroom units, 239 two -bedroom units, 146 three -bedroom units, and 140 four -bedroom units ranging in size from 610 to 1,266 square feet. All units will contain full kitchens, bedrooms, bathrooms, in - unit storage, and open/common (living) areas. The project is referred to as First Point I and II. The request is for the City to defer the collection of the development impact fees until prior to occupancy permit issuance instead of requiring payment of the fees at the time of building permit issuance. The Owners are entitled by State law to deferred payment of fees intended for public facilities or improve ments.The deferral of such development impact fees will "help facilitate the 25A-1 Development Impact Fee Deferral Agreement for 2110, 2114 and 2020 East First Street October 15, 2019 Page 2 financing, development and construction of the project'. Specifically, California Government Code Section 66007 states that "any local agency that imposes any fees or charges on residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first." This section generally provides that the City shall not require the payment of development impact fees until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first. The approximate development impact fees that are part of this deferral request include the following: Development Impact Fee Amount Park Acquisitions and Development $3,058,443 Fire Facilities $664,576 Transportation System Improvement Authority (Combined Non -Residential and Reside ntial-Multifamil $398,968 TOTAL $4,121,987 As an affordable housing project, the project qualifies for this request for deferral of their development impact fees. The Owner is in the process of obtaining building permits to finalize the development of the project on the Property and is therefore requesting this deferral under the law. The proposed Development Impact Fee Deferral Agreement will defer approximately $4,121,987 of the development impact fees for the development of the project (Exhibit 2). Key Terms of the Agreement: Under the proposed Development Impact Fee Deferral Agreement, the City and the Owner will agree to the following: Fee Deferral and Amount. The deferred collection of the Development Impact Fees in the estimated amount of approximately four million, one hundred twenty-one thousand, nine hundred eighty-seven ($4,121,987). Deferral Period. The development impact fees will be deferred until the final inspection or issuance of a certificate of occupancy for the Project, whichever comes first. Extension. An extension of the Agreement may only be granted by the City Council. Payment Security. Payment of fees are a personal obligation of the Owner, or any successor secured by the Property, and if left unpaid, shall be collected as a special lien against the property. 25A-2 Development Impact Fee Deferral Agreement for 2110, 2114 and 2020 East First Street October 15, 2019 Page 3 Recordation of Agreement and Lien Against Property. Upon the execution, the Agreement will be recorded in the Official Records of the County of Orange and the Agreement shall contractually bind Owner to pay the development impact fees and shall constitute a lien against the Property. The intended goal of the collection of development impact fees at the time of building permit issuance is to ensure that the payment of the fees is completed prior to the vesting of development rights by a project developer. Development impact fees for development projects include customary fees to defray costs for the City to provide development services under the permit, outside agency fees as applicable, and established development impact fees. While deferral of collection of development impact fees is not a routine practice, the Owner has submitted their request under California Government Code Section 66007 and the City is required to consider their request. The collection of the development impact fees for a new residential development is to generally fund planned acquisition and development of parks and open space within the City to mitigate the impacts that new developments will have on the demand for parks and open space within the City. While the request will defer the collection of the development impact fees to a later time in the development process, it will not waive or prevent the City from collecting the fee through protections and securities provided to the City under the agreement. Furthermore, the fees will be paid prior to the actual impact as no residents will be allowed to occupy the building on the Property until payment is received by the City. STRATEGIC PLAN ALINGMENT Approval of this item supports the City's efforts to meet Goal # 5 Community Health, Livability, Engagement and Sustainability, Objective # 3 (facilitate diverse housing opportunities and support efforts to preserve and improve livability in Santa Ana neighborhoods). FISCAL IMPACT The total estimated development impact fees to be deferred for the project is estimated to be $4,121,987 as follows: Accounting Unit Fund Description Accounting Unit, Account Amount — Account # Description 31313002-53300 Residential Development District 3 District Park A & D Fees $3,058,443 12015002-53700 Fire Facilities Fund Improvement Fee $664,576 99117002-50301 Transportation System TSIA from City of Santa Ana $398,968 Improvement Authorit TOTAL $4,121,987 25A-3 Development Impact Fee Deferral Agreement for 2110, 2114 and 2020 East First Street October 15, 2019 Page 4 The final fee amount to be deferred will be calculated at the time of the final inspection or issuance of a certificate of occupancy for the project, whichever comes first. There is no negative fiscal impact as the deferred amount will be paid back to the City. However, it should be noted that the FY 19-20 deferred amount may be received in FY 20-21. Steven A. Mendoza Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Exhibits: 1. Request for Deferral of Development Impact Fees 2. Development Impact Fee Deferral Agreement 25A-4 r PACIFIC WEST COMMUNITIES August 1, 2019 Judson Brown City of Santa Ana Housing and Neighborhood Development Division 20 Civic Center Plaza (M-26) Santa Ana, CA 92701 Re: Development Impact Fee Deferral Request First Point I & II Apartments Dear Mr. Brown: As the developer of the First Point I & 11 Apartments, I would like to formally request the deferral of development impact fees as specified below. • Drainage Assessment • Waste Water Treatment: OCSD15-Comm/Indst • Waste Water Treatment: OCSD15-Multifamilly • Sewer Connection • Transportation Corridor • TSIA, Non -Residential • TSIA, Residential - Multifamily • Fire Facilities • Park Acquisitions and Development Under California Government Code Section 66007, we are entitled to deferred payments of fees intended for public facilities or improvements. Section 66007 states that "any local agency that imposes any fees or charges on a residential development for the construction of public improvements or facilities shall not require the payment of those fees or charges, notwithstanding any other provision of law, until the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first." The development will be available for lower income households. Any additional requirements that would permit a local agency to collect these fees at an earlier time does not apply to a residential development for lower income households as stated in §66007(2)(A). The deferral of such impact fees help facilitate the financing, development and construction of the project. The total amount we are requesting for First Point I is $4,837,511.63 and the total amount for First Point II is $3,441,710.89. Sincerely, i Melinda Rex Chief Operating Officer Ph: 208.461.0022 // Fax: 208.461.3267 // 430 E. Statg $kept=S�. 100 // Eagle, ID 83616 // www.tpchousing.com i0a:11-111 a RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103 DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT between THE CITY OF SANTA ANA a charter city and municipal corporation of the State of California and SANTA ANA PACIFIC ASSOCIATES a California limited partnership and SANTA ANA PACIFIC ASSOCIATES H a California limited partnership [Dated as of October 15, 20191 25A-6 i0a:11-111 a DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT 1. PARTIES AND EFFECTIVE DATE. This Development Impact Fee Deferral Agreement ("Agreement") is entered into on this 15s' day of October, 2019, by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Santa Ana Pacific Associates, a California limited partnership, and Santa Ana Pacific Associates II, a California limited partnership ("Owner"). City and Owner are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Owner is the owner of a leasehold interest in that certain real property in the City of Santa Ana, California, which is owned by Brownell Commercial Properties, L.P., and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference and as evidenced by those certain Memorandums of Lease between Santa Ana Development Partners, L.P., a California limited partnership, and Owner dated November 8, 2018, which were recorded in the Official Records of Orange County, California on November 9, 2018, as Document No. 2018000406832 and 2018000406833 ("Property"). Owner is the developer of the First Point I & II Apartments, a 552-unit affordable rental project at 2110, 2114 and 2020 East First Street, Santa Ana. Owner has received City approval and is in the process of obtaining the building permits; 2.2 Prior to issuance of any building permits, the City currently requires the payment of various development impact fees for all residential projects to help address the impacts of new development; 2.3 On August 1, 2019, Owner submitted a written request formally requesting the deferral of specific development impact fees for the Property pursuant to California Government Code section 66007; and, 2.4 City and Owner desire to execute this Agreement to defer certain development impact fees applicable to the Property and either place a lien on the Property or provide an irrevocable letter of credit from the Owner to secure payment of these fees, pursuant to the terms and conditions set forth herein. 3. TERMS. 3.1 Deferral of Development Impact Fees. 3.1.1 Deferral of Development Impact Fees. City and Owner agree that the development impact fees ("Subject Fee(s)") and amount as shown in Exhibit `B", for the Property will be deferred until prior to the final inspection or issuance of a certificate of occupancy for any new residential units on the Property, whichever occurs first ("Deferral Period"). City and Owner acknowledge and agree that the City Council may, in its sole and absolute discretion and during a regular, regular adjourned, or special meeting of the City Council, extend the deadline for payment of the Subject Fees without obtaining the approval of Owner or an amendment or modification of this Agreement. Any extension granted by the City Council pursuant to this 25A-7 iMa:11-111 a Section 3.1.1 shall automatically be deemed to be part of the Deferral Period for purposes of this Agreement. 3.1.2 Payment of Subject Fees. Owner, or its successor in interest to the Property or any portion thereof, shall be liable for the payment of the Subject Fees pursuant to this Agreement. The Subject Fees for a residential building constructed on the Property shall be due and payable at the termination of the Deferral Period. No certificate of occupancy shall be issued for the building, any portion, or any residential units thereof on the Property unless and until all Subject Fees have been paid in full. 3.1.3 Subject Fee Amount. Except as may otherwise be provided for by a statutory development agreement for the Property, as approved by the City, the amount of the Subject Fee for each residential unit to be developed on the Property shall be determined according to the rate of the Subject Fee adopted by the City and in effect on the date when the building permit for the residential building is issued by the City. Upon issuance of each building permit, the City shall complete and attach the form set forth in Exhibit `B" to this Agreement to reflect the amount of the Subject Fee applicable at the time of issuance of that building permit and attach a copy of the building permit, which shall collectively thereafter be incorporated as part of this Agreement. 3.1.4 Obligation for Payment of Subject Fee. Owner hereby acknowledges and agrees that Owner's obligation to pay the Subject Fees shall continue and remain an obligation of Owner, as well as (jointly and severally) any successors in interest of Owner, including, without limitation, any successor in interest to the Property or any portion of the Property. Without limiting the nature of the foregoing, any Subject Fees that remain unpaid following the time that they are required to be paid may be collected by the City as a personal obligation of the Owner, or any successor of Owner, as a special assessment against the property (collected at the same time and in the same manner as ad valorem property taxes), or by any combination of the foregoing. 3.2 Covenant of Owner. Owner covenants that he, she or it is eligible to enter into this Agreement and has fulfilled the requirements for approval of deferral of the Subject Fees. Should Owner and/or the Property be deemed at any time prior or subsequent to execution of this Agreement to be ineligible for a deferral of Subject Fees regardless of whether Owner intentionally or unintentionally misrepresented to the City that Owner was eligible for a deferral of Subject Fees, City may terminate this Agreement and require all Subject Fees to be immediately paid in full. 3.3 Recordation of Agreement. Upon the execution of this Agreement, the City shall cause this Agreement to be recorded in the Official Records of the County of Orange, California. All costs assessed by the County of Orange for recordation of this Agreement shall be paid by the Owner. 3.4 Lien against Property. From and after its execution, this Agreement shall contractually bind Owner to pay all Subject Fees as provided in this Agreement, and shall constitute a lien against the Property in an amount equal to the total Subject Fees, pursuant to Government Code section 66007(c)(2). Upon payment to City of the total amount of the Subject 254-8 i0a:11-111 a Fees for the Property, City shall, at the request of the Owner, execute and record in the Official Records of the County of Orange, California, a release of the lien from the Property in substantially the form of Exhibit "C" which is attached hereto and incorporated herein by this reference. At the request of the Owner, the City shall deliver a copy of the executed and recorded release of the lien to Owner. 3.5 Covenants Run With Land. Notwithstanding Section 3.6, each and all of the promises, covenants and conditions of this Agreement and all liens against the Property subject to this Agreement shall, as provided in Government Code section 66007, run with the Property and shall be binding upon all parties having or acquiring any right, title or interest in or to the Property or any portion thereof. 3.6 Sale of Property. Pursuant to Government Code section 66007(c)(3), Owner shall notify City in writing within two (2) business days of the opening of any escrow for the sale or transfer of all or any portion of the Property. 3.7 Invalidity of Lien. The invalidity or unenforceability of any lien provided for under this Agreement shall not affect the contractual obligation of Owner to pay any and all Subject Fees for the Property, nor shall the sale, lease or any encumbrance of the Property release the Owner of this contractual obligation. 3.8 Rights Not Granted Under Agreement. This Agreement is not, and shall not be construed to be, an approval or a granting of any right or entitlement (vested or otherwise) by City concerning any development on the Property, or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner from paying any fees for any entitlements, permits, licenses or other approvals that may be required by the City or other public entity with jurisdiction over the Property at the time required by the City or other public entity with jurisdiction over the Property, or any other project development or other construction by Owner. This Agreement does not, and shall not be construed to, exempt Owner from any requirement to obtain permits or other discretionary or non - discretionary approvals as may be necessary for the development, maintenance or operation of the development on the Property or any other project, development or other construction by Owner within the City. This Agreement does not, and shall not be construed to, exempt Owner or the Property from the application or exercise of the City's or any of its related agencies' power of eminent domain or its police powers, including, but not limited to, the regulation of land uses, and the taking of any actions necessary to protect the health, safety and welfare. 3.9 Cumulative Remedies. The rights or remedies of the City, as provided in this Agreement, or pursuant to any applicable laws, rules or regulations, may be pursued singly, successively, together or otherwise against the Property, Owner or its transferees, at the sole discretion of the City. The City's failure to exercise any such right or remedy shall in no event be construed as a waiver or release of such rights or remedies, or of the right to exercise them at any later time. 3.10 Indemnification. Owner agrees to indemnify, defend and hold harmless the City, its elected officials, officers, agents and employees from and against all claims, demands, costs, damages, liabilities and obligations of any kind or nature arising out of the deferral provided by 25A-9 i0a:11-111 a the City to Owner, this Agreement, or both, including without limitation, all costs of collection, including actual attorneys' and expert witness fees. 3.11 Successors and Assigns. Owner may not assign this Agreement, in whole or in part, without the prior written consent of the City, which may be given, withheld or conditioned in the City's sole and absolute discretion. Any attempt to assign this Agreement without the City's prior written consent shall be null and void. This Agreement shall be binding on any and all permitted successors and assigns of Owner. 3.12 Governing Laws. This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws principles. The Superior Courts of the State of California in the County of Orange, California, shall have exclusive jurisdiction of any litigation between the City and Owner arising out of this Agreement. Owner hereby expressly waives the provisions of any federal or state law providing for a change of venue to any other state court or to federal district court, due to any reason whatsoever, including, without implied limitation, the fact that the City is a party to this Agreement, due to any diversity of citizenship between the City and Owner, or due to the fact that a federal question may be involved. Without limiting the generality of the foregoing, Owner expressly waives, to the maximum legal extent, the benefit of California Code of Civil Procedure Section 394 and all other state and federal statutes and judicial decisions of similar effect. 3.13 Notices. All notices required to be delivered under this Agreement or applicable law shall be delivered by personal delivery, express mail or by United States mail, certified, postage prepaid. Notices personally delivered or delivered by express mail shall be deemed received upon receipt. Notices delivered by certified mail shall be deemed received the earlier of three (3) days following deposit of such notice with the United States Postal Service or actual receipt. Notices shall be sent as follows: To City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, CA 92702-1988 Attention: Housing Manager With copy to: Office of City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 To Owner: Santa Ana Pacific Associates, A California Limited Partnership Santa Ana Pacific Associates II, A California Limited Partnership 430 E. State Street, Suite 100 Eagle, Idaho 83616 25Q-10 i0a:11-111 a With copy to: BCP/ First Point I, LLC BCP/ First Point II LLC c/o Boston Capital Partners One Boston Place, 21' Floor Boston, MA 02108 Attention: Asset Management (First Point Apartments) 3.14 Attorneys' Fees and Costs. Should the City or Owner bring any action or proceeding against the other, and if such action or proceeding is related to the interpretation or enforcement of this Agreement or in any way relates to or arises due to the existence of this Agreement, then the prevailing party in that action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled, its actual litigation costs and attorneys' and expert witness fees. The "prevailing party" shall be as determined by the court in accordance with the provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred by the prevailing party in the enforcement of any judgment or other judicial order, and during the defense of any appeal taken from such underlying judgment or other judicial order. 3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and Owner and supersedes all previous agreements, oral or written, on the subject matter of this Agreement. 3.16 Modification. This Agreement may be amended or modified only by an agreement in writing signed by each of the parties hereto. 3.17 Headings. Section headings contained in this Agreement are for convenience only, and shall not impact the construction or interpretation of any provision. 3.18 Severability. If any provision or clause of this Agreement or any application of it to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses did not exist. 3.19 Time is of the Essence. Time is of the essence in this Agreement. 3.20 No Third Party Beneficiaries. This Agreement and the performance of the City's and Owner's obligations hereunder are for the sole and exclusive benefit of the City and Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed to be benefited or intended to be benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of action against either the City or Owner hereunder as a result of the City's or Owner's performance or nonperformance of their respective obligations under this Agreement. [Signatures on Following Page] 25A-11 1: *7:11-.11W IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager SANTA ANA PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership By: TPC Holdings VI, LLC, an Idaho limited liability company Its: Administrative General Partner 41�� C Roope Manager By: JHC-First Point I LLC, A California limited liability company Its: Managing General Partner By: Jamboree Housing Corporation, a California nonprofit public benefit corporation Its: Sole Member and Manager Michael Massie Senior Vice President [SIGNATURES CONTINUE ON FOLLOWING PAGE) 7 25A-12 RECOMMENDED FOR APPROVAL: SANTA ANA PACIFIC ASSOCIATES II, A CALIFORNIA LIMITED PARTNERSHIP, STEVEN A. MENDOZA Executive Director — CDA a California limited partnership By: TPC Holdings VI, LLC, an Idaho limited liability company Its: Administrative General Partner Caleb Roope Manager By: JHC-First Point II LLC, a California limited liability company Its: Managing General Partner By: Jamboree Housing Corporation, a California nonprofit public benefit corporation Its: Sole Member and Manager Michael Massie Senior Vice President 25A-13 EXHIBIT "A" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Legal Description of Property Exhibit A 25A-14 i0a:11-111 a Exhibit A Legal Description All that real property situated in the City of Santa Ana, County of Orange, State of California and more particularly described as follows: PARCEL L THAT CERTAIN PARCEL OF LAND, LOCATED AT 16812 EAST FIRST STREET, SANTA ANA, CALIFORNIA, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGES 618 THROUGH 619, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, THENCE WEST ALONG THE SOUTH SIDE OF FIRST STREET, 417.75 FEET OF A POINT; THENCE SOUTH 733.36 FEET TO A POINT; THENCE EAST 417.75 FEET TO THE EAST LINE OF SAID LOT "D'; AND THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTHERN NINETEEN (19.00) FEET, AS CONVEYED TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, IN A DOCUMENT RECORDED DECEMBER 22, 1965 AS INSTRUMENT NO. 16905, IN BOOK 7781, PAGE 486 OFFICIAL RECORDS. NOTE: SAID LAND IS ALSO SHOWN ON A RECORD OF SURVEY, FILED ON JULY 13, 1964 IN BOOK 74, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: A DRAINAGE EASEMENT FOR DISCHARGING WATER FROM THE EAST 417.75 FEET OF THE NORTH 733.36 FEET OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP THEREOF RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BY MEANS OF UNDERGROUND PIPELINES, WITH THE RIGHT TO LAY, PLACE, USE, MAINTAIN, ALTER, ADD TO, REPAIR, REPLACE AND/OR REMOVE SAID PIPELINES, ALONG THE FOLLOWING DESCRIBED REAL PROPERTY: PARCEL (A): THE SOUTH FIVE (5.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP RECORDED IN BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST ON THE NORTH LINE OF SAID LOT "D" 225.75 FEET TO A POINT, A STONE 25A115 i0a:il-111 a OVER A BRICK BEING SET IN THE GROUND 3 INCHES EAST OF SAID POINT; THENCE SOUTH 733.36 FEET TO A POINT, A STONE SET OVER A BRICK BEING SET IN THE GROUND 3 INCHES WEST OF SAID POINT; THENCE WEST 225.75 FEET TO THE WEST LINE OF SAID LOT "D'; THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. PARCEL (B): THE WEST SIX (6.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA., DESCRIBED AS: A PORTION OF THE SOUTH HALF OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE COUNTY ROAD KNOWN AS MAIN STREET, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF SAID LOT "D"; THENCE NORTH ALONG THE EASTERLY LINE OF SAID LOT "D", 501.13 FEET; THENCE WEST 9.75 CHAINS TO THE WEST LINE OF SAID LOT "D'; THENCE SOUTH 501.5 FEET TO THE NORTH LINE OF MAIN STREET; THENCE EAST 9.75 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO LEROY G. CONNELLY AND WIFE, RECORDED DECEMBER 3, 1954, IN BOOK 2887, PAGE 120, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 17, 1955, IN BOOK 3285, PAGE 542, OFFICIAL RECORDS. APN: 402-191-01, 402-191-02, 402-191-04 25A216 i0a:11-111 a EXHIBIT `B" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Subject Fees for Building Permit No. The following development impact fees imposed upon the Property or portion thereof by the City of Santa Ana upon issuance of City of Santa Ana Building Permit No. shall be deferred pursuant to the terms and conditions of this Agreement: (1) TSIA (Combined Non -Residential and Residential -Multifamily) in the amount of $398,967.70 (2) Fire Facilities in the amount of $664,575.73 (3) Park Acquisitions and Development in the amount of $3,058,443.00 Exhibit B 25A-17 EXHIBIT "C" TO DEVELOPMENT IMPACT FEE DEFERRAL AGREEMENT Form Release of Lien [Attached behind this cover page] 25X' 18 i0a:11-111 a RECORDING REQUESTED BY AND WREN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 Attention: City Clerk SPACE ABOVE THIS LINE FOR RECORDER'S USE EXEMPT FROM RECORDING FEES PURSUANT TO GOV. CODE § 6103 RELEASE OF LIEN FOR PAYMENT OF DEVELOPMENT IMPACT FEES The City of Santa Ana, a charter city and municipal corporation of the State of California, does hereby release that leasehold interest in certain real property, as further described in Exhibit I attached to this Release, from the lien for payment of certain development impact fees as created by the Development hnpact Fee Deferral Agreement entered into on by and between the City of Santa Ana and Santa Ana Pacific Associates and Santa Ana Pacific Associates II, which was recorded on as Document Serial No. Official Records of the County of Orange, California ("Agreement"). This release pertains only to the property described above and does not extend to any other property(ies). This release of lien is executed and recorded pursuant to the provisions of California Government Code section 66007. Dated: Attest: City Clerk CITY OF SANTA ANA City Manager 25k219 iMa:11-111 a STATE OF CALIFORNIA COUNTY OF On before me, (here insert name and title of the officer), personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 254- 20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED ❑ As Recommended APPROVE AGREEMENT WITH ALLIED ❑ As Amended UNIVERSAL JANITORIAL SERVICES FOR ❑ Ordinance on Read g ❑ Ordinance on 2n Reading JANITORIAL SERVICES AT VARIOUS CITY Re ❑ Implementing Resolution FACILITIES IN AN AMOUNT NOT TO ❑ Set Public Hearing For EXCEED $4,140,371 {STRATEGIC PLAN NO. 6, 1C} CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Allied Universal Janitorial Services for the three-year period beginning November 1, 2019, and expiring on October 31, 2022, with a provision for two, one-year renewal options exercisable by the City Manager and City Attorney, in the amount of $3,975,371 with a $165,000 contingency, for a total amount not to exceed $4,140,371, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION City facility management recently transitioned from the Finance and Management Services Agency to the Public Works Agency. Oversight responsibilities include the maintenance and safety of the buildings. Janitorial services for City Hall, Ross Annex, Santa Ana Regional Transportation Center (SARTC), Corporation Yard, Santa Ana Main Library, Newhope Library, Police Athletic and Activity League (PAAL), and six recreation centers are provided by a combination of City staff and a janitorial service contract. On July 31, 2019, the Public Works Agency issued a Request for Proposal (RFP) for qualified firms to provide janitorial services at the various City locations. The RFP was advertised on the City's online bid management and publication system, with the bids due on August 21, 2019. A summary of the bid invitation and bids received is as follows: 34 Vendors were notified 4 Santa Ana vendors were notified 26 Vendors downloaded the bid packet 7 Bids received 2 Bids received from Santa Ana vendors 25B-1 Agreement with Allied Universal Janitorial Services October 15, 2019 Page 2 A team comprised of representatives from various City divisions, including representatives from Public Works Construction Services and Central Stores Divisions; Parks, Recreation and Community Services Agency; Library Services; and the Police Department evaluated the seven proposals received. The criteria used in the evaluation included responsiveness to the RFP, qualifications and experience, service approach and methodology, and pricing. The table below summarizes the results of the seven proposals with their respective scores: RANK PROPOSER LOCATION TOTAL AVERAGE SCORE FEE PROPOSAL 1 Allied Universal Janitorial Services Santa Ana 94 $2,271,9T4 2 Servicon Systems, Inc. Culver City 87 $2,424,894 3 Merchants Building Maintenance Santa Ana 85 $2,272,109 4 CCS Costa Mesa 83 $2,588,325 5 Valley Maintenance Corporation Santa Fe Springs 77 $2,168,208 6 Priority Building Services, LLC Brea 74 $2,639,183 7 Orange County Building Maintenance Signal Hill 65 $2,641,698 The evaluation committee determined that Allied Universal Janitorial Services was the best firm to replace the current janitorial services contractor, whose agreement will expire on October 31, 2019. This firm received the highest overall rating due to a top-quality proposal presentation, implementation plan, fee competitiveness, and overall responsiveness to the RFP. Allied Universal Janitorial Services provides janitorial services to several surrounding cities, including the cities of Anaheim, Newport Beach, and La Puente. Their corporate office is located in Santa Ana and they have over eleven years of experience in the janitorial services industry. Once it was determined that Allied Universal Janitorial Services was the highest scoring proposer, staff negotiated a $5,000 reduction in their proposal. In addition, staff requested the proposed rates for a fourth and fifth year renewal option. Staff conducted a reference check and other cities confirmed that Allied Universal Janitorial Services has met their performance goals. Therefore, staff recommends that Council approve the contract. The recommended action includes a total contingency amount of $165,000 for the cost of additional services should they be needed at any of the city facilities. 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). 25B-2 Agreement with Allied Universal Janitorial Services October 15, 2019 Page 3 FISCAL IMPACT Funding for this agreement is available in the FY 2019-20 Budget and will be budgeted in future years in the following accounts: FISCAL ACCOUNTING FUND DESCRIPTION ACCOUNTING UNIT, AMOUNT YEAR UNIT -ACCOUNT ACCOUNT NUMBER DESCRIPTION Nov. — June 01111150-62300 FY 2020-21 07317101-62310 July— June 06717650-62316 01111150-62300 July — June 01111150-62300 FY 2022-23 07317101-62310 July— Oct. 06717650-62316 01111150-62300 OPTIONAL EXTENSIONS FY 2022-23 07317101-62310 Nov. - June 06717650-62316 — Oct. nce Center General Fund Building Maintenance Regional Transportation Center General Fund nce Center General Fund Building Maintenance Regional Transportation Center General Fund Building Maintenance Regional Transportation Center vMvY Housekeeping PWA-SARTC Operations, Janitorial & Housekeeping PRCSA-Library, Contract Services -Professional Custodial, Janitorial & Housekeeping PWA-SARTC Operations, Janitorial & Housekeeping PRCSA-Library, Contract vMvHousekeepingY PWA-SARTC Operations, Janitorial & Housekeeping PRCSA-Library, Contract Services -Professional Custodial, Janitorial & Housekeeping PWA-SARTC Operations, Janitorial & Housekeeping PRCSA-Library, Contract Custodial, Janitorial & Housekeeping PWA-SARTC Operations, Janitorial & VKU,jH-uorary, t;ontra Services -Professional nce Custodial, Janitorial & Housekeeping $13,089 $562,489 $185,275 ,6151 $22,161 $209,511 $69,483 ,5631 $420,993 $137,836 25B-3 Agreement with Allied Universal Janitorial Services October 15, 2019 Page 4 FISCAL ACCOUNTING FUND DESCRIPTION ACCOUNTING UNIT, AMOUNT YEAR UNIT -ACCOUNT ACCOUNT NUMBER DESCRIPTION 06717650-62310 Regional Transportation PWA-SARTC $71,079 Center Operations, Janitorial & Housekeeping 01111150-62300 General Fund PRCSA-Library, Contract $7,946 Services -Professional TOTAL $869,706 FY 2023-24 07317101-62310 Building Maintenance Custodial, Janitorial & $432,546 Nov. — June Housekeeping 06717650-62310 Regional Transportation PWA-SARTC $142,159 Center Operations, Janitorial & Housekeeping 01111150-62300 General Fund PRCSA-Library, Contract $15,891 Services -Professional FY 2024-25 07317101-62310 Building Maintenance Custodial, Janitorial & $221,662 July— Oct. Housekeeping 06717650-62310 Regional Transportation PWA-SARTC $73,410 Center Operations, Janitorial & Housekeeping 01111150-62300 General Fund PRCSA-Library, Contract $8,023 Services -Professional TOTAL $893,691 GRAND TOTAL $4,140,371 Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Yolanda Moreno Interim Library Services Director Library Department FSS/TC/GL Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 25B-4 Exhibit 1 AGREEMENT TO PROVIDE JANITORIAL SERVICES AT VARIOUS CITY LOCATIONS THIS AGREEMENT is made and entered into this 15"' day of October, 2019 by and between Universal Building Maintenance, LLC, dba Allied Universal Janitorial Services ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On July 31, 2019, the City issued Request for Proposal No. 19-074, by which it sought a contractor to provide janitorial services at various city facilities, including City Hall, the Main Library, and the Santa Ana Regional Transportation Center. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 19-074 and addenda thereto. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform the services that were described in the scope of work that was included in RFP No. 19-074 and addenda thereto, and that is attached as Exhibit A. Contractor's proposal is attached as Exhibit B and incorporated in full. Contractor is required to provide services to any location requested by City, including those not listed herein. At any time during the term of this Agreement, and at the sole discretion of the City, facility locations may be added or removed, services hours may be modified, and services may be increased or decreased, according to City needs. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit C. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $4,140,371, which is comprised of (1) the sum of $3,975,371 as allocated annually in the respective amounts stated in Exhibit C and (2) a contingency of $165,000 for additional services at the City's sole discretion. SNE b. No price increase will be considered during the initial term of this Agreement but may be considered for the extension periods, if any, upon request by Contractor with one hundred twenty (120) days' written notice. Any increase in price shall be subject to approval by the City Council. If the parties cannot mutually agree on new rates for the extension periods, if any, either party shall have the right to terminate this Agreement after the initial term upon sixty (60) days' written notice of termination to the other party. C. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall commence on November 1, 2019 and terminate on October 31, 2022, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended for two 1-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single - limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Workers' Compensation Insurance. In accordance with the California Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for workers' compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor 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 Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the operations of the Contractor or its subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity I �) shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend, indemnify and hold hannless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. Sv:____ , ♦I. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, 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 Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 To Contractor: Allied Universal Janitorial Services 1551 N. Tustin Ave, Suite 650 Santa Ana, CA 92705 Attn: Mark E. Olivas, President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these timeframes, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 26B40 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations, including without limitation the Displaced Janitor Opportunity Act, California Labor Code section 1060 et seq. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, 2o'-11 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 Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, Permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA Daisy Gomez Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: A�. J M. Funk ssistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director, Public Works Agency Kristine Ridge City Manager nam��Ytc a`. VL1 Title: P ZC i h S-+3-r 2561*2 1— SCOPE OF WORK 1. PROJECT BACKGROUND The City currently contracts forjanitorial services at various City locations. Services include nightly cleaning of offices, common areas, bathrooms and kitchen and break rooms based on the days and hours of operations identified in Attachment 1-F. Services also include daily porter services at the Santa Ana Regional Transportation Center (SARTC), City Hall/Ross Annex, and Main Library, 2. PROJECT OBJECTIVES The City intends to contract with a janitorial service provider offering the best value for the scheduled janitorial services, including, but not limited to, the following: • Evening cleaning services at various City locations; and • Day Porter Services at SARTC, City Hall/Ross Annex, and Main Library. 3. hIINIMUM QUALIFICATIONS Offeror roust meet the following minimum qualifications in order to be considered for evaluation: * Five years' experience providing the services specified herein • Registered with the CA DIP. in accordance with the Property Service Workers Protection Act, CA Labor Code 1420-1434 4. CONTRACTOR RESPONSIBLITIES a. General Contractor must furnish the personnel, supplies and equipment necessary to provide services as described herein. Contractor roust be able to communicate by email and phone and be reachable by phone twenty-four hours per day, seven days per week for the purpose of contacting and dispatching service personnel. A response time of two (2) hours is required. The Contractor shall supply the Contract Administrator with name(s) and phone number(s) of responsible person(s) representing the Contractor for 24-hour emergency response. The above -mentioned information shall remain current at all thees. Any changes shall be forwarded to the City in writing by the end of that business day. Failure to maintain current emergency information may result in a $200 penalty for each occurrence. Contractor must comply with all applicable laws including, but not limited to, the Displaced Janitor Opportunity Act, California Labor Code, Section 1060-1065 and the Property Service Workers Protection Act, California Labor Code, Section 1420-1434 Contractor must notify City within one day, via email by Contractor's assigned supervisor, of any abnormal conditions or occurrences, including vandalized, damaged, or inoperable property. Should any City property be damaged or destroyed by the Contractor, the Contractor will bear fill responsibility for repair and/or replacement, as coordinated and approved by the City. Contractor shall bear (till responsibility for theft or loss of keys in their possession and shall pay cost of re -keying all locks operated by these keys. Keys must not be duplicated. City of Santa Ana RFP 19-074 � Attachment 1 (Page 1 of 7) 25B-13 APPENDIX ATTACHMENT I — SCOPE OF WORK b, Personnel The Contractor warrants that all persons employed to provide service under this contract have satisfactory past work- records indicating their ability to accept the kind of responsibility required under this contract.Contractor shalt provide personnel that has been trained for performance of the specified services. Contractor must provide supervision of personnel at all times. Supervisors must speak English and have been trained in supervision as well as in providing janitorial services. Contractor shall provide the City's Contract Administrator or their authorized representative an accurate list of all employees who have any relationship to work performed within the scope of this contract, prior to an employee starting work on City property, Charges to the list shall be reported in writing to the Contract Administrator or his/her authorized representative within one working day. Employees terminated by the Contractor shall be reported the same day to the Contract Administrator or their authorized representative. If a Contractor's employee is terminated after normal business hours, the next business morning is acceptable. Contractor personnel shall not be assisted nor accompanied by any individual that is not an employee of the Contractor while performing duties related to the contract. This includes, but is not limited to friends, children and/or other relatives. Employees of the Contractor that violate this stipulation shall be deemed objectionable to the City and shall not be allowed to work in City facilities. Contractor must not allow its personnel to enter the City promises while under the influence of drugs, alcohol, nor use or possess drugs or alcohol while on City premises and performing services under this contract. Should any Contractor employee be deemed Unacceptable to the City for any reason, City may notify Contractor and request the removal of the personrict involved and replacement must be provided, The City shall have the right to require the removal and replacement of Contractor's personnel under the awarded contract, The City shall notify the contractor in writing of such action. The City is not required to provide any reason, rationale or additional factual infbrination, if it elects to request any specific employee be removed frorn performing services under rho awarded contract, The Contractor shall ensure sufficient staffing levels to provide the services described herein. Should Contractor personnel fail to report for this or her shift, the Contractor must provide a replacement within, two hours. Criminal Background Certification: Contractor certifies that all employees working on this contract have had a criminal background check at Contractor's cost and that. said employees are clear of any sexual and drug -related convictions. Contractor further certifies that all employees hired by Contractor or Subcontractor shall be free from any felony convictions, City reserves the right to require Contractor to pay fingerprinting fees for personnel assigned to work in sensitive areas. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within City of Santa Ana RFP 13-074 Attachment 1 (Page 2 of 7) 25B-14 APPENDIX ATTACHMENT I — SCOI the City. Furthermore, City locations consist ofpublic-use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City performeh Contractor's personnel and agents shall comply with all City rules and regulations white on City premises. Rules of Operation I. Contractual Obligations: The City shall require certain contractual obligations, which may include, but are not limited to, the following: • Inclusion of Proposal: The proposal submitted in response to this RFP shall be a required part of the final agreement with selected proposer. fi. Agreement: A resulting agreement shall include any written material made as part of your proposal. This material may include, but is not limited to: answers to questions contained in this RFP, addenda, letters, telegrams, facsimile, and product literature. Ill. Changes to Terms & Conditions: Proposers are to submit, as part of their proposal, any changes or modifications to the terms and conditions they may wish the City to consider. Proposers are encouraged to offer any other options, with the understanding that their proposal shall first address the RFP requirements. Options are to be identified as such. iv, Errors and Omissions. Proposer shall not be allowed to take advantage of any errors or omissions in the RFP. Full instructions will be given if such error or omissionis discovered and called to the attention to the City in a timely matnier, 5. UNIFORMS Contractor personnel must wear uniforms supplied by the Contractor while on City premises. The uniform will be subject to approval by the City and must consist of a long or short sleeved shut, full- length pants, and have the Contractor's name and/or logo permanently affixed. Contractor personnel must wear protective gear appropriate to the task(s) being performed, as required by applicable Cal/OSHA regulations, 6. SUPPLIES and EQUIPMENT The City will ONLY provide the following supplies: Toilet paper Hand Towels Toilet seat liners Trash bags Hand soap Supplies, equipment and tools which the Contractor must provide and maintain include, but are not limited to: City of Santa Ana RFP 19-074 Attachment 1 (page 3 of 7) 25B-15 ATTACHMENT i - SCOPE OF WORK Cleaning agents (such as floor, tile, glass) !Floor wax Floor wax strippers Sealers Tile polish Metal polishes Furniture waxes and/or olishes Surface saninzers Surface disinfectants Wet and dry vacuum cleaners Carts Floor washers Floor buffers Carpet pile lifters Brooms Mops Buckets KEX-style sweeping tools Sponges Rags Squeegees Wet Floor Signs Contractor must provide containers on wheels to move trash through the buildings and out to dumpsters. At no time shall containers or other equipment be slid on floors. Contractor shall store all equipment in janitors closets throughout the facilities. a. Bio-Based Products As a means to reduce staff" exposure to harmful cleaning chemicals, the City will require that bio-based products shall be used by Contractor. The City will require that only cleaning chemicals included in the bio-based product listing from the United States Department of Agriculture (USDA) be used. As of December 2015, USDA has certified 2,500 bin -based products in more than 100 product categories. Visit the product catalog at wwww.biopreferred.gov to view a complete list. All supplies and materials used for daily maintenance shall, be of a type and quantity that conform to bio-based USDA standards. The Contractor sball utilize bio-based products available that meet applicable health and environment specifications. All supplies and materials to be used in the performance of work under this contract are subject to the approval of the Contract Manager. The following is a list of categories for products that may be required for performance of custodial duties. Each product submitted for use under this contract must be identified with at least one of these categories (some products may be listed under more than one category). Labeling shall be printed on all containers. « All-purpose cleaner Heavy duty cleaner Carpet shampoo • Gran Remover City of Santa Ana RFP 19.074 Attachment 1 (Page 4 of 7) 25B-16 APPENDIX ATTACHMENT I -- SCOPE OF WORK * Disinfectant sanitizer + Extraction Fluid * Floor stripper * Neutral cleaner (liquid) * Spot and stain remover * Air freshener including dispenser Bathroom cleaner + Brass polish/cleaner, Chrome polish/cleaner, Cream cleaner/ Solvent spotter * Floor finish; * Floor finish restorer/ Floor sealer/ Furniture polish/ Glass cleaner; * Grout Scaler; + Lime and scale remover (tub & the cleaner), including dispenser Stainless steel polish; * Toilet bowl cleaner; * White board cleaner; + Wood floor cleaner; and * Laundry detergent It. Material Safety Data Sheets (MSDS) Material Safety Data. Sheets must be on -site arad available for all chemicals stored and used within a service area prior to beginning work. 7. SERVICE PROCEDURE (GENERAL INFORMATION) Supervisor or lead on duty at City sites shall work with City personnel in planning and scheduling tasks. Contractor shall advise Contract Manager if any additional work is required and when the Contractor will return to perform that work. Contractor shall report accidents and injuries to OCFA inunediately. Use of City telephones and radios is prohibited, except under emergency circumstances for medical aid, fireor safety, etc. Unauthorized use of City office equipment such as copy machines, computers, fax machines, calculators„ appliances, water cooler dispensers, etc, is prohibited. Contractor personnel shall not open drawers, cabinets, or locked doors, except to access approved supplies with express permission of the City, Items left on desks or other surfaces shall not be disturbed. Contractor shall report conditions such as leaky faucets, plugged drains, or broken fixtures, water on the floor, broken janitor closets, replacement of janitor closet lamps, etc, to City. Contractor shall respond to all set -vice complaints no later than the next business day, Contractor must not recycle trash or store trash on the premises for personal gain. Contractor shall keep all doors locked while working at each site. Keys shalt not be left in the doors. Contractor shall not admit any person into a building who is not a direct employee of the contractor actively engaged in providing the specified City of Santa Ana RFP 19-074 Attachment 1 (Page 5 of 7) 25B-17 APPENDIX services, Contractor personnel shall not enter areas of the facilities not specifically included in the scope of services, Contractor shall check all windows and doors for proper closure and locking, and extinguish all lights upon exiting buildings, & QUALITY CONTROL PROGRAM Proposer shall submit a Quality Control Program as part of their proposal and shall include at a minimum, the following: 1. Monthly inspection system covering all the services listed in the Scope of Work, It shall specify each site listed in the RFP and its observed state of cleanliness, 2. Methods for identifying and correcting deficiencies in quality of service. 3. Proposer shall maintain a rile of inspections conducted and, when applicable, take corrective action. A copy of each inspection and documented corrective action shall be delivered to the Contract Manager within seven (7) calendar days from the date of inspection. This collected data shall become part of a general database used by the proposer as a basis of establishing and modifying maintenance procedures. 9. QUALITY ASSURANCE The Contract Manager or designee shall monitor the Proposer's performance using the agreed upon inspections, standards, and schedule as outlined in this RFP, City staff shall conduct facility inspections and cleaning deficiencies will be noted, A copy of the facility inspections shall be given to Contractor's on -site supervisor within seven (7) calendar days of the inspection to allow for correction of any noted areas not being cleaned to the levels described in the Scope of Work. If continued deviation from performance standards occur, an Agreement Discrepancy Letter shall be prepared by the Contract Manager within five (5) business days acknowledging the reported problem and presenting a program for immediate correction or presenting contrary evidence. 10, INVOICING Invoices submitted by the Contractor must include the following information: 'Invoice Number Invoice Date Location of Service 'Brief Description of Service Dates of Set -vice Unit add Extended Prices foual A mourit Requested Federal Tax LD, Number 11. DELIVERABLES a. Scheduled Janitorial Services Regular service is to be performed as described herein and in Attachments I -A to 1-E. It. Special Event One -Time Cleaning Special services for locations other than the sites specified in this RFP will be scheduled and coordinated by the City on an as -needed basis and will include ajob site visit and estimate prior to the scrvice. City of Santa Ana RFP 19-074 Attachment 1 (Page 6 of 7) 25B-1 8 APPENDIX ATTACHMENT I— SCOPE OF WORK 12. HOURS OF OPERATION a. Please refer to Attachment t-E b. City Observed Holidays for all facilities, with the exception oFSARTC areas 61lows: New Year's Day President's Day Independence Day Veteran's Day t working day before Christmas Day Birthday of Martin Luther King, Jr, Memorial Day Labor Day Friday following Thanksgiving Day Christmas Day Please note that SARTC is open 365 days a year and does not close on City -observed holidays, C. Contractor must provide the City with 24-hour advance notice of any schedule deviation. 13. FEE PROPOSAL Proposers shall provide monthly and fiscal year pricing, using Attachment 3-6, for janitorial maintenance services. Pricing shall remain firm for the entire Agreement term. Thereafter, any proposed pricing adjustments for follow-on renewal periods shall be submitted to the Contract Manager in writing at least ninety (90) days prior to the new Agreement term, City reserves the tight to approve or deny any pricing adjustments. Proposers shall upload all pricing separate from, but submit concurrently with the other elements of their proposal. 14. ESCALATION CLAUSE The City requires bonafide proof of cost increases prior to any price escalation adjustment, including any state mandated minbrami wage increases. A minimum sixty (60) days advance notice in writing is required to receive consideration for such adjustments. No retroactive pricing adjustments shall be considered. The City shall enforce, adjust, or, cancel escalating price agreements as itsces fit. The net dollar amount of profit shall remain firon during the period of this agreement Adjustments increasing the Proposers profit shall not be allowed, 15. CITY FACILITIES Contractor is required to provide services to any location City requests, including those not listed herein. Facility locations may be added or deleted, service hours may be modified, and Services may be increased or decreased at any given time according to City needs during the term of the contract, 1 -A (Page 7 of 7) 25B-1 9 APPENDIX ATTACHMFNT I -A— DAILY MAINTENANCE TASKS Genera Contractor shall remove all litter found and clean unsightly soil from building, fixtures, walls, door frames, doors and other surfaces; remove any spilled liquids or solids; remove carpet stains; pick up all towels from floor or counters within locker rooms and fitness center areas, placing towels in the proper receptacie(s). Dusting Building Surfaces Contractor shall remove all dust, lint, cobwebs, debris, dry soil, eta from surface of ledges, window sills, locker tops, and fire extinguishers. This shall include counter tops, walls, ceilings, door frames and sills, light switches, pictures, partitions, rails and other types of fixtures and surfaces which are not considered as furniture surfaces. This includes atrium wood ledges and specialty equipment such as test equipment, computers, typewriters, calculators, etc., which are located anywhere between the floor surface and up to nine (9) feet in height. Busting shall be accomplished by the removal of loose soil from the area — not by moving it from one surface to another. Snot Cleaning of Building Surfaces, Furniture and Fixtures Contractor shall clean to remove smudges, fingerprints, marks, streaks, tape, etc., from the surface of ledges, windows and sills, fire extinguishers, counter tops, walls, light fixture holders, ceiling vents, doors, door frames and sills, pictures, partitions, rails and other types of fixtures and surfaces. This includes all items from the floor surface up to 11 feet in height. Special care is to be taken to not permanently mar, scratch, or discolor any surface. Contractor shall comply with the City's requirement to implement a program to promote cost-effective waste reduction in all operations and facilities covered by this contract. The Contractor's programs shall comply with applicable Federal, State, and local requirements, including the following regulations: Assembly Bill 341— requires entities that generate four or more cubic yards of waste per week to arrange for recycling services AB 1326 - requires entities that generate four or more cubic yards of waste per week to arrange for recycling of organic waste Senate Bill 1383 — will require municipalities to procure recycled content paper products for at least 75% of annual paper buy and to retain records of all recycled content paper procurement. This requirement includes custodial paper products, City Facility Centralized Recycling Programs In an effort to comply with state recycling mandates (Assembly Bills 341 and 1826), beginning on or before the effective elate of this contract, the City will transition to a `centralized' recycling system at all City facilities. The centralized recycling system will require all City employees to only dispose of recyclable items at their work stations, Recyctablc materials include paper, plastic, glass, aluminum, cardboard, and any other materials accepted by the City's rubbish hauler. The selected contractor shalt be required to empty all workstation receptacles on a daily basis and return the receptacles to their initial location. The contents of the workstation receptacles shall be consolidated and deposited in the facilities' single -stream rec'yclin.zr dumpster. Workstation recycling receptacles do not need plastic lines. of Santa Ana RFP 19-074 chment 1-A (Paget of 5) 25B-20 APPENDIX ATTACHMENT 1-A— DAILY MAINTENANCE TASKS Contamination Procedures If a custodial employee finds non -recyclable items in a work station recycling receptacle, the custodial employee shall remove the item from the recycling stream, place it in the trash or organics stream, and leave a `Recycling Reminder' note on the desk of the employee who placed an unacceptable item in the recycling receptacle. Upon award, the City will provide a sufficient amount of printed `Recycling Reminder' notes and list of acceptable and non -acceptable items to the Contractor, Contractor will be responsible for placing the notes when contamination is identified. The Contractor will be responsible for assuring all janitorial closets are stocked with 'Recycling Reminder" notes, training custodial staff on the contamination procedures, and notifying City staff of when there is a low inventory of `Recycling Reminder' notes. Collection Protocols Receptacles are to be cleaned as needed each time. Boxes, cans, paper, and other recyclable items marked 'trash' or `recycling' shall be removed and recycled. Cardboard boxes and cartons are to be broken down flat prior to being placed in the recycling bins. All collected recyclables from such workstation receptacles shall be removed from the area and deposited in a designated single -stream recycling in such a manner so as to prevent the adjacent area From becoming littered by said trash. t}rganic Waste Recycling Program Further, if organic waste recycling service is available at a City facility, City employees will be required to dispose of organic food scrap items, such as food waste, food -soiled paper, and other organic materials collected by the City's rubbish bauler, at designated organics recycling receptacles located in breakroorns and areas where food waste is generated. All breakrooms at city facilities that have organics recycling service will contain organics recycling receptacles for use by City employees. The selected contractor will be required to empty all organic waste recycling receptacles on a daily basis and return the receptacles to their initial location. The contents of the organic waste recycling receptacles shall be consolidated and deposited in the facilities' organics recrclirt dumpstcr or cart. Organic waste recycling receptacles roust have plastic liners. Organic waste materials contained in plastic liners are acceptable in the City facility organics recycling program and can be placed in the organic waste recycling dumpsters and/or carts serviced by the City's rubbish hauler. Trash Collection Protocols City employees will be required to dispose of non-mcyclabte and non -organic waste items, such as Mylar chip bags, broken glass, rubber gloves, etc, at designated trash receptacles located in breakroorrrs and restrooms. All trash receptacles shall be emptied daily and returned to their initial location. This shall include those trash receptacles located in work stations, patios, balconies, parking areas, and centralized areas, as well as any placed outside entry doors. Receptacles are to be cleaned as needed each time, All collected trash from such receptacles shall be removed from the area and deposited in a designated trash dumpster or trash receptacle in such a manner so as to prevent the adjacent area from becoming littered by said wash. Soiled or tom trash receptacle liners shall be replaced with a now liner, Liners shall be replaced in such a manner as to present a neat and uniform appearance. Contractor shall empty and clean around large trash bins located in the Ross Annex Parking Garage Spot Cleaning of Trash Receptacles Contractor shall remove non-pennanent stains and soil from the interior and exterior surfaces of trash receptacles. City of Santa Ana RFP 15-074 Attachment 1-A (Page 2 of 5) 25B-21 ATTACHMENT I -A— DAILY MAINTENANCE T Outside Patios, Balconies and Building Entr1ways Contractor shall remove cobwebs from overhead surfaces and lights affixed to the building entryway areas. This includes cleaning the exterior of glass and metal doors, door thresholds and hardware. Contractor shall remove any litter, cigarette butts, and bird droppings. Entrance Glass, Mirrors, and Workstation Glass Contractor shall thoroughly clean both sides of all surrounding building entry door glass and entry doors for a uniform appearance free of all smudges, fingerprints, stains, streaks, lint, etc.; remove any paper and/or tape; clean all mirrors in resnotims, locker rooms and fitness center in the same manner as noted above; and spot -clean workstation and/or partition glass daily as needed. Drinking Fountains and Sinks Contractor shall remove all obvious soil, streaks, smudges, etc., from hardware, including Spouts and drain. After cleaning and disinfecting, the entire drinking fountain and/or sitik (includes all sinks in coffee root -as and lounges) shall be free of streaks, stains, spots, smudges, scale, and other removable soE Oil is not to be used to polish metal fixtures, If needed, Lime -Away or a similar product shall be used to eliminate hard water build-up, Wash Basins, Toilets, Urinals and Showers Contractor shall apply a germicidal detergent solution to all surfaces of wash basin, toilets, toilet seat hinges, pipes, urinals, showers, and adjacent surfaces; remove soil from all surfaces of these fixtures and adjacent surfaces; dry all metal surfaces of faucets, handles, valves, etc. Shower wall, floor and door soap scum, mold and mildew shall be retrieved daily and drain screens cleaned of hair and lint. Contractor shall de -scale toilets and urinals to remove scrun, mineral deposits, rust stains, etc. Oil is not to be used to polish metal fixtures. Refilling of Dispensers Contractor shall inspect and refill each toilet paper, soap, paper towel, toilet seat cover and feminine hygiene dispenser, Supplies shall be placed in the dispensers hi accordance with the supplies and dispenser manufacturers' instructions. Soap dispensers and adjacent surfaces shall be wiped to remove spillage. Care shall betaken so as not to damage, dent, or bend dispensers. Floor Drain Contractor must clean all floor drains and remove corrosion and tarnish. Entrance Nab Contractor shall remove moisture, wet or dry soil, and any debris from carpeted, rubber and/or other material mats. Ensure mats are properly positioned on the floor. Vacuuming of Carpeted Floors Contractor shall remove visible and hidden soil and debris from carpet surface and from within the carpet pile. Chairs, trash receptacles, power cords, boxes and other such items shall be tilted or moved where necessary. Special attention shall be paid to corners, along the walls and under/between furniture to ensure carpet is thoroughly cleaned in all areas. Carpet shall be free ot'all visible soil and litter. Vacuuming of All Fabric Furniture Surfaces Remove all dust, debris, lint, hair, titter and dry soil than all fabric surfaces of chairs, couches, work station partitions and other furniture with fabric covering. Santa Ana RFP 19-074 ment 1 -A (Page 3 of 5) 25B-22 APPENDIX ATTACHMENT I -A- DAILY MAINTENANCE TASKS Stain Removal on Car et Unholsterv. Partition Panels and Walls Contractor must clean and/or remove all stains as quickly as they are discovered so as not to allow them to set into the fabric. If the stain is due to a coffee spill, a contractor -supplied product similar to Interface Coffee Breaker must be used, following the manufacturer's recommended procedures. Spot clean as necessary to correct soiled area. Mopping of Non -Carpeted Floors Contractor must remove soil, hair, dust and debris from non -carpeted floors. Trash receptacles and other such small items shall be moved as necessary and returned to their appropriate location. All accessible areas of the floor shall be darnp mopped. Care shalt be taken to prevent splash and mop streaks from being visible on furniture legs, doors, etc. "Caution Wet Floor" safety warning signs shall be placed so as to provide sufficient safety measures. After a Floor has been damp mopped, it shall have no puddled water and be free of soil, stains, debris, streaks and swu l marks. All wet floor signs shall be removed and put away when the floor is sufficiently dry to be safe for use. Disinfecting of Restrooms Furniture, Fixtures, Walls and Partitions Contractor shall damp-wipc and disinfect all non -wood hard surfaces of furniture, fixtures, walls, partitions, doors and lockers, Special care shall be taken to ensure these surfaces are not scratched, damaged, or stained. In Parks locations, remove all graffiti from walls, doors, partitions, etc. Check for stoppages and plunge as needed. Immovable stoppages shall be immediately reported to 714-647-6521 Cleaning of Wood Furniture and Stut-Faces Contractor shall thoroughly clean to remove smudges, fingerprints, marks and streaks from wood surfaces while ensuring to not scratch or mar surfaces, Cleaning of Lunch and Break Rooms Included in this contract are all lunch and break roams, including the kitchen and cooking area, disbwashing area; restrooms, eating areas„ vending maehinas, hallways, glass and painted doors, unlocked storage closets, microwave ovens and refrigerators. Wipe clean the inside of all microwave ovens to remove any crumbs and/or spills. Areas shall be cleaned so that grease; dirt, food particles, trash and other litter are thoroughly removed from surfaces. These areas are to remain a healthy and clean environment For use by City employees on a daily basis. Fitness Center Exercise Euuipment Contractor shall wipe down all metal to polish off shoe marks and sweat stains and disinfect surfaces; clean upholstery and wipe off shroud and side rails of treadmills, as well as the consoles on treadmills and other machines; clean the elliptical trainers, ski machines, bikes and stair stepper machines to remove sweat and stains and disinfect machines. Contractor shall clean out the tracks of the elliptical trainer with a dry towel only; and clean tops of any rubber mats and under each treadmill by ensuring all dust and. black motor powder residue is completely removed with a vacuum. Special Notices All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items, such as trash receptacles or desk chairs, that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the gcneral public and Attachment 1-A (Page 4 of 5) 25B-23 ATTACHMENT I -A— DAILY MAINTENANCE TASKS staff. All such work areas shall be denoted appropriately, Work, areas and equipment shall remain under this state/condition until all work is complete, equipment is vacated, and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution — Wet Floor", shall be placed by the Contractor's employees each time such conditions exist that would warrant placement of such signs. Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 19-074 Attachment 1 -A (Page 5 of 5) 25B-24 PEAPNDIX ATTACHMENT I_D WEEI{LY MAINTE �A1�ICE'rASKS Dusting of Cektlna. Atrium Ledges, Lunchroom DrMall Ledges and RVAC Watl Vents Contractor shall clean all HVAC vents and area immediately surrounding them; Must all atrium ledges at the glass/wood railing areas and at the atrium stairs; and dust lunchroom drywall edges. Care shall be taken not to spread dust into the air. Ili h Dusting Contractor shall remove dust, cobwebs, oily film, etc., from all fixtures and surfaces above 1 I feet from tine floor surface, This includes lights, grills, light fixtures, pipes, sprinkler systems, cables, ledges, walls, atrium wood and ledges, ceilings, vents, etc. Care shall be taken not to spread dust into the air. Moss Annex Parking Garage Contractor shall inspect for and remove any gum from garage floor, SPECIAL NOTICES All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to their appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff, All such work areas shall be denoted as such. Work areas and equipment shall remain under this store/condition until all work is complete, equipment is vacated and passage is safe for all. The proper quantity and type of safety warning signs, such as "Caution — Wet Floor" shall be placed by (he Contractot's employees each time such conditions exist that would warrant placement of such signs, Signs are to be picked up and stored in the appropriate janitor room once the condition no longer exists to warrant such signs. City of Santa Ana RFP 19-074 Attachment 1-6 25B-25 APPENDIX ATTACHMENT I-C— MONTHLY MAINTENANCE TASKS NOTES: 1) Some items in this section are noted ("m ") as being performed at intervals other than monthly_ Respondents are instructed to calculate those costs into monthly figures for evaluation purposes. 2) All monthly floor work must be done during non -business hours. For operating hours, per site, please see Attachment 1-F. Contractor shallperfornt the following tasks on a neonthlh basis; Carpeted Floors Pile lift carpet flours in all areas. Carpeted Floors — Bi-Mouthly* Spin Bonnet all carpeted floors every two (2) months. "(calculate to monthlycostfor bidding purposes) January; March; May; July; September and November Carpeted Floors — Semi -Annually" Extract clean carpeted floors two (2) tunes per year. *(calculate to rnornhly cost for bidding purposes) April and October Tile Floors Clean and restore a uniform glass and protective finish to resilient tile or terrazzo floors that are finished with a floor finish. All chairs, trash receptacles, etc„ shall be tilted or moved where necessary to spray buff underneath. The entire floor shall have a natfionn crating of floor fuish. All spray buff solution shall be removed from baseboards, furniture, trash receptacles, etc. Tile Floors - Quarterly* Strip and wax all tile floors quarterly. *(calculate io monthly castfearbidel ngpurposes) Floor Drains Pour one gallon of clean water in all floor strains to flush traps Blhrds Contractor shall clean all blinds, shades and draperies. Care shall be taken not to spread dust into the air. stairwells* Emergency stairs shall be swept monthly. All non -emergency stairwells shall be maintained as part of the daily tasks. *(calculate to monthly cost for hiclding purposes) SPECIAL NOTICES All floor work listed must be done daring non -business hours. For operating how's, per site, please see Attachment t-F. City of Santa Ana RFP 19-074 Attachment 1-C (Page 1 of 2) 25B-26 APPENDIX ATTACFIMENT I-C- MONTHLY MAINTENANCE TASKS All furniture moved by the Contractor's or any Subcontractor's employees during the performance of any services shall be returned to its appropriate location. All items such as trash receptacles or desk chairs that are moved to enable cleaning underneath or around them shall be returned to thew appropriate location. Work areas shall be secured and equipment placed to prevent passage by the general public and City staff, All such work areas shall be denoted as such. Work areas and equipment shall remain under this statelconditian until all work is complete, equipment is vacated and passage is safe for all, The proper quantity and type of safety warning signs, such as "Caution — Wet Floor" shall be placed by the Contractor's employees eacb time such conditions exist that would warrant placement of such signs, Signs are to be picked up and stored in the appropriate janitor room once the; condition no longer exists to warrant such signs. 1-C (Page 2 of 2) 25B-27 6l.L AJ:Il\Vlt} [ENT I-D- DAY POWfER SERVICE STAFFING REQUIREMENTS Contractor shall supply the requested personnel at Santa Ana Regional Transportation Center, City flalllRoss Annex, and Main Library during normally scheduled working hours, In the event the day porter is sick, fails to show, or otherwise unable to perform duties, contractor shall provide a day porter replacement within two hours. 1. SANTA ANA REGIONAL TRANSPORTATION CENTER (SARTC) The SARTC at Santa Ana covers 6.75 acres and contains a 47„000 square foot main terminal, two surface parking lots, and one four-story parking structure. A three-story pedestrian bridge and Past Platform were added in 2006. The main facility was opened in 1935. Occupancy and public usage has expanded at a rapid rate and today, approximately 37,000 square feet of space is in use. The SARTC at Santa Alla is open for business from 5:00 AM to midnight, 365 days a year, and requires regular cleating and routine,janitorial maintenance services. Staffing general assignments are as.fn[lowsr A. Monday through Fridav t6;00 AM to 11:00 PMl NOTE,- SARTC requires an on -site lead Monday -Friday. One of the day porters referenced above must be designated an on -site lead. One Dav Porter {Exterior 6:00 AM to 2:30 EMl General Description of Duties: Maintains the exterior including, but not limited to, Platfor n 1 and 2, pedestrian bridge, parking structure (including elevators) and areas outside the buildings from the courtyard to Santa Ana Blvd, and to Santiago Street. Set up conference rooms, as needed. Tasks include, but not limited to, general sweeping and mopping; trash removal; cleaning of ashtrays; stoning of received supplies; and other assigned duties as deemed necessary to maintain the facility in a clean condition. May assist the general custodian assigned to the interior space. One Day Porter (Interior 6:30 AN1 to 3:0013M} General Description of Duties: Monitor all downstairs restrooms, when possible, on an hourly basis; three complete cleanings of downstairs restrooms daily; take out trash regularly throughout the day; take out trash; consistently maintain the station's ground floor Bile in a clean condition by regularly mopping as needed; daily cleaning of stairs to 2nd floor; weekly cleaning of windows as needed; consistent cleaning of the entrance area windows throughout the day; da ly cleaning of the main elevator; and other assigned duties as deemed necessary to maintain the facility in a clean condition. C,�n Gesr� 1�,Cy��r]jgry(It riot-2:30 pm to l 1:00 tinhl General Description of Duties: Maintains the V — 5111 floors on a daily basis; takes out trash and cleans around work areas daily; cleans ashtrays on a daily basis; cleans 2nd and 3rd floor restrooms after 5:00 PM daily; assists with cleaning restrooms on tat floor during evening hours; and other assigned duties as deemed necessary to maintain the facility in a clean condition. ® City of Santa Ana RFP 19-074 Attachment 1-D (Page 1 of 3) 25B-28 ATTACUNIENT I-D— DAY B. Saturday acid Sundav(6:30AMtolt:OOEUI STAFFING One General Custodian (Interiors General Description of Duties: Monitor all I It floor restrooms, when possible, on an hourly basis; at a minimum, three complete cleanings of I" floorrestroorns daily, take out trash regularly throughout the day; consistently maintain the station's ground floor tile in a clean condition by regularly mapping as needed, daily cleaning of stairs to 2`0 and YJ floor; weekly cleaning of windows as needed; consistent cleaning of the entrance area windows throughout the day; daily cleaning of the room elevator; and other assigned duties as deemed necessary to maintain the facility in a Olean conditions. May be requested to empty trash cans in certain exterior areas that have high usage. Maintain exterior entryway floors in clean condition. 2. CITY IIALL and ROSS ANNEX City Hall and Ross Annex are located at 20 Civic Center Plaza, Santa Ara, CA 92701 and are open Monday through Thursday and every other Friday, 730 am to 5:30 pin and on Fridays 8:00 arn to 5:00 pirr, City Hall is located within the Civic Center Complex that includes City, County, State and Federal offices. The City Departments housed at City Hall include City Manager's Office, Clerk of the Council, City Attorney's Office, Community Development Agency, personnel, Public Works Agency, Planning and Building Agency and Parks, Recreation, and Community Services, Stciffinggetierala.ssipiinetit.,y are asfallorrs: A. Monday thurcanda Fridav (8:00 AM to 5:00 PM) kine Day Pointer (Assigned tQCi Hall Ross An.nexnnd Main UtbraiTj General Description of Duties: This position is shared between City Hall and the Main Library. Primary duties include keeping all public areas clean and free of trash and debris. Consistently check and clean the public restroonis, throughout the day, as needed, restock all toilet paper, paper towels and scat cover dispensers. Clean and disinfect, as needed, public areas at the Main Library and City Hall. Clean, as needed, lunchrooms Had employee restrooms, Attend to any emergency clean -tips as requested by City, City Hall is closed every other Friday, on those Fridays the day potter will be primarily assigned to the Main Library, but may be required to work on cleaning projects at City Hall. 3. MtUN LIBRARY The Main Library is located at 2( Civic Center Plaza, Santa Ana, CA 92701. The Main Library provides Spanish, English, and Vietnamese books, DVDs, music CDs and books on CD for adults, teens and children; story times in English and Spanish; and other special programs for children and families. Additionally, various workshops, gaming and activities for teens, and workshops for limited English-speaking adults are available. Bilingual burning City of Santa Ana RFP 19-074 Attachment 1-D (Page 2 of 3) 25B-29 AFMINVIX ATTACHMENT I-D— DAY PORTER SERVICE STAFFING REQUIREMENTS services for children and teens are provided in the Library Learning Center. The Main Library is open Monday through Thursday from 10:00 AM to 9:00 PM, Friday and Saturday from 10:00 AM to 6:00 PM, and Sunday 12:00 PM to 4:00 PK Staffing general assignments are as follows.: A. Monday through Saturday (5;00 AM to 11:00 AIM) Two Janitors General Description of Duties: These positions will be assigned to different sections of the Main Library with the primary function of cleaning the facility before it opens to the public. Maintain all public areas and Administrative Offices clean and free of trash and debris. Clean public and employee restrooms on a regular basis. Daily restock all paper supplies. Wipe down and sanitize countertops, tables and chairs. Dust open areas and bookshelves, as needed. Remove all trash front receptacles and place new liners each time. Additional duties as assigned. M Sunday, (6:00 AM to 12:00 PM) General Description of Duties: Same as above. City of Santa Ana RFP 19-074 Attachment 1-D (Page 3 of 3) 25B-30 APPENDIX ATTACHMENT I-P-- JEROME CENTER GYMNASIUM A high level appearance and a safe surface underfoot require scheduled, daily preventative maintenance as specified below. 1, Gymnasium General- Daily Maintenance a, Clean walls and doors free of smudges, ball marks, and any other marks. b. Clean any fixtures and/or appurtenances by wiping theta free of marks, dust or any other unclean material. c. Clean bleachers of trash, spills, stains, dust, dirt, etc. Wipe down bleachers handrails. d. Clean, sanitize, and polish all steel surfaces including but not limited to metal hardware, door bandles/plates, etc. e, Clean all interior and exterior door glass. f. Polish all panic bars and kick rails. 2. Gymnasium General- Weekly Maintenance a. Dust vents and other appurtenances up to 12' high, b. Clean and disinfect wall coverings, dust, marks, etc, up to 12' high e. Wipe down baseboards free of dust, manes, etc. d. Clean basketball baseboards flee of smudges, ball marks, dust, etc. 3. Gymnasium Floor -Daily a. Mattinc- Contractor shall provide and replace as often as necessary U.S. Matt & Rubber Corporation entrance guard mats (or approved equal) at each outside and inside entry door directly leading into the gymnasium. 'no mats will be sized to cover the entire width of all doors in order to protect the gymnasium floor from dirt, moisture; and other materials harmful to the gymnasium floor. b. Dust Mo ling- An essential element of preventative maintenance of wood sports flooring is daily dust mopping. i. Contractor shall use Algoma Mop Manufacturers "Mariner" mops (or approved equal) that have been treated with Aillyard Super Hil-Tong, Hii--Mist, or Hil-Treat products, to remove dart and grit that acts like sandpaper underfoot in wearing away the gloss and protective coating on the footing, Contractor shall clean the entire gymnasium wood floor surface daily. iL Contractor shall treat dust mops by following manufacturer instructions. Dust mops must never be used into edialely after being treated. Contractor shall rotate dust maps daily. Contractor shall always brush out or vacuum the dust mops after each daily use, retreat the mop, and hang overnight for the next use. c. Spot Moupiti Llanlp Moraine- Contractor shall also provide daily preventative maintenance of gymnasium wood sports flooring by removing spills and soil that daily dust mopping does not remove. It is important to remove spills as soon as possible to prevent slips and fails. For removal of blood, fecal matter, urine, and other potentially infectious materials as outtmed in OSHA Regulation 29 CFR 1910,1030, Contractor shall use the Hillyard Bodily Fluid Disposal Kit (Mfr./Product No. I-11L0018204) 4. Gymnasium Floor- Weekly a, Mop the entire gym boor once every two weeks using a ratio of I -gallon warm water to € -cup white vinegar to 1-cup rubbing alcohol, Change water frequently to avoid mopping with dirty water, thereby, spreading dirt and grime throughout gym floor. City of Santa Ana RFP 19-074 Attachment 1-F_ 25B-31 APPENDIX ATTACHMENT I-F- PROPERTY MASTER LIST W 14 a % X Awnez74AM 69AM %OM' 12 -- -------- jo It'Sax '4 Midn �cvffpftkio y4lrd 'A"".5pyr, W i !PUWlcVVsyk%Admire. sildg, A 211,5W 14,200 14,300 1 13 1 is �coqtmtat Yard mF *MicaVIVOStmes fftdj.ik 3,S70 C. 3,5X 2 x m-*h Wb 7aw4p. F il" Ana Reagional Aw"IsiblayHomi k I 34ASA 30IS 4,W4 l a 3 5 iswit-madrj& a 1 t2nd-wi- plam, ISAM 'j10WtSm1AAOa8hd t 3 !HMO i w1b ties sidCry dep Iftyi-5g"Sot !a luMmieviat 0 tin T'sday i 2n z5go 116m: 3 !PAM-*M WT) 3 9,447, 5,533 3,=! i23 474W. W its, 3 As" 414 Ana, V LW 1,951 z 2pm own We 4720 2 16 ;wz W, Civic cymn, 'Sun-spinwr canu Oyer ftupstvi roarteeddlOap pm+jiiq for day paritief workln$ U-r .'NEIessing of the aminihm 43 inclAided as Ott of this -'we astOteneyd I- F Troah gatiftessiel and wMieved will assed to lys MOmpufted tome of the ather City Nl%ea Ideniti4eis City of Santa Ana RFP 19-074 Attachment 1-F 25B-32 UNIVERSA A Partnership between City of Santa Ana s, m 9fi RFP for Janitorial Services at Various City Locations RFP No.19-074 Allied Universal Janitorial Services A Partnership between City of Santa Ana s, m 9fi RFP for Janitorial Services at Various City Locations RFP No.19-074 Allied Universal Janitorial Services TABLE OF CONTENTS Statement of Qualifications pg. 4 a) Cover Letter b) Secretary's Certificate c) Contract Agreement Statement (Attachment 6) d) Firm and Team Experience e) Understanding of Need f) Relevant Project Experience g) References (Attachment 7) Scope of Services and Schedule pg. 19 a) Strategic Hiring Plan b) Training Program c) Transition Plan d) Employee Recognition & Benefits e) Green Cleaning Program f) Technology Fee Schedule pg. 30 Certifications pg. 32 a) Non -Collusion Affidavit b) Non -Lobbying Certification c) Non -Discrimination Certification d) Agreement Statement (included in previous section) e) References (included in previous section) f) Staffing Levels g) Fee Schedule h) Proposer's Statement i) City of Santa Ana Business License j) Bid & Performance Bond (included as attachment in Planetbids.com bid submission) ALLIED UNIVERSAL JANITORIAL SERVICES 25B-34 Page 2 _' EDUNIVERSAV JANITORIAL SERVICES August 21, 2019 Gabriela Lomeli City of Santa Ana, Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Dear Ms. Lomeli, Thank you for the opportunity to provide a proposal for custodial services for the City of Santa Ana. We look forward to establishing a long term partnership with you and the entire Public Works Department team. Universal Building Maintenance, a California Limited Liability Company, dba Allied Universal Janitorial Services has reviewed all of the addenda related to RFP No. 19-074, and proposes a complete janitorial solution for the City of Santa Ana and more importantly, its residents and visitors. We certify that all information contained herein is correct and true and valid for one hundred eighty (180) days from the proposal date. The following person has authority to enter into negotiations and secure a contract with the City of Santa Ana: Mark E. Olivas, President 300 Pasadena Ave. South Pasadena, CA 91030 (626) 310-8000; Mark.Olivas(a)aus.com Allied Universal attended the non -mandatory pre -proposal meeting and site visits on May 2n6 2019, for RFP No. 19-012, where at least one company representative visited every site location that is now included in RFP No. 19-074. Allied Universal is registered with the State of California, Department of Industrial Relations in accordance with the Property Service Workers Protection Act, CA Labor Code 1420 — 1434, license JS-LR-000014342. We invite you to review our Engage, Develop, Achieve, and Verify (EnDAVer) operational approach, which takes you step-by-step through Allied Universal's cleaning process for the City of Santa Ana. We are confident that our experienced management team, environmentally sustainable products and equipment, along with our uncompromising commitment to provide industry -leading cleaning techniques and fair treatment to our employees; make us the quality janitorial vendor with which you are looking to partner. We look forward to meeting with you to discuss our plan and to introduce our team. Should you have any questions or need clarification, please do not hesitate to contact Joel Feeser at 562- 708-2158 or at joel.feeser(a)aus.com. Sincerely, ALLI UNIVERSAL JANITORIAL SERVICES Ma E.Olivas President Corporate Address: 1551 N. Tustin Ave. Ste. 650 Santa Ana, CA 92705 • Tole: 877-826-1965 ALLIED UNIVERSAL JANITORIAL SERVICES 25B-35 Page SECRETARY'S CERTIFICATE for Universal Building Maintenance, LUC (the "Company") 1, David I. Buckman, hereby certify that: (i) I am the Secretary of USA GP Sub LLC ("USAGP"), the General Partner of Universal Services of America, LP ("USALP"), which is the Manager of Universal Building Maintenance, LLC d/b/a Allied Universal Janitorial Services (the "Company") with an address of 1815 E. Wilshire Avenue Suite 912, Santa Ana, CA 92705 (ii) Steven S. Jones is President and CEO of USAGP, William A, Torzolim is Senior Vice President, CFO and Treasurer of USAGP and I am the General Counsel, Executive Vice President and Secretary of USAGP, (iii) by the Partnership Agreement of USALP, I am duly authorized and empowered and hereby designate Mark Olivas the President of the Company, as an individual who can execute security service contracts and proposals on behalf of the Company, including all documents relating to Request for Proposals RFP No.: 19-074 issued by the City of Santa Ana, CA on July 31, 2019 fk In witness whereof, I have set my hand this 1 day of August, 2019. David 1, Buckman Secretary ALLIED UNIVERSAL ]AN ITO RIAL SERVICES 25B-36 Page 4 The aforementioned Secretary's Certificate was subscribed and sworn to (or affirnied) before me this day of -U�( -L3 11 20,1? and the signature is personally known to mc. le, '/--� 7— Print name " Stamp of Notary A 121t2t1l ��ltt- Signature Y/ 1,5-1 Bate ALLIED UNIVERSAL JANITORIAL SERVICES 25B-37 i Page 5 CHANGES ON THIS PAGE WERE NOT ACCEPTED BY CITY AND ARE NOT PART OF THE AGREEMENT CONTRACT AGREEMENT STATEMENT ATTACHMENT S _ AGREENIENF STAIENIENT propose; understands that the Proposer will enter into an Agrcomem sinnIar to that as shown in Amuchmew 2, ht the Appendix of this RFp, If a proposer is unwilling or unable to exosaw an Agreement within thirty (30) clays after being notified of selection under this hFP, the City reserves the right to select the next most qualified Proposeror cddl for sew Proposals, whichever the City deems most appropriate. Proposer contexts to the statements in tite somple agreement, with the exception oc the foliowbiu: Please see the attached exceptions on attached sheet, Additionally, any already agreed upon contract language with and between Allied Universal Security Sr.rviees will be acceptable for Allied Universal Janitorial Services. Firm Name Universal Biirding <dahrter,aBce. L;,C dba N3rrd itntvers„al jw3itoriai ierv,cev priatc %o na THIS Fd?ht � MUST � � iMPLETED D7i�CLtl73EtT W➢Tt1 TFi Pi€�P�% AL, PROPOSALS fH—AT DO NOT CONTAIN THIS FORM WALL DE CONSIDERED NONRESPONSIVE. ,... City of Santa Ana i2FP 19.074....... Attachment 9 ALLIED UNIVERSAL JANITORIAL SERVICES Page 6 25B-38 CHANGES ON THIS PAGE WERE NOT ACCEPTED BY CITY AND ARE NOT PART OF THE AGREEMENT ATTACHMENT 6 — AGREEMENT STATEMENT PROPOSED EXCEPTIONS Please insert the following at the end of Section 4 to permit the Consultant to collect applicable sales taxes: • "Consultant's fees and charges do not include any sales, use, excise or similar taxes, levies or duties ("Taxes'). City is responsible for paying for all such Taxes in respect of Consultant's Services or in respect of amounts payable by City hereunder. If Consultant has the legal obligation to pay or collect Taxes for which City is responsible under this section, the appropriate amount shall be promptly paid by City to Consultant unless City provides Consultant with either a valid and current tax exemption certificate or direct pay certificate, authorized by the appropriate taxing authority." Our company routinely adds clients as additional insureds on our insurance policies, so long as our obligations are aligned with our indemnification obligations and limited to the specified insurance limits we have agreed to provide. Our blanket additional insured endorsements automatically cover any entity we are required by written contract to cover as an additional insured without the necessity of expressly naming that party. We respectfully request that the City revise Section 8(a) as follows to reflect that standard: • On line 7, replace the word "name" with "include". • On line 9, insert the following after the reference to "additional Insured(s)": o "...to the extent of the Consultant's indemnification obligations under Section 9 below and up to the required insurance coverage amount." Our company stands behind our janitorial services and regularly accepts the obligation to indemnify clients for the comparative portion of any losses, costs or damages that are caused by the negligent acts or omissions of our personnel in the performance of janitorial services under client agreements. Our standard business terms also include a disclaimer of consequential damages. We respectfully request that the City revise Section 9 as follows to reflect that standard: • On line 6, replace the phrase "arising out of, relating to or pertaining to" with the phrase "to the extent caused by". • On line 10, replace the phrase "arising from the sole' with the phrase "to the extent caused by the". • Insert the following as the last sentence: o "Anything to the contrary notwithstanding, under no circumstances will Consultant be liable to any indemnified party for consequential, incidental, indirect or punitive damages, or for lost profits." We respectfully request that the City revise Section 15 to give the Consultant the reciprocal right to terminate the Agreement for convenience on ninety (90) days' prior written notice. We respectfully request that the City revise the Agreement to add a standard, mutually beneficial force majeure provision. ALLIED UNIVERSAL JANITORIAL SERVICES _ 25113-39 e� Page 7 FIRM AND TEAM EXPERIENCE Allied Universal is uniquely capable and personally committed to delivering exceptional quality service to exceed your expectations. Universal Building Maintenance, LLC dba Allied Universal Janitorial Services is a California Limited Liability Company established in 1965, with headquarters in the City of Santa Ana. In 2008, Allied Universal relaunched the janitorial division and now services over 1,000 clients and employs 3,300 cleaning professionals. Allied Universal's services over 100 million square feet of high rise office; government facilities; corporate campuses; educational institutions; office buildings; and dozens of LEED certified buildings throughout California, Arizona, and Nevada. Our vast knowledge is invaluable to a seamless transition and immediate enhancement of services for the City of Santa Ana. Allied Universal started in Southern California and proudly serves all counties with exceptional cleaning to its local client base. We would be honored to provide our services to the community leaders, members, and visitors who come to the City of Santa Ana. The Allied Universal team has thoroughly reviewed and analyzed the criteria required within RFP 19-074, RFP for Janitorial Services at Various City Locations. Allied Universal has a full understanding of the scope of work and expectations. With over 11 years of experience working with multiple government agencies throughout Southern California, our enclosed proposal has been customized to provide the City of Santa Ana with a blueprint to ensure cost effective solutions tied with an unparalleled level of service. Additionally, Allied Universal will not utilize any subcontractors or sub -consultants for any work awarded out of this RFP. Key Personnel We attribute our continued success to the ongoing development and retention of our management team. This aspect sets us apart from our competition. All of our managers and supervisors have over 100 years of combined experience within the building maintenance industry and have a reputation for providing outstanding customer service. Mark Olivas - President Mr. Olives has been in the janitorial industry for over 25 years and is very familiar with all aspects of the West Coast market. His vast experiences in the industry have provided him with the knowledge to overcome any cleaning issue, labor management problem, and safety matter that may affect the janitorial industry. He served as the Managing Director for OneSource and „ianaged over 120 million square feet and revenues in excess of $160 million a year. The industry has changed in large part because of the initiative and creative imagination that Mr. Olivas has delivered to the industry. Mr. Olivas' hands on management style and inter personal relationships have made Allied Universal Janitorial Services an organization that attracts the top management talent in the market. Mr. Olives started his career in the janitorial industry after serving in the US Army for over 8 years as a Non Commissioned Officer. In 1991, Mark completed his commitment to the Army and began working as an area supervisor for Commercial Building Maintenance in the City of Commerce. Mr. Olivas then became one of the youngest Operations Managers in Los Angeles and was also one of the youngest Branch Managers to work for ISS after the acquisition of Commercial Building Maintenance. Several years later Mark was promoted to Senior Branch Manager and then Vice President of OneSource. Mark educated himself in all facets of the janitorial business and soon found his role as Managing Director for the West Coast of the 2nd largest janitorial company in the United States. ALLIED UNIVERSAL JANITORIAL SERVICES 25B-40 _ Page Mark is very well regarded within the industry because of his ground level experience and the personal attention he paid to everyone that he has partnered within the high rise market, office park complex, business improvement district and industrial office environments. Mark understands the value of commitment to customer service and serving his employees. Mark is an active member of BOMA, IREM and sat on the Associate Leadership Council for BOMA in Los Angeles. na.vin Samaha — Vice President Sales Mr. Samaha has been with Allied Universal since the relaunching ofthejanitorial division in January 2008. Prior to joining the Allied Universal's Executive Team, Devin was first exposed to the janitorial industry when he worked for one of the nation's largest janitorial distributor in the Western United States. While there, he trained janitors, executive housekeepers for major hotels, and maintenance contractors on proper cleaning techniques, proper use of cleaning chemicals and the use of all cleaning equipment. Devin furthered his career when he joined Collins and Aikman Floorcoverings, where he sold commercial carpet to property managers, architecture and design firms, and end users, focusing on the commercial office vertical market. This is where he was first exposed to Leadership in Energy and Environmental Design, better known as LEED. Since C&A leads the carpet industry in environmental sustainability, he was provided extensive training in "green". Devin then left C&A to join the Commercial Real Estate industry where he worked for a business bank and helped business owner's secure financing for the purchase of their office buildings. Devin worked in this industry for next 8 years until joining the Allied Universal Janitorial Services Executive team. Mr. Samaha holds a Bachelor's Degree in Business Administration from the University of San Diego, where he played soccer for 4 years, including a trip to the NCAA Division I "Sweet Sixteen" his senior year. Zafael Sorto - Regional Vice President— Orange CountV Rafael Sorto has been in the janitorial industry for more than 30 years. During his tenure, he has acquired unsurpassed knowledge and experience in all aspects of the service industry. Truly beginning his career from the ground floor, Mr. Sorto learned the business as a day porter and was soon discovered as a true talent in the market place. Through education and experience, Mr. Sorto has held positions such as Area Manager, Operations Manager, Project Manager, District Manager, Director of Operations, Senior District Manager and Vice President of Operations. Mr. Sorto was employed by ISS/OneSource for over 20 years and was involved in the acquisitions of Benco, Flagship Doral, Commercial Cleaning, Ogden Allied and Universal Building Maintenance. He then moved to DIMS Facility Services in 2000 as Vice -President of Operations for the Orange County and Inland Empire areas. Mr. Sorto is an active member of the Orange County chapters of BOMA, IREM, and IFMA. He has served on the board of Casita de San Jose, Assistant Coach of Basketball (NJB), as well as Scoutmaster for the Boy Scouts of America. Mr. Sorto holds degrees in Information Systems, Paralegal Studies, and Spanish. Ramon Acosta — Branch Manager With 20 years of experience in the janitorial industry, Ramon Acosta has proven to go above and beyond earning him building of the year and outstanding client reviews. Ramon first began as a night project manager at Park Place in Orange County, managing 2.2 million sq. ft. and supervising over 65 employees. Years later, Ramon began his journey with the Irvine Company for six years, eventually becoming a project manager at the Staples Center in Los Angeles for two years. ALLIED UNIVERSAL JANITORIAL SERVICES 25B-41 Page Mr. Acosta joined Allied Universal Janitorial Services in 2008, as an Account Executive, managing over 10 buildings, totaling approx. 2.5 million square feet throughout Orange County. Ramon was recently promoted to Branch Manager, where he assists Rafael Sorto by managing the Inland Empire and North Orange County projects. Ramon continues to build great partnerships with both clients and fellow employees in his new role. 4rt Carrion — Account Executive Art started his career in 2010 with Universal Protection Service as a guard based in Orange County. He excelled in customer service and interaction with homeowners. Art wanted to grow in his career and pursued a position as an Account Executive with Allied Universal Janitorial Services in 2012. Mr. Carrion completed Allied Universal's "It's All About U" Customer Service raining program upon his arrival and has been instrumental in Allied Universal's CIMS Green Building Certification. Art currently oversees approx. 2 million sf of office, corporate campus, and medical office buildings. He currently oversees all aspects of his accounts including managing payroll, supply orders, quality control inspections, and has direct interaction with tenants and property managers. Art has a "hands-on" approach and ensures that all special projects are completed to his clients' satisfaction. Jaime Velazquez — Area ManaoerlDav Porter Supervisor Mr. Velazquez started his career in the janitorial industry in 1996 as a route waxer with American Building Maintenance. Jaime continued as a route waxer when he moved to Janico in 2000. After working the night shift for over eight years, Jaime took an opportunity with Merchants Building Maintenance in 2004 as a Day Porter Supervisor and Project Manager for the City of Anaheim. In 2008, Jaime joined Allied Universal Janitorial Services as a Night Area Manager, overseeing approx. 1.2 million square feet of nightly office building cleaning. He has since been promoted to Day Area Manager, overseeing all day porter operations for Allied Universal's Orange County Branch. Jaime ensures that all day porter absences are filled with qualified employees and provides onsite training for new accounts. Joel Feeser — Sales & Marketing Manager Mr. Feeser graduated from Chapman University with a Business Administration degree and began his career as an Account Manager for Performance Marketing Group. Joel worked closely with buyers at Long's Drugstores to manage their ROI for refrigerated and frozen food products. Joel pursued his automotive passion and went to work for Mercedes-Benz of Anaheim Hills in their Marketing Department. He oversaw remarketing efforts ru prior leasing clients and was quickly promoted to a sales position. Mr. Feeser then took a position as an inside sales territory manager with Landscape Communications, a nationwide publisher of 13213 magazines for the landscape industry. It was in this role that Joel was first introduced to LEED in landscaping and environmental sustainability. Mr. Feeser joined Allied Universal Janitorial Services in 2010 as Sales & Marketing Manager for the greater Los Angeles area. Joel believes in building long term relationships with his clients and prospects. He serves on committees for IREM LA, BOMA Greater LA, and BOMA Orange County. Joel was also instrumental in Allied Universal's recent CIMS Green Building Certification. In preparation for the potential award of any districts for the City of Santa Ana, Allied Universal is proud to present Hector Aguirre as the proposed Project Manager, Mr. Aguirre's bio is provided below. ALLIED UNIVERSAL JANITORIAL SERVICES 25B-42 s Page 10 HECTOR AGUIRRE Allied Universal Janitorial Services Project Manager — Pacific Life 2011 -Present 1815 E Wilshire Blvd. #912 Santa Ana, CA 92705 • Customer relations and clients request • Supervise about 19 employees (night crew & day porters) • Keep budgets for all labor and supplies. • Schedule Utility work for about 2 floor care specialists such as floor waxing, Carpet shampooing, • Window cleaning and any special request • Coordinates payroll time cards for all employees • Quality control inspections • Purchase all paper supplies and chemicals Empire Maintenance Co, Inc. Area Supervisor 1215 Red Gum #B Ave Anaheim, CA 92806 2005 - 2011 • Customer relations and clients request • Run the day to day Operations for about 10 employees • Supervise about 80 employees (night crew) • Keep budgets for all labor and supplies. • Schedule Utility work for about 2 crews such as floor waxing, Carpet shampooing, • Window cleaning and any special request • Coordinates payroll time cards for all employees • Quality control inspections • Purchase all paper supplies and chemicals Diversified Maintenance Services Buildings Supervisor 2002 - 2005 145 Pasadena Ave. South Pasadena, CA.91030 • Run the operations for Equity Building Services • Customer relations and clients request • Supervise about 2.5 million square feet • Supervise about 55 employees • Keep budgets for all labor and supplies • Quality control inspections • Coordinated payroll time cards for about 60 employees • Purchase all paper supplies and chemicals • Schedule Utility work for a crew such as floor waxing, Carpet shampooing, Window Cleaning or any special request Certified Maintenance Area Supervisor 2267 East Washington Ave. Pasadena, CA 91104 1996 - 2002 • Customer relations and clients request • Run the day to day Operations for about 15 employees • Supervise about 90 employees (night crew) • Keep budgets for all labor and supplies. • Schedule Utility work for about 4 crews such: floor waxing, Carpet shampooing, • Window cleaning and any special request • Coordinated payroll time cards for all employees • Quality control inspections • Purchase all paper supplies and chemicals ALLIED UNIVERSAL JANITORIAL SERVICES 25B-43 Page 11 Merchants Building Maintenance Area Assistant & Floor Care Specialist 1990 - 1996 1190 Monterrey Pass Road Monterrey Park, CA 91754 • Support the area supervisor on quality control inspections and floor waxing • schedules, carpet cleaning and window cleaning • Supervise the utility crews (2) • Responsible for special projects • Perform stripping and waxing tile flooring, carpet cleaning extraction, bonnet or dry chem. • Window cleaning • Day porter and night porter services as required Allied Universal Janitorial Services City of Santa Ana Organizational Chart ALLIED UNIVERSAL JANITORIAL SERVICES 25B-44 Page12 UNDERSTANDINGOF D Allied Universal has over a decade of experience working with multiple government agencies throughout Southern California, including the City of Los Angeles, the City of Anaheim, and the City of Newport Beach. Local municipal agencies have unique and challenging needs when it comes to janitorial services. With the seasonality and special events held at community and senior centers, to the City Hall and Libraries that demand constant attention by both night cleaning staff and day porters, Allied Universal understands all challenges and is willing and ready to respond quickly, efficiently, and effectively. Our managers are specifically trained to focused on delivering world class service by listening to our clients' individual needs. We realize that our customer service approach is the cornerstone to our success. All of our managers go through "It's All About U"— Disney's Approach to Customer Service" training program to ensure that they provide the residents, visitors, and employees of the City of Santa Ana with the best service and client experience. As you know, communication is paramount to providing exceptional janitorial service. With most of our services performed at night, it is extremely important to have all lines of communication open at all hours between our cleaning professionals, supervisors, senior management, and the City of Santa Ana facilities team. Allied Universal will assign one single point of contact, a Project Manager, to maximize efficiency and provide timely response for any request from the City. The Project Manager will provide seamless communication regarding both night janitorial cleaning or day porter service. Additionally, all key personnel, including various night cleaners, will be equipped with smartphones so that any facilities contacts can get in touch with us 24/7. We also provide a toll free customer service center (877) 826-1965 that will connect you with our management within minutes. Communication and feedback from our clients is essential to a successful partnership. Account Managers and Area Supervisors will schedule routine inspections based on each buildings' needs to ensure both expectations and scope of work services are exceeded. These combined efforts translate into a premier cleaning program tailored for the City of Santa Ana. OPERATING HIGHLIGHTS Allied Universal will implement the following to ensure the janitorial program exceeds the City's expectations for service and quality: Proactive Management • Deliver a local management team based in the City of Santa Ana with outstanding and experienced personnel. Transparent Communication • Open communication provides the foundation for a true partnership through 24 hours a day availability. Our team will also schedule formal Quarterly Business Reviews (QBRs) to allow both Allied Universal and the City of Santa Ana to stay current on service levels and inspection ratings. Training and Development • Provide comprehensive 7 Steps to Success"training program as well as bi-monthly safety training meetings to ensure all employees and fully capable of completing all tasks outlined in Attachment 1 — Scope of Work. The training program introduces and reinforces Allied ALLIED UNIVERSAL JANITORIAL SERVICES 25B-45 Page13 Universal's unique culture of high quality and phenomenal service, as well as a detailed review of the scope of work. Quality Assurance Technology — CleanTelligent • Utilize CleanTelligent, a cloud -based inspection and periodic scheduling program that stores project's unique specifications, floor work frequencies, and validation of services. Cleaning Innovations ® Provide latest cleaning innovations in the industry including the Dual Bucket Mopping System that separates clean water from dirty water when wet mopping floors, and the DoodleScrub, which is a mini -scrubber that is able to operate in hard -to -reach spaces. Transition and Start -Up Ensure a seamless transition of services through regular meetings, site visits, detailed checklists, and accountability through entire process to meet all local and California state requirements. Mission & Vision Allied Universal is a dynamic, progressive, quality conscious, client focused janitorial company with an on- going commitment to professional and personalized service. No matter what the type of project, our experienced team is able to excel in all situations and have an environmentally -preferable cleaning solution for YOU. Allied Universal is focused on delivering world class service by listening to your needs. We realize that our customer service approach is cornerstone to our success. Our Promise The Allied Universal promise is our unrelenting focus on your success; to be "There for you" so that you can: • Achieve your goals • Maximize ROI for the City of Santa Ana • Enhance the appearance and image for the City • Provide environmentally preferable and sustainable buildings Allied Universal's clients feel confident that they have a partner who truly understands their needs and aspirations. Through our leading services, systems and solutions... Allied Universal is "There for you". Core Values Our primary goal is to achieve a long-term relationship with our clients by being the best equipped janitorial company to plan, implement, and properly supervise all of our accounts. Our Core Values help us achieve this by being: United as a Team: • Communicate clearly and effectively with clients and colleagues • Work collaboratively to perform your daily responsibilities at the highest level • Help each other to address problems that arise ALLIED UNIVERSAL JANITORIAL SERVICES 25B-46 �v--�Page 14 Nimble, Fast, Responsive: Y Be responsive to co-workers' and clients' requests • Be solutions oriented Client Focused: • Maintain a friendly and professional demeanor • Know your responsibilities and execute on them professionally Think about how your actions impact our clients Be there for our clients Obsessively Focused on Results: • Understand client needs • Strive for excellence • Be neat and professional in appearance • Commit to creating a great client experience Efficient and Effective: • Report to work on time • Focus every day on improvements • Improve yourself through learning • Keep doing the right things TRADE ASSOCIATIONS: • Building Owners and Managers Association • International Facility Managers Association • Institute of Real Estate Management • National Association of Industrial and Office Properties BOMA IFMA ]REM NAIOP Expected California State Minimum Wage Increases The upcoming scheduled increases in the State of California Minimum Wage must be considered when providing pricing for a 3-year contract. As such, Allied Universal has provided pricing based on blended pay rates with a contract start date of November 2019, to ensure conformance to state regulations. ALLIED UNIVERSAL JANITORIAL SERVICES �25B-47 �' Page 15 RELEVANT PROJECT EXPERIENCE 1. City of Anaheim Allied Universal was awarded the contract for janitorial services in April 2013 to present. The City of Anaheim contract includes all Citywide Buildings for a total of 48 buildings, seven museums, a 108,000 sq. ft. city hall building, twelve fire stations, six police station locations, and various community and youth centers with one locations located inside Disneyland. The total cleaning area for the project is approx. 900,000 square feet. Allied Universal's contract includes a full time Project Manager who oversees and acts as its representative in all aspects of executing the contract. Included in the contract are all consumables, which is also directly managed by the Project Manager. With over 25 employees directly related in the cleaning of the contract, Allied Universal provides an array of full service janitorial cleaning including night and day cleaning services; wood gym floor care; pressure washing; day porter services; window washing; carpet cleaning; etc. City of Anaheim 955 S. Melrose St. MS #19 Anaheim, CA 92805 Teresa Cole — Operations Contract Specialist (714) 765-6879 2. City of Newport Beach Allied Universal was awarded the contract for janitorial services in October 2018 to present. The City of Newport Beach contract includes a total of 22 buildings, with four libraries, City Civic Center building, ten community centers, one police station, a corporate yard, and a science center. various community and youth centers with one locations located inside Disneyland. The total cleaning area for the project is approx. 360,000 square feet. Allied Universal's contract includes a full time Project Manager who oversees and acts as its representative in all aspects of executing the contract. With over 13 employees directly related in the cleaning of the contract, Allied Universal provides an array of full service janitorial cleaning including night and day cleaning services; window washing, hard floor surface refinishing, day porter services; carpet cleaning; etc. City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Anthony Nguyen —Purchasing Agent (949) 644-3080 3. City of Los Angeles Allied Universal was awarded the contract for janitorial services in October 2018 to present. The City of Los Angeles contract includes 2 separate districts within the City, East Los Angeles and South Los Angeles. The contract includes a total of over 70.buildings, including numerous libraries, maintenance yards, public work locations, administrative office buildings, police support offices, and community centers. The total cleaning area for the project is approx. 1 million square feet. Allied Universal's contract includes a full time Project Manager who oversees and acts as its representative in all aspects of executing the contract. Included in the contract are all ALLIED UNIVERSAL JANITORIAL SERVICES 25B-48 Page16 restroom consumable supplies, which is also directly managed by the Project Manager. With over 70 employees directly related in the cleaning of the contract, Allied Universal provides an array of full service janitorial cleaning including night and day cleaning services; window washing, hard floor surface refinishing, day porter services; carpet cleaning; pressure washing; etc. City of Los Angeles Department of General Services Custodial Services Division (MS 508) 111 E. 1s' Street, Room 501 Los Angeles, CA 90012 Elvia Garcia, Management Assistant (213) 978-0052 4. CBRE — City of Los Angeles, Public Works Building Allied Universal was awarded the Public Works Building Los Angeles in August 2008 to present. The building is approx. 600,000 square feet of multi -tenant office space for the Los Angeles Department of Public Works, Los Angeles Police Department administrative and detective offices, a forensic lab, and The Los Angeles Bureau of Street Lighting. Allied Universal provides an array of full service janitorial cleaning including night and day cleaning services; floor care; pressure washing; day porter services; window washing; carpet cleaning; etc. CBRE-LA Public Works 1149 S. Broadway St., Los Angeles, CA 90015 Edgar Garcia — Building Engineer (213) 847-2161 5. City of Burbank Allied Universal was awarded the contract for the City of Burbank's janitorial services in June 2013 and re -awarded the project in 2017. The City contract includes a total of 29 buildings, with seven fire stations, City Hall, the City's Fire & Police headquarters and jail, four parks, four libraries, various public works yards, and multiple community centers. The total cleaning area for the project is approx. 600,000 square feet. Allied Universal provides an array of full service janitorial cleaning including night and day cleaning services; day porter services; window washing; carpet cleaning; marble floor care; etc. City of Burbank Public Works Dept. 124 S. Lake St. - PO Box 6459 Burbank, CA 91510-6459 Marco Henriquez- Public Works Custodial Supervisor (818) 238-3807 ALLIED UNIVERSAL JANITORIAL SERVICES 25B-49 — Page 17 REFERENCES Last Ord describe fully the coalrucis perrvnncd by your (mu Mitch ilornrns€rate your ability to prvvidc the supplies, exquiram"tit of acrviws incladed on tha scope oribe perusal speclf color . The City rtwws the right to contact eachof the references listed Par uldiflonul Irsfurmatiom regardrutiyour flutn's qualittcations ('w,msmcr Non= City 01 Anaheifil 955 S. Melrose St. ti!1.S* 19 Anaheim, CA Contract Amount; j1.,jn1ilkrLqnTivallv act tva3iosdaeai: Teresa Cole phone Nuntbcr. (714) 165-6879 lracsmitoNumbcr; tale anahe3r gt nnall Yt= 2013 - Present taxseriptinn aroEsupp€iet:, enIniptttc�tt, ar sssvi�s prus7a€ed, lantturtal services proindeci at (48) buildings ntpivide, tnctuding tiny Hall, community centers= polite, central u_ �uartcrs�,e-€c, Hisfewce CuswierNAmet Ct€yofNew D4Ikach Address; 100 CtsIc Center Drive. . letvtenrt Bem[h, CA C'riaaraart Ammurr S62.5,Urt9 annua _ Doseriptlanofsupplier, equi r. or strykes pmvidouk CiaMA4N titctlu6dum3:: Anthony t4en bniscAtunttcr. (s49)614-30on _. PncahnibiNumber: 2ggTngov%ryortbeathca.guvtaetnatl7 Year, 2718-Present lartitortaisert�te�tcrvtdcdatt237s[ten,tuctudtn�C7vtrc.entee;cuasmiunttvicenten Peltmstounn ithrzat�, Cwstonncr�'atnet Gtt�o€fosAnSttles Acidnesa; c.nvTnalt Souuth. Ill E ist Si. Rm 501 etas kngeeles,.CA Carnta t tnahvtidual, ElvnGarga lrilowt+wube£1 rorrdirnk- Numbec_elvt, ,beta attrr.org(email) Canhact Ammar SL9 motion annually Year:. 2W - Present Dc4criptirm of suppli N, veluipmcera, or sercievs PmAiW lannartai sesvtrespuavtdeda[ [7tI31ecattats tha•uu* flut €aa-# � 5autb Les Angeles, mciudt�'i�hrartes,. nnstotenance )ards,conxmuntty centers, admintstrataon butldtn, etc. ALLIED UNIVERSAL JANITORIAL SERVICES 25B-50 Page18 SCOPE OF SERVICES & SCHEDULE Allied Universal has extensive experience providing cleaning services to municipal agencies throughout Southern California. Long hours and considerable planning are required to not only plan, start, but also continue to provide phenomenal cleaning services day after day. Allied Universal prides itself in smooth transitions as we begin new accounts. Our entire team goes to great lengths to ensure a smooth transition. With the size of the City of Santa Ana potential account, the transition process will begin at least 30 days prior to the start date of service. Details of the contract are reviewed upon award of services, and a startup team is placed in motion. STRATEGIC HIRING PLAN Step 1) Outreach to Affected Current Contractor Employees The first stage of Allied Universal's hiring plan is to reach out to the employees from the previous contract in accordance with the Service Contract Worker Retention Ordinance. We will organize multiple "Meet & Greet" days at our office in Santa Ana so that affected employees can meet our management team, pick up an application, and understand the mission and values of the company. This Meet & Greet is our first opportunity to make a good impression with all of the employees, especially since many of these people may be concerned about the status of their employment. During this time, our team will review the background check requirements, the company's policies and procedures, and review Allied Universal's 7-Steps to Success training program. The management team will compile a list of detailed notes on each prospective employee, ensuring that contact is made with all current employee and ensure that everyone is offered a position. Step 2) Interview Process Once it becomes apparent that additional staff will be needed, either because a current employee will not be joining Allied Universal or another circumstance, we will engage our recruiting department to assist with the staffing needs. In addition to the dozens of current applications that receive weekly, our team also will utilize specialized employment advertisements posted on both Monster.com and CraigsList.com. Allied Universal's Human Resources Department has a team of full time recruiters who have a pipeline of dozens of qualified cleaning professionals to access when awarded new accounts. This pipeline allows us to quickly staff positions for the City of Santa Ana with new employees and/or fill a temporary position if an employee is sick or on vacation. Allied Universal's recruiters also have an excellent working relationship with local resource centers. Our sister company, Allied Universal Security Services, currently works closely with the thee City of Santa Ana. Our team will continue to leverage those relationships to provide a qualified and talented workforce for the City. Contingency Plan Due to the size and scope of this work, Allied Universal will create two different pools of potential employees as we prepare for the start of the contract. The first pool will be those employees who are retained from the current contract. The second pool of potential employees will be created through the recruiting efforts. The second contingency pool will consist of between 7-10 cleaners, who will go through the entire hiring process as if they will be working on "day one" with the City of Santa Ana. These people will be cross trained at different types of buildings to ensure that we have a solid on -call group of employees who can be called upon at a moment's notice to either ALLIED UNIVERSAL JANITORIAL SERVICES 25B-51 Page 19 cover for illness/absence, or if/when someone quits. The City of Santa Ana "On -Call" list will be pared down 60 days after award of contract and will include approx. 4-6 employees. The list will be kept up to date by the Project Manager and managed by our administrative team at our Santa Ana location. Step 3) Engage — Hiring Process Regardless of whether we are hiring a new employee or transitioning a current City of Santa Ana professional cleaning employee over to our team, every candidate fills out an application for employment with our Human Resource Department. Once an application is completed, our Human Resource department does a complete pre -employment screening of all prospective employees that includes: Employment eligibility — 1-9 Verification • Employment background check • Drug testing • Reference and previous employment check • Fingerprint Background Check for Sensitive Areas — As required by the RFP. Step 4) Development of Employees — Training Program Our management team will begin with a strong Project Manager, Hector Aguirre (resume provided in Key Personnel Section). He, along with a dedicated Night Supervisor, will provide supervision for both the day cleaning and night cleaning operations. All staff, regardless of if they are employed by the current contractor or would be new to the City of Santa Ana facilities, would complete our 7-Steps To Success Training program before starting work at any City facilities. After each team member is trained, given high quality uniforms, and then receive on-the-job training by our experienced managers. All resources, including equipment and supplies as well as additional staffing, will be dedicated to the City of Santa Ana to ensure a smooth transition in service providers and guarantee that all shifts are fully covered. Step One: Introduction to Allied Universal Culture & Customer Service ✓ The History of Allied Universal Janitorial Services ✓ Allied Universal Mission and Value Proposition to its Clients ✓ U GreenTM: Our Commitment to the Environment ✓ Allied Universal's Customer Service Standards ✓ It's all About U: Disney's Approach to Customer Service and Cleaning ALLIED UNIVERSAL JANITORIAL SERVICES 25B-52-._._______._._v____�_�_. Page20 0 Step Two: Cleaning 101 — Cleaning Basics and Demonstration of Tools and Products ✓ Pro -Team HEPA Vacuum Program ✓ Easy Trap Floor Dust Mopping System ✓ Double Barrel Trash System, Including Desk Side or Central Location Pick -Ups ✓ Micro Fiber Technology ✓ Waxie Solsta Green Seal Certified Cleaning Products (Bio-Based Products) ✓ Documentation Procedures for Green Cleaning Processes ✓ U GreenTM Cleaning Process with Green Cleaning Tools and Supplies 0 Step Three: Computer Based Training & Testing ✓ Easily schedule employee training ✓ Tests employees to ensure competency ✓ Tracks and maintains employee training records ✓ Produces reports that document training activities ✓ Provides user-friendly features for customized courses • Step Four: Allied Universal Video Training Series This series of videos includes comprehensive training on common, must -know cleaning and maintenance tasks: ✓ Hard Floor Care ✓ Carpet Care ✓ Restroom Care ✓ Waxie Solsta System — Portable Dilution Control System ✓ Each video teaches the "why" and "how to" of procedures and practices. They are all available in English and Spanish, with easy -to -use sections for classroom or instruction -led training. • Step Five: On-line Emergency Response Training & Testing ✓ Ensures our Janitorial Professionals are Familiar with the Building's Emergency Evacuation and Response Plan ✓ Training in Both English and Spanish ✓ Emergency training in Fire, Earthquakes, Bomb Threats, Hazardous Material Spills, Elevator Entrapments, Power Failure, Workplace Violence and Severe Weather ✓ Unlimited Viewing and Printing ✓ Fire Department —Approved • Step Six: Site Specific Training ✓ Eight Hour Orientation (Prior to On -Site Training) ✓ Equipment, Supply and Usage ✓ Site Specific Training with U GreenTU Processes and Procedures ✓ Safety Training on Chemical Usage, How to Read the SIDS Sheets, Preventing Injuries with Equipment, First -Aid Procedures and Liability ✓ Workers Compensation (Safety Incentive) Program ✓ Emergency Evacuation Protocols and Procedures ✓ Administrative Processes and Procedures for Work Orders, Key Policies, etc. ✓ Communication Procedures to report any issues that may arise • Step Seven: CleanTelligent Quality Assurance Program — Bi-Monthly and Quarterly Training Meetings Step 5) Achieve - Performance of Scope of Work Although simple in its definition, this is unfortunately the reason that many government agencies go through a Janitorial Services RFP process — the current service provider is not performing to the standards set forth in the scope of work. Allied Universal's managers understand the ALLIED UNIVERSAL JAN ITO RIAL SERVICES 25B-53 Page21 importance of performing day -in and day -out. Our company and its cleaning professionals are judged based on the work they perform each and every day. With the right employees who are properly trained, provided the necessary tools and equipment, and give experienced supervisors who understand the needs of the City's buildings, Allied Universal will perform to the City of Santa Ana's expectations. Transition Timeline TRANSITION CHART 30+DAYS 21+DAYS 15+DAYS S+DAYS ➢ Ajob number is assigned by our ➢ A meeting is scheduled with Contract ➢ Project manager begins collecting all ➢ Project manager confirms delivery of billing department, and all pertinent Administratorto obtain permission to necessary data from each building and supplies billing Information Is received in order schedule walks of all awarded building, compiles a priorities I.st, which will be to ensure accurate invoicing introduce Company personnel to incorporated into the Account building contacts and discuss transfer Operations Manual of keys, hot button issues, etc. ➢ A billing review meeting is scheduled ➢ Project manager orders equipment, ➢ Allied Universal Operations Team ➢ Project manager approves lists of with City of Santa Ana Contract tools, chemicals and any othersupplles tours the buildings toprioritize tasks individuals assigned to each building to Administrator for accuracy needed for start and determine workstations ensure all employment paperwork is completed and all shifts are covered ➢ Project Manager is assigned to ➢ Project manager creates a monthly ➢ Allied Universal Operations Team ➢ Project manager and Regional Vice account schedule of periodic tasks schedules a meetings to finalize the President meetto review all priorities strategy forthe transition plan and discuss special needs toensure all tasks are completed ➢ Project Manager receives all labor, ➢ Project manager coordinates weekly ➢ Administrative team will setupthe ➢ If needed, schedule last billing equipment and chemical & tool budgets training classes with new employees to buildings in the automated work order meeting to ensure all pricingand discuss service procedures and usage system. special work are included in contract. of chemicals, tools and equipment as well as addressing company standards ➢ Project ma nager coordinates with ➢ Project manager determines with ➢ Project manager reviews cleaning ➢ One day prior to start-up (Dr as Regional VP of Operations to oversee Contract Administratorthe service specifications and special requests per scheduled), service employee screening process and priorities In order to recognize high building, and begins to schedule out all representative/operations manager, provides daily updates on employees Impact services to be completed during utility/periodic work (if required) picks up keys and access cards. who will be assigned to the project the first week(s) ➢ Contracts are issued and reviewed by ➢ Project manager provides daily ➢ Space planning for all storage of legal updates regarding employee labor equipment, chemicals and supplies is pools and staffing accomplishments per determined and completed project ➢ Project Manager, along with night area managers and Regional Vice President will meet to review Start Day Strategy ALLIED UNIVERSAL JANITORIAL SERVICES 25B-54 Page22 TRANSITION CHART erkaf Y Regional Vice President Project Y Project Manager begins impactions, > A performahne review meeting is > A Performance mvie eating is > A performance review meeting is manager, operations managers as well receives feedbackon service scheduled with Contract Administrator scheduled with Contract Administrator scheduled with Contact Administrator as night area supervisor arrive attire and City of5ants Ana staff to follow-up to address and review all service Issues to discuss operating procedures as well project on any service Issues that might require and procedures as to determine the progress an our adjusting periodic tasks Y Employees are grouped and directed Y Project Manager meets with contract ➢ Project Manager Informs Contact ➢ Weekly Inspections are scheduled to their workstations Administrator to review any Administrator on progress of periodic and performed by Project manager, requests/calls, which might have taken task completion company executives and any place in the morning designated property management staff Y Regional Vice President, Branch Y A service meeting is scheduled to > Ongoing monthly meetings are Manager, and Project manager assess the effectiveness of the scheduled to maintain open lines of constantly review and inspect all work transition plan and any corrections are communication being performed, submitting the Nightly discussed and implemented Closing Report for each property for Contact Administrator to review ➢ Project Manager visits the build) ngs on a de lly basis W monitor progress Step 6) Verify - Quality Control & Assurance Allied Universal provides an industry -leading quality assurance program. It begins with a well - trained, stable and reliable work force. This allows for consistent job performance and a low turnover rate. Allied Universal's Quality Assurance plan was written to ensure cleaning professionals are not only meeting, but exceeding service expectations. It also allows our managers to identify and address any service areas that need improvement before they become "service issues". We will initiate a proactive quality control plan with on -site visits from our management team. Supervision is a key element to an effective quality assurance program. Inspection visits will be announced as well as unannounced (where permitted). The City's dedicated Project Manager and the night area manager will initiate weekly inspections during the transition phase to ensure that the team has a "baseline' of established cleaning levels. Once commencement of the contract, inspections will be performed at a minimum of once per week; however, the frequency of the visits may increase if necessary to ensure service delivery. At the beginning of each month, our managers will conduct monthly meetings with the night crews. These meetings will be led by Allied Universal management and will consist of a recap of the previous month's performance. We will highlight the crew's successes as well as address any areas that need improvement. We will periodically bring in dinner for larger crews and hand out awards for good performance (see Employee Recognition section). Allied Universal will schedule QBRs (Quarterly Business Review) with the City's Facilities team, along with any additional contract stakeholders, and the Allied Universal Executive Team. In these meetings, we will review the following in detail: what has transpired in the quarter, what issues we had, how we addressed those issues, who on the team received awards during the quarter, what steps have been taken to further train and develop the crew, and set goals for the upcoming quarter. Allied Universal's quality inspection team will utilize CleanTelligent, a cloud -based inspection program that enables us to conduct inspections and provide accurate and precise data based on ALLIED UNIVERSAL JANITORIAL SERVICES 25B-55 Page23 the City's specific scope of work. Allied Universal has included details of the Clea.nTelligent program and the benefits of its reporting capability. We invite you to request a demonstration of the program to understand how this program will benefit the City of Santa Ana. CLEANTELLIGENT t cllleor C�arrTElligenf ,„ Bow Scheduling of Periodic Work ♦ Detailed job schedules ensure that all services are completed as promised. Floor Care/Carpet Cleaning Schedule Job Schedule - Project Manager SACK 0 NOVEMBER 2016 Mnal, week oar s°GGNFIC-0RESERVIf,ES (J CHrWGE PO51ilON TYPE vA��E}'ENi 11 2'. 31i 4 ___ I Br 7, 8;, 9 i0 111 12 ......... ...... •. . �.�... j In '. 18.... ......... is -.-...... 1 Mmrihly 2nd Week Per adm Work l ....... 2P......_...._ 21 22. '_....... X3 ' Gorden _ 16DI CWarl'eld 610. 26! I 11114)16600k :-fi1191iG 690"n ___ I 11-AAuIll bthoo,I*ashlnddnad 11 __ ' - 27: 23 29 39 � and left in a clean Condition as often as Reassert. 1 = and not less than once per month. 2. Baseboards are to bewpedwad, alreated dust - __._._._____ ______ loth afisr vesuoming. `- 3 Hanl Sudacod Fli are to be vompletely slnppsddvrvntolhebare!luor surface ....... ny '. eaeli ALLIED UNIVERSAL JANITORIAL SERVICES 25B-56 Page24 EMPLOYEE RECOGNITION We recognize that our employees are the key to our success. As such, we acknowledge their outstanding performance and achievements throughout the year in several ways: EMPLOYEE BENEFITS Allied Universal Janitorial Services offers comprehensive health benefits to all employees working 30+ hours per week. Qualifying employees can take advantage of the following benefits offered. Medical Allied Universal Janitorial Services offers two levels of ACA compliant medical plans through The Boon Group for employees and their eligible dependent. The cost of coverage for the qualifying mandated plan, the "MVP Silver Plan" option, is 9.5% of gross pay per pay period for individual coverage. Qualified employees are eligible to enroll in health insurance on the first of the month following 60 days of employment. Dental & Vision Allied Universal offers employees and their eligible dependents two types of voluntary dental plans as well as a full service vision plan to ensure that all aspects of health coverage are included in their benefits package. Employee Assistance Program All employees are eligible to participate in our Employee Assistance Program at no cost to them. They may contact a qualified counselor 24/7 to assist with any type of individual or family problems, including financial issues, marital counseling, childcare or dependent counseling issues, substance abuse issues within the family, or any other type of problem that may distract the employee from performing at his or her best. Retirement Plan We provide full time employees with 6 months of continuous service the opportunity to save for their retirement on a pre-tax or Roth basis through our 401(k) retirement plan. Mass Mutual administers this benefit and there is a menu of investment options available. Open enrollment is generally conducted two times a year and details about the program are provided to the employee when they become eligible. Holidays Allied Universal and its employees observe the following eight (8) holidays: • New Year's Day • Presidents Day • Memorial Day • Independence Day • Labor Day • Thanksgiving Day • The day after Thanksgiving • Christmas Day ALLIED UNIVERSAL JANITORIAL SERVICES 25B-57 Page25 GREEN CLEANING PROGRAM Allied Universal Janitorial Services understands the importance of first impressions, and wants your company to succeed on every level. Every building we clean is done in an environmentally WA - preferred way, utilizing green cleaning processes, chemicals and equipment. Our commitment to the environment cuts down on C I m4s waste and advocates a healthy workplace, which saves yourraTls �Eo business money. We are a proud member of the U.S. Green GB Building Council and recently received CIMS - Green Building Certification. The International Sanitary Supply (ISSA) awarded Allied Universal the highest honor you can achieve in the cleaning industry, CIMS - Green Building Certification. This honor is very hard to achieve and there are less than 200 maintenance contractors in the country that have achieved this award. To achieve certification, our organization went through a comprehensive assessment and we had to demonstrate first hand compliance of the CIMS elements. All CIMS assessments are performed by an ISSA-accredited third party assessor. The assessor reviews written documentation supporting compliance with the requirements described in CIMS' five core sections and conducts a comprehensive on -site review of the applicant's systems, processes and documentation to ensure compliance. The assessor also visits individual customer accounts or locations to ensure that the organization's activities are consistent with the documented systems and processes. Compliance with the standard shows that a cleaning organization has the systems in place to deliver consistent, professional services designed to meet customer needs and expectations and is prepared to deliver a comprehensive green -cleaning program based on LEED EB green cleaning criteria. Independent, accredited assessors verify CIMS and CIMS-GB certified firms meet the industry standard for: 1. Quality systems 2. Service delivery 3. Human resources 4. Health, safety, and environmental stewardship 5. Management commitment 6. Green Building ALLIED UNIVERSAL JANITORIAL SERVICES 25B-58 y �� Page 26 ISSA CIMS GREEN BUILDING CERTIFICATION Having undergone a comprehensive assessment of its management structure and green cleaning operations by an Independent accredited CIMS-GB assessor Allied Universal Janitorial Services is hereby CERTIFIED to the ISSA Cleaning Industry Management Standard Green Building Criteria and has successfully demonstrated a commitment to the delivery of environmentally preferable services designed to meet customer needs and expectations. This Certiflcation Is valid 12/02/2018 through 12/02/e 2020, ISSA�JohnBarrett, Executive Director ISSA ALLIED UNIVERSAL JANITORIAL SERVICES 25B-59 Page27 GREEN CLEANING EQUIPMENT LIST Allied Universal Janitorial Services provides our employees with exceptional equipment to get the job done. We believe that a well -structured training program coupled with the most technically advanced cleaning equipment produces a healthier, cleaner, and more welcoming building for your clients and employees. Allied Universal utilizes the following equipment to complete all cleaning tasks required. • ProTeam Super Coach Pro® HEPA Vacs • 3MTm Easy Trap Duster System • Waxie Floor machines, low/high-speed • Autoscrubbers • Carpet cleaning extractors (Noah/CFR) Advance upright HEPA Vacuums • 3MTm Easy Scrub Flat Mop System • Burnishers • 20 gal. Wet/Dry vacuum Pressure Washers • Brooms Wet Floor Signs • Microfiber towels Corner/grout brushes • Deck brushes Microfiber extension dusters • Floor Machine pads . Mr. Clean Magic Erasers • Mop buckets and ringers Squeegees • Trash barrels Toilet bowl brushes • Tool caddies for barrels Cotton and nylon mops • Personal Protective Equipment — Rubber gloves, eye glasses Allied Universal also provides these unique cleaning equipment, implements, and technology. DUAL BUCKET MOPPING SYSTEM The dual bucket mopping system takes floor cleaning to a new lever of clean. The system features a dual -compartment bucket to isolate dirty water from clean water, while also preserving the quality and cleaning power of cleaning solution. The system is also more ergonomic than the standard mop buckets since it divides the liquid weight, requiring less effort to empty each bucket when full. The buckets come in multiple colors to eliminate cross -contamination between general office cleaning and restrooms. UNBELIEVABLE RESTROOM CLEANER The restroom attendant will carry a deck brush and utilize Waxie's Unbelievable microorganism cleaning process. The microorganisms in the product feed on organic waste and are reactivated every time they come in contact with water. The floor cleaning will be sprayed around the base of the toilets and under the urinals to neutralize odors and deliver a better clean each and every night. Unbelievable has the following benefits: • Environmentally conscience, water based • Prevents slippery floors, no rinsing required • Eliminates odors in floor drains • 100% All Natural — Non -Toxic Rejuvenates floor appearance with repetitive use ALLIED UNIVERSAL JANITORIAL SERVICES 2513-60 Page28 DOODLESCRUB The Doodle Scrub cleans and prepares floors around stationary equipment, especially around tight to reach places like bathroom stalls, 'toilets, and in stairwells. It works great on tile and grout, VCT floors, marble, limestone, rubberized stairs, and much, much more. The Doodle Scrub weighs in at 22 Ibs and has the same weight per square inch as larger machines, but is small enough to fit in tight spaces. The motor generates 4100 rpms of power to ensure that all surfaces get cleaned efficiently. TELL THE BOSS Allied Universal has brought the janitorial industry into the 21s' century with the industry -first "Tell The Boss Customer Feedback" program. Using the latest technology and our new innovative service, Tell The Boss gathers your tenants' feedback 2417 and delivers it to you in real time. How does it work? Texting is now the most common form of communication in the world. Tell The Boss uses texting and Quick Response (QR) bar codes to send vital customer comments (in their own words) to building owners and managers. The ease and simplicity of the Tell The Boss service will enable building managers to find out what their customers think faster and more accurately than other systems used today. Up-to-the-minute data can be accessed with a simple login to your account, and comments can additionally be sent, as customers upload them, right to your mobile phone. Benefits ♦ Knowledge is wealth ♦ QR Reader & Text technology ' ♦ Increase tenant feedback ,'. ♦ Next day, unfiltered data directly from tenant you yelp•.+ ♦ Responses can be filtered by area/service ♦ Direct customer feedback to one location instead of Public Social Media outlets! *Nominal cost incurred for printing of cards. ALLIED UNIVERSAL JANITORIAL SERVICES 25B-61 Page29 R a 4y V FEE SCHEDULE a �j en ems. .6 �a m m �n n. �o •n v n on b d, n a N W � N x'1' O t� t^• l^. i`.+ l�.l c4 C- H� r � a „B ..i *C$ pp 8 ki t��pr5.. ti'i a! Lry C� h b d y rh �• M � N�Mvyyy GtiN Cv'Vi�C fV ��l C'. y, K.W N 6'4 M K tH teY V} if V9 4h b�1 MiLL N ash L+�, V,. "A iIi vi g In •st fib} Gv^f M 6w e+R yr th � «A u+ m vt Wi tr vt ire. i9 � ah ±3r a ff Lq a T 1� M tv. N w 1`�. �2f � "� W �T '� � n d t•Nt N P � � R � Lr'i xa�! o? � � p� Ci �. � tR 6�9 E5 M � VY V�i &9 � 4i ih Vi §•A � M) V�i w � A N d Yp. G Ca ti U UUUziJsn �1 -.. N rn: -r �n e� rY � .. sa .- rvL r•, .y. �n `- 7 ALLIED UNIVERSAL JANITORIAL SERVICES 25B-62 Page30 k m d / ALLIED UNIVERSAL JANITORIAL 7mCe 25B- 2 Page CERTIFICATIONS Please see the completed attached certification forms. • Attachment 3: Non -Collusion Affidavit • Attachment 4: Non -Lobbying Certification • Attachment 5: Non -Discrimination Certification • Attachment 6: Agreement Statement (included in previous section) • Attachment 7: References (included in previous section) • Attachment 8: Staffing Levels • Attachment 9: Fee Schedule • Attachment 10: Proposer's Statement • Add] Attachment: City of Santa Ana Business License • Add] Attachment: Bid & Performance Bond (included as attachment in Planetbids.com bid submission) ALLIED UNIVERSAL JANITORIAL SERVI CH 25B-64 Page32 ATTACHMENT 3 -- NON -COLLUSION AFFIDAVIT (Ilde33 United States Code Section 112 and Public Counsel Code Section 1106) To the CI fY M SANTA ANA DEPAR"UAFNT OF FUbUC WORKS In accordance with Title 23 United States Code Smiion l I and Public Contract Code 1106 the BIDDER declarer that Ute bid is not trade in the interest of, or on behalf ol; any undisclosed person, parbacit dp, company. assea is ian, organization, or corporation; Arch the bid is geuoine and nor call usivo or shorn; that the BIDDER has not dirooly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indircetly colluded, conspired, connived or agreed with city BIDDER or amyotro alse is put in a shain bid, or that anyone shall refrain tram Melding, that the BIDDER: has not tit any manner, directly or indirectly, soughs by agreement, or conferencewills anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead profit, orcoat element of the bid price,ornf that ofany other BIDDER, or to secure any advantaea against dte Public body a<vardiag the contract of anyone intcresicd in the proposed contract, that all statements contained in the bid etc one, and, further, that the BIDDER has not, directly or indirectly, a bniltfed Sus or her bid price or nnq breakdown thereof, or the contents thereof, or dirulged 9ntormnhon or data relative thorem, or paid, and will not July. any fee to any corporation, prenschip, company association, organization. bid depository, or to any member or agars thereof to effectuate a collusive or shun bid. Role: theabo' ca aollusinn Affidavit is part of the Proposal. Sipring this Proix'oh an tht duceure portion thereof ,hall aluocon"strut sr,n there the Nnn•eellasien rlfhSdaett BIDDERS are cawurned nor routines ae ceriifinauar, tiny mb'iactrtt/fte,4 bh r OCS rm p s chatchatt} Signed 7q \ i .d ./ State orcalifrinna County oC,o„ ,A0 CC, Sutxssrkber' and un'Zrtts to tt r sfh'r tc dl he#ixc nre on tht C..u;_ dry of Ay�,'U�r}, b} Locr V.-€„/(tl ax5 proved to tic tbn th„ h iv s of s„C_f het try or;denca ft be the p ttn:h{s) who agpbefare V tor" Notary Public Signature W" A`%+:rts TONI M. IPPDLITO to act CQMM, If 2i6e93e X7 ro a NCTARYPUBLICCA.iKgfti!!A� ae"`""'' ORANtlE COUNTY � Wit. MY CpMM. EX7 NqY 18,?q20 Notary Public Seal THIS FORM MUST BE COfdPI.ETED Ahli3 INCLUDED WITH 7f#E PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORD WILI BE CONSIDERED NONRESP0AIVG. City of Santa Arts REP 19.074 Attachntont 3 ALLIED UNIVERSAL JANITORIAL SERVICES 25B-65 Page33 APPENDIX ATTACHMENT 4 _ NON-L.C?L3Si3 ING CERTIFICATION The facemxu+re praduipeot certifies", by signing and snb➢n uffig this bid or proposal, to the, bestof his or her knowledge and belief, dial: 4No federal appropriated fiends leave been paid or will be paid, by area behalf of the undersigned, to any person for iaf7aencing or anwapting to iniiucirua mt otYlcer or employee bf any ivdsral age�rcy, a Ntcnnbar of Comes", an officer or cirresm ee of Congress, or an employee of a Member of Congress in contraction with the awarding of any federal umtraat, tine making many federal gmrse the making ofany fademi loan, the entering into of any cooperative agreement, and the extension, connnuation, retuiwal, amendment, or modification of any federal contract, grunt, burn, or cooperative agreement. 2; If any funds other than federal appropriated funds have been paid or will he paid to any person for influencing or attempting to influence any officer or employee of ary federal agency, a filember of Congress, an o€Iicer ar etnphoyre of Congress, or nn employee of a lvombcr of Ca egress in connection with this tederei eontrau, grant loan, loan err sooperarivo agrmunant, dire undersigned obeli Damp€ate and submit a °`Disciasurh of l abhying Activities". This certificati0n is a material representation of Fact umet which reliance Nn5 placed when rhii transaction Was crude or entered into. Submission of this canificatlon is a is crequisite, for looking or entering into this transaction impsed by Section 1332, Tide 31, U.S. Code. Any parson who fails to file the required scrtiiic.a nin shall be subject to a civil penalty of oat leas than $10,000 and not more than 5100,00D for seen such fndurc. The prespactive poricifead also agrees by submitting his or her bid or proposal that he or 6 a shah require data the lnnguagc of this certification be included in ail Mover her subcontracts, which escecd S100,000 and that all such sub recipients shall certify and disclose accordingly. Finn 1jmVsrsa1 Sig cdand front d Name: Title President LLC dba Allied Universal janitorial Services Mark Ii. olivas THIS F dE COMP E D AND BNCL€JDED WITH THE PROPiPaAL. PROPOSALS THAT DO NOT CONTAIN THIS rORM WILL HE CONSIDERED NONRESPONSIVE� City of Santa Ana RFP 19.074 Attachment 4 ALLIED UNIVERSAL JAN]TO RIALSERVICES 25B-66 Page34 APPENDIX ATTACHMENT 5 — NON-DISCRIMINATION CERTIFICATION The undesagirod connovior or corporate, officer, during the performance of this correct, clariLos as folboria; The Cordraillwahall not diameninate against any cofdryovorapplicant lbroulinklyaneat because of color, religion, sea. or national orillill. The Contractor shall take affunradva action to ensure that applicants am, loriployed. and that employees, tire treated during employment without, regard to there ratw, color, religion, see, or national origin. Such andolot shall include, but not be hadeel to, the following, in ' otru loynit, upgrading, demotion, or transfer; reermilmind or ry'ruillican adviod"'ing; layoff or herudinnion; rates of pay or odyer firinars and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous plaxtc, available to cruploycle, and applicant, for amploysiscid, indices to be provided setting forth lire provisdicirt of this nondhorinsfiletarn clause. 2 The contractor shall, in all solicitations or adveythrourvans for croployces placed by in on behalf ofthe couravier, aisle that all qualift lipplivarnis will receive considenniov Fa limployinina without regard to race, color, religion, sex, or national origin. 3, The Ccvrrxctor shall scud to each tabor ration or representat9a4 tzfworkers with which herslte peso cpUecriee bargaining Aferecrilled or inner contract or understanding, a notice to lal provided advising the said labor covert or workers' representatives of the coultnitineres; under this se"fiont, mild shall past copies of the relfice at comparisons places available to clophs,"to and applicants for employsiond 4. The Contractor shall comply with all provisions of Execrative Order 11246 of September 24, 1965, and of the rules, re millions, and unevian orders ol' the Steel Lary of Labor. 5 The Contractor rhall furnish all infamnflou and nites"s required by frateentivo Ord" 11246 oFfatpasnobar 24, 1965, and by rates, regulations, and ordersof the Secretary y of Labor, or pursuant therein, and will permit ut ounces to ho;Ii records, and accougs by die robandagencylacrini, agency and the Sterwary of Labor for purposes of homstigankar, to ascertain compliance with anolx rules, regulation,, and orders. 6, In Ilia event of the contracalar'li with the nondiscrimination clauses of This -contract or with any of the said rules, regulations, or order., the witeraca only be calicitlad, tort blared, or taisiterided in what,, or in part and the Commode imay be declared nxilisible to, further Government contracts 01 eade'refly assisted ectedrinailml contracts in ire oidance aull procures aettwrisad in Exciannat Order 11246 of Striverindarr'24, 1965, and snob other sanctions may be impt"'d told imcdav, ulmsfed an provided in Executive Older 1124a of Sepactrear 24, 1965, or by role, regulations, in order of1he Secretary off,alye, er a, inficraiss pro ided by law. City of Santa Ana RFP 19,074 Attachment 5 (Page I of 2) ALLIED UNIVERSAL JANITORIAL SERVICES 25B-67 Page35 APPENDIX ATTACITNIENT 5 — NOIN-DISCRUMINATION CERTIFICATION The Contractor shall include The prehort of the sentence immediately preceding paragraph (1) and the provisions of paragraphs I I I through (7) in every subcontract or purchase order unless exempted by rates, regulations, or orders or the Secretary of Labor beared Itcysumn to Section 204 of Lxcmtfive Order 11246 of September 24, 1965, so that such provisions will be binding span each subcontractor purchase order as the administering agency nmy direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor Neturres Involved in, or is threatened with, litigation with a subcontractor or vender as it reach of such direction by the administering agency. the Craursocar May request that the United States enter into such litigation to protect the interests of the United States A. barroom to California Labor Code Section 1735, as added by Chapter 643 Start 1939, and as amended, No discrimination steal I be made in the employment of persons open public works because ofrooe, nefigions cneed, color, national origin, anucstry, physical handicaps, mental condit4e), maritd] status, or sex of such parsons, except as provided iu Section 1420, and any contractor of public works violating this Section is subject to all the penalties Imposed for a violation of the Chapter. Signed: Mark E. Olives, president Finn. Universal Building Maintenance, LLC dba-Allied Universal janitorial Services Date! T I it 6 ie 6 i Am wt I § 7T E m CiiPdPL.ETiS ANTi INCLUDED WITH THE PROPOSAL, PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City of Santa Ana RFP 19-074 Attachment 5 (Page 2 W. 2) ALLIED UNIVERSAL JAN ITO RIALSERVICEs 25B-68 Page 36 8 — STAFFING LEV M- PLEASE PROVIDE THE FOLLOWING INFORMATION. THE INFORMATION PROVIDED WILL BE INCLUDED AS PART OF THE AGREEMENT. 7,7 City 14011 3 19,88 20 civic center Plaza 2 City Hall- Council Chambers 1 6.06 22 CIVIC Center Plaza 3 Ross Annex 2 14.23 20 Civic Center Plaza 4 Main Library 26 Civic Center Plaza 3 22.00 Corporate Yard 6 Public Works Adnnln, Bldg A 1 5,18 220 S. Dais Ave Corporate Yard 1 116 a Public Works Elam Bldg. 1 22CAS. Daisy Ave Corporate Yard 7- Public Works Stores Bldg. A 1 0.65 -9-20-8 Santa Ana Regional a Transportation Center SARTC 5 39.50 1000 E. Santa Ana Blvd 9 Newhope Learning Center I 1.80 i Athletic and Activity 1,62 -10 League 2627 W. McFadden Ave 4.4 Southwest Senior Cantor 2.14 2201 W. McFadden Ave 42 Corbin Center 2.14 2216W, McFadden Ave 43 Santa Ana Senior Center 11189 W. 3rd St — 44 _A24 Jerome Center 1 726 S. Center St. 4.15 4-5 Santa Anita Center 0198 300 S. Finuerort St. 44 El Salvador Center 1 2.04 1825 W. Civic Canter Driva n. Initial: ri.t.8120/2019 City of Santa Ana RFP 19-074 Attachment 6 ALLIED UNIVERSAL JANITORIAL SERVICES 25B-69 Page 37 rA V�i�WSFx HtA +FS Y-i �c9 �u9 7��Vi ^x oJ, 6 � [9 M IT W N ^T M fw fA raw e3 �� h iA rC]+tiM M .: .. i•4 wiC M �` q Vi h �Pvi4 �y O m �P te: C� F'M1 h M f+h sa W �.tl7 4� ✓y N � b� Peti OI rcWi m E+1 [Y lf]r w u h„ �c pi MMO W O m f' P 6 � t✓t th ft l 69 tiFA 4? b? Hl Yi M fn vT V1 (R 4R I��t9 �Y Ul �'� C J h fie C yyy.' aG air V u C J SJ y p CJ C ire c or'`c Ui✓r»^ «° �Si4l v a t+vaU ••.•.N rh ti-w W hae e+41 -N 2 V' nby ALLIED UNIVERSAL JANITORIAL SERVICES 2 5 B -7 0 Page 38 I m ALLIED UNIVERSAL JANITORIAL SERVICES 25B-71 Page 39 a «e Yy w v � o � u r p � N y � N 'U O a vw K � Lv � � w G ap a V � r N c qL FS ro i r , jn r `m 9 ALLIED UNIVERSAL JANITORIAL SERVICES 2 5 B -7 2 Page 40 CITYOFSANTAANA BUSINESS TAX SECTION (M-15) A10 20 CIVIC CENTER PLAZA, FIRST FLOOR, P.O. BOX 1964, SANTAANA, CA 92702(714) 647.5447 t CrfYOF SANTA ANA BUSINESS IJCENSE TAX RECEIPT SUMESSTAXHUMSER: 020485 TAX PERIOD: 4M12019-3f$112020 BUSINESS RAMS: ALUED UNIVERSAL.WNTORIAL SERVICES AMOUNT PAN: A314.00 BUSNESSADORESS: 151E E WUSHIREAVE UNrF# 412 GANTAANA CA 02706d016 DATE PAD: M41NID OWNER NAME: UNIVERSFLL. BUILDING MAINTENANCE LLC THIS IS NOT A BILL ATTACHED BELOW IS YOUR CITY OF SANTA ANA BUSINESS LICENSE TAX RECEIPT PLEASE DETACH AND POST" IN A CONSPICUOUS LOCATION (SEE REVERSE SIDE OF BUSINESS LICENSE TAX RECEIPT FOR POSTING REQUIREMENTS) ALLIED UNIVERSAL JANITORIAL SERVICES 25B-73 Page41 CERTIFICATE OF LIABILITY INSURANCE D1i01eoonvvrl THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the pollcy(Iss) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not Gondar rights to the certlncate holder in lieu of such endorsements . PRODUCER MARSH USA ING 'I717 Arch Sfleak Fhiladedd ,PA 19103 CONTACT NAME: PHONE FAX (AID, N rc. Man, NaI E-MAIL AIM: Philadelphia ced,@n arshcom 1 Fax: (212) 9480360 M SURERDO AFFORDING C OVERAGE Ni INSURER A: Lexington Insuouncia Garpany 19437 CNH8025105-ALL-GAW11 V) UIUV INSURED Allied Universal Ta,a., LLC INSURER B:Omni Insurance Company 22322 INSU PER C: XL Insurance America 24554 (Sea Attached for Additional Earned Insureds) 161 Washington Sirael, Suite 600 Conshohocken, PA IN28 INSURER D: LIo-s$ndloakes-See Amid 101 INSURER E; XL Speandgr Inseence Company 37885 INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-08595216835 REVISION NUMBER' 22 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE ADO 5Yogi ER POLICYNUMBER MWDDnYYV MMOD YV LIMITS I Tl�'OIAMERCIAL GENERAL LIABILITY CLMd4ApE OCCUR TRACTUAL LIABILITY OUG95264 1118112018 111010019 EACHOCCURRgJCE 5 16,0W,000 OAEAGETMPUR5ORENCIEDCes IS00D,g6D GEN'L % MED Rai ny one Persanl s $1.75D,00D PERSONAL& ACV INJURY 3 10,00T1,0t0 AGGREGATE LIMIT APPLIES PER: POLICY JEC1:1 LOG OTHER'. GENERAL AGGREGATE E 10,00QOL6 PRODUCTS-COMP/OP ABC 3 10000,0m0 g AUTOMOBILELIABILITY X X X ANY AUTO CAREO SCNEOULEU AUTOS ONLY AUTOS HIRED X NOH-OWNED AUTOS ONLY AUTOSONLY RADW37818 Be 11AR12018 11101R019 Ee 31HEDtSINGLE LIMIT S 2,000,0(Q BODILY INJURY"" Pereon) $ SILLILY INJURY Ter DCcEeni E PROPERTY➢AMAGE Per cident E E X UMBRELIALIAB EXCESS LIAB X OCCUR CLAIMSMADEAGGREGATE BOWCNI800836 111012018 i1N1i2019 EACHOCCORRENCE E 10,000,000 g 10,000.000 DEB I I RETENTION S 0 E WORKERS COMPENSATION AND EMPLOYERT LIABILITY Ylrl ANYPROPRIEPDRIPARTNERUECUTIVE OFFICER]MEMBEREXCLUOE➢2 li (M.. bady in NH) Pyea deacrmaunder FBQRIPTION OF OPERAFIONSbO. NIA RWD3001203412(AOS) RWR3001204-02(AK SA) 111012018 19012018 11101120/0 111D112019 X PER OT& STATUTE &L EACH ACCI➢ENr g 1,OOD,060 E.L. DISEASE - EA EMPLOYEE 4 1'000,000 EL. DIS£AS£- POLICY LIMIT $ i3Og0,0a0 DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (ACOPD fei, Additianul Remarks Schedule, may be aIIoched if more $Puce ie requiI General Liability and ADD Deadly Provides blanket ade25onal inured Gakus to third parties vAlsa required by wham contact The cdveagas head stave Fmvide ed", 0 subro9arce in facuMd thud- parties whore required by vaTon contract. The coveai fisted above are prunary and noocanh inkey to other coven$es afforded by Dirdsarkee where recurred by writer, contrast CERTIFICATE HOLDER CANCELLATION Allied Universal Topco, LLG 161 Washington Sheet, Suds 600 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Conshohocken, PA 19428 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORQED REPRESENTATIVE of Marsh USA Inc. Manashl Mud erlee ..}VLAM1rt.Gas.r: r,Svtn,s/yFss, .ey 911888-2016 ACORD CORPORATION. All rights reserved, ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD ALLIED UNIVERSAL JANITORIAL SERVICES 25B-74 �_ Page 42 Z O EXHIBIT C mv�nn�b,n�n�nn, n n r o q Y fi r r ° C ry ^n "s > r v O� O Co O Oo W Cn N W W N O� V xi ��jj-11 rl � fA 6A fA ffl ffl 63 fA 6? 6A fA fR 6A � 6A fA £A rG O N V N U 'UW xi O N Go rn O� W V � W � m _ y � 4fl (A ffi (fl Vi � ff! r Ni Vi bA 4A EA Elj fA �+ � lVll r Ul W \D rP vC �N ��pp .. ���w�� N co •- O W W V N V O O, U N O N V W Ili �P W rn Y f.. 25B-75 \B/5 }\Z~ {inRn j$nz(o& \\\\\\\ / ( \ � \ \ { \ -- ) \PO ® § } � / xq 00 cc 7 ! » \ \ / / 25B- § O O cn cn y 2-n DO OC Zy � q w Om z� iO Z"v Zr, r = m -nv OD ;uZ �v �z rr C m 0 O� z x v� m mm C) I� 0-0 z0 my N .o r O Z cn m � P' ❑ � 'rb � � 20 'C 'C �C K y ~ p ran y r w N1 + y0 W W �p A �• 0�0 � .ui-. ut lJ A A V W VO N O +- W N iD Oo A w W W UJ C" Cli o �V � � W W 69 69 69 69 69 69 � 69 A b9 49 A c{3 �y A n ? � O O A Oo Oa IJ � to U o In � W rCS�i G7 N N Oo V rl k � N �D V O N V O N T 00 W N y W ON OW 'QV v A � A� vNi � N b w OOi k � co u A oo liJ o V u' A O u> O N n V ut b V VO UW A� oo N IJ co O ut u, N ut `� ao O �D �D O ut oo O �D W O\ rl e 25B-77 T m O O y —i P2 Vl y 2 -n DO O� Z C Ocn cn nm On z0 E ZT r =m �' o In OD Z mO z O Z m v O Z y m yrdod r� x �? O' C L � o M y y �.y A'+ C A IV) C1 00 00 't ,•' N A U) O A m 00 00 A 00 00 O �l "� ero y 0 m AD � W r�oo sA o 0 ua � CL o o J w W 00 C K x ms_ S m w N CIS 0 J 00 v� oo d t) a � r7 b N "G b O\ 01 O O\ O ro � Q EA w EA N EA w EA N EA co EA N w oo w o0 0� oo b m 25B-78 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AGREEMENT WITH MUNICIPAL ❑ ❑❑ WATER DISTRICT OF ORANGE COUNTY FOR 2019 AMERICA'S WATER INFRASTRUCTURE ❑❑ ACT COMPLIANCE ASSESSMENTS AND RESPONSE PLANS, IN AN AMOUNT NOT TO EXCEED $145,405 (NONGENERAL FUND) {STRATEGIC PLAN NOS. 1, 2D & 7, 5F} As Recommended As Amended Ordinance on 1" Reading Ordinance on 2n° Reading Implementing Resolution Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute an agreement with the Municipal Water District of Orange County for 2019 America's Water Infrastructure Act Compliance Assessments and Response Plans, for the term commencing on October 15, 2019, with an anticipated completion of November 21, 2021, in an amount not to exceed $145,405, subject to non -substantive changes approved by the City Manager and the City Attorney. DISCUSSION Enacted in 2018, the America's Water Infrastructure Act (AWIA) requires community drinking water systems serving more than 3,300 people to develop or update Risk Resilience Assessments (RRAs) and Emergency Response Plans (ERPs). The law specifies the components that RRAs and ERPs must address. The City's population served exceeds 334,800, which triggers required certification deadlines of March 31, 2020 for RRAs, and September 30, 2020 for ERPs. In response to the AWIA requirements, on May 15, 2019, the Municipal Water District of Orange County (MWDOC) coordinated with 24 Participating Agencies — including the City of Santa Ana — to issue a Request for Proposals for AWIA Compliance Crosswalks, Risk and Resilience Assessments, and Emergency Response Plans for Orange County Water Utilities. By cooperating on this plan, Participating Agencies and MWDOC benefit from economies of scale and thereby reduce preparation costs which would be otherwise incurred if RRAs and ERPs were conducted by individual agencies. The agreement between MWDOC and the Participating Agencies allows the parties to collaborate on emergency preparedness programs and to fulfill AWIA requirements and deadlines. 25C-1 Approve Agreement with MWDOC October 15, 2019 Page 2 A prior Phase 1 related to this effort is being completed and invoiced under a separate MWDOC agreement. The City of Santa Ana's share of the remaining costs for Phases 2 and 3 is $145,405. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 - Community Safety, Objective #2 (broaden communications, information sharing, and community awareness of public safety activities), Strategy D (expand Community awareness of Public Safety activities, programs and services that focus on risk reduction [smoke alarms, water safety, pedestrian safety, fire safety/prevention]); and 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $145,405 are available in the Water Administration/Engineering, Contract Services -Professional account (No. 06017645-62300) for expenditure in FY 19-20. Fiscal Year Accounting Fund Account Unit, Account Description Amount Unit -Account# Description FY 2019-20 06017645-62300 Water Fund Water Admin/Engineering, Contract $145,405 Services- Professional Agreement Total: $145,405 Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/NS/RR Exhibit: 1. Agreement with MWDOC APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 25C-2 EXHIBIT 1 AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2019 AWIA COMPLIANCE RISK AND RESILIENCY ASSESSMENTS AND EMERGENCY RESPONSE PLANS FOR PARTICIPATING AGENCIES (PHASES II AND III) THIS AGREEMENT is made and entered into as of October 2019, by and between: 1. Irvine Ranch Water District 2. City of Santa Ana 3. South Coast Water District 4. City of Huntington Beach 5. City of Garden Grove 6. Moulton Niguel Water District 7. Santa Margarita Water District 8. City of Fullerton 9. City of Orange 10. East Orange County Water District 11. City of San Juan Capistrano 12. City of Westminster 13. City of Buena Park 14. Yorba Linda Water District 15. City of Tustin 16. City of Newport Beach 17. City of La Habra 18. City of Fountain Valley 19. City of San Clemente 20. El Toro Water District 21. City of Brea 22. City of Seal Beach 23. Trabuco Canyon Water District 24. Serrano Water District, (collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are also collectively referred to as "Parties." RECITALS WHEREAS, per Section 2013 of Title II, America's Water Infrastructure Act ("AWIA"), utilities are required to design and complete an AWIA Compliance Crosswalk; conduct a Risk and Resilience Assessment ("RRAs") for their agency; and develop or update an Emergency Response Plan ("ERP"); and WHEREAS, each Participating Agency has the responsibility under AWIA to conduct a RRA and prepare an ERP for its respective agency; and 25C-3 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies in conducting RRAs and subsequently preparing or updating an ERP in response to AWIA requirements; and WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals for AWIA Compliance Crosswalks, Risk and Resilience Assessments, and Emergency Response Plans for Orange County Water Utilities, issued Wednesday, May 15, 2019 ("RFP") and HSG, LLC, dba Herndon Solutions Group ("HSG" or "Consultant") was chosen as the successful consultant to prepare each Participating Agency's AWIA Compliance Crosswalk, RRA and ERP; and WHEREAS, Consultant has been retained for three separate and distinct phases of work under the RFP; Phase I, Design and Completion of AWIA Compliance Crosswalks for each of the Participating Agencies; Phase 11, conducting RRAs based on AWIA requirements, the Participating Agency's Specific AWIA Compliance Crosswalk and other materials provided by Participating Agencies; and Phase III, updating or creating an ERP for each of the Participating Agencies based on AWIA requirements, the Agency's current ERP, the Agency Specific AWIA Compliance Crosswalk, the Agency Specific RRA, and other materials provided by Participating Agencies; and WHEREAS, Phase I is in the process of being completed under a separate arrangement for MWDOC and Participating Agencies, and the scope of work for Phases II and III will be finalized based on the results of Phase I and execution of this Agreement; and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the selected consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed: 1. Engagement of Consultant and Administration of Consultant Agreement MWDOC has executed a professional services agreement for the work identified in the response to the Request for Proposals by HSG for purposes of Phases I, II and III of the RFP ("Consultant Agreement"), and this Agreement is necessary to budget the scope of services for each Participating Agency for Phases II and III along with other MWDOC costs, attached as Exhibit A. MWDOC has amended its standard professional services agreement form for the Consultant Agreement and required appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement requires the consultant's insurer(s) to waive all rights of subrogation against MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers. The Consultant Agreement 25C-4 requires Consultant to ensure that its sub -consultants, if any, provide similar insurance coverage. 1.2 MWDOC shall coordinate all aspects of the proposed work with Consultant and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of Phases II and III; 1.3 MWDOC shall make payments to the Consultant for progress payments as work proceeds. MWDOC shall withhold 10% of each progress payment to Consultant in a retention fund until such time as every Participating Agency has notified MWDOC that it is satisfied with the final RRAs and ERPs prepared for it by Consultant. 1.4 Each Participating Agency shall provide all documents, information and assistance requested by Consultant during the performance of the Consultant Agreement. 1.5 The City of San Juan Capistrano agrees to add MWDOC as an additional protected party, pending approval by the City's insurance provider, the California Joint Powers Insurance Authority. 2. Cost Sharing by Participating Agencies. 2.1 MWDOC shall: 2.1.1 Collect from each Participating Agency upon execution of this Agreement or at other times as agreed upon between MWDOC and Participating Agency amounts that will total the full amount of the portion of the total cost allocated to that Participating Agency based on the Consultant's proposal and other MWDOC costs for Phases II and III, as attached in Exhibit A. The column labeled "Agency Estimated Total Phases 2 & 3 w/ Contingency" in Exhibit A includes, and each participating Agency agrees to, a 10% contingency which allows for minor variations in the cost of work as noted in Section 2.2.3 or for additional work that may be added by a Participating Agency per Section 2.2.2); 2.1.2 Inform each Participating Agency of any proposed extra work under the Consultant Agreement that relates to preparation of that Participating Agency's final RRAs and ERPs for Phases II and III and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both approve such extra work before MWDOC will notify Consultant to proceed with the work. 2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3). 2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies where there are funds due. 2.2 Each Participating Agency shall: 25C-5 2.2.1 Pay to MWDOC upon execution of this Agreement or at other times as agreed upon between MWDOC and Participating Agency amounts that will total to the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal plus other MWDOC costs, as attached in Exhibit A; 2.2.2 Pay to MWDOC, upon prior written approval of any extra work under the Consultant Agreement that relates to preparation of its final RRAs and ERPs for Phases II and III, the full amount owed for the approved work. Each Participating Agency shall bear all costs associated with extra work it approves. 2.2.3 Note that as Participating Agencies decide to participate or not to participate in Phases II and III, the cost sharing of costs among the Participating Agencies for the Consultant and MWDOC's costs will vary somewhat from agency to agency. Information relative to adjustments in costs among Participating Agencies shall be shared on a periodic basis as decisions are being made by the various Participating Agencies. Also, because the timing of completion of the RRA and ERP vary among agencies, it is allowable to schedule the payment of an invoice for those smaller agencies desiring to pay their deposit out of next year's budget. 3. Accounting Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records. 4. Independent Contractor Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC. 5. Warranty. Indemnification and Defense MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement. The Participating Agencies, and each of them, shall indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA. As between the Participating Agencies, any costs associated with the indemnity and defense obligations set forth in the previous two sentences shall be the financial responsibility of each Participating Agency based on the same pro rate basis as the allocation of costs set forth in Section 2.1.1 herein and Exhibit A hereto. In the event MWDOC, its directors, officers, employees and agents are made a party to any action or proceeding filed in connection with a 4 25C-6 6. Notice challenge to any work prepared pursuant to the Consultant Agreement in connection with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA, the Participating Agency whose RRA, ERP or AWIA- related work is challenged shall provide a complete defense to MWDOC, its directors, officers, employees and agents and shall reimburse MWDOC for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney's fees. Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows: Notices to Parties If to: Municipal Water District of Robert J. Hunter, General Manager Orange County Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 1. Irvine Ranch Water District Paul Cook, General Manager Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92618 2. City of Santa Ana Kristine Ridge, City Manager City of Santa Ana P.O. Box 1988, M-24 Santa Ana, CA 92702 3. South Coast Water District Rick Shintaku, General Manager South Coast Water District 31592 West Street Laguna Beach, CA 92651 4. City of Huntington Beach Dave Kiff, City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 25C-7 5. City of Garden Grove 6. Moulton Niguel Water District 7. Santa Margarita Water District Scott Stiles, City Manager City of Garden Grove P.O. Box 3070 Garden Grove, CA 92842 Joone Lopez, General Manager Moulton Niguel Water District 27500 La Paz Road P.O. Box 30203 Laguna Niguel, CA 92607-020"1 Dan Ferons, General Manager Santa Margarita Water District P.O. Box 7005 Mission Viejo, CA 92690 8. City of Fullerton Ken Domer, City Manager City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832 9. City of Orange Rick Otto, City Manager City of Orange 300 E. Chapman Ave Orange, CA 92866 10. East Orange County Water District Lisa Ohlund, General Manager East Orange County Water District 185 N. McPherson Rd. Orange, CA 92869 11. City of San Juan Capistrano Benjamin Siegel, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 12. City of Westminster 13. City of Buena Park Eddie Manfro, City Manager City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Jim Vanderpool, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 25C-8 14. Yorba Linda Water District Marc Marcantonio, General Manager Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870 15. City of Tustin Matthew West, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 16. City of Newport Beach Grace Leung, City Manager City of Newport Beach P.O. Box1768 Newport Beach, CA 92663 17. City of La Habra Jim Sadro, City Manager City of La Habra P.O. Box 337 La Habra. CA 90633-0337 18. City of Fountain Valley Rob Houston, City Manager City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708 19. City of San Clemente James Makshanoff, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 20. El Toro Water District Dennis Cafferty, General Manager El Toro Water District P.O. Box 4000 Laguna Hills, CA 92654 21. City of Brea Bill Gallardo, City Manager City of Brea 1 Civic Center Circle Brea, CA 92821 22. City of Seal Beach Jill Ingram, City Manager City of Seal Beach 211 8'h Street Seal Beach, CA 90740 23. Trabuco Canyon WD Michael Perea, General Manager Trabuco Canyon Water District 32003 Dove Canyon Drive 7 25C-9 Trabuco Canyon, CA 92679 24. Serrano Water District Jerry Vilander, General Manager Serrano Water District 18021 Lincoln Street Villa Park, CA 92861-6446 7. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 8. Counterparts and Facsimile This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement. 9. Severability 10. Term If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. This Agreement shall commence upon the date of the earliest execution by any Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to each Participating Agency. The scheduled completion date by the Consultant is November 21, 2021. MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 10, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement. 11. Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this 25C-10 Agreement may not be modified or altered without prior written approval from both parties. IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year thereinafter written, which shall be and is the effective date of this Agreement. Execution of Agreement by Parties Municipal Water District of Orange County Date: By: Robert J. Hunter, General Manager Municipal Water District of Orange County Approved as to Form: Date: By: Joseph Byrne General Counsel 25C-11 1. Irvine Ranch Water District Date: By: Paul Cook, General Manager Irvine Ranch Water District Approved as to Form: Date: By: General Counsel 10 25C-12 2. City of Santa Ana Date: By: Kristine Ridge, City Manager City of Santa Ana Approved as to Form: Q Date: -ITIG-I I By: W06�- JOV M. Funk, Assistant City Attorney 11 25C-13 3. South Coast Water District Date: By: Rick Shintaku, General Manager South Coast Water District Approved as to Form: Date: By: Arthur Kidman General Counsel 12 25C-14 4. City of Huntington Beach Date: By: Dave Kiff, City Manager City of Huntington Beach Approved as to Form: Date: By: City Attorney 13 25C-15 5. City of Garden Grove Date: By: Scott Stiles, City Manager City of Garden Grove Approved as to Form: Date: By: City Attorney 14 25C-16 6. Moulton Niguel Water District Date: By: Joone Lopez, General Manager Moulton Niguel Water District Approved as to Form: Date: By: General Counsel 15 25C-17 7. Santa Margarita Water District I Date: M Dan Ferons, General Manager Santa Margarita Water District Approved as to Form: Date: By: General Counsel 16 25C-18 8. City of Fullerton Date: By: Ken Domer, City Manager City of Fullerton Approved as to Form: Date: By: City Attorney 17 25C-19 9. City of Orange Date: By: Rick Otto, City Manager City of Orange Approved as to Form: Date: By: Gary Sheatz City Attorney 18 25C-20 10. East Orange County Water District I Date: 0 Lisa Ohlund, General Manager East Orange County Water District Approved as to Form: Date: 0 General Counsel 19 25C-21 11. City of San Juan Capistrano Date: By: Benjamin Siegel, City Manager City of San Juan Capistrano Approved as to Form: Date: By: City Attorney 20 25C-22 12. City of Westminster Date: By: Eddie Manfro, City Manager City of Westminster Approved as to Form: Date: By: City Attorney 25C-23 13. City of Buena Park Date: By: Jim Vanderpool, City Manager City of Buena Park Approved as to Form: Date: By: City Attorney 25C-24 14. Yorba Linda Water District Date: By: Marc Marcantonio, General Manager Yorba Linda Water District Approved as to Form: Date: By: Arthur Kidman General Counsel 2; 25C-25 15. City of Tustin Date: By: Matthew West, City Manager City of Tustin Approved as to Form: Date: By: City Attorney 24 25C-26 16. City of Newport Beach Date: By: Grace Leung, City Manager City of Newport Beach Approved as to Form: Date: By: City Attorney ,; 25C-27 17. City of La Habra Date: By: Jim Sadro, City Manager City of La Habra Approved as to Form: Date: By: City Attorney 26 25C-28 18. City of Fountain Valley Date: By: Mayor, Steve Nagel City of Fountain Valley Approved as to Form: Date: By: Attorney for the City, Colin Burns 27 25C-29 19. City of San Clemente Date: By: James Makshanoff, City Manager City of San Clemente Approved as to Form: Date: By: City Attorney ,S 25C-30 20. El Toro Water District Date: By: Dennis Cafferty, General Manager El Toro Water District Approved as to Form: Date: By: Gil Granito General Counsel �g 25C-31 21. City of Brea Date: By: Bill Gallardo, City Manager City of Brea Approved as to Form: Date: By: City Attorney 30 25C-32 22. City of Seal Beach Date: By: Jill Ingram, City Manager City of Seal Beach Approved as to Form: Date: By: City Attorney ,I 25C-33 23. Trabuco Canyon Water District Date: By: Michael Perea, General Manager Trabuco Canyon Water District Approved as to Form: Date: By: General Counsel 3? 25C-34 24. Serrano Water District Date: By: Jerry Vilander, General Manager Serrano Water District Approved as to Form: Date: By: Joel Kuperberg General Counsel 25C-35 v v Q N C rl H H '1 M M e•I ei r•1 M M M M H H H H H M ei M ry w 0 O N yI, V! 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TO INSTALL AND EVALUATE A SMART CONTROLLER/ WI- FI ACCESS PILOT PROJECT IN THE DOWNTOWN AREA {STRATEGIC PLAN NO. 6, 1C} 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 /s/ Kristine Ridge FILE NUMBER CITY MANAGER 1:7:1K01LTA ILTA 121ki111A11111EXIIIIIIMkiI Authorize the City Manager to execute an agreement with Petra Systems, Inc., to implement a pilot project at no cost to the City, consisting of installing smart controller/Wi-Fi access points on City - owned safety lights mounted above traffic signals in the Downtown Area, and evaluate the system's networking and Wi-Fi data accessibility for a one-year period beginning October 16, 2019, and expiring on October 15, 2020, with provisions for a one-year extension exercisable by the City Manager and City Attorney, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 3, 2018, the City Council authorized the financing and purchase Southern California Edison (SCE) owned streetlights in the City. The streetlight acquisition is financially advantageous to the City since there is an investment payback of 10 years which includes upgrading the streetlight fixtures to LED technology and addressing the under -lit areas within the City limits. However, other asset -leveraging opportunities include revenue generation to the City and improved public Wi-Fi access. Before the City leverages streetlight assets and looks to secure added revenue to the City, staff wishes to demonstrate controller/Wi-Fi access points technology. The controller/Wi-Fi access points have capabilities for turning on/off switching, dimming, metering, integrating with GPS, and efficient management and real-time monitoring. The controllers/Wi-Fi access points also have the capacity for intelligent parking systems, digital advertising, public safety systems, and Wi-Fi networks. The wireless systems also support communication networks for government, utility, and commercial uses. Testing and evaluating the new technology may be done by installing the technology on City -owned safety lights in the Downtown Area. The pilot project would be implemented within the area from 25D-1 Approve Agreement with Petra Systems, Inc., for Streetlight Control le r/Wi-Fi Access Pilot Project October 15, 2019 Page 2 First Street to Civic Center Drive and from Flower Street to Main Street. There would be no cost to the City nor any other commitment by the City related to the pilot project. On September 25, 2017, the Public Works Agency released a Request for Proposals (RFP) on the City's website and notified qualified consulting firms to provide proposals for a Citywide Streetlight Controllers/Wi-Fi Access Points Installation. Five proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. During RFP review, Siemens withdrew their proposal, leaving four firms to evaluate. The list of the firms and their respective scores are below: FIRM SCORE Petra Systems, Inc. 93.2 Northwest Edison 82.6 Tanko Lighting 73.4 Anycomm 72.6 Siemens Withdrew Proposal After receiving the proposals, staff metwith the highest rated proposer, Petra Systems, Inc. (Petra), to discuss the controller/Wi-Fi access point options and the revenue -generation opportunities. After reviewing the options with a third -party expert consultant working on behalf of the City in an advisory capacity, staff recommends implementing the pilot project in the Downtown Area to test the new technology. Petra and the City would enter into an agreement (Exhibit 1) authorizing Petra to temporarily install, operate, and maintain controllers/Wi-Fi access points in the Downtown Area for one year at no cost to the City. By entering into the agreement, the City will be partnering with Petra on the pilot project in the Downtown area only, and the City will not be obligated to continue working with Petra or any other entity associated with the pilot project beyond the term of the agreement. Petra will implement the Deployment Plan. The Petra wireless system will not interfere with any street lighting operations. Both the City of Santa Ana and Petra have the option to cancel the agreement, without cause, and upon termination, Petra will remove its technology in its entirety from the City's safety lights. This pilot project will not preclude the City from entering into other contracts for small cell deployment. The City will use the pilot project to evaluate the controllers/Wi-Fi access points system for potential citywide implementation in the future. The pilot project results and recommendations will be presented to the City Council upon its completion. As part of the pilot project, Petra is tasked with providing a financing/revenue-generating model that would include the purchase and installation of City -owned equipment/network, with an option to manage the system for the City. 25D-2 Approve Agreement with Petra Systems, Inc., for Streetlight Control le r/Wi-Fi Access Pilot Project October 15, 2019 Page 3 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 associated with this action. Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency FSS/TC Exhibit: 1. Agreement with Petra System (includes Location Map & Deployment Plan) 25D-3 Exhibit 1 AGREEMENT FOR DEMONSTRATION AND EVALUATION OF This Agreement for Demonstration and Evaluation of WiFi Access Points Streetlight Network ("Agreement') is dated as of October 15, 2019, and entered into by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California ("City'), and Petra Systems, Inc. ("Petra'). RECITALS A. The City is the owner of approximately 20 safety light LED light fixtures located in the City of Santa Ana, County of Orange, California, more specifically in the Downtown area from First Street to Civic Center Drive and from Flower Street to Main Street that is depicted on Exhibit A. These safety light fixures (hereinafter referred to as the `Property') are used to illuminate intersections and are mounted to the top of a traffic signal pole, above the red/yellow/green traffic signal lights. B. Petra is a provider of Smart City Infrastructure that desires to use the Property to temporarily install, operate, and maintain the Petra WiFi Access Points Streetlight Network for evaluation by City for potential implementation, as further described on Exhibit B (the `Project'). Petra has represented its willingness and ability to undertake all activities necessary to help determine the feasibility of the Project on the Property, including the installation of "smart controller devices" on the Property. C. The City has agreed to grant Petra a nonexclusive license to use the Property, on the terms and conditions set forth in this Agreement, including those governing the parties' negotations for a future, separate agreement, if any, governing the potential implementation of the Project in the City, subject to mutually acceptable terms and conditions to be documented in a future agreement. The Parties therefore agree: 1. Grant of License and License Term. The City hereby grants to Petra a nonexclusive license for the right to enter and use the Property from October 16, 2019 to October 15, 2020 ("License Term') to the extent reasonably necessary for the Project as mutually determined by the parties, upon the terms and conditions set forth herein ("License'), subject to Petra's performance of all of its obligations under this Agreement. At the sole discretion of the City, the License Term may be extended for one 1-year period upon a writing executed by the City Manager and City Attorney. This Agreement is intended and shall be construed only as a revocable license to use the Property and not as a lease or grant of any possessory or other interest in any property or equipment owned by the City. 2. Restoration and Clean Up: No Interference with Streetlight Operations. At its sole cost Petra shall, after use of the Property, or expiration or termination of this Agreement restore the Property to its original condition in which it existed immediately prior to the Agreement, leave the Property in a neat and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and materials belonging to Petra. The Project shall not interfere in any way with City's ordinary streetlight operations. 3. Compliance with Laws. Petra shall cause all activities of Petra under this Agreement and all activities in and on the Property to be performed in compliance with all applicable federal, state, and local laws, ordinances, and regulations, and permits. 4. Damage. In the event that Petra damages any portion of the Property or the improvements therein, Petra shall immediately repair the damage at Petra's sole cost. Alternatively, the City may, at its Page 1 of 7 25D-4 election, repair the damage in which case Petra shall reimburse the City for its cost within fifteen (15) days of receipt of written demand from City. 5. Fee. There shall be no fee for use of the Property under this Agreement. There shall be no fee or any other liability to the City whatsoever for any activities undertaken by Petra under or in fartherance of this Agreement. 6. As -Is Condition. City makes no representation or warranty of any kind as to the condition of the Property or any other matter relating to Petra's use of the Property. Petra hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the Property. Petra acknowledges and agrees that the use of the Property will be on the basis of Petra's own investigation of the condition of the Property. The license to use the Property shall be granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Petra hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Petra's use of the Property shall be subject to the Property being in a usable and safe condition at the time of Petra's use, and Petra shall be solely responsible for determining whether the Property is in such condition. In connection therewith, in the event that the Property or access thereto is damaged or obstructed or the use by Petra is otherwise impaired, prevented, or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the Property usable or safe. 7. Insurance. Petra shall secure, prior to commencing any activities under this Agreement, and maintain or cause to be maintained during the term of this Agreement, insurance coverage as follows: (a) Commercial General Liability Insurance. Petra shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of its use of the Property, 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 $2,000,000 per occurrence and $5,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self- insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. (b) Worker's Compensation Insurance as required by California law. (c) Comprehensive Automobile Liability Coverage, including as applicable owned, non -owned, and hired autos, in an amount of not less than $2,000,000 per occurrence, combined single limit, written in an occurrence form. 8. Indemni . Petra shall indemnify, defend, and hold harmless City, and its respective agents, officers, representatives, employees, and affiliates ("Covered Parties") from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Petra's use of the Property, or Petra's breach or default in the performance of any of its obligations under this Agreement; provided, however, that Petra will not be obligated to indemnify the Covered Parties from any claims arising solely from the gross negligence or willful misconduct of a Covered Party. If any action or proceeding is brought against any Covered Party by reason of any such claim, Petra, upon receipt of written notice from Covered Party, shall defend the same at Petra's expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding Page 2 of 7 25D-5 of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 8 shall survive the termination or expiration of this Agreement. 9. Negotiation Period. There shall be a Negotiation Period between the parties that is equal in length to the License Term, or any extension thereof ("Negotiation Period'). During the Negotiation Period, Petra and the City agree to evaluate the Project for potential implementation in the City in accordance with the timeline and milestones described in Exhibit B. During the Negotiation Period, City agrees that it will not engage in or permit any similar evaluation on, about, or with respect to the Property. Nothing in this Agreement shall limit, prevent restrict or inhibit the City from providing any information in its possession or control that would customarily be furnished to persons requesting information from the City concerning their respective goals, matters of a similar nature relating to development plans or as required by law to be disclosed, upon request or otherwise, or from using or maintaining the Property for any purpose that it deems necessary. 10. Obligations of Petra in Negotiation Period. During the Negotiation Period, Petra shall proceed diligently and in good faith to develop and present to City staff for review, a comprensive description and evalauation of the Project including without limitation: (a) Scope of Installation (b) Scope of Associated services (c) Proposed Location(s) (d) Schedule of Installation (e) Preliminary Installation of Demonstrations and/or Pilot Programs (i) Overview of Mainteance and Operations (g) Proposed Revenue Sharing Mechanisms (h) Finacing Plan for the Project (i) Financial Analysis Regarding the Costs and Benefits to the City 11. Negotiation of Implementation Agreement: No Assurances or Guaranty. During the Negotiation Period, the parties shall engage in negotiations for an agreement to implement the Project in the City of Santa Ana ("Implementation Agreement"). The parties shall generally cooperate with each other and supply such documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations. The parties shall exercise reasonable efforts to complete discussions relating to the terms and conditions of the Implementation Agreement and such other matters, as may be mutually acceptable to the parties, in their respective sole discretion. The exact terms and conditions of the Implementation Agreement if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either the City or Petra that a mutually acceptable Implementation Agreement will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to any defmitive agreement including an Implementation Agreement, in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty, or representation that any proposed agreement that may be negotiated by City staff and Petra will be approved by the governing body of the City. Petra acknowledges and agrees that the City's considerations of any future agreement is subject to the sole and absolute discretion of its City Council and all legally required public hearings, public meetings, notices, factual findings and other determinations required by law. 12. Termination or Expiration of Agreement. This Agreement may be earlier terminated or revoked by the City at any time, without cause. If not earlier terminated or revoked by the City, this Agreement shall automatically expire and be of no further force and effect at the end of the License Term, as defined in Section 1, unless prior to that time, the City and Petra approve and execute a separate Page 3 of 7 25D-6 Implementation Agreement acceptable to both parties, in their sole and respective discretion, in which case this Agreement will terminate on the effective date of such Implementation Agreement. 13. Restrictions Against Change in Ownership, Mangement, and Control. The qualifications and identity of Petra and its principals are of particular concern to the City. It is because of these qualifications and identity that the City has entered into this Agreement with Petra. No voluntary or involuntary successor -in -interest of Petra shall acquire any rights or powers under this Agreement. 14. Petra to Pay All Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Pertra for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or the Implementation Agreement that may be undertaken by Petra, pursuant to or in reliance upon this Agreement or in Petra's discretion, regarding any matter relating to the Property or the Project or the Implementaion Agreement, if any, shall be the sole responsibility of and undertaken at the sole cost and expense of Petra, and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City. Petra shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City and all applications and other documents and information to be submitted to the City and by Petra pursuant to this Agreement or otherwise associated with the Project and the Implementation Agreement, if any. The City shall not be obligated to pay or reimburse any expenses, fees, charges or costs incurred by Petra in pursuit of any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or Implementation Agreement, if any, that may be undertaken by Petra under this Agreement, whether or not this Agreement is, eventually, terminated or extended or a subsequent agreement is entered into among the parties, in the future. Petra shall be solely responsible for all costs associated with the Project, including without limitation all installation, equipment, operating and maintenance costs. 15. Acknowledgments and Resevations. (a) The parties agree that, if this Agreement expires or is terminated for any reason, or an Implementation Agreement is not approved and executed by the parties, for any reason, none of the parties shall be under any obligation, nor have any liability to each other or any other person whatsoever, except those obligations that may reasonably be construed to survive expiration or termination of this Agreement, including without limitation Sections 2,4,and 8. (b) Petra acknowledges and agrees that no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from Petra for the City, to convey any estate or interest in the Property to Petra or for the City to provide any financial or other assistance to Petra for development of the Property or execution of the Project. (c) Petra acknowledges and agrees that Petra has not acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from the City. (d) Certain development standards and design controls for the Project may be established among the parties, but it is understood and agreed among the parties that any implementation of the Project must conform to all City, and other applicable governmental development, land use and architectural regulations and standards. Drawings, plans and Page 4 of 7 25D-7 specifications for the Project shall be subject to the approval of the City through the standard development application process for acquiring the real estate and entitlements within the Project. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by the City. (e) The City reserves the right to reasonably obtain further information, data and commitments to ascertain the ability and capacity of Petra to purchase, develop and operate the Property and/or the Project. Petra acknowledges that it may be requested to make certain financial disclosures to the City, its staff, legal counsel or other consultants, as part of the financial due diligence investigations of the City and relating to the potential development of the Project on the Property by Petra and that any such disclosures may become public records. The City shall maintain the confidentiality of financial information of Petra to the extent allowed by law. Notwithstanding the foregoing, if the City receives a request for documents related to this Agreement pursuant to the California Public Records Act (Govt. Code Section 6254 et. seq) or similar statute, and the City determines that it has responsive documents, the City shall provide Petra not less than three (3) days prior to releasing the responsive documents to the requesting party. During this three (3) day period, Pertra may seek a court order prohibiting the release of the documents. Any litigation or costs associated with protecting documents from disclosure shall be borne solely by Petra. 16. Warranty Against Payment of Consideration for Agreement. Petra warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. For purposes of this Section 16 only, third parties shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accounts, engineers, architects, and other consultants, when such fees are considered necessary by Petra. 17. General Terms. 17.1 Entire Agreement. Waiver and Amendments. This Agreement incorporates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations and previous agreements between the parties with respect to the subject matter of this Agreement. No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Any amendment or modification to this Agreement must be in writing and executed by the appropriate authorities of the City and Petra. 17.2 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of the Agreement shall continue in full force and effect, unless and to the extent the rights and obligations of one or both parties has been materially altered or abridged by such holding. 17.3 No Assignment. Went. Petra shall not assign or transfer or otherwise convey any interest in this Agreement to any party without the express prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 17.4 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California. The state or federal courts located in Orange County, California shall be the venue for any action or proceeding that may arise out of or in connection with this Agreenent. Page 5 of 7 25D-8 17.5 No Third Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other than the parties to this Agreement. 17.6 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 17.7 Authority. The persons executing this Agreement on behalf of the parties hereto represent and warrant to the other party that they are duly authorized to execute and deliver this Agreement on behalf of such party, and by so executing this Agreement, said party is formally bound to the provisions of this Agreement. 17.8 Notices. Any notices, requests, or approvals given under this Agreement from one party to another shall be in writing and shall be personally delivered or deposited with the United States Postal Service for mailing, postage prepaid, by certified mail, return receipt requested, to the addresses of the other party as stated in this section, and shall be deemed to have been received at the time of personal delivery or three (3) days after the deposit for mailing. Notices shall be sent to: If to Petra: Petra Systems, Inc. One Craigwood Road, Suite 303 South Plainfield, NJ 07080 If 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 With Copy to City at the Same address: Executive Director of Public Works 17.9 Execution in Counterparts. This Agreement may be executed in several counterparts, and all so executed shall constitute one agreement binding on both of the parties hereto, notwithstanding that both parties are not signatories to the original or the same counterpart. Pace 6 of 7 25D-9 IN WITNESS WHEREOF, City and Petra have entered into this Agreement as of the day and year first written above. CITY OF SANTA ANA PETRA SYST k MSS, INC. By: V"' Kristine Ridge `� City Manager Name: V) AQC e L-t7 F716UC Title: Ey P. CC) ATTEST Daisy Gomez Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney hn M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL Fuad S. Sweiss, PE, PLS Executive Director Public Works Agency Page 7 of 7 25D-10 Downtown Santa Ana, CA Pilot Project Service Area - Exhibit A 25D-11 Exhibit B Pilot Project - Deployment Plan Revised October 11, 2019 Pilot Project Location: Downtown Santa Ana, CA [Insert appropriate disclaimer(s)] 25D-12 v� PETRA SYSTEMS Table of Contents 1. PURPOSE...................................................................................................................3 2. PILOT PROJECT DEFINITION........................................................................................ 3 3. PILOT PROJECT USE CASES........................................................................................ 5 4. CONFIGURATION OPTIONS FOR CITY OF SANTA ANA...................................................... 9 5. ROLES AND RESPONSIBILITIES................................................................................... 10 6. EQUIPMENT LIST...................................................................................................... 11 7. PILOT PROJECT SUCCESS DEFINITION........................................................................ 12 8. PILOT PROJECT PLAN............................................................................................... 14 9. PARTNER SUPPORT.................................................................................................. 14 10. POINTS OF CONTACT............................................................................................. 15 11. GLOSSARY AND DEFINITIONS................................................................................. 15 Pilot Project Deployment Plan Petra Systems2 Pr^^rj _fSd Confidential v� PETRA SYSTEMS 1. Purpose This document describes the features and functionality of a WE Access Point System that will be deployed at Downtown Santa Ana, CA as part of the Pilot Project. It further delineates a plan for this Pilot Project from deployment through acceptance. The successful execution of the Pilot Project is a necessary pre -requisite for a potential City wide deployment; which will encompass the following functionality: Carrier Data Offload (SIM devices) Petra Wi-Fi RAN as a managed 3GPP untrusted access network SIM-based authentication (EAP-SIM, EAP-AKA or EAP-AKA') for SIM devices Billing synchronization with service provider Service authorization with carrier policy infrastructure Carrier Data Offload (non-SIM devices) Petra Wi-Fi RAN as a managed 3GPP untrusted access network Username-password based device authentication Non-SIM devices billed to corresponding SIM device Billing synchronization with service provider 2. Pilot Project Definition 2.1. Data Services 2.1.1. Hotspot connectivity The Pilot Project will provide the City of Santa Ana with the infrastructure to provide internet services to its residents and visitors within the downtown area with a simple deployment architecture requiring no integration with its packet core. Internet connectivity is available to authenticated subscribers within the coverage area of Petra's Wi-Fi RAN. Within the Pilot Project, a subscriber can be authenticated using one of the two following methods: Username-password based authentication Device authentication with mobile phone number verified using SMS delivered password Subscriber or device authentication is required the first time a user accesses internet through Petra's Wi-Fi RAN. Subsequently, a subscriber will be seamlessly authenticated for a configurable period for seamless internet access through the RAN. For a secure internet experience, a DPSK based secure SSID is available for users whose mobile phone numbers have been verified using SMS. Up to 300 users will be provided the service during the Pilot Project. 2.1.2. Subscriber usage related analytics Analytics and KPIs for subscriber and network usage through Petra's Wi-Fi RAN will be available through its analytics framework. City of Santa Ana will be provided Pilot Project Deployment Plan Petra Systems2 Prnnri _ iy and Confidential v� PETRA SYSTEMS access to this platform through which they can monitor the current and historical usage of the network. 2.2. Energy Management Services 2.2.1. Smart Lighting Solution In order to demonstrate Energy Management Service capabilities of the Smart Lighting Solution (SLS) Petra'sLED Luminaires that will be equipped with Petra Smart Light Controller (SLC). The total number of SLC required within the Pilot Project will be determined by the design. Each SLC will be equipped with W-Fi connectivity and will be part of a secure network that will be segmented from the PSSN network. 2.2.2. Petra Systems IntelliView IntelliView 3.0 (IV 3.0) is an IOT asset management platform. Petra will provide customer with access to IV 3.0 through which it will be able to manage the network of the SLSs. The customer will be able to view current and historical information regarding the state and performance of each SLS. In addition the customer will be able to control status and various parameters remotely using schedule or manually. 2.3. Pilot Project Service Area Pilot Project Service Area (represented in yellow) designates area where customer use cases specified in Section 3 apply. Figure 1 — Downtown Santa Ana, CA Pilot Project Service Area Pilot Project Deployment Plan Petra Systems2 Pr^^rj-tafgd Confidential v� PETRA SYSTEMS 3. Pilot Project Use Cases 3.1. Data Services 3.1.1. Captive Portal based Onboarding 3.1.1.1. Username-password based Each subscriber is pre -assigned a username-password. Subscribers will be directed to Petra's captive portal the first time they access the internet through Petra's RAN. They will be able to seamlessly access internet through that device for a configurable period after they successfully authenticate with the captive portal. 3.1.1.2. Mobile phone number verified using SMS delivered verification code With this method, subscribers will be directed to Petra's web -portal the first time they access the internet through Petra's RAN and requested to provide their mobile phone number in international or 10-digit local number format. An SMS with a verification code will be sent to this phone number. The user enters this verification code to authenticate its phone number with the network. The user will be able to seamlessly access internet through this device for a configurable period after the network has successfully verified the verification code. 3.1.2. Secure SSID for SMS authenticated users For a secure internet experience, a DPSK based secure SSID is available for users whose mobile phone numbers have been verified using SMS. The login process into the secure SSID is the same as a normal WPA2 login. Once the user selects to use the Secure SSID on his device, the device OS prompts the user to enter their passcode. This passcode is the same as the verification code sent to the user at signup during SMS verification. User can enjoy a secure internet experience once he enters this secure SSID passcode. The key will then be bound to the device MAC address and all traffic over the wireless link will be encrypted. 3.1.3. Subscriber connection 3.1.3.1. Ability to connect to all AP's Customer is expected to be able to access any Access Point using any of the onboarding methods. Customer experience in terms of onboarding and performance should be comparable using any Access Point provided customer is located within agreed upon Pilot Project service area. 3.1.4. Subscriber access to the Internet 3.1.4.1. DL/UL Speed Each customer will be provisioned for DL/UL speeds of 15/2.5 Mbps. Using Speedtest.net app each customer should be able to reach 80% of their Pilot Project Deployment Plan Petra Systems2 Pr^^rj _fgd Confidential v� PETRA SYSTEMS provisioned speed. For most objective results the test should be done using ISP Syringa Network in Salt Lake City. 3.1.4.2. Latency Using Speedtest.net app each customer should not experience latency greater than 90 ms. Latency for actual live deployment would be much lower due to presence of local WAG and the resulting ability to offload traffic to the intemet at the customer network rather than at the Petra data center. 3.1.5. Usage tests 3.1.5.1. Browsing Customer is able to browse to any publicly accessible URL. 3.1.5.2. File transfer Customer can transfer file to/from agreed upon location using agreed upon service (e.g. FTP) 3.1.5.3. VPN Customer is able to connect to private network using SSL encrypted VPN using the Pilot Project network. 3.1.5.4. Streaming Customer is able to stream video from Youtube.com in 1080p (HD) resolution. 3.1.6. Roaming (AP to AP mobility) Customer is able to perform uses case 3.1.5.4 throughout the Pilot Project service area. 3.1.7. Load test 3.1.7.1. Throughput Up to 7 users can reach 80% of the maximum provisioned speed concurrently on each Access Point 3.1.8. Analytics—Analytics Platform 3.1.8.1. Access to reporting portal Number of customer users specified in section 4 will be provisioned and can log into the Analytics Platform at the following URL: htti)s://wi.arriswifi.com/wifidashboard/i)etra/login#/home Pilot Project Deployment Plan Petra Systems �qAg ttq fTd Confidential v� PETRA SYSTEMS 3.1.8.2. Visibility for all APs Once logged into the Analytics Platform the customer will be able to view the following: • Map with Pilot Project location and summary information for the entire Pilot Project zone. • Map with location of each Pilot Project AP • KPIs from the following categories for each SSID within selectable time period o Network usage o Subscribers 3.1.8.3. KPIs — Network Usage Customer can view and export (PDF/CSV) network DL/UL (Tx/Rx) usage by: • Time • AP • SSID 3.1.8.4. KPIs — Subscribers Customer can view and export (PDF/CSV) subscriber information by: • Time • AP • SSID 3.1.8.5. KPIs — Executive Report Customer can generate and export (PDF/CSV) executive report by: • Time • AP • SSID 3.2. Energy Management System — IntelliView 3.0 3.2.1. IV 3.0 Access Number of users specified in section 4 will be provisioned and can log into IntelliView 3.0 using the following URL hftp://iv3.demo.iv3i)etrasystems.com/# 3.2.2. Dashboard with Map Customer can view all Pilot Project SLSs on a map. When customer clicks on any SLS icon basic information about that SLS is displayed Pilot Project Deployment Plan Petra Systems2 Pr^^rj-tafg7d Confidential v� PETRA SYSTEMS 3.2.3. Current device status reports Customer can view SLS status information including: • Alert status • Bulb status • Dim Level • Power Draw • Last communication date/time 3.2.4. Historical device reports Customer can view energy consumption data for each SLS within specified period of time. 3.2.5. Device control 3.2.5.1. Using Schedule Customer can create a schedule to control on/off/dimming functions of the SLC 3.2.5.2. Manual Override Customer can override schedule and turn SLS on/off or change dimming level manually Pilot Project Deployment Plan Petra Systems2 Prnnri _ iyg7d Confidential v� PETRA SYSTEMS 4. Configuration options for City of Santa Ana Configuration Options Selected Option Notes Throughput profiles DL/UL [Mbps] 15/2.5 Please select one option Authentication Options: 1. Username-password 2. Mobile phone number verified using SMS delivered verification code 3. Both Username-password and Mobile phone number verified using SMS delivered verification code Pre -provisioned users vs Open to all users vs combination Re -authentication period: 1 day to 90 90 days days Number of Analytics platform logins 4 required (up to 5 Number of IntelliView 3.0 logins 2 required Schedule for on -off and dimming [hour : day of the week : desired state Pilot Project Deployment Plan Petra Systems P62ZW ttaLy and Confidential �szs 8 PETRA SYSTEMS 5. Roles and Responsibilities Petra, Mobile Carrier TBD and Santa Ana perform responsibilities defined in the table below: Tasks ana ement Set up weekly meetings with customer Petra Systems X City of Santa Ana Manage and communicate schedule changes X Manage resources and obtain commitment to schedule X X Track and report on any customer or network issues during weekly meetings X Manufacture and Procure all Pilot Project HW/SW X Ship HW X Receive HW X Inventory HW X Installation/Commissioning Provide support to captive portal graphics X Implement captive portal design based on customer input X Install all SLCs X Troubleshoot and resolve any HW issues X Commission all back ends stems X Ensure sufficient backhaul capacity for all connections X User provisionj2g Provide list of users with email addresses and MSISDNs for Hot Spot access X Provide list of users with email addresses for IntelliView 3.0 access X Provision all users for Hot Spot access X Provision all users for IntelliView 3.0 access X Testing Execute functionality test plan prior to Pilot Project start X Execute coverage walk test throughout the Pilot Project area X Communicate any cove ra e/interference issues X Pilot Project launch Demonstrate all use cases to the customer prior to the start of the Pilot Project X Project operation Resolve connectivity/WAN issues X Monitor Pilot Project network X Report any Pilot Project network issues X Report any customer facing Pilot Project issues X Tier 1 Support Calls X Tier 2/3 troubleshooting and resolving network issues X Tier 2/3 Troubleshoot and resolve any customer facing issues X Pilot Project Deployment Plan Page 10 of 15 Petra Systems Pr^^ri-tylnd Confidential v� PETRA SYSTEMS 6. Equipment List Quantity Description Category Status 6 Ruckus T300 Access Point HW New TBD Leotek Luminaire HW New 3 Media Converter HW New TBD Smart Light Controller HW New 4 Anal tics Platform user seats Cloud service New 2 IntelliView 3.0 user seats Cloud service New Pilot Project Deployment Plan Petra Systems Pr^^ri-fof Confidential v� PETRA SYSTEMS 7. Pilot Project Success Definition Use Use case Success Definition Pass/Fail Case Number 3.1.1.1 User/Device Authentication methods — User is able to onboard User Name/Password successfully 3.1.1.2 User/Device Authentication methods — User is able to onboard User Name/Password successful) 3.1.2 Secure SSID functional for SMS User is able to connect to the authenticated users secure SSID successfully 3.1.3.1 Subscriber connection — Ability to Device is in connected state in connect to all APs close proximity of each AP and Analytics Platform report shows traffic on each AP. 3.1.4.1 Subscriber access to the Internet— Report using speedtest.net app DL/UL Speed shows at least 80% of provisioned customer speed (15/2.5 Mbps) 3.1.4.2 Subscriber access to the Internet— Report using speedtest.net app latency shows latency of no more than 90 ms at least using Syringa ISP Salt Lake City, UT 3.1.5.1 Usage test - Browsing Customer can browse to any publicly accessible URL 3.1.5.2 Usage test— File transfer Customer can transfer 100 MB file to/from ftp://speedtest.tele2.net/ using 3.1.5.3 Usage test - VPN Customer can connect to its corporate private network using SSL based VPN client and access data. 3.1.5.4 Usage test— Video Streaming Customer can browse to Youtube.com and stream video with 1080p resolution 3.1.6 Roaming (AP to AP mobility) Customer can perform test 3.1.5.4 while walking within the Pilot Project service area 3.1.7.1 Load test —throughput Up to 7 users can reach 80% of the maximum provisioned speed concurrently on each AP 3.1.8.1 Access to the Analytics platform All provisioned users can log into anal tics platform URL 3.1.8.2 Visibility for all APs All APs (identified by their MAC address - list will be provided to customer) are showing data after test 3.1.6 3.1.8.3 KPIs — Network Usage Customer can view and export (PDF/CSV) network DL/UL Tx/Rx usage Pilot Project Deployment Plan Petra Systems �gpri ttaLyand Confidential v� PETRA SYSTEMS 3.1.8.4 KPIs — Subscribers Customer can view and export (PDF/CSV) subscriber information 3.1.8.5 KPIs — Executive Report Customer can generate and export (PDF/CSV) executive report 3.2.1.1 IV 3.0 Access All provisioned users can successfully log into IV 3.0 energy management portal 3.2.1.2 Energy Management — Dashboard with Upon log in the map displays all map SLSs in their correct location. 3.2.1.3 Energy Management — Current device Customer can create report that status reports shows current state for all SLSs 3.2.1.4 Energy Management — Historical Customer can create report that device reports shows historical data for power consumption of each SLS 3.2.1.5.1 Energy Management — Device Control SLS light behavior matches the — Using Schedule defined schedule in terms of on/off/dimming state 3.2.1.5.2 Energy Management — Device Control SLS is in state specified by — Manual Override manual override (on/off/dimming level) Pilot Project Deployment Plan Petra Systems �glAg tt v and Confidential v� PETRA SYSTEMS 8. Pilot Project Plan 8.1. Pilot Project phase duration Proposed Pilot Project phase duration — 12 months 8.2. Pilot Project start definition Pilot Project will start once Petra formally hands the Pilot Project network over to the customer. The handover will be performed in person with each customer (City of Santa Ana and Santa Ana). During the meeting Petra will demonstrate the use case functionality defined in section 3. 8.3. Weekly meetings Petra and Customer will hold weekly meetings throughout the length of the Pilot Project. The exact date and time will be agreed upon at the start of the Pilot Project phase. The purpose of the weekly meeting is to address any questions or issues that might arise. 8.4. Issue communication and tracking Any issues observed by the customer should be communicated within 24 hours by sending email to the following address demo(&i)etrasystems.com. Each issue should reference use case number in section 4. All issues will be tracked and discussed during weekly meetings. 9. Partner Support 9.1. If customer chooses to use "username-password" authentication method, then the email addresses of the participants using this method 9.2. If customer chooses to use "Mobile phone numberverified using SMS delivered verification code" authentication method, Mobile phone numbers (MSISDN) of Pilot Project participants if Pilot Project participants are to pre -provisioned 9.3. Public IP addresses for W-Fi access points 9.4. Connection to WAN with internet access 9.5. Access to the same LAN as the APs are on for Meshed network configuration Pilot Project Deployment Plan Petra Systems2 515' -tI3(rd Confidential v� PETRA SYSTEMS 10. Points of contact Company Role Name Email Contact Number City of Santa Ana Network Operations Manager Griff Griffin griffCDwcc.net +1-325-656- 7050 Santa Ana Project Lead Tyrone Chesanek TChesanekCDsanta-ana.org +1-714-615- 0887 Petra Systems Vice President Michael Levi Michael.leviCDpetrasystems.com +1-650-996- 1 1784 1 Petra Systems Product management Satish Ag satish.agrawalCDpetrasystems.com +1-408-888- 1 5167 11. Glossary and Definitions AP — Access Point Pilot Project Service Area — Area within which customer should be able to perform all use cases described in this Pilot Project DPSK — Dynamic Pre -Shared Key IV 3.0 — Petra Systems Energy Management Platform IntelliView 3.0 PSSN — Petra Small Cell Streetlight Network SLC — Smart Light Controller SLS — Smart Light System — SLC + LED Luminaire SSID - Service Set Identifier (network name) Pilot Project Deployment Plan Petra Systems PgoAg ttaLvand Confidential REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: ADOPT A RESOLUTION DECLARING OCTOBER 27, 2019 CITY OF SANTA ANA DAY IN CELEBRATION OF THE CITY'S 150TM ANNIVERSARY {STRATEGIC PLAN NO.15} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution declaring October 27, 2019 City of Santa Ana Day in celebration of the City's 150th Anniversary. DISCUSSION The earliest known origins of what is now the City of Santa Ana revolve around the tribal Tongva and Juaneno/Luiseno people who were indigenous to the area. Listed as a township of Los Angeles County in the 1860 census, Santa Ana's population totaled only 756 people. In 1869, William H. Spurgeon claimed the Santa Ana land, obtained from the descendants of Jose Antonio Yorba. Today, the City has flourished and the population has grown to over 338,000 people, one of the most populous Cities in the County. On November 11, 1952, the citizens of the City adopted a City Charter. Recognized as a center for commercial, financial, and manufacturing businesses, Santa Ana has become a major hub for economic activity in Southern California. The county seat of Orange County, Santa Ana lends its name to a freeway, nearby mountains, and the infamous winds of Southern California. Marking a century and a half of remarkable history, Santa Ana will be celebrating its sesquicentennial on October 27, 2019. Santa Ana boasts extraordinary human behavior, unique and essential diversity, civic and social activism, heroic individual and community accomplishment, selfless sacrifice, progressive idealism, steadfast governance, and an active and caring populace. The City of Santa Ana encourages all businesses, organizations, and public institutions to recognize the significance of this day and to celebrate the 150th Anniversary. Santa Ana's vitality and diversity will facilitate a bright and successful future for its residents and businesses. 55A-1 Adopt Resolution Declaring October 27, 2019 City of Santa Ana Day October 15, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACT There are no environmental impacts associated with this action. FISCAL IMPACT There is no fiscal impact at this time. Exhibit: 1. Resolution 55A-2 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING OCTOBER 27, 2019, CITY OF SANTA ANA DAY IN CELEBRATION OF THE CITY'S 150TH ANNIVERSARY WHEREAS, the City of is now celebrating its glorious 150th Anniversary, marking a century and a half of remarkable history, extraordinary human endeavor, unique and essential diversity, civic and social activism, heroic individual and community accomplishment, selfless sacrifice, progressive idealism, steadfast governance, an active and caring populace; and WHEREAS, the earliest known origins of what is now the City of Santa Ana revolve the tribal Tongva and Juaneno/Luiseno people who were indigenous to the area; and WHEREAS, Santa Ana's history is tied to the Spanish land grants and rancho families; and WHEREAS, Santa Ana was listed as a township of Los Angeles County in the 1860 census, with an area encompassing most of what is now northern and central Orange County, with a population of 756; and WHEREAS, in 1869 William H. Spurgeon claimed the Santa Ana land which was obtained from the descendants of Jose Antonio Yorba; and WHEREAS, Santa Ana was incorporated as a city in 1886 with a population of 2000 and, in 1889, became the seat of the newly formed Orange County; and WHEREAS, in 1887, the California Central Railway, which became a subsidiary of the Atchison, Topeka and Santa Fe Railway the following year, broke the Southern Pacific's local monopoly on rail travel and offered service between Los Angeles and San Diego by way of Santa Ana as a major intermediate station; and WHEREAS, by 1905, the Los Angeles Interurban Railway, a predecessor to the Pacific Electric Railway, extended from Los Angeles to Santa Ana, running along Fourth Street in downtown Santa Ana, and WHEREAS, Firestone Boulevard, the first direct automobile route between Los Angeles and Santa Ana, opened in 1935 and was later enlarged into the Santa Ana 5 Freeway in 1953; and #11992v2 Resolution No. 2019-XXX Page 1 of 3 55A-3 WHEREAS, on November 11, 1952 the citizens of the City adopted a City Charter; and WHEREAS, recognized as a center for commercial, financial, and manufacturing businesses that produce numerous electronic parts, sporting goods, and aerospace equipment, Santa Ana has become a major hub for much of the economic activity in Southern California; and WHEREAS, Santa Ana offers numerous attractions, including the Artists Village, California State University - Fullerton, Grand Central Art Center, the Santa Ana Zoo, the Discovery Science Center, as well as a complex of artist residences, classrooms, and studios; and WHEREAS, today Santa Ana also has some of the finest artwork in the country, including galleries located at the Bowers Museum of Cultural Art, the Discovery Museum of Orange County, and the Orange County Center for Contemporary Art; and WHEREAS, Santa Ana is home to the state and federal buildings and courts; and WHEREAS, the OC Streetcar, a first for Orange County, will soon find its home here in Santa Ana; and WHEREAS, Santa Ana is a wonderful City of vitality and diversity with a bright future for its residents and businesses and is deserving of a day to celebrate its 150 years; 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 declares October 27, 2019 as the official City of Santa Ana Day and encourages all businesses, organizations and public institutions to recognize the significance of this day and to celebrate on this day with the City of Santa Ana. Section 2. This resolution shall take effect upon adoption and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of #11992v2 KOMI Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 2 of 3 55A-4 APPROVED AS TO FORM: By: AI!4� K "/v Sonia R. Carvalho City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-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 #11992v2 Resolution No. 2019-XXX Page 3 of 3 55A-5 y REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: ADOPT A RESOLUTION TO NEGOTIATE A COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE TO TRANSFER PROJECT AND GRANT CONTRACT OBLIGATIONS FROM PROPOSITION 68 THE STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM UPON SUCCESSFUL COMPLETION OF THE FRIENDSHIP PARK AND SUSTAINABLE TRAIL PROJECT {STRATEGIC PLAN NO. 6, 11 /s/ Kristine CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For �K•�►nl►tr».3rc•� I�Ir�►lrl�l:3q:7 Adopt the resolution to negotiate a cooperative agreement with the County of Orange to transfer the project and grant contract obligations from the Proposition 68 Statewide Park Development and Community Revitalization Program upon successful completion of the Friendship Park and Sustainable Trial project. DISCUSSION The County of Orange is applying to the State of California for grant funding. The Proposition 68 grant funds provide for the health, inspiration, and education of the people of California by helping to preserve the State's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high -quality outdoor recreation. The County of Orange will use the grant funds to help cover park improvement costs needed for the Friendship Park and Sustainable Trail Project ("Project"). The Project will renovate the existing Friendship Park at the cul-de-sac of W. Myrtle Street (west end) with new recreational features and create a trail with landscape and irrigation from W. Monta Vista Avenue to First Street, mainly adjacent to the west side of the Santa Ana Gardens Channel and install security lighting along the trail and Friendship Park. In addition, the Project will install an iron fence trellis, gates, and swing gates for the entrance to the trail. 55B-1 Adopt the Resolution to Negotiate a Cooperative Agreement with the County of Orange for the Friendship Park and Sustainable Trails Project October 15, 2019 Page 2 Since the project will involve a City of Santa Ana park and County property (trail), the County has requested to enter into a cooperative agreement with the City of Santa Ana for this project. In addition, the City will assume the grant contract obligations, including sufficient funding to operate and maintain the project. The resolution (Exhibit 1) is the County's statement to the granting agency of their intent to enter into such an agreement with the City. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets). FISCAL IMPACT There is no direct fiscal impact with this action, but if the County of Orange is awarded the grant, upon successful completion of the project, the City will incur additional costs to maintain the trail. The City already maintains Friendship Park. Lisa Rudloff Executive Director Parks, Recreation and Community Services Agency Exhibits: 1. County of Orange Resolution 2. Application Summary 55B-2 RESOLUTION NO. 2019 —XXX RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS FOR THE FRIENDSHIP PARK AND SUSTAINABLE TRAIL PROJECT AND AUTHORIZING THE CITY OF SANTA ANA TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF ORANGE TO OPERATE AND MAINTAIN THE PROJECT ONCE COMPLETED WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant(s) to certify by Resolution the approval of the application before submission of said application to the State; and WHEREAS, the County of Orange ("County") is applying for a Prop 68 Statewide Parks Grant from the State Department of Parks and Recreation for the Friendship Park and Sustainable Trail Project ("Project"); and WHEREAS, the County has represented that it will have available prior to commencement of any work on the Project, sufficient funds to complete the project; and WHEREAS, the City will enter into a Cooperative Agreement with the County to accept ownership, operate and maintain the Project once the Project is completed. 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. That it certifies that the City of Santa Ana will accept the Project and contract obligations including the requirement to have sufficient funds to operate and maintain the Project upon the successful completion of the Project and the State's approval of the transfer should the grant be awarded; B. That the City of Santa Ana is authorized to enter into a Cooperative Agreement with the County regarding ownership, operation and maintenance of the Friendship Park and Sustainable Trail Project, once the Project is complete. #9099v3 Resolution No. 2019-XXX 55B-3 Page 1 of C. That the City of Santa Ana will take ownership of, operate and maintain the Friendship Park and Sustainable Trail Project, once the Project is completed; D. That the Santa Ana City Council certifies that if the Grant is awarded, the City has or will have available prior to the commencement of any work on the Project sufficient funds to operate and maintain the Project. E. That the City of Santa Ana certifies that it has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide: and F. That the Santa Ana City Council delegates to the City Manager or the Executive Director of the Parks, Recreation and Community Services Agency, or his/her designee, the authority to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the Grant Scope; and G. That the City of Santa Ana will comply with all applicable federal, state and local laws, ordinances, rules, regulation and guidelines. H. That the City of Santa Ana will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G). Section 2. 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 15th day of October, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: A- 6,y� Laura A. Rossini Senior Assistant City Attorney #9099v3 Resolution No. 2019-XXX 55 B-4 Page 2 of 3 *AV NI:3III iI AYES: NOES: ABSTAIN: Councilmembers Councilmembers Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby certify the attached Resolution No. 2019- XXX to be the original Resolution adopted by the City Council of the City of Santa Ana on October 15, 2019. Date: Clerk of the Council City of Santa Ana #9099v3 Resolution No. 2019-XXX 55 B-5 Page 3 of 3 G CEO-Legislative Affairs Office Grant Authorization eForm EXHIBIT 2 ❑ GRANT APPLICATION / ❑ GRANT AWARD Today's Date: August 27, 2019 Requesting Agency/Department: OC Public Works Statewide Park Development and Community Revitalization Grant Name and Project Title: Program (Proposition 68); Friendship Park and Sustainable Trail Project Sponsoring Organization/Grant Source: State of California (If the grant source is not a government entity, please provide California Department of Parks and Recreation a brief description of the organization/foundation) Application Amount Requested: $800,000 Application Due Date: August 5, 2019 Board Date when Board Approved N/A this Application: Awarded Funding Amount: N/A Notification Date of Funding Award: N/A Is this an Authorized Retroactive Grant Application/Award? (If yes, attach memo to CEO) Yes Recurrence of Grant New ❑ Recurrent ❑ Other ❑ Explain: If this is a recurring grant, please list the funding amount applied for and N/A awarded in the past: Does this grant require CEQA Yes ❑ No ❑ findings? What Type of Grant is this? competitive ❑ Other Type ❑ Explain: County Match? Yes ❑ Amount _or_ % No ❑ How will the County Match be There is no match required for this grant. Fulfilled? (Please include the specific budget) Will the grant/program create new No part or full-time positions? Purpose Of Grant Funds: P Provide a summary and brief background of why Board of Supervisors why should acceptthisgrant applicationlaward, and how the grant will be implemented. Proposition 68 grant funds provide for the health, inspiration, and education of the people of California by helping to preserve the State's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high -quality outdoor recreation. OC Public Works will use the grant funds to help cover park improvement costs needed for the Friendship Park and Sustainable Trail Project ("Project") which is a component of the Santa Ana Gardens Bikeway Extension Project (SAG). The park is located entirely within the City of Santa Ana, along the proposed alignment of the bikeway. The Project will renovate the existing Friendship Park at the cul-de-sac of W. Myrtle Street (west end) with new recreational features and create a trail with landscape and irrigation from W. Monta Vista Avenue to First Street, mainly adjacent to the west side of the Santa Ana Gardens Channel (F02) and install security lighting along the trail and Friendship Park. In addition, the Project will install an iron fence trellis, gates, and swing gates for the entrance to the trail. The current total SAG construction cost estimate is $2,310,000. The Class I Bikeway portion of the SAG Project was awarded a federal grant of $1,308,572 from the Bicycle Corridor Improvement Program (BCIP). BCIP grant funds were matched with $201,428 of County funds. However, these funds cannot be used for park renovation and landscaping components. Therefore, OC Public Works requests $800,000 Grant Authorization a -Form 5 rJ P-6 CEO -Legislative Affairs Office Grant Authorization eForm EXHIBIT 2 in Proposition 68 grant funds to be used for park renovation and trail improvements including landscaping, security lighting, and iron fence trellis. Board Resolution Required? Yes ❑ No ❑ (Please attach document to eForm) Deputy County Counsel Name: Matthew Sprissler Please listthe Depuv CountV Counsel Mat approved he Resolution Recommended Action/Special Instructions (Please specify below) 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and 2. Transfers the PROJECT and CONTRACT obligations to the CITY OF SANTA ANA upon successful completion of the PROJECT, should the GRANT be awarded; and 3. Acknowledges that it will comply with the CONTRACT provisions until the State approves the transfer of the CONTRACT obligations to the CITY OF SANTA ANA including having sufficient funds to operate and maintain project; and 4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 5. Delegates the authority to the DIRECTOR OF OC PUBLIC WORKS or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and 6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. 7. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G). Department Contact : List the name and contact information (telephone, email) of the staff person to be contacted for further information Sam Ali, 714-245-4585, sam.ali(cocpw.ocgov.com Eileen DePuy, 714-955-0255, eileen.depuy(cDocpw.ocgov.com Name of the individual attending the List the name of the individual who will be attending the Board Meeting for this Grant Item Board Meeting: Shane L. Silsby, Director, OC Public Works Khalid Bazmi, Assistant Public Works Director/County Engineer, OC Public Works Nardy Khan, Deputy Director, OC Infrastructure Programs, OC Public Works Grant Authorization e-Form 55 r - / 55B-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: ADOPT A RESOLUTION AUTHORIZING GRANT APPLICATION SUBMISSION IN AN AMOUNT UP TO $750,000 FOR THE WATERSMART DROUGHT RESPONSE PROGRAM FOR THE WASHINGTON WELL PROJECT (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2111 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a Resolution authorizing the City Manager to submit a grant application for Department of the Interior, Bureau of Reclamation's WaterSMART Drought Response Program, for the Washington Avenue Well Project, in an amount of up to $750,000. DISCUSSION The majority of the City's potable water comes from an underground basin and is pumped through 21 existing wells. Given the limited water supplies in the region and recent recurring droughts, constructing a new well in the City would improve overall water system reliability and reduce the burden on other water production facilities. A new well would also address low pressure zones in the water system identified in the City's 2017 Water Master Plan. The City is currently in the design stages of the Washington Avenue Well Project, which will be located on the northwest corner of the intersection of Washington Avenue and Penn Way. The estimated design and construction cost for this project is approximately $6,090,000. The Department of the Interior offers grants through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Drought Response Program Drought Resiliency Projects to stretch and secure water supplies. The Federal Fiscal Year 2020 (October 1, 2019, to September 30, 2020) includes an estimated $2.9 million funding opportunity to award to agencies for this purpose. The program provides a maximum of $750,000 in grant funding for multi -phased projects, but not more than 50 percent of the total project cost. If the grant application is successful, the grant funding would offset a significant portion of the groundwater well construction costs. 55C-1 Adopt Resolution and Authorize Grant Application Submission for the WaterSMART Drought Response Program for the Washington Well Project October 15, 2019 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 G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. Fuad Sweiss, PE, PLS Executive Director Public Works Agency FS/NS/RR Exhibit: 1. Resolution 55C-2 EXHIBIT 1 jmf 10/9/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION'S WATERSMART DROUGHT RESPONSE PROGRAM FOR THE WASHINGTON AVENUE WELL 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 City's potable water comes from an underground basin and is pumped through 21 existing wells. B. The region's water supply is limited due to recent recurring droughts. C. The Washington Avenue Well Project would reduce the burden on other water production facilities. D. The estimated design and construction cost for this project is approximately $6, 090, 000. E. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Drought Response Program for this type of project. The program provides up to a maximum of $750,000 in grant funding for multi - phased projects, but not to exceed 50 percent of the total project cost. F. The City desires to fund part of the cost of the Washington Avenue Well Project with grant funding from the WaterSMART Drought Response Program. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager, or his or her designee, to sign and submit, for and on behalf of the City of Santa Ana, a grant application from the Bureau of Reclamation's WaterSMART Drought Response Program for the Washington Avenue Well Project up to the amount of $750,000. Section 3. The City Manager, or his or her designee, is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto. 55C-3 Section 4. The City Manager, or his or her designee, is designated to represent the City of Santa Ana in carrying out the City's responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 5. If a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing up to $5,340,000 in matching funds for the Washington Avenue Well Project plus any remaining balance. Section 6. 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 12019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ! ,. -f,-L John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 2 of 3 55C-4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2019. Date: Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 3 of 3 55C-5 55C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: ADOPT RESOLUTIONS AND AUTHORIZE GRANT APPLICATION SUBMISSIONS IN AN AMOUNT UP TO $1,500,000 FOR ADVANCED METER INFRASTRUCTURE AND IN AN AMOUNT UP TO $300,000 FOR HYDROPOWER GENERATION FROM THE DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1G} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a Resolution authorizing the City Manager to submit a grant application to the Department of the Interior, Bureau of Reclamation's WaterSMART Water and Energy Efficiency Grants Program for the Advanced Meter Infrastructure Project in an amount of up to $1,500,000. 2. Adopt a Resolution authorizing the City Manager to submit a grant application the Department of the Interior, Bureau of Reclamation's WaterSMART Water and Energy Efficiency Grants Program for a Hydropower Generation Project in an amount of up to $300,000. DISCUSSION The Department of the Interior offers grants through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Water and Energy Efficiency Grant (WEEG) Program to stretch and secure water supplies. The Federal Fiscal Year 2020 (October 1, 2019, to September 30, 2020) includes an estimated $24 million for agencies via 50/50 cost -share funding at two levels: one for up to a maximum of $1.5 million and the other for $300,000. The City is in the planning and design stages of an Advanced Meter Infrastructure (AMI) Project. The proposed AMI Project involves, among other things, the transition of approximately 45,000 existing manual -read meters to new smart meters that communicate via radio or similar technology and enable the City to implement technological enhancements such as automated meter reads, leak detection and usage notifications, and interactive customer portals. By upgrading to an AMI system, customers can be supplied with on -demand, real-time water consumption data, enabling them to make more informed decisions about their water use. Case studies have shown that 55D-1 Resolution Authorizing Grant Applications - AMI & Hydropower Generation From Department of the Interior, Bureau of Reclamation WaterSMART October 15, 2019 Page 2 communities that upgrade to AMI systems can achieve water consumption savings of up to 15 percent. In 2016, the City completed an AMI feasibility study to evaluate the applicability and costs associated with an AMI project. The feasibility study estimated the cost of fully deploying this project at approximately $14,400,000. To date, the City has secured partial financing from two grants for the AMI project for a total of $4,300,000. The first is a $4,000,000 grant from the State's General Fund Specified Grant Projects account and the second is a $300,000 Bureau of Reclamation WaterSMART grant. The AMI project meets the requirements of the Fiscal Year 2020 WaterSMART WEEG Program for an award of up to $1.5 million. If a WEEG Program grant application is successful, the funding would offset a significant portion of the remaining cost of the project. Additionally, the City of Santa Ana water system has seven connection points with the Metropolitan Water District: sites SA-1 through SA-7. In February 2019, the City completed a Water Systems Alternative Energy Feasibility Study. The study determined that three of the seven connections have adequate water flow to generate electricity via turbines. This process is called hydropower generation, and the estimated cost of implementing that at all three sites is $2,600,000. Of the three sites, site SA-1 has a hydro turbine generator, but it has reached the end of its useful life. The estimated cost of replacing the hydropower generation unit at the SA-1 location is approximately $640,000. The proposed Hydropower Generation Project would upgrade the existing hydro turbine generator to a more efficient device and would serve as a model for installations at other locations. This project meets the requirements of the $300,000 WaterSMART WEEG Program funding group. The two resolutions referenced in this Council Action (Exhibit 1 and Exhibit 2) are needed to meet the State's requirements for submitting grant applications. Adoption of the resolutions would accelerate the completion of the AMI and Hydropower Generation projects, allowing the City and its enterprise ratepayers to benefit from these service -level improvements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 55D-2 Resolution Authorizing Grant Applications - AMI & Hydropower Generation From Department of the Interior, Bureau of Reclamation WaterSMART October 15, 2019 Page 3 FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to the City Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. Fuad Sweiss, PE, PLS Executive Director Public Works Agency FS/NS/RR Exhibits: 1. Resolution Authorizing Grant Application for the AMI Project 2. Resolution Authorizing Grant Application for the Hydropower Generation Project 55D-3 jmf 10/9/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION'S WATERSMART WATER AND ENERGY EFFICIENCY GRANT PROGRAM FOR THE AUTOMATED METER INFRASTRUCTURE 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 City of Santa Ana provides potable water for all of the City's businesses and residents. The City charges for water used by these customers using traditional mechanical meters that must be read manually by the City and have no additional capabilities. B. The City is in the design stages of an Automated Meter Infrastructure (AMI) Project. The proposed future AMI Project involves, among other things, the replacement of existing water meters with new smart meters that communicate via radio or similar technology and enable the City to implement technological enhancements such as automated meter reads, usage notifications, leak detection and interactive customer portals. C. By upgrading to an AMI system, customers can be supplied with on -demand, real time water consumption data enabling them to make more informed decisions about their water use. Case studies have shown that communities that upgrade to AMI systems can achieve significant savings on water consumption. D. In 2016, the City completed an AMI feasibility study to evaluate the applicability and costs associated with an AMI project. The cost of fully deploying such a project for the City is approximately $14,400,000. E. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Water and Energy Efficiency Grant (WEEG) Program for this type of project. The program provides two levels of funding and up to a maximum of $1,500,000 in grant funding, but not to exceed 50% of the total project cost. F. The City desires to fund part of the cost of the AMI Project with grant funding from the WaterSMART WEEG Program. 55D-4 Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager, or his or her designee, to sign and submit, for and on behalf of the City of Santa Ana, a grant application from the Bureau of Reclamation's WaterSMART WEEG Program for the AMI Project up to the amount of $1,500,000. Section 3. The City Manager, or his or her designee, is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto. Section 4. The City Manager, or his or her designee, is designated to represent the City of Santa Ana in carrying out the City's responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 5. If a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing up to $1,500,000 in matching funds for the AMI Project plus any remaining balance. Section 6. 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 12019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 7g, -f�L John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 2 of 3 55D-5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2019. Date: Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 3 of 3 55D-6 EXHIBIT 2 jmf 10/9/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION'S WATERSMART WATER AND ENERGY EFFICIENCY GRANT PROGRAM FOR THE HYDROPOWER GENERATION 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 City of Santa Ana water system has seven connection points with the Metropolitan Water District, SA-1 through SA7. B. The volume of water flow through three of the connection points allows for generation of electricity via hydro turbines. C. In February 2019, the City completed the Water Systems Alternative Energy Feasibility Study, which determined that SA-1, SA-3 and SA-6 have adequate water flow to generate electricity. The cost of fully deploying the Hydropower Generation Project for the City is approximately $2,600,000. D. The study estimates the annual monetary value for the power generated through the improvements at the three sites to be approximately $175,000. E. The United States Department of the Interior offers financial assistance in the form of grant funding through its Bureau of Reclamation's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Water and Energy Efficiency Grant (WEEG) Program for this type of project. The program provides up to a maximum of $300,000 in grant funding for projects such as the Hydropower Generation Project. F. The City desires to fund part of the cost of the Hydropower Generation Project with grant funding from the WaterSMART WEEG Program. Section 2. The City Council of the City of Santa Ana hereby authorizes and directs the City Manager, or his or her designee, to sign and submit, for and on behalf of the City of Santa Ana, a grant application from the Bureau of Reclamation's WaterSMART WEEG Program for the Hydropower Generation Project up to the amount of $300,000. 55D-7 Section 3. The City Manager, or his or her designee, is designated to provide the assurances, certifications, and commitments required for the grant application, including executing a financial assistance or similar agreement with the Bureau of Reclamation within established deadlines and any amendments or changes thereto. Section 4. The City Manager, or his or her designee, is designated to represent the City of Santa Ana in carrying out the City's responsibilities under the grant agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 5. If a grant award is made by the Bureau of Reclamation, the City of Santa Ana commits to providing up to $2,300,000 in matching funds for the Hydropower Generation Project plus any remaining balance. Section 6. 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 12019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 'y,- -f , L John M. Funk Assistant City Attorney /_\'/: R.71II, ,I TWI NOES: Councilmembers ABSTAIN: Councilmembers 1►[����:7X.y�►���Z.1tR.71I 11 Oi1TTM Miguel A. Pulido Mayor Resolution No. 2019-XXX Page 2 of 3 55D-8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby certify the attached Resolution No. 2019 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2019. Date: Clerk of the Council City of Santa Ana Resolution No. 2019-XXX Page 3 of 3 55D-9 55D-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: ADOPT RESOLUTIONS AUTHORIZING APPLICATION AND REIMBURSEMENT FOR DRINKING WATER STATE REVOLVING FUND CAPITAL PROJECT FINANCING FOR THE ADVANCED METER INFRASTRUCTURE PROJECT (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 1G} /s/ Kristine Ridge CITY MANAGER d xd•LTA I LTA 121 ki 11111 A r1VA" I Eel ki CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2111 Reading ❑ Implementing Resolution ❑ Set Public Hearing For FILE NUMBER 1. Adopt a Resolution authorizing the City Manager to submit an application for Environmental Protection Agency/California State Water Resources Control Board's Drinking Water State Revolving Fund financing for the Advanced Meter Infrastructure Project and sign all subsequent financial assistance agreements documents. 2. Adopt a Resolution authorizing the reimbursement of funding for the Advanced Meter Infrastructure Project from the State Water Resources Control Board. DISCUSSION The City of Santa Ana provides potable water for all of the City's businesses and residents. The City charges for water used by these customers via traditional mechanical meters that must be read manually. The City is in the planning and design stages of the Advanced Meter Infrastructure (AMI) Project. The proposed AMI Project involves, among other things, the transition of approximately 45,000 existing manual -read meters to new smart meters that communicate via radio or similar technology and enable the City to implement technological enhancements such as automated meter reads, leak detection and usage notifications, and interactive customer portals. By upgrading to an AMI system, customers can be supplied with on -demand, real-time water consumption data, enabling them to make more informed decisions about their water use. Case studies have shown that communities that upgrade to AMI systems can achieve water consumption savings of up to 15 percent. In 2016, the City completed an AMI feasibility study to evaluate the applicability and costs associated with an AMI project. The feasibility study estimated the cost of fully deploying this project at approximately $14,400,000. To date, the City has secured partial financing from two grants for the AMI project for a total of $4,300,000. The first is a $4,000,000 grant from the State's General Fund Specified Grant Projects account and the second is a $300,000 Bureau of 55E-1 Adopt Resolutions and Authorize Applications for State Revolving Fund Capital Project Financing for the AMI Project October 15, 2019 Page 2 Reclamation WaterSMART grant. Financial assistance in the amount of $10,117,365 is proposed from the Drinking Water State Revolving Fund to support the replacement of the manual -read meters with AMI technologies. This would allow the City to upgrade the water metering process, including AMI installation, facilities construction, materials and equipment (registers, meters, meter boxes, lids, software, hardware, AMI tower materials), Meter Data Management System (MDMS), leak detection technologies, interactive web portal installation, as well as pressure -monitoring capabilities. The California State Water Resources Control Board (SWRCB) oversees the Drinking Water State Revolving Fund which is a low-cost flexible financing for capital improvements to water utilities. This financing program is more cost effective and requires less administrative burden than financing through bonds or certificates of participation, and can be secured on a shorter timeline and repaid more flexibly, subject to conditions of participation and competitive scoring criteria established and administered under the supervision of SWRCB. Adoption of the resolutions would allow the AMI Project to benefit from a near -term infusion of cash that will shorten its respective project delivery schedule and accelerate realization of service -level and financial benefits to the City and its enterprise ratepayers. The two resolutions referenced in this Council Action are needed to meet the State's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Staff will return to Council with a request for approval of further actions and will indicate the fiscal impact of any such awards and associated expenditures at that time. Fuad Sweiss, PE, PLS Executive Director Public Works Agency FS/NS/RR Exhibits: 1. Authorization to Participate Resolution 2. Reimbursement Resolution 55E-2 EXHIBIT 1 jmf 10/9/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION TO THE STATE WATER RESOURCES CONTROL BOARD FOR FINANCIAL ASSISTANCE FOR THE PLANNING, DESIGN, AND CONSTRUCTION OF THE AUTOMATED METER INFRASTRUCTURE PROJECT WHEREAS, the City of Santa Ana ("City") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, specifically the Automated Meter Infrastructure Project ("AMI Project"); and WHEREAS, such financing is available through low interest moneys from the Drinking Water State Revolving Fund provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the City, through appropriate staff, wishes to submit an application to the State Water Board for financial support of the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The City Manager ("Authorized Representative"), or his or her designee, is hereby authorized and directed to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Board for the planning, design, and construction of the AMI Project. Section 2. The Authorized Representative, or his or her designee, is designated to provide the assurances, certifications, and commitments required for the Financial Assistance Application, including executing a financial assistance agreement from the State Water Board and any amendments or changes thereto. Section 3. The Authorized Representative, or his or her designee, is designated to represent the City in carrying out the City's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Resdution No. 2019-XXX Page 1 of 2 55E-3 jmf 10/9/19 ADOPTED this day of 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: 7�'. -f. L John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers /G1*II/91►�00T@vM, I1 1i1T=1 NOT PRESENT: Councilmembers Is] =I:491 y 197e'ltl41012e'llam*3filI IQ Je1.I exelN N I Jet I k!'1 I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 12019. Date: Clerk of the Council City of Santa Ana Resdution No. 2019-XXX Page 2 of 2 55E-4 jmf 9/28/19 RESOLUTION NO. 2019-XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE REIMBURSEMENT OF FUNDING FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT FROM THE STATE WATER RESOURCES CONTROL BOARD WHEREAS, the City of Santa Ana ("Agency") desires to finance the costs of constructing and/or reconstructing certain public facilities and improvements relating to its water and wastewater system, including specifically the Automated Meter Infrastructure Project ("Project'); and WHEREAS, the Agency intends to finance the construction and/or reconstruction of the Project or portions of the Project with moneys ('Project Funds") provided by the State of California, acting by and through the State Water Resources Control Board ("State Water Board"); and WHEREAS, the State Water Board may fund the Project Funds with proceeds from the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes ("Obligations"); and WHEREAS, prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds, the Agency desires to incur certain capital expenditures ("Expenditures") with respect to the Project from available moneys of the Agency; and WHEREAS, the Agency has determined that those moneys to be advanced on and after the date hereof to pay the Expenditures are available only for a temporary period, and it is necessary to reimburse the Agency for the Expenditures from the proceeds of the Obligations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Ana as follows: Section 1. The Agency hereby states its intention and reasonably expects to reimburse Expenditures paid prior to the issuance of the Obligations or the approval by the State Water Board of the Project Funds. Section 2. The reasonably expected maximum principal amount of the Project Funds is $10,117,365. Section 3. This Resolution is being adopted no later than 60 days after the date on which the Agency will expend moneys for the construction portion of the Project costs to be reimbursed with Project Funds. Resdution No. 2019-XXX Page 1 of 3 EXHIBI66 E -5 jmf 9/28/19 Section 4. Each Agency expenditure will be of a type properly chargeable to a capital account under general federal income tax principles. Section 5. To the best of our knowledge, this Agency is not aware of the previous adoption of official intents by the Agency that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued. Section 6. This Resolution is adopted as official intent of the Agency in order to comply with Treasury Regulation Section 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs. Section 7. All the recitals in this Resolution are true and correct, and this Agency so finds, determines, and represents. 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 day of 12019. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:, John M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers Miguel A. Pulido Mayor Resdution No. 2019-XXX Page 2 of 3 55E-6 jmf 9/28/19 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 12019. Date: Clerk of the Council City of Santa Ana Resdution No. 2019-XXX Page 3 of 3 55E-7 55E-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: ADOPT A RESOLUTION AUTHORIZING POLICE OFFICER GALEANA TO PURCHASE A RETIRED SANTA ANA POLICE K-9 {STRATEGIC PLAN NO. 1, 3A} CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ C�Zi7►111�1�1q�iC� /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution authorizing the purchase agreement between Santa Ana Police Officer Galeana and the City of Santa Ana for the sale of a retired Santa Ana Police K-9. 2. Authorize the City Manager to execute the attached purchase agreement with Santa Ana Police Officer Galeana for the sale of a retired Police K-9 in the amount of $1, subject to non - substantive changes approved by the City Attorney and City Manager. DISCUSSION On November 1, 2019, Officer Luis Galeana will graduate from the K-9 Handlers Basic Course with his new assigned police service dog. His assigned canine Puskas is ten years old, the average retirement age for police service dogs. At his age, it would be impractical to keep him in service. During their assignment as a K-9 team, Puskas has lived with Officer Galeana for over four years. As Puskas retires, Officer Galeana wishes to purchase Puskas for the standard fee of $1. Officer Galeana will assume ownership and full responsibility for the care, maintenance, food, housing, medical and any other expenses that arise out of Officer Galeana's ownership of Puskas. In order to provide a consistent home and care for K-9 Puskas, it is recommended that the agreement (Exhibit 2) between Officer Galeana and the City of Santa Ana, and the attached resolution (Exhibit 1) authorizing the agreement, be approved. 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 A (Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively). 55F-1 Resolution and Agreement for Police Department K-9 October 15, 2019 Page 2 FISCAL IMPACT Funds for this agreement will be deposited into the Police Department's FY 2019-20 miscellaneous reimbursement revenue account (no. 01114002 57402). David Valentin Chief of Police Santa Ana Police Department Exhibits: 1. Resolution 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Kathryn Downs, CPA Executive Director Finance and Management Services Agency 55F-2 Exhibit 1 TB 10.15.19 RESOLUTION NO. 2019-xxx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER GALEANA AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 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. WHEREAS, Officer Luis Galeana ("Officer") is a police officer with the City of Santa Ana and is assigned to the Canine Unit as a K-9 officer; and B. WHEREAS, the City assigned a dog named Puskas to be used in the K-9 program and assigned to Officer; and C. WHEREAS, Puskas has served the department for several years as a police service dog; and D. WHEREAS, Puskas is 10 years old, a normal retirement age for police service dogs; and E. WHEREAS, Officer has requested permission to purchase Puskas; F. WHEREAS, the City is agreeable to selling Puskas to Officer due to their relationship. Section 2. The City has declared Puskas to be surplus property and due to the nature of officer's relationship with Puskas, the City Council authorizes the City Manager to enter into an Agreement with officer on behalf of the City to sell Puskas for $1 under terms and conditions acceptable to the City Attorney. Section 3. If any surcharge or fee, 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. Resolution 2019-xxx Page 1 of 55F-3 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of October, 2019. Miguel A. Pulido Mayor APPROVED AS TO FORM: Soni . CarvJiUalho, City Attorney By: A-, - tamb'ra'AYgb&ian Assistant City Attorney AYES: Councilmembers NOES: Council ABSTAIN: Councilmembers NOT PRESENT: Councilmembe CERTIFICATE OF ATTESTATION AND ORIGINALITY I, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-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 2019-xxx Page 2 of 2 55F-4 Exhibit 2 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and entered into this 15th day of October, 2019 by and between Officer Luis Galeana ("Officer') and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. Officer is a member of the Santa Ana Police Department and is assigned to the K9 Unit as a K9 Handler. B. Officer was, in conjunction with his assignment as a K9 Handler, given the care, custody, and control of a police dog named "Puskas" (Dog). C. Dog has been specially trained to assist officers in law enforcement tasks to respond to commands issued specifically by the Officer. D. Dog is 10 years old, a normal retirement age for police service dogs. Based upon his age and current physical condition, it would be impractical to keep Dog in service. E. Dog is considered "surplus" property and the Director of Finance has agreed to sell Dog to Officer for the sum of $ l .00. F. Officer wishes to adopt and purchase Dog. It is the City's intent to sell Dog to Officer subject to the conditions specified in this agreement. 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. City hereby sells Dog to Officer for the sum of $1.00, payable at the time this contract is executed. Officer shall be the owner of the Dog upon execution of this contract and payment of $1.00. 2. Officer agrees and hereby assumes ownership and full responsibility for the care, maintenance, food, housing, medical and any and all other expenses that result from or arise out of Officer's ownership of Dog. 3. Officer agrees that the City shall have no further responsibility of liability for Dog or Dog's care after the (late of this Agreement. Officer agrees to del'end, indemnify and hold lun•mless the City and its ofliccrs, employees, representatives, rtul agents with respect to any loss, damage, claim, injury, or liability that arises out of, or is in any way related to, Dog or Officer's actions with Dog after the elleclive date of This Agreement. 55F-5 5. Officer gives up and waives any right he may have on behalf of himself and his heirs, assigns, and successors for any loss, injury, damage, claim, or liability arising out of or in any way related to Officer's ownership and possession of Dog. 6. This Agreement contains the entire agreement between the parties and no representations have been made by any of the parties or their representative, except as is contained herein and any representations not expressed herein are invalid and unenforceable. This agreement is valid on the effective date and may not be modified thereafter, except in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. �AL=- EUIS GALEANA Police Officer RECOMMENDED FOR APPROVAL: DAVID VALENTIN Chief of Police APPROVED AS TO FORM: SONIA R. CARVALHO City omey By. MC:��-� Tamara Bogosian Assistant City Attorney CITY OF SANTA ANA KRISTINE RIDGE City Manager ATTEST: DAISY GOMEZ Clerk of the Council 55F-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: PUBLIC HEARING — APPEAL APPLICATION NO. 2019-03 FILED BY KARA GRANT APPEALING THE DECISION OF THE PLANNING COMMISSION IN APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 {STRATEGIC PLAN NO. 3,231 CLERK OF COUNCIL USE ONLY: G•-C• ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2i1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Adopt a resolution denying Appeal Application No. 2019-03 and upholding the Planning Commission's approval of Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and Environmental Review No. 2019-69. PLANNING COMMISSION ACTION On September 9, 2019, the Planning Commission held a public hearing regarding Conditional Use Permit (CUP) No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and Environmental Review No. 2019-69 to facilitate the construction of an automated car wash at 301 North Tustin Avenue and construction of a 3,040-square foot convenience store and service station at 325 North Tustin Avenue. The Planning Commission, by a vote of 4-0 (Nguyen absent), approved the CUPS, variance amendment and environmental review. On September 19, 2019, Kara Grant on behalf of William and Karina Conklin owners of real property and a business at 2035 North Tustin Avenue (Speedie Clean Car Wash), submitted an appeal application pursuant to Section 41-645 of the SAMC (Exhibit 1) requesting that the City Council reconsider the Planning Commission's decision. 75A-1 Appeal No. 2019-03 October 15, 2019 Page 2 Background and Chronology In October 2018, the Planning Commission approved Conditional Use Permit No. 2018-18 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018- 05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The zone change and general plan amendment became effective January 4, 2019, as the subject properties are located within the General Commercial General Plan land use designation and General Commercial (C2) zoning district. Since the zone change, the property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. DEVELOPMENT PROJECT Richard Finkel, representing Russell Fischer LP, has submitted a development application to demolish an existing service station, car wash, and convenience store and construct a new service station, convenience store and automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash building will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or Fourth Street (via reciprocal access provided from the service station property to the north). The car wash will have two pay points with 189 feet of stacking, which exceeds the standard of 120 feet of stacking (12 vehicles). The car wash will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7:00 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The existing service station, convenience store and car wash are proposed to be demolished, a driveway closed on Fourth Street and the site redesigned with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a 3,040-square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35-foot high freestanding sign for the service station adjacent to the SR- 55 freeway along the east property line. The proposed convenience store hours of operation are 24-hours per day. 75A-2 Appeal No. 2019-03 October 15, 2019 Page 3 ANALYSIS OF APPEAL Pursuant to Santa Ana Municipal Code (SAMC) Section 41-377.5, car washes require a CUP. Further SAMC Section 41-365.5, requires a CUP for retail markets less than twenty thousand (20,000) square feet of floor area which are open between 12:00 a.m. and 5:00 a.m. Finally, SAMC Sections 41-368 and 41-380 require a front yard not less than 15 feet. On September 9, 2019, the Planning Commission approved CUP No. 2019-30 to allow a car wash, amendment to Variance 2018-10 to allow for a reduction in the front yard to 10-feet and Conditional Use Permit No. 2019-31 to allow the convenience store to operate 24-hours day, seven days a week. The appellant is requesting that the City Council overturn the Planning Commission's decision and provided four reasons to substantiate the request: I. The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in SAMC Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30. Summary of Appeal Reasoning: The appellant provides findings that the car wash project will not provide a service or facility that will contribute to the general well-being of the neighborhood/community based on the number of existing car washes in the City that amply provide this service to the community. In addition, the car wash project will be detrimental to the health, safety or general welfare of persons residing in the area due to the size of the proposed car wash and the detrimental economic impact (drop in sales) it would have to the appellant's car wash business and existing car washes in the City. The proposed car wash will adversely affect the present economic stability and/or future economic development of the property in the surrounding area, as an oversaturation of car washes may result in some going out of business which will reduce the City's tax revenue, reduce the number of jobs and detrimentally impact the vitality of current and future uses. Finally, that the proposed car wash will adversely affect the General Plan as it is contrary to Land Use Element Goal 1 to promote a "balance of land uses" and Land Use Element Goal 2 "to promote land uses that enhance the City's economic and fiscal viability." Staff Response: The car wash will continue to provide a service to persons that are working or residing in the area. The proposed car wash at 301 North Tustin Avenue will replace the existing automated car wash at 325 North Tustin Avenue with an updated design which includes provisions for additional queueing and minimizes noise emissions to the exterior of the building. The required findings for Conditional Use Permit No. 2019-30 were made by the Planning Commission (Planning Commission Resolution No. 2019-35) and are as follows: 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 car wash will continue to provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operations and provide vacuum stations for the customer's use. The site will 75A-3 Appeal No. 2019-03 October 15, 2019 Page 4 be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. 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 car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site, including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights, and parking. A condition of approval has been 75A-4 Appeal No. 2019-03 October 15, 2019 Page 5 added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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 car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element: Land Use Element Goal 1 promotes a balance of land uses to address basic community needs; Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. 11. The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. Summary of Appeal Reasoning: The car wash project contradicts the General Plan Land Use element's goals and policies that the car wash project will have significant impacts on traffic and noise based on the peer review of the project by RK Engineering Group Inc. and that the Commission did not require a noise study for the car wash project prior to approving the CUP. In addition, that exceptions to the categorical exemption related to cumulative impacts and unusual circumstances are applicable. Finally, that the previous development in 2018 which included a retail and restaurant project required a mitigated negative declaration and mitigation monitoring program. Staff Response: The Commission determined that the project was categorically exempt in accordance with the CEQA (Environmental Review No. 2019-69) Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation, is less than five acres (1.46-acre site) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 2019 prepared by Linscott, Law and Greenspan, 75A-5 Appeal No. 2019-03 October 15, 2019 Page 6 noise study dated July 2019 prepared by LSA, and Conceptual Water Quality Management Plan prepared for the project. The project can be served by all required utilities and public services. The previous project included a general plan amendment and zone change to the subject property and surrounding properties, therefore it required a Mitigated Negative Declaration. As discussed previously, the general plan amendment and zone change became effective January 4, 2019. As such, the subject properties within the General Commercial General Plan land use designation and General Commercial (C2) zoning district and are eligible for the Section 15332, Class 32 categorical exemption. lll. Amendment to Variance No. 2018-10 should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code 65906). Summary of Appeal Reasoning: Granting the variance is an impermissible grant of special privileges to the car wash applicant to build a car wash based on the reasons provided within the applicant's variance application. Additionally, that the record does not establish the special circumstances related to the site. Staff Response: The required findings for amendment to Variance No. 2018-10 were made (Planning Commission Resolution No. 2019-36) and the variance addressed special circumstances related to the project site that are different than the surrounding properties such as required street dedications, site design and circulation considerations for the proposed use and the irregular shape of the lot due to the lot width which narrows from north to south due to the location being adjacent to an existing freeway. The appellant basis the reasoning for objecting the variance and its finding reflects information provided on the applicant's variance application within the project file, not the findings made in the resolution by the Planning Commission. The variance findings made by the Planning Commission are as follows: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 75A-6 Appeal No. 2019-03 October 15, 2019 Page 7 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operations of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such as car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element: Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. IV. The notice distributed for the September 9, 2019 Planning Commission public hearing, 10 days before the hearing and only to properties within 500 feet of the project was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to 75A-7 Appeal No. 2019-03 October 15, 2019 Page 8 protect their interests. The ConMins were not included on the City's list of individuals/properties to review notice of the hearing. Summary of Appeal Reasoning: The Conklins and other car wash owners were not included in the public hearing mailing list, but they will be directly affected by the project. Staff Response: Notice of the September 9, 2019 Planning Commission meeting was provided in accordance with Santa Ana Municipal Code Section 41-636 and Section 2-153(c) and applicable state noticing requirements by advertising in the Orange County Reporter a newspaper of general circulation, by mailing to owners of property and residents within 500 feet of the project site and posting on the project site on August 30, 2019 10-days prior to the public hearing. In addition, information on the project was posted on the project's webpage in June 2019. The appellant's comments submitted to the Planning Commission on September 9, 2019 Exhibit D reflects communication between the appellant and the City. In follow up, on July 1, 2019 an email response was sent providing information on the project including a link to the updated project webpage and a phone conversation with city staff was held overviewing the car wash application. On August 30, 2019, email notification of the Planning Commission public hearing was provided to the same email address that inquired in July. The City Council, in its review of this appeal, must determine whether the findings for granting a CUP as identified in Section 41-638 of the SAMC have been established for CUP No. 2019-30, Variance Amendment No. 2018-10, CUP No. 2019-31 and Environmental Review No. 2019-69. The City Council upon evaluating the record of decision, may uphold or overturn the decision of the Planning Commission, in whole or in part. Environmental Analysis In accordance with the California Environmental Quality Act (CEQA), Environmental Review No. 2019-69, the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation, is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 17, 2019 prepared by Linscott, Law and Greenspan, noise study dated July 2019 prepared by LSA, and Conceptual Water Quality Management Plan prepared for the project. The project site lies within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). As such construction of the project shall comply with SCAQMD Rule 403, which identified measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. The project will not exceed construction or operational emission thresholds established by the SCAQMD. The project can be served by all required utilities and public services. 75A-8 Appeal No. 2019-03 October 15, 2019 Page 9 ECONOMIC DEVELOPMENT The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations. The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and improvements for the project are made. The construction of the project will require that permit fees be paid to the City and there will be temporary construction jobs. Table 1: Public Notification & Community Outreach Public Notification & Community Outreach Notification by mail was mailed to all property Notification by mail owners/occupants within 500 feet of the project site, and Required Measures interested parties, on October 3, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on October 4, 2019. 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). CONCLUSION Based on the full record to date, including testimony and review presented at the Planning Commission public hearing and review of the appeal statement staff recommends that the City Council affirm the Planning Commission's decision and recommends that the City Council deny the appeal. Minh Thai Executive Director Planning and Building Agency Sk',Ia S'.\RFCA\2019\10-15-19\Appeal 2019-03 - 301 and 325 N. Tustin\ RFCAAPPEAL No. 2019-03 for 301 N. Tustin Ave.doc Exhibits: 1. Appeal Application No. 2019-03 2. Resolution Denying Appeal Application No. 2019-03 3. Planning Commission Signed Resolutions 4. Planning Commission Staff Report and Exhibits 75A-9 *VA NI-3YIi1 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 Nin SrP 19 P3 :): --� 9 (714)647-5804 CITY OF WffiAAPPLICATION I. OWNER/APPLICANT Applicant William and Karina Conklin by and through Kara Grant, Esq Full name of Person, Firm, or Corporation 321-7472 77595 Harvard, Suite C-202, Irvine, CA 92614 (714 ) Mailing Address Area Code Phone Legal owner Name: william and Kanna Conklin by and through Kara Grant, Esq. Legal owner Address: 17595 Harvard, Suite C-202, Irvine, CA 92614 Phone No.: (714 ) 321-7472 II. PROPERTY INFORMATION Fax: (949) 769-6689 Land Use - csM1]o,N. Tuslln Ave: 9essanme 11a:b. With var—h-325 N. nn:w Ave. General Commercial(C2) General Commercial (GC) Existing Land Use of Property and/or Building Zoning District General Plan Designation Location 301 & 325 Nonh Tustin Avenue 4th Street Street Address Name of Nearest Intersecting Street SEE REVERSE SIDE FOR SUBMITTAL REQUIREMENTS III. REASON FOR REQUEST In the following provided space, please clearly specify and explain the error(s) of decision or requirement upon which you are basing this appeal. (If additional space is needed, please attach additional comments to the back of this application.) As explained in the attached letter, which is incorporated by reference, the Planning Commission erred in approving Russell Fischer Car Wash Project at 301 and 325 N. Tustin Avenue, granting discretionary approvals and and finding the Car Wash Project categorically exempt from CEQA. O SEP 19 REH cm\cntr-fnn\appeal 5/00 pity of Santa Ana Date: 9/19/19 EAL APPLICATION NO. Pip I!!L' t73 75A-10 LAW OFFICE OF KARA E. GRANT 17595 Harvard, Suite C-202 N Irvine, California 92614 tel 1714.321.7472 fax 1 949.769.6689 email I karagrantlaw@gmail.com September 19, 2019 City of Santa Ana Attn: City Council Attn: Planning and Building Agency, Planning Division 20 Civic Center Plaza Santa Ana, CA 92702 (714) 647-5804 RE: Appeal from Planning Commission's Approval of the Russell Fischer LP Car Wash Project — 301 & 325 N. Tustin Avenue Dear Members of the Council: We ask the Council to reverse the decision of the Planning Commission and deny the Russell Fischer Car Wash Project at 301 and 325 N. Tustin Avenue, which will have a detrimental effect on the neighborhood and the City of Santa Ana. Pursuant to Section 41-645 of the Santa Ana Municipal Code ("SAMC"), my clients, Mr. William Conklin and Mrs. Karina Conklin, appeal the Planning Commission's September 9, 2019 decision to approve the Russell Fischer Commercial Center (Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and CEQA Notice of Exemption, Environmental Review No. 2019-69) for development of a massive express car wash along with a gas station and convenience store (the "Project" or "Car Wash Project"). The Conklins are an interested party because they own real property and a business in Santa Ana, which is located less than 1.2 miles from the Project, and their business will be directly affected by the Project. The Conklins submitted public comments to the Planning Commission in opposition to the Project before 1:00 pm on September 9, 2019, and their representative presented further opposition at the hearing. 75A-11 SUMMARY OF REASONS WHY THE COUNCIL SHOULD REVERSE THE DECISION OF THE COMMISSION AND DENY THE REQUESTED APPROVALS FOR THE PROJECT The Planning Commission committed four crucial errors in approving the Russell Fischer Car Wash Project: (1) The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in SAMC Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30 (the "CUP") for the development of the massive car wash. (2) The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act ("CEQA") because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. CEQA review must be completed before the Project can be approved. (3) Amendment to Variance No. 2018-10 (the "Variance Amendment") should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code § 65906.) The stated justification for granting the Variance Amendment for the Russell Fischer Car Wash Project is to enable the applicant to develop the car wash that is designed to operate at the "highest efficiency," and with the "highest possible return on the [applicant's] considerable investment." This Variance Amendment is only necessary so that Russell Fisher can build the massive car wash that it now wants to build on the property. The retail/drive-thni restaurant project Russell Fischer originally proposed, and the Planning Commission and this Council approved in 2018, can be developed without this Variance Amendment. (4) The notice distributed for the September 9, 2019 Planning Commission hearing — a paltry 10 days before the hearing and only to properties within 500 feet of the Project — was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to protect their interests. Despite numerous inquiries to the City re this specific Project site, the Conklins were not included on the City's list of individuals/properties to receive notice of the hearing, and ultimately obtained notice only serendipitously. For these reasons, discussed at length below, the Council should reverse the Commission's decision and deny the requested approvals for the Russell Fischer Car Wash Project. In addition, we urge the Council to take special notice of the following important issues concerning the Russell Fischer Car Wash Project: • The Council should investigate the "bait and switch" manner in which the Project applicant, Russell Fischer, LP (hereinafter, "Russell Fischer" or the "Applicant") obtained entitlements for 75A-12 the Car Wash Project. The Project was originally proposed in late 2016 as a building with numerous retail stores and a drive-thru restaurant. The entitlements necessary for development of the Car Wash Project —including rezoning the property to commercial and obtaining a General Plan amendment —were obtained under the pretense that a car wash owner and car wash developer were going to demolish the existing small gas station car wash and suddenly develop a retail center and drive-thru restaurant. It wasn't until July 2019 that there was any indication to the public that the Project would no longer include the retail building and drive-thru restaurant, and instead would house a massive express car wash with a 4,354 square foot car wash tunnel and 20 vacuum bays. The Council should send the message that this sort of manipulation and deceit is not how projects get approved in Santa Ana. The Council is also urged to adopt a moratorium on car washes to protect the Santa Ana's general welfare and economic stability, as the City of Escondido did in 2018. Santa Ana is on its way to becoming the car wash capital of Southern California. Currently, there are 22 car washes operating in the City and approving any more, including the Russell Fischer Car Wash Project, will have significant adverse impacts on the community and the City overall. Car washes provide little economic benefit to the City since they generate minimal sales tax revenue, they hire few employees resulting in lost income potential to residents and a reduction in employment opportunities throughout the City, they take up prime commercial property locations which are difficult to redevelop, and they have serious adverse impacts on the environment. Santa Ana needs a car wash moratorium and ultimately stricter requirements for permitting any future development of this use. Accordingly, the Council should deny Russell Fischer's application to build yet another massive, unneeded car wash, and should impose a moratorium to protect the City's general welfare, present economic stability, and future economic development. I. THE COUNCIL SHOULD REVERSE THE PLANNING COMMISSION'S APPROVAL OF THE CUP BECAUSE THE PROPOSED CAR WASH FAILS TO SATISFY FOUR OF THE FIVE MANDATORY FINDINGS REQUIRED TO GRANT A CUP. A. The Santa Ana Municipal Code Requires Five Findings Before A CUP Can Be Granted. The City's Conditional Use Permit Application states: "The conditional use procedure provides a method whereby specific uses, not considered compatible as a permitted use in a zoning district, are afforded an opportunity to locate in the zoning district on the basis of a specific location provided certain findings can be established." SAMC Section 41-638, provides that the Commission may grant a CUP for specific uses located at a particular location only if the Applicant establishes all of the following: 75A-13 (i) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community; and (ii) 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; and (iii) That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area; (iv) That the proposed use will comply with the regulations and conditions specified in this chapter for such use; and (v) 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. Significantly, the SAMC states that the Commission "may" grant the CUP if all five elements are met, not that it "must" grant the CUP. The City chose to require conditional use permits for car washes to maintain discretion over their development. In other words, property owners do not get to build a car wash in Santa Ana on any property as a matter of right. This is.because the City recognized the need to regulate and limit the number of car washes since they can be detrimental to the health, safety and general welfare of the community. Accordingly, the standard for approving conditional use permits is that all five elements enumerated above must be satisfied. The Russell Fischer Car Wash Project did not meet these five required elements. At minimum, the Project fails to meet required elements 1, 2, 3, and 5, each of which is addressed in turn below. In addition, the record in support of the Planning Commission's decision must contain substantial evidence to support its findings, and the findings must in turn support the decision and be sufficiently detailed to "bridge the analytical gap" between the raw evidence and the final decision. (Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 511.) As discussed at length below, the record lacks substantial evidence to support the Commission's findings that yet another massive car wash will contribute to and not adversely affect the City. Thus, the City Council should reverse the Commission's decision and deny the CUP. 4 75A-14 1. The Car Wash Project Will Not Provide a Service or Facility that Will Contribute to the General Well Being of the Neighborhood/Community. The Council should deny the CUP if the proposed use would be detrimental to the general welfare or have undesirable effects in the community. (Harris v. City of Costa Mesa (1994) 25 Cal.App.4th 963, 973; Tustin Heights Assn v. Board of Supervisors (1959) 170 Cal.App.2d 619, 626.) In Harris v. City of Costa Mesa, the Court of Appeal described the "public welfare" standard as follows: "`The concept of the public welfare is broad and inclusive. [citations omitted]. The values it represents are spiritual as well as physical, aesthetic as well as monetary. It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled.' [Citations.]" (Id. at p. 741.) Similarly, in Guinnane v. San Francisco City Planning Com. (1989) 209 Cal.App.3d 732, the Court of Appeal rejected the petitioner's contention that "... the commission's decision [was] unsupported by the findings [ ] based on the argument that the findings relate[d] exclusively to the private concerns of the neighbors (traffic, parking and visual impact) rather than the requisite public concerns of health, safety and welfare." The Court found this argument specious, and explained that "[w]hile parking, traffic and visual impact were problems expressed by some of the neighbors, clearly they represent concerns that fall well within the domain of the public interest and welfare. [Citations.]" (Id. at p. 743.) Santa Ana currently has at least 22 car washes, including the small gas station model car wash currently in operation on 325 N. Tustin Avenue. Attached as Exhibit A is a list of car washes within the City of Santa Ana and their respective distances to the Project. There are 3 more car washes located within 1 mile of the Project in the City of Tustin. In fact, the Tustin Bay Wash is located on the very same block as the proposed Russell Fischer Car Wash Project, and the Mobile Express Wash located on Irvine Blvd., is only about 1,000 feet from the Car Wash Project. Moreover, there are 13 mobile car wash facilities in Santa Ana in addition to the 22 car washes, which bring the total existing car wash facilities in Santa Ana to 35. (See Exhibit A.) To further illustrate how oversaturated the car wash use is in Santa Ana, there are only 13 Starbucks in in the entire City, and at that it feels like they are on every corner. Clearly, the car wash service is already amply provided to the community. There is no need to trade the small gas station car wash at 325 N. Tustin for a massive standalone car wash facility at 301 N. Tustin Avenue, as proposed by the Russell Fischer Car Wash Project. Doing so will not contribute any new or needed service or facility to the community. In contrast, the project currently approved for 301 and 325 N. Tustin Avenue —the retail center with drive thm restaurant —would provide new services and facilities to the neighborhood and community. Moreover, that location is a gateway to the City of Santa Ana from the freeway. It would be infinitely more appealing, welcoming and desirable to have a 75A-15 retail center and restaurant as one of the first things a visitor or resident sees upon entering the City, as opposed to yet another massive, loud, imposing car wash. The Russell Fischer Car Wash Project will be further detrimental to the community's general well being because it will adversely affect existing car washes within the City, especially those in close proximity to the Project, like the Conklin's Speedie Clean Express Car Wash ("Speedie Wash"). The negative impact on businesses like Speedie Wash, which is located only 1.1 miles from the Project, in turn will be detrimental to the entire community. The Conklin's made a substantial investment in the City of Santa Ana when they purchased both the property (2035 N. Tustin Avenue) and business (Speedie Wash) in 2017 for several million dollars. Bill Conklin is a retired prosthetist, and Karina is a stay at home mom to their 10-year-old son, Tyler, who is autistic and hearing disabled. The Conklins invested their life's savings into Speedie Wash because they envisioned their future in Santa Ana, where Karina grew up, operating Speedie Wash together, and one day enjoying it with their son as an employee. With Speedie Wash, the Conklin are working on amazing projects that enrich their community and residents/visitors, whereby they offer fiill service car washes in coordination with entities like the Regional Center of Orange County and GoodWill that offer programs for disabled adults. Unfortunately, the Conklin have had to put such charitable projects on hold and focus their attention on saving their business, which is being threatened by the unnecessary new supersized Russell Fischer Car Wash Project. The City recently approved another large-scale car wash, Rocket Express Car Wash, located at 1703 East 17th Street, which is currently under development. Rocket Express Car Wash is located only 1 mile from Speedie Wash. The Conklin's recently were informed that two more applications to develop new large-scale car washes have been submitted to the City in addition to the Russell Fischer Car Wash Project herein at issue. The proposed locations are N. Tustin Avenue and Santa Clara Avenue, and Grand Avenue between 171h Street and Fairhaven Avenue. If approved, they would bring Santa Ana's car wash total to 24. The proposed locations of these two additional car washes are 0.2 miles and approximately 1 mile, respectively, from Speedie Wash. These proposed car washes are both approximately 1.4 miles from the Russell Fischer Car Wash Project. (See Exhibit A.) In light of the foregoing, it should be abundantly clear that the Russell Fischer Car Wash Project will not provide a service or facility that will contribute to the general well being of the neighborhood or community. In fact, the car wash service/facility is redundant, and will negatively impact other existing car washes. In contrast, the retail building and drive through restaurant currently approved for the site would benefit the neighborhood and community. 2. The Car Wash Project Will Be Particularly Detrimental to the Health, Safety, or General Welfare of Persons Residing or Working in the Vicinity. Oversaturating the City with yet another massive car wash eliminates employment opportunities within the City because car washes like the Russell Fischer Car Wash Project hire very few employees. 75A-16 The number of employees is especially minuscule in comparison to the number of employees that would be hired by the numerous retail stores and the drive-thru restaurant currently approved for the site as part of the Russell Fischer Retail/Restaurant Project. Moreover, typical wages paid at the Car Wash Project would not increase the City's overall median incomes. The Russell Fischer Car Wash Project therefore would not bolster employee densities in commercial and industrial zones or increase the per capita median income of the community. If the Council allows the continued establishment of car washes, by approving the Russell Fischer Car Wash Project, it will result in the immediate loss of potential income to City residents and drastically reduce potential employment opportunities in the neighborhood and throughout the City. Moreover, permitting the continued oversaturation of car washes by approving the Russell Fischer Car Wash Project will be detrimental to existing Santa Ana business, such as other car washes in the City. It is well accepted in the car wash industry that a successful car wash draws from approximately five miles, with a concentration of 2-miles. Industry literature recommends that a new car wash should not be established within 3 miles or less of another car wash because the competition will hurt both businesses. Attached as Exhibit B are articles by car wash industry consultants explaining this recommendation: "Competing car washes in a three mile radius must be seriously considered as threat or deterrent to your proposed site." (Motor City Wash Works, Site Selection — Road -Map to Success, pp. 3-4.) One consultant explains that opening a car wash within 3 miles of an existing car wash will lead to one of three possible scenarios: "(1) they put you out of business because they are more well-known; (2) you put them out of business because you're shiny, new and ready to impress; or (3) both you and your competitor limp along with mediocre, stagnated business." (Exhibit B, "Respecting the 3-Mile Rule When Starting a Car Wash".) As discussed above, the Russell Fischer Car Wash Project is located only 1.2 miles from Speedie Wash. Although the Project currently has a gas station car wash operating on the Project site, small car washes that are part of gas stations are not considered direct competitors of express and fall service model car washes. Thus the expansion to an express wash proposed by the Project will impose direct negative impacts on Speedie Wash not imposed by the currently operated gas station car wash. The sheer capacity of large-scale express car washes versus gas station car washes illustrates how the proposed Project only 1.2 miles from Speedie Wash will have a direct, detrimental impact on its business. Express car washes wash between 600-700 cars on a typical weekday, and between 800-1,000 cars on a typical weekend day. An express car wash will typically do 20,000 car washes in a single month. It is not uncommon for a busy express car wash to do up to 30,000 car washes in a single month. In contrast, smaller gas station model car washes like the car wash currently operated on the Project site, will typically average about 3,000 car washes monthly, or 100 car washes per day. Moreover, a gas station model car wash generally has at least three profit centers: (1) gas sales, (2) convenience store sales, and (3) car wash sales. In contrast, express car washes have only a single profit center — washing cars. 75A-17 A comparison of the existing gas station car wash located on the Project site to the proposed massive express car wash, which will span the length of property line of 301 N. Tustin Avenue, illustrates that the Car Wash Project and its significantly increased capacity will undoubtedly impact Speedie Wash as a direct threat in extremely close proximity. Attached as Exhibit C are photographs of the existing gas station car wash operated at the Project site, which is diminutive in size compared to the proposed Russell Fischer Car Wash Project. The Conklin's know first hand that adding an express car wash close by will hurt their business. For instance, Speedie Wash's suffered roughly an 8% drop in sales when a new express car wash, Rapids Express Car Wash, was built in the City of Orange on N. Tustin Street, approximately 4 miles from Speedie Wash. This negative impact on car wash businesses is not unique to Speedie Wash, but would apply to all car washes in the vicinity of the Russell Fischer Car Wash Project especially the existing 15 car washes located within a 3-mile radius of the Project. (See Exhibit B — articles discussing impact of new car washes within 3 miles of existing car washes). Accordingly, the Project will be detrimental to the business operation and success, and thus the general welfare, of Speedie Wash, as well as the numerous other car washes in the Project vicinity. Also noteworthy is the dental office that is adjacent to the Project. This business owner, a dentist, has expressed opposition because the Russell Fischer Car Wash Project is proposed to be built very close to her building and the vibrations will harm sensitive medical equipment, and the noise will harm her business operation. 3. The Proposed Car Wash Project Will Adversely Affect the Present Economic Stability and/or the Future Economic Development of Property in the .Surrounding Area. The current oversaturation of car washes in Santa Ana provide the City little economic benefit as there are minimal sales tax revenues associated with car wash operations. This fact greatly concerned the City of Escondido, who recently adopted a moratorium prohibiting new car wash uses in their city. (See, infra, Exhibit L, and the discussion in Section VI of this Appeal.) In comparison, numerous retail stores and a drive-thru restaurant, as currently approved for the Russell Fischer Retail/Restaurant Project, would generate substantial sales tax revenue for the City. Moreover, as explained below, continuing to permit the oversaturation of car washes in Santa Ana will result in failed businesses, and in turn vacant commercial properties that are difficult and expensive to redevelop because of potential contamination to the site and the infrastructure unique to car washes. The Russell Fischer Car Wash Project will adversely affect the economic stability of other car wash businesses. For instance, the Conklins project that each additional express or full service car wash, in this case, the proposed Russell Fischer Express Car Wash, will reduce Speedie Wash's revenue margin by 10-15%. This impact is not unique to Speedie Wash, but would foreseeably apply to most and potentially all car washes in an approximate 3-mile radius of the Project. With each new express wash reducing Speedie Wash's revenue by 10-15%, the impact of the proposed Russell Fischer Express 75A-18 Car Wash in addition to the already approved Rocket Express Car Wash, both of which are located within a 1.5 mile radius from Speedie Wash, is significant and devastating. As mentioned above, the Conklin recently learned that two more applications to develop new express car washes have been submitted to the City, with proposed locations approximately 1.4 miles from the Russell Fischer Car Wash Project, and within 1 mile from Speedie Wash. If these proposed new express car washes are approved and developed, along with Rocket Express and the Russell Fischer Car Wash Project, that would increase the munber of express car washes within less than a 2 mile radius of Speedie Wash from 5 to 8. Going from the existing 5 to 8 express car washes represents a 60% increase in express car washes in the City all within a very short time frame. All three of these newly proposed express car washes, one of which is already approved, would likely be built within I1/2 years. Accordingly, each approval of a new express car wash, like the Russell Fischer Express Car Wash, will have a substantial detrimental impact on other car wash owners like the Conklin. The unavoidable negative financial impact from operation of the already approved Rocket Express Car Wash, plus the proposed Russell Fischer Express Car Wash if approved, is substantial and potentially devastating. Moreover, there is yet another express car wash proposed in the City of Orange, Oasis Express Car Wash, which is located within approximately 2 miles of Speedie Wash. If the Russell Fischer Car Wash Project as well as these two additional new express wash applicants are approved, in addition to approved Rocket Express Car Wash, Speedie Wash will suffer a 40% loss in current car counts, and there is simply not enough income after expenses to sustain such a loss, thereby devastating the Conklin's family business. Again, as discussed in the article, Respecting the 3-Mile Rule When Starting a Car Wash, the outcome of approving the proposed CUP will be either to: (1) put the new car wash out of business; (2) put the older, existing car wash out of business; or (3) decrease the profitability of both car washes, resulting in mediocre, stagnated businesses. (See, Exhibit B.) Thus, if the City further inundates the community with car washes in too close proximity to each other, at least some of those businesses will fail, and at least some suffer declines in revenue. These negative impacts on existing businesses will be detrimental to the City as well because it will lose tax revenues, lose jobs, and the City's aesthetics will be marred by failed car washes and vacant lots. Vacant lots are aesthetically unappealing and further affect the vitality of business in the surrounding area. Moreover, redeveloping a lot on which a car wash previously operated is expensive and unappealing because the infrastructure required to develop the car wash, such as car wash pits, are built into the site and are unique to the car wash industry. (See Exhibit B.) Thus, a retail developer would be dissuaded from developing on a former car wash site as opposed to another site because of the increased cost, as well as potential environmental issues from the car wash use. Accordingly, the type of business that would be drawn to the property of a failed car wash site is yet another car wash, which in turn would re -inundate an unnecessary and problematic us, creating a cycle of mediocre and failed businesses. 75A-19 This cycle is further exacerbated by the fact that the land that a car wash is built on is considered a "single -use property" by the lender. (See Exhibit B.) Lenders use this designation to evaluate risk. If a site is considered a single -use property, it can't be easily converted for any other use because of the unique car wash infrastructure mentioned above. If a bank lends an owner the money for a car wash and the business fails, the bank is unable to depend on other retail businesses to develop in the conveyor tunnel, for example. The new retail business would require serious financial support to convert the car wash equipment to suit its use. Thus again, by approving the proposed Project, the City will adversely affect the present economic stability and/or the future economic development of property in the surrounding area. (See Exhibit B.) In sum, the reasonably foreseeable consequence of inundating the City with car washes is to reduce the profit margins of each business to the extent at least some will go out of business. This is exactly the devastation the Conklin's fear for Speedie Wash and their future, and which they ask the City to prevent by denying approval of the CUP. This consequence will in turn reduce the City's tax revenue, reduce the number of jobs, and detrimentally impact the vitality of current and future businesses as a result of failed businesses and vacant, aesthetically displeasing properties. Accordingly, approving the CUP will adversely affect the present economic stability and future development of the area surrounding the Project. 4. The Proposed Express Car Wash Will Adversely Affect The General Plan. The foregoing discussions clearly show that the Russell Fischer Car Wash Project is contrary to the health, safety, and general welfare of those residing and working in the vicinity of the Project, as well as adverse to the present economic stability and future economic development of properties in the surrounding areas. These effects are contrary to Santa Ana's General Plan, Land Use Element Goal 1, to promote a "balance of land uses," because the Russell Fischer car wash will oversaturate this specific type of business within the City, and the City residents/visitors are currently, amply afforded car wash facilities and services. With at least 22 car washes (35 car wash facilities when mobile washes are included) already operating in the City, the Russell Fischer Car Wash Project fails to address any basic community need or provide any needed service. The Project is also contrary to Land Use Element Goal 2, "to promote land uses that enhance the City's economic and fiscal viability." As discussed above, the Russell Fischer Car Wash Project, like all car washes, will provide little sales tax revenue to the City, it will directly reduce the viability of existing car washes in the vicinity as well as sensitive neighboring businesses such as the dental office and massage business located only feet away, and provide few employment opportunities. Specific to this Goal is Policy 2.2 — "Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services." With at least 22 car washes already operating in Santa Ana (35 including mobile wash facilities), there is absolutely no need for the Russell Fischer Car Wash Project. 10 75A-20 The Project is also contrary to Policy 2.5 — "Balance the economic and fiscal benefits of commercial development with its impact on the quality of life in the City." As discussed above, there are little economic benefits of car washes, they occupy prime commercial property and provide few employment opportunities within the City. Accordingly, approving the Russell Fischer Car Wash Project is completely contrary to Policy 2.5, as well as 2.6, which is to encourage employment opportunities, and Policy 2.9 — to support developments with safe and attractive business environments, since the Russell Fischer Car Wash Project has adverse environmental impacts, including traffic and noise, which are discussed later in this Appeal. 5. The Council Should Deny the Russell Fischer Car Wash Project. Pursuant to SAMC 41.638, the Council should deny CUP 2019-30 for development of the Russell Fischer Car Wash Project because the Project does not meet the five mandatory requirements set forth above, each of which is required to grant the CUP. II. THE RUSSELL FISCHER CAR WASH PROJECT IS SUBJECT TO ENVIRONMENTAL REVIEW UNDER CEQA. The Russell Fischer Car Wash Project is not categorically exempt from CEQA Section 15332 as an infill development project. Accordingly, the Conklin oppose the Notice of Exemption, Environmental Review No. 2019-69 for this Project. The Planning Commission's determination that the Car Wash Project is categorically exempt is wholly inconsistent with its prior determination that Russell Fischer's 2018 Retail Project for the same properties was subject to CEQA review, and required a mitigated negative declaration ("MND"), as well as a Mitigation and Monitoring Program. A. The Russell Fischer Car Wash Project is Not Categorically Exempt Under CEQA as an Infill Development Project. The Planning Commission made the determination that the Russell Fischer Car Wash Project is categorically exempt from environmental review required by CEQA because it is a "landfill development project." The Commission erred. In order for a project to qualify for the infill development project categorical exemption to CEQA review, the project must meet each of the following five conditions: (a) 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. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value, as habitat for endangered, rare or threatened species. 11 75A-21 (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services. (14 Cal. Code Regs. § 15332). In support of its determination, the Planning Commission found that the Russell Fischer Car Wash Project is consistent with the General Plan and zoning designation (condition (a)), and that it will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements (condition (d)). (See August 30, 2019 Notice of Public Hearing Before the Planning Commission). Contrary to these findings, there is ample evidence showing that the Russell Fischer Car Wash Project contradicts the General Plan Land Use Goals and Policies, and that the Car Wash Project will have significant impacts on traffic and noise. Accordingly, there is not substantial evidence to support the Commission's determination that the Car Wash Project is categorically exempt from CEQA review under Section 15332. Consequently, CEQA environmental review must be completed before the Car Wash Project may be approved. 1. The Car Wash Project Contradicts the Land Use Goals and Policies Stated in the General Plan. As discussed at length above, at minimum the Russell Fischer Car Wash Project does not meet the General Plan Goals and Polices, Land Use Element Goal 1, to promote a balance of land uses, because there are already 35 car wash facilities operating and available in Santa Ana. Rather than creating a balance of land uses, the Russell Fischer car wash will oversaturate this specific type of business within the City, causing significant economic loss to other car wash businesses, including Speedie Wash. Also discussed above, the Project is also contrary to Land Use Element Goal 2, to promote land uses that enhance the City's economic and fiscal viability. As discussed above, the Russell Fischer Car Wash Project contradicts this Land Use Goal because car washes provide little economic benefit since they generate minimal sales tax revenues. Allowing the continued establishment of car washes, including the Russell Fischer Car Wash Project, will result in the immediate loss of potential revenues to the City and the immediate loss of desirable commercial sites throughout the City. The Russell Fischer Car Wash Project will also directly reduce the viability of existing car washes in its vicinity, including but not limited to Speedie Wash. Specific to this Goal is Policy 2.2 — "Support commercial land uses in adequate amounts to accommodate the City's needs for goods and services." With 22 existing car wash facilities in Santa Ana, there is absolutely no need for the Russell Fischer Car Wash Project. The Project is also contrary to Policy 2.5 — "Balance the economic and fiscal benefits of commercial development with its impact on. 12 75A-22 the quality of life in the City." As discussed above, there are little economic benefits of car washes, they occupy prime commercial property and provide few employment opportunities within the City. Accordingly, approving the Russell Fischer Car Wash Project is completely contrary to Policy 2.5, as well as 2.6, which is to encourage employment opportunities, and Policy 2.9 — to support developments with safe and attractive business environments, since the Russell Fischer Car Wash Project has adverse environmental impacts, including traffic and noise, which are discussed in the following section. 2. The Car Wash Project Will Have Significant Impacts on Traffic and Noise. a) The Car Wash Proiect's Revised Traffic Study is Incomplete and Outdated; Current/Complete Data Indicates Significant Impacts on Traffic. In order for the Russell Fischer Car Wash Project to be categorically exempt from CEQA review as an infill development project, the Car Wash Project must not result in any significant effects relating to traffic, noise, air quality, or water quality. Robert I{ahn, P.E. of RIK- Engineering Group, Inc., prepared a peer review of the Russell Fischer Car Wash Project revised Traffic Study, dated May 17, 2019, prepared by Linscott, Law & Greenspan. Attached as Exhibit D is RK Engineering's Peer Review (the "Peer Review"). In light of the Planning Commission's inadequate notice for the hearing on the Russell Fischer Car Wash Project (discussed below), the Conklin were unable to obtain an expert to conduct this analysis before that hearing. At the September 9te hearing, the Conklins requested the Commission to continue the hearing on the Russell Fischer Car Wash Project to afford them and other affected parties adequate time to protect their interests. The Commission did not continue the hearing. In short, RK Engineering ("RKE") finds the Russell Fischer Car Wash Project failed to evaluate critical data, which if included would likely have shown a significant impact on traffic. First, the revised traffic study for the Russell Fischer Car Wash Project failed to evaluate weekend traffic and trip generation data. RK Engineering found that the traffic study only reviewed weekday (7-9 am and 4-6 pm) traffic conditions. Express car washes, like the proposed Russell Fischer car wash, actually have peak traffic generation on Saturdays at approximately 1:00 pm or 2:00 pm. Also, the commercial area around the site would have significant traffic conditions on a Saturday. Omitting weekend data from the traffic analysis has a significant effect on the findings set forth in the revised traffic study. (See Exhibit D, pp. 3-5.) RKE has recently collected substantial trip generation data for other express car washes located in Santa Ana. That trip generation data is included as Table 4-1 to the Peer Review (see Exhibit D). Significantly, the Saturday trip generation for each of the car washes analyzed is 50% higher on Saturdays than during the weekday conditions. Like these express car washes, the Russell Fischer car wash will similarly have weekend trip generations that are 50% higher than weekday conditions, and the revised traffic study omits this data entirely — this is a serious omission that appears throughout the study. In addition, it is possible that the Russell Fischer Car Wash Project could have even higher than 13 75A-23 average trip counts because it is permitted to have freeway signage identifying/advertising its location and use. No other car wash in Santa Ana is known to have such signage. RKE found that the Express Car Wash Trip Generation shown on page 3-82 and page 3-90 (Table 5-1) of the revised traffic study for the Car Wash Project should include a Saturday analysis because the proposed car wash will generate approximately 50% more trips during a Saturday than on a weekday. Likewise, for the Existing Plus Project and Future conditions analysis, a Saturday analysis needs to be evaluated, and tables 8-1 and 8-2 on pages 3-105 and 3-107, respectively, should include a Saturday analysis. Accordingly, RKE found the revised traffic study incomplete because it needs to include a Saturday traffic analysis for each of the different timeframes that are evaluated. Furthermore, the traffic study should utilize typical trip generation for an express car wash during those timeframes to fully evaluate whether the Car Wash Project will have a significant impact on traffic. Second, RKE found that a traffic safety analysis of the intersection of North Tustin Avenue at 4th Street is crucial and must be performed. (See Exhibit D, p. 5.) This particular intersection "has a significant amount of peak hour and daily traffic, and any increase in traffic generated by the proposed project could potentially increase the collision rate at this intersection." (Id.) RKE reviewed the collisions at the intersection and found "the collision rate is significantly higher than would be expected at this type of intersection." Specifically, "[t]he ten year average collision rate at this intersection is 0.37 collissions per million entering vehicles ... [and] the most recent collision rate during the past three years (2016-2018) the collision rate has increased to 0.43 collisions per million entering vehicles." (Id.) Significantly, RKE found that "any increase in traffic generated by the proposed [Russell Fischer Car Wash] [P]ooject could potentially increase the collission rate at this intersection." (Id. and Appendix B, S WITRS data for Intersection of N. Tustin Ave. and 4a' Street.) Third, the site plan for the Russell Fischer Car Wash Project that is shown on page 3-68 of the revised Traffic Study (Figure 2-2) includes a full driveway access on N. Tustin Avenue. This driveway is located approximately 240-feet from the intersection of Tustin Avenue at 4th Street. RKE found this distance to be too close for allowing the subject driveway to provide fall service access with all turning movements, since it would interfere with the northbound left turn pocket on Tustin Avenue. Accordingly, site plan modifications for the Russell Fischer Car Wash Project are necessary to include a fully operative, full service access driveway. Moreover, the revised traffic study provides no explanation on what the Car Wash Project "re-route" is for, as shown on page 3-73 and 3-74 (Figures 3- 2 and 3-3). RKE inquires what aspect of the Car Wash Project caused the re-route of traffic? Since the traffic entering and exiting the Project site is at an intersection that is already extremely congested and accident prone, this clarification is important to evaluate the impacts on traffic. On pages 3-86 and 3-87 of the revised traffic study (Figures 5-3 and 5-4), the Russel Fischer Car Wash Project volumes do not appear to match the Project net trip generation in Table 5-1, and the Trip Distributions on pages 3-84 and 3-85 (Figures 5-1 and 5-2). RKE found that it is unclear how the project only volumes were calculated, and inquired whether the traffic study included the full project trip 14 75A-24 generation minus the net trip generation for the existing uses? The method for this calculation was not included/explained in the revised traffic study, and RYE was unable to decipher it from the text of the report. RKE commented that this is significant because it "could affect all of the traffic analysis for the future conditions with the project." Accordingly, the method used to calculate the project only volumes must be clarified so its accuracy and completeness can be evaluated. Fourth, the 2019 revised traffic study is inaccurate because it does not use current data or current conditions in its analysis of the effects of the Russell Fischer Car Wash Project on traffic. RKE identified this inaccuracy several times throughout the study. For instance, the revised traffic study evaluation of near -term traffic conditions was for the year 2019. RKE found that this is not a realistic timeframe, since it is nearly the last quarter of year 2019 and the Car Wash Project has not yet been approved and would need a period for construction. Accordingly RKE found that a much later time frame should be evaluated for near -term conditions, and suggests an Opening Year of 2020 or 2021. Similarly, the near -term traffic analysis shown on page 3-91 needs to be a more realistic year than Year 2019, since Year 2019 is nearly over. The traffic counts mentioned on page 3-72 of the revised traffic study were taken in October of 2016, three years ago, even though the revised traffic study was prepared in 2019. RKE found that the revised traffic study should have been updated with more current traffic counts in 2019 to reflect existing conditions. The outdated traffic counts affect the overall analysis of whether the Russell Fischer Car Wash Project has a significant impact on traffic. Moreover, the revised traffic study for the Russell Fischer Car Wash Project tools a trip credit for the traffic from the sit-down restaurant building that used to exist on the site at 301 N. Tustin Avenue. RK Engineering found that this would only be valid if the restaurant was in full operation when the traffic counts were taken. Nonetheless, the restaurant closed and the building has been cleared from the site. Since the 2016 traffic counts used in the revised traffic study should be updated to reflect 2019 traffic conditions, this restaurant trip credit cannot be utilized. Accordingly, the trip counts used in the revised traffic study are inaccurate. Lastly, as shown on page 3-82, the traffic study used the ITE (Institute of Transportation Engineers) 9th Edition of Trip Generation rates which was published in 2012. This manual was updated in the ITE Trip generation, 10th Edition published in 2017. RK Engineering commented that the latest manual should have been used since both the original traffic study and the 2019 revised traffic study were done significantly after the new ITE Trip Generation data was available. Accordingly, on page 3- 101, Table 6-2 needs to use the more current ITE loth Edition Trip Generation for all of the cumulative projects. In light of the foregoing, the Russell Fischer Car Wash Project is not categorically exempt from CEQA review as an infill development project because the traffic study is incomplete and outdated, and thus insufficient to support the Planning Commission's determination that the Project will have no significant effects relating to traffic (CEQA § 15332(4)). The review and data provided by RKE shows 15 75A-25 that accurate and complete data could likely show that the Russell Fischer Car Wash Project will have a significant impact on traffic. b) The Commission Did Not Require a Noise Study for the Car Wash Project Prior to Approving the CUP; Data Indicates it Will Have a Significant Impact on Noise. The Commission completely failed to evaluate whether the Russell Fischer Car Wash Project will have a significant impact on noise. The only reference given to noise impacts is the unsupported statement that the Car Wash Project is "designed to minimize noise impacts." Nonetheless, the Commission added as a condition to Project approval, "to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one near after the commencement of operations." (Emphasis added). The Commission unequivocally cannot find that the Russell Fischer Car Wash Project is categorically exempt as an infill development project because it "will not result in any significant effects relating to ... noise," when no noise analysis has been performed to date. The Commission's requirement of future studies on the Car Wash Project's impact on noise is evidence that the Project will likely have a substantial impact on noise, but that the actual noise impact was unknown at the time the Commission approved the CUP for the Project, and is still unknown. RK Engineering comments on the Commission's failure to conduct noise analysis before approving the Russell Fischer Car Wash Project in its Peer Review. (See Exhibit D, pp. 5-6, and Appendix A.) "No preliminary noise study was conducted for the proposed project to prove that it is feasible from a noise impact standpoint. Although the project has been conditioned to prepare a study prior to building permits, a preliminary noise study should be prepared to ensure that the project would not have a significant noise impact to the surrounding areas. Typically noise studies for Express Car Washes are required during the entitlement process, not after the project is approved. Car washes generate a significant amount of noise at both the exit and entrance to the car wash tunnel and at the vacuum stations. This has to be assessed in advance of approval of the project to determine if any mitigation measures need to be implemented and if they are feasible." (Exhibit D, p. 5). RKE further explains that the tunnel for the Russell Fischer Car Wash Project is located at the very south end of 301 N. Tustin Avenue, directly adjacent to an existing office building (171 N. Tustin Ave.) that includes medical uses (i.e. dentist office) and a massage business. RKE notes that these are "noise sensitive land uses and high noise levels can be very disturbing to the medical uses." (Id.) RKE has previously collected noise data from express car washes like the Russell Fischer Car Wash Project, that are also located in Santa Ana. In the Peer Review, RKE states that it has measured 1< 75A-26 noise levels that approach 95 dBA at the opening of a car wash tunnel and over 90 dBA at the vacuum stations, which "[] is a significant amount of noise." (Id.) Attached to the Peer Review are RKE's measurements at a comparable car wash facility. (Id., Appendix A.) RKE concludes that a noise assessment is needed before the Russell Fischer Car Wash Project can be approved to determine the impacts to the adjacent sensitive uses and whether it is feasible to mitigate the noise generated from the Project. (Id. at pp. 5-6.) Vibrations are also serious environmental impacts that were not evaluated for the Russell Fischer Car Wash Project prior to the Commission's approval. Pursuant to their review of the Car Wash Project site plan, RKE found that there is very little space between the car wash tunnel and the adjacent medical building at 171 N. Tustin Ave. Therefore, RKE finds that a vibration impact assessment needs to be determined before the Russell Fischer Car Wash Project is approved. (Id. at p. 6.) Finally, no construction noise impact was included in the Commission's August 9, 2019 staff report, which recommended approval of the Russell Fischer Car Wash Project. As a result of the proximity of the proposed site to the adjoining buildings, RYE firrther found that "a CEQA assessment of the potential noise and vibration impacts and mitigation measures needs to be determined before any approval is given for the construction on the site." (Id.) RKE emphasizes that this too "is a typical requirement for any construction project located in close proximity to other sensitive land uses," and yet the Commission did not require it for the Car Wash Project. (Id.) Failure to meet any one of the five conditions required for the infill development project exemption to CEQA makes this categorical exemption inapplicable and the project subject to CEQA review. Contrary to the Commission's determination of exemption, the Russell Fischer Car Wash Project fails to meet two of the requisite conditions — consistency with the General Plan and no significant impacts relating to traffic, noise, air quality and water quality. Accordingly, the Council should determine the Russell Fischer Car Wash Project is not categorically exempt from CEQA as an infill development project, and in turn require necessary environmental review. B. The Car Wash Project Is Not a Categorically Exempt Infill Development Project Because the Significant Effects Exception to this Exemption Applies. Infill development projects that meet the five required conditions set forth in 14 Cal. Code Rags. Section 15332 are categorically exempt from CEQA review because such projects are within "... a class of projects that the Resources Agency determines will generally not have a significant effect on the environment." (Communities,for a Better Environment, supra, 103 Cal.App.4th at p. 127.) The Court of Appeal in Azusa Land Reclamation Co. v. Main San Gabriel Basin Watermaster (1997) 52 Ca1.App.4th 1165, similarly explained "a categorical exemption identifies `a class of activities that does not normally threaten the environment'." (Id. at p. 1206.) 17 75A-27 That said, the CEQA guidelines anticipate the over-inclusivity of categorical exemptions, such as the infill development exemption claimed by the Commission to apply to the Russell Fischer Car Wash Project, but interestingly, not to the 2018 Russell Fischer Retail/Restaurant Project proposed for the same site. The guidelines address the problem of "over-inclusivity" in categorical exemptions by establishing a list of exceptions to the exemptions. The City adopted Local Guidelines for Implementing CEQA ("Local Guidelines") in 2019. These exceptions to the categorical exemptions are reflected in section 3.22 of the Local Guidelines (See Resolution No. 2019-050). The Local Guidelines state: "All classes of categorical exemptions are qualified. None of the categorical exemptions are applicable if any of the following circumstances exist: (1) The cumulative impact of successive projects of the same type in the same place over time is significant; (2) there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances." Even if the Russell Fischer Car Wash Project met the five conditions for the infill categorical exemption, two exceptions to that exemption apply: (1) the cumulative impacts exception (14 CCR § 15300.2(b)), and (2) the unusual circumstances exception (14 CCR § 15300.2(c).) These exceptions are address in tarn below. Even if the Car Wash Project was categorically exempt, the exception from that exemption applies because the Commission failed to consider the cumulative impact of approving numerous car washes all within close proximity — roughly a 2-mile radius. (See Exhibit A.) For instance, the City just recently approved Rocket Express Car Wash at 1703 East 17`h Street. The City is considering approval of the Russell Fischer Car Wash Project at 301 and 325 N. Tustin Avenue. Two additional applications for new car wash developments have been submitted to the City including one at Grand Avenue between 17`h Street and Fairhaven Avenue, and another at N. Tustin Avenue and Santa Clara Avenue. (See East Peninsula Educ. Council, Inc. v. Palos Verdes Peninsula Unified Sch. Dist. (1989) 210 Cal.App.3d 155 [The district failed to evaluate the cumulative impact of additional school closures when determining the school closure at issue was categorically exempt from CEQA. The court set aside the approvals and required the district to evaluate the cumulative impacts in determining whether the physical changes were categorically exempt].) The Russell Fischer Car Wash Project, even if it meets the general requirements for the infill development exemption, is nonetheless subject to CEQA review because the unusual circumstances exception to categorical exemptions applies. This exception was confirmed in Friends of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247 (Friends of Mammoth). There, the Supreme Court explained that the majority of private projects for which a government permit or similar entitlement is necessary are minor in scope and thus have little or no effect on the public environment, but when they do have a significant effect on the environment, such effects will be due to unusual circumstances. (Id. at p. 272.) 18 75A-28 Like the Russell Fischer Car Wash Project, Communities for a Better Environment, supra, 103 Cal.AppAth 98, concerned the in -fill development exemption under section 15332. In explaining that environmental effects not mentioned in section 15332, such as aesthetics or health and safety impacts, must be considered in determining the exemption's applicability, the court said: "These other environmental effects ... would constitute `unusual circumstances' Linder this exception for a project that otherwise meets the Guidelines section 15332 criteria. This is because a project that does meet the comprehensive environmentally protective criteria of section 15332 normally would not have other significant environmental effects; if there was a reasonable possibility that the project would have such effects, those effects would be'unusual circumstances' covered by the section 15300.2, subdivision (c) exception." (Id. at p. 129.) Such would be the case here, even if the Russell Fischer Car Wash Project met the general requirements for the infill development exemption, because there is a reasonable possibility that the car wash will have a significant effect on the environment due to the substantial vibrations the car wash will cause to nearby properties. This impact is discussed in the RKE Peer Review. (See Exhibit D). The Car Wash Project will also release chemicals into the air and water. Therefore, the "unusual circumstances" exception to the categorical exemption applies. C. Russell Fischer's Original 2018 Retail/Restaurant Project for the Same Site Required an MND and a Mitigation and Monitoring Program. The Commission determined that the 2018 Retail/Restaurant Project originally proposed and approved for the same site as the Car Wash Project (301 & 325 N. Tustin Avenue) required a mitigated negative declaration ("MND") under CEQA, including technical studies for traffic, air quality and greenhouse gas emissions analysis. The 2018 Retail Project was found to require the implementation of mitigation measures for cultural resources, hazards, and tribal and cultural resources that would be implemented through a Mitigation Monitoring and Reporting Program (the "2018 Mitigation Program"). The MND found potential cultural resources impacts during construction, and the possibility of previously unidentified archaeological, paleontological or geologic deposits, for which an expert must be afforded the opportunity to analyze in accordance with CEQA. Attached as Exhibit E is a letter dated June 12, 2018 from the Gabrieleno Band of Mission Indians-Kizhnation, to the City Planning & Building Agency re the impact of the Project on tribal cultural resources. These potential impacts are equally possible for the Car Wash Project. As discussed above, the 2018 Retail Project and the revised 2019 Project are largely similar. Thus, it is unclear how the Commission and City determined the 2018 Retail Project subject to CEQA review, prepared an MND, and required a Mitigation Program, and found that the 2019 revised Project would not have this same potential, and thus similarly require CEQA review. 19 75A-29 III. THE COMMISSION ERRED IN GRANTING THE VARIANCE AMENDMENT BECAUSE ITS DECISION WAS NOT SUPPORTED BY SUBSTANTIAL EVIDENCE AND IT CONSTITUTES AN IMPERMISSIBLE SPECIAL PRIVILEGE. The Council should deny, as part of the Russell Fischer Car Wash Project, the Amendment to Variance No. 2018-10, because it constitutes an impermissible grant of special privileges to the Project applicant, Russell Fischer that are intended to allow him to build a massive car wash and optimize its "operational efficiency" and afford Russell Fischer "the highest possible return" on its investment. Russell Fischer's 2018 retail/drive-thru restaurant project, which was approved by the Commission for development at the same properties (301 and 325 N. Tustin Avenue) included Variance No. 2018-10 to reduce the setback requirements only for 325 N. Tustin Avenue. Russell Fischer did not apply for a variance for development of 301 N. Tustin Avenue as the originally proposed retail center with drive-thru restaurant. Attached hereto as Exhibit F are the relevant pages from the September 24, 2018 Planning Commission Staff Report for the 2018 Retail/Restaurant Project. Per the Commission's Staff Report for the September 9, 2019 hearing on the Russell Fischer Car Wash Project, the applicant sought Amendment to Variance No. 2018-10, "to also include 301 North Tustin Avenue." Attached as Exhibit G are the relevant pages of the September 9, 2019 Planning Commission Staff Report for the Russell Fischer Car Wash Project. The Applicant's "justification" for seeking this Variance Amendment to reduce the 15-foot setback and 2-foot dedication required along Tustin Avenue on 301 N. Tustin Avenue, where the car wash will be developed, is clearly stated in the Variance Application Russell Fischer submitted to the Planning Department: "The city has directed the applicant to locate the carwash tunnel against the southern property line so as to improve street access and internal circulation based on the city's evaluation; in doing this, keeping the 15' setback requirement in addition to the 2' dedication being granted to the city would reduce the carwash tunnel length to an unacceptable length in terms of its operational efficiency." Attached as Exhibit II is Russell Fischer's Variance Application for the Car Wash Project at 301 N. Tustin Avenue. Russell Fischer further explains why the Variance Amendment, which will reduce the required setbacks and dedications on 301 N. Tustin Avenue, is necessary for the Car Wash Project: "If the landscape reduction is not approved, the applicant would be denied the opportunity to develop his property to create a carwash facility that is designed to operate 20 75A-30 at the highest efficiency, and with the highest possible return on the considerable investment required to develop a state -of -the art express carwash." SAMC Section 41-638 provides that the Council and Planning Commission may grant variances from provisions of the Municipal Code when it appears that all of the following have been established: (i) That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter; (ii) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one (1) or more substantial property rights; (iii) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or injurious to surrounding property; (iv) That the granting of a variance or minor exception will not adversely affect the general plan of the city. The City has interpreted SAMC Sectin 41-638 to have the same meaning as Government Code Section 65906 as interpreted by our Supreme Court in Topanga: "The zone variance procedure is intended to provide relief from zoning ordinance regulations that result in unintended inequities or hardships when applied to specific properties and must not be a grant of special privilege." (See Exhibit H, § III.) "[T]he critical issue [is] whether a variance was necessary to bring the original real party in interest into substantial parody with other parties holding property interests in the zone." (Topanga Assoc. v. County of Los Angeles, supra, 11 Cal.3d at 520.) "In the absence of comparative information about surrounding properties," the data that the Commission purported to rely on to grant the variance "lack[ed] legal significance." (Id.) The Commission may not "assume without evidentiary basis that the character of neighboring property is different from that of the land for which the variance is sought." (Id. at p. 521.) "Since there has been no affirmative showing that the subject property differs substantially and in relevant aspects from other parcels in the zone ... the variance granted amounts to the kind of `special privilege' explicitly prohibited by [SAMC Section 41-638 and] Government Code - Section 65906. (Id. atp. 522.) The Variance Amendment for the Russell Fischer Car Wash Project is only necessary for development of the massive express car wash on 301 N. Tustin Avenue and so Russell Fischer can maximize the operational efficiency of the car wash and its profit; it was not sought by the Applicant for development of the retail center and drive-thru restaurant on the same site one year ago. Moreover, 21. 75A-31 nothing in the September 9, 2019 Staff Report or in the record establishes that the Variance Amendment is necessary to put the property in parity with surrounding properties. There is no evidence of how any of the surrounding properties are different from 301 N. Tustin Avenue. As stated by Russell Fischer in their Application for the Variance Amendment, the purpose of the Variance Amendment is simply to allow them to put the mega car wash on this particular lot so that they can maximize their profits. This has nothing to do with special circumstances applicable to the property and everything to do with granting Russell Fischer a special privilege that is prohibited by the Municipal Code. IV. THE COMMISSION'S NOTICE OF THE HEARING ON THE PROJECT WAS INSUFFICIENT TO AFFORD AFFECTED PERSONS A FAIR OPPORTUNITY TO RESPOND AND VIOLATED THE CONKLINS' RIGHT TO DUE PROCESS. The Commission did not provide notice of this Project until August 30, 2019 — only 10 days before the subject Planning Commission hearing on the Project (the "Notice"). The Notice, however, was mailed only to property owners and occupants within 500 feet of the project site, plus posting at the site and a newspaper publication. The Conklins, as well as most if not all other car wash owners in the City, were not within the notification radius and yet they will be directly and detrimentally affected by the Commission's proposed approval of the CUP allowing development of the new express car wash at the Project site. In fact, Ms. Conklin only indirectly obtained the Notice because although she had inquired to the City about this particular Project on several occasions, she was not included in the notification list. It is believed that most if not all other car wash owners, as well as numerous other affected individuals and businesses, within the City had no knowledge of the hearing before the Commission or its decision. In this case, due process protections required the Commission to provide sufficient notice that was "reasonably calculated to afford affected persons the realistic opportunity to protect their interests." (Horn v. County of Ventura, (1979) 24 Cal.3d, 605, 617.) Ten days was an insufficient amount of time for the Conklins or other affected persons to adequately prepare by way of document review, research, experts and research into the proposed Project, which completely changed from the retail and restaurant development approved by the City in November 2018,.to a supersized express car wash, that will directly and detrimentally impact Speedie Wash. The Conklins were unable to obtain documents from the City, hire experts, conduct research, and even meet with other affected business owners before this meeting. Moreover, in or about the end of June, Ms. Conklin heard a rumor in the car wash community that Russell Fisher LP was proposing to build a new, supersized express car wash on his Property. At that time, Ms. Conklin contacted the City to inquire if that was the case because the Project documents available on the City website reflected the 2018 Retail/Restaurant Project. The City informed Ms. Conklin that only the 2018 Retail/Restaurant Project was before the City. 22 75A-32 Contrary to the City's representation at that time, the City received the revised plans for the Car Wash Project on April 26, 2019, received payment from Russell Fischer for review of the Car Wash Project on April 26, 2019, and the City's Planning Department submitted a "Discretionary Action New Submittal" memo to various City departments on May 1, 2019 regarding the newly revised Car Wash Project. A true and correct copy of documents from the Planning Department's file showing these dates is attached hereto as Exhibit I. The City also received a "Revised Focused Traffic Impact Analysis Report" from the Applicant, dated May 17, 2019, for the Car Wash Project. In other words, unbeknownst to the Conklins and the public generally until 10 days before the Commission's September 9ts hearing, the previously approved 2018 Retail/Restaurant Project had been completely revised from a service station, convenience store and multi -tenant commercial building, to a service station, convenience store, and an express car wash with a 4,354-square foot tunnel and 20 vacuum bays. Despite Ms. Conklin's direct inquiry, the City did not apprise her of the fact that the proposed Project was being revised to include a massive new car wash, rather than a multi -tenant commercial building and restaurant, and demolishing the existing small car wash, even though the revised project had been in the works at the City for more months. (See Exhibit L) In light of the fact that the Notice radius did not include the Conklin or most other car wash owners within the City (possibly none were included), the substantial revisions to the Project from the retail building and drive-thru restaurant approved in 2018, the Conklins' inquiries to the City regarding rumored revisions to the Project, and the direct impact of the Project on the Conklins, the 10-day notice afforded by the Commission was unreasonable and inadequate because it was not "reasonably calculated to afford affected persons the realistic opportunity to protect their interests." (Horn, supra, 24 Cal.3d at 617.) V. THE 2018 RETAIL PROJECT WAS A PRETEXT FOR THE CURRENT PROJECT EXPANSION. In 2018, Richard Finkel, representing the Project Applicant, Russell Fischer LP, requested approval of a general plan amendment to re -designate 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC), an amendment application to rezone 301 and 325 North Tustin Avenue from Professional to General Commercial (C2), a conditional use permit to allow an eating establishment with drive -through service at 301 North Tustin Avenue, and certain variances (collectively, the "2018 Retail Project"). In order to develop the 2018 Retail Project, the Applicant proposed to demolish the then existing restaurant, service station, car wash, and convenience store buildings and to construct a new service station, convenience store, and multi -tenant commercial building on both properties. This was the proposal that Russell Fischer published and proposed to the community in 2016, and for which a Sunshine Ordinance Community Meeting was held on December 3, 2016 23 75A-33 Particularly noteworthy is that the commercial building would be constricted on 301 N. Tustin Avenue, and include a "1,258 square foot eating establishment with drive -through service." The drive through lane was designed to "wrap around the entire building, with the entrance at the south end of the building traveling up and around the east elevation." The Drive through lane met the City's stacking requirements and allowed for approximately 15 cars to queue. (See Exhibit F.) Similarly, the massive express car wash for the 2019 revised Project approved by the Commission, was also situated on 301 N. Tustin Avenue. The car wash tunnel is located adjacent to the southern property line, just like the drive -through for the 2018 Retail Project, and follows along the east side of the property to exit. The stacking lane for the car wash also allows for approximately 15 cars to queue. Attached hereto as Exhibit J are the site plans for the 2018 Retail Project and the 2019 Car Wash Project. These plans illustrate the dramatic similarity between the drive-thru restaurant and the large express car wash. This is brought to the Council's attention because it is believed that the Applicant initially proposed the project plan with the drive-thru restaurant to manipulate the Commission and ultimately the City into granting the general plan amendment that re -designated the 301 N. Tustin Avenue to General Commercial, and to rezone 301 and 325 N. Tustin Avenue from Professional to General Commercial (C2). This amendment and the zone change were necessary because in order to approve the CUP for the 2018 Retail Project for the drive -through restaurant, the General Plan Land Use designation and the zoning designation had to be consistent. It is believed that the Applicant always intended to develop the express car wash proposed in the 2019 revised Car Wash Plan, and only submitted the original 2018 Retail Project plans because the Applicant anticipated less opposition (or no opposition) to a retail building and a drive-thru restaurant than a supersized express car wash. In fact, it is noted in the Commission's staff report for the Project that "the property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County." (Staff Report, p. 3-4.) Unlike the property owner/Applicant, Chace Russell/Russell Fischer LP, the Conklin's only own Speedie Wash, and thus do not have other successful car washes to help absorb any future losses it may suffer. Moreover, Richard Finkel, the individual representing the property owner and Applicant Chace Russell/Russell Fischer LP, is a member of the Irvine Advisory Group committee ("IAG"). The Irvine Advisory Group is a consultancy headed by Paul Dadgar that has specialized in all facets of the carwash industry for over 25 years. The listed services of the IAG are to "provide[] assistance and independent analysis to operators currently in the carwash industry, developers, US and International investors.,." Attached hereto as Exhibit K is bio information on Richard Finkel and the IAG. 24 75A-34 In light of the substantially similar site plans for the 2018 Retail Project and 2019 revised Car Wash Project, and the background of the property owner/Applicant and his representation in obtaining Project approvals, it is suspect that the 2018 Retail Project proposed demolishing the existing small car wash and developing a retail building and drive-thru restaurant. The Conklins encourage the Council and the City to investigate this suspect approach to obtaining necessary Project approvals. VI. THE COUNCIL SHOULD CONSIDER A MORATORIUM ON CAR WASHES In 2018, the City of Escondido found that car wash business owners and operators have experienced steady growth from approximately 2012 to 2018, as the economy began to recover and car ownership increased. At the same time, lower gas prices translated to a greater amount of personal car use, which had a cumulative positive impact on car service -based businesses. Car demand, however, is expected to slow and has begun to in areas. Thus, oversaturation of car washes in Santa Ana is of particular concern, as it was in the City of Escondido. In fact, Escondido adopted a moratorium on car washes and ultimately stricter regulations to protect their city. Attached as Exhibit L are documents from the City of Escondido pertaining to their car wash moratorium. The oversaturation of car wash uses in Escondido was particularly concerning for the following reasons: (1) car washes generate little sales tax revenue for the City; (2) car washes employ few employees and thus utilize prime commercial properties without providing employment opportunities within the City; (3) wages paid to car wash employees do not raise the median income within the city; and (4) car washes are aesthetically unappealing and the sites are difficult to redevelop. Santa Ana is quickly becoming the car wash capital of Southern California. For these reasons, it is strongly urged that Santa Ana consider a moratorium on car washes to protect the City's economic stability and future economic development. VII. CONCLUSION In light of the extensive facts, evidence and law discussed above, the Conklins request the Council to reverse the decision of the Commission and to deny Russell Fischer's application for CUP No 2019-30 and the Variance Amendment to allow the development of a massive car wash at the — Property. It is also requested that the Council reverse the decision of the Commission and find that the Car Was Project is not categorically exempt and that CEQA environmental review is required. In addition, the Council should reverse the Commission's approvals because the notice provided for the Commission's hearing was inadequate and violated the Conklin's right to due process. Finally, the Council is urged to impose a moratorium on additional carwashes in the City and to investigate the suspect nature by which the Applicant obtained the General Plan Amendment and zone change discussed above. 25 75A-35 On behalf of the Conklins, thank you for your time and thoughtful consideration of their Appeal from the Commission's approval of the Russell Fischer Car Wash Project. Submitted By: ( tJ A 0 Q/lAJ\_— WillianYC'onklin, Owner of Speedie Clean Express Car Wash Sincerely, I Kara E. Grant Attorney at Law Ka6a Rangel Conklin, Owner Speedie Clean Express Car Wash 26 75A-36 EXHIBIT A 75A-37 C C4 • in N M N Ci v'i N -' O — Vi Vi ry r•i r� aCi y w+ A v u 7 v C N N '•C vi N N W V1 0, vl W 0 vi [V <^. [ti C+ vi `n M kn A C ti a � .� �� ��In y A ,. �" L C!J N a 0 a% r d .� y� a w o y r t- N a rs W �,OaryF N �u,C7Ca� F.FW�rZ2r rA z N N n v1 O VS N Fr.7 1 t1, O O O 00 m a)ry N 4y n •f. y cp U 4. J i. 3 N tJ U ,O p r W. ICI x u a� W kW a CAq H CU xav my a q�' W y C7 cys n 7 4 Vj c4 � � VS J7 G V1 F cv r n o n W er. -• ry M y r n ao a 75A-38 N D,. r. m D`. N �_ v v �•� � � o o M FA u ,...r. A G CL7 G w o W enU N n M M M~ O W U U •b rm Q N ti m vj � vi G G c] 'd U u � Q YJ 7D F.•F e D ti N J C v -0 NU' U G C.: '""' �+ R•,Yy N C L) .] Q O G 3 _ © NJ o rx :0 O 1�4 T�-qnrrj N "D [V [`- N �C1 N D+ c<I C M .• [*1 NM t•7 1*1 r t�l M Spa f'� M 75A-39 IPMisI11010 Iglu 75A-40 a T O m+, Wi4.SH WORKS" H :l If mf 14 il IlliT ' ROAD -MAP TO SUCCESS MORE IPMWERTM Demographics Zoning............................. ........._.... Property Size Available Space Visibility & Exposure ...... ...••.•••.•..• +� Traffic Count ............... Traffic Speed Traffic Patterns .... Ingress & Egress (Entrance & Exit) The Community Nearby Detail Competition..... ffiSpace for Diversification mCost of Property or Lease Reports - Entitlements, Permits Utility & Sewer ................_ _........ _. Local Sign Ordinances Off -site Improvements Environmental Status of Site Final Evaluation of Site • . ........ -- ....-..•.................... Awk aw 4 Cvpynghr 1016 Grsndvl NW14. Fri nnMd WPM PlIM4%WkP1 from PMjrMkww CW'w#0Ap i 9eroftMp' M.+ga11 nr 75A-42 f ! 1 1 r f TT. . iLT1L 717 .�_ t_51L Il_vl . aToW, ZONING What is the current toning? Is It presently eommerclal, or will re -zoning be required? It is difficult, time-consuming and expensive to get a property re -zoned from residential to commercial. Usually, the city or county will not consider re -zoning a properly for the use of a carwash. PROPERTY SIZE The property size is extremely important- You want to determine the acreage and actual dimensions The Ideal site for a tunnel car -wash is approximately one acre. Additionally, d minimum of 225 feel will be required irr one direction to allow for at least a I25•foot conveyor. The hest situation places the largest side of the prop- erty oriented along the road for maximum visibility to passing traffic. AVAILABLE SPACE If the plan is to build an express exterior model, you need sufficient room for vacuum pads, queuing lanes and turning radius's. If you want to build a Flex -service, room is required for the post vacuum and finishing area(s).. Duilding on less than an acre is certainly possible: how- ever, everything will be reduced in size, and It becomes more difficult to perform at a high volume The pro- posed length of the tunnel Is also important because the longer the tunnel and conveyor, the faster you can run your line speed and process more cars per hour. In express exterior washes, you need space account for proper space in the drying area to ensure a dry car In addition, it has been determined in Express Exteriors that the more vacuum pads, the better the operation. 1211111111, C {opyarghl M16 Grandview h7 ed 12. xrpr rated wnh permn%ro rrum Proressranar Carwa rhinq 6 oAt*&np• V m � r,ne 75A-43 VisibiUSy and expasum mwe cr bicaL.. if yourreourr of s`ft.A you're curt of HIMH! VISIBILITY Visibility and exposure are critical. It it's out of sight, it's out of mind. You may not want to build behind a service station or another type of business. For example, you do not see a McDonald's or a major gas station out of view. Ideally. locate the building out in front and build it parallel to the main street. If dimensions require the tunnel to be built perpendicu- lar to the street, try to get the building (entrance or exit} close to the street for visibility - TRAFFIC COUNTS Traffic counts are something investors and developers may put a lot of emphasis on. Even though we would father have higher traffic counts than lower traffic counts, this variable is not nearly as vital as demograph- ics. Keep in mind traffic is coming and going — usually heading to work or returning home — and many drivers do not want to get off of the highway to get their cars washed. We have seen car washes with extremely high traffic counts not performing the required volume because they did not have the population- On the other hand, we have also witnessed lower traffic counts with sufficient population performing high -volume counts - Sometimes, real estate brokers and parties selling their products/services will put importance only on high traf- fic counts and do not have the experience or know how to advise if a property should really be considered. TRAFFIC SPEED Traffic speed is important. For Instance, if the traffic is going 50 mrles per hour or more, drivers are usually going too fast to view the facility or to ever) want to turn in. It is also difficult for vehicles to exit the property into fast-moving traffic. Try to shoot for speed limits less than 45 MPH - THE COMMUNITY - TRAFFIC PATTERNS Adjacent surroundings and communities are also note- worthy considerations. You should drive around and observe the businesses, shopping centers, strip malls, office buildings and residential areas. Bear in mind if the property is in an industrial area, you may only be privileged to the existing traffic on week - clays. On weekends, when you project your highest vol. ume, streets could be bare and empty of any vehicles. When driving around the residential areas, you want to view the housing, apartments versus homes, and the types of vehicles parked on the streets. Is the neighbor- hood deteriorating? Are vehicles so dirty you cannot clearly see their color? Will the neighborhood be willing and able to patronize a car wash regardless of price? TRADE BARRIERS Within a 3 mile radius, there may be traffic patterns or "trade barriers" that divide a proposed location and the competition, even though the locations are geographi- cally close to each other. Typical trade barriers may be divided highways, one way roads, rivers, neighborhoods, traffic patterns that favor one shopping, center over another. ENTRANCE AND EXIT POINTS The ingress/egress, which Is the entrance/ exit for the property, has to contribute to producing high volume. Is there a center median where vehicles have to go to the next Intersection and make a U-turn? This will reduce the amount of customers who will consider patronizing your business. Is the property on a service road where the vehicle has to leave the main street to enter a service road and then repeat the process getting back on the main street? All of this should be taken into consideration in analyzing the ingress/egress. You want It to be as easy as possible to get on and off your site. NEARBY RETAIL AREA Business breeds business. If you are near other retail businesses, then there are additional draws to the area. Try to find an area that has fast food and retail shopping. For example, a successful strategy has been to harness the destination draw from Big Box retail stores and lo- cate a car wash on one of their out -lots. NEARBY COMPETITION Competing car washes in a three mile radius must be seriously considered as threat or deterrent to your proposed site. visit all of the local washes that are not service stations or self serve washes in your 3 mile radi- us and assess them as a competitor. If your plan is to build an express exterior wash, can existing full -serves have the possibility of converting to an express or flex -serve? Are there already express loca- dons within the marketing area? AMIL o [ppynght 2at6 ci.)adV,ew Mem3, Rrannitd wR11 permiswin from Frafmilomai UarwLrAkV i Vemof * Marge in 75A-44 NEARBY COMPETITION-conrfnued Remember, whatever the population is in a three-mile radius, divide that into how many tunnel washes, including your potential site, that are in the area. For instance, it the population is 30.000 and you will be the third tunnel wash in the area, that reduces the population to approximately 10,000 for each location. In our opinion, there is too much competi- tion for the population in this example. SPACE FOR DIVERSIFICATION Is there space for diversified or additional services or sales? A drive-thru fast food restaurant or a quick coffee shop could be compatible with an express exterior model. COST OF PROPERTY OR LEASE The cost of property or proposed ground rental on a lease agreement certainly has to be taken into consideration regard- ing your total investment cost or the monthly expense of your operation. In the article "Site planning; Adding to the carwash experience," featured in a past issue of Professional Carwashing & Oetailing, an expert interviewed for the article noted that sitEs selection Is no time to penny -pinch, adding, "Never be cheap when choosing a property-" He could not be more accuratel If the site is right and projections show it could gen- erate high volume, it is worth paying an additional amount to obtain the property or to agree to a higher monthly lease rate simp$V because there is no substitute in obtaining a great site. Whatever amount you have to pay for the desired property will be amortized over many years of operating. Inthe scheme of things, it will only require a minimum amount of increased vaiume to offset a high cost for the property or additional lease rate. REPORTS AND REVIEWS You certainly want to check with the city or county planning department to determine the required entitlements, per- mits, setbacks, landscaping requirements, etc. You also want to review a preliminary title report to determine recorded underground easements, existing property liens or encumbrances. You or your architect do not want to be surprised to discover underground easements where you are planning your im- provements. Typically, it is difficult to get utility companies to agree to rerouting existing easements. It is also extremehr expensive to do so even with their permission. Utility and sewer locations have to be determined because bringing these lines into the proposed site could be expensive. Your Architect will need a site survey and a topographical survey in order to review your site. Legal boundaries and grades need be reviewed — are the grades too high or too Icw7 If you have to remove or bring in dirt, it adds to the cost of your development. OFF -SITE IMPROVEMENTS The same is true for off -site improvements. If there are no sidewalks, curbs, gutters or area lighting, this cost could easily run into the hundreds of thousands of extra dollars. UTILITY AND SEWER - FEES AND LOCATIONS Understanding the location of incoming utilities is a must. They could determine your specific site layout as well as add unexpected costs to the project. Water and sewer tap fees can have a wide range, from 510,000 to upwards of $150,000 or more. LOCAL SIGN ORDINANCES Are you planning on having a programmable LE.I). sign at She street You better check the local ordinance with city council, because many municipalities do not allow L.E.D. street signs. What size sign are you allowed to have? How high can It be? All are questions you will need to ask and understand moving forward. ENVIRONMENTAL TESTING AND FEASIBILITY Your proposed site needs to be tested. It needs to be investigated and tested to ensure that there is no environmental contamination, such as buried fuel oil tanks, or gasoline leaks. If it is contaminated, hnd out how much will it cost to clean up and re -mediate the site, Also, a geological report will analyze the soil on the property so the architect and en- gineer can properly design the building's foundation and determine drainage requirements. Hire local engineering firms who specializing in environmental testing to obtain this Information You need to uncover these potential hidden costs. d CwY'$VIt 1016 Grandnew Media, Reprinted w4hh permission From Projessionoi cama3hinq & ✓1ernFr0np" Mar•N •'� 75A-45 Finally, you must analyze the site, is the property and location viable far an express exterior, full -service or flex -service? Is there a real need far this type of business in your desired location and community? Most importantly, should you proceed or pass and keep searching? And, what should you expect if you do go ahead and commit yourself to the cost of the property ond building the facility? At this point, you would want to prepare a projection statement with what you believe would be reasonable volume, gross income and expenses. We have a far Wash Preforma profit and toss Statement & ROl Statement document, based on industry averages, along with site specific analysis as proposed, that we can supply for you in order to help you with your decision. We have witnessed many successful car wash protects, and, we have seen a few mistokes with building tunnel car washes. Some have been minor errors. Others were major errors. Make sure you perform due diligence in the site seler. don process to ensure that your new business will have the highest potential to be Successful. If the location measures up, and if built and operated properly, a carwash can be incredibly lurrativel Need heV ? Mu wr Clby Is here fcw fflm r Site Selection With our tears of industry veterans, we can assist you in selecting the perfect "A" site location so thdl you can maximize your potential. Business Model Clarification Full Servico? slex? rxpress2 No Worries, we can help you in defining the hest business model for your needs Revenue Generating Not every wash is the same We can guide you to what revenue generating options you need to maximize your revenue per car 75A-46 YES NO ski lqeo DEMOGRAPHICS ❑ ❑ ZONING ❑ ❑ PROPERTY S12E ❑ ❑ AVAILABLE SPACE ® ❑ SVISIBILITY & EXPOSURE i__I ❑ THE COMMUNITY ❑ El NEARBY RETAIL ❑ ❑ TRAFFIC COUNT ❑ ❑ i r COMPETITION ❑ DIVERSIFICATION ❑ ❑ PROPERTY/LEASE COST ❑ ❑ REPORTS ❑ ❑ UTILITY&SEWER ❑ ❑ LOCAL SIGN ORDINANCES _J ❑ OFF -SITE IMPROVEMENTS ❑ ❑ ENVIRONMENTAL ❑ ❑ FINAL EVALUATION ❑ ❑ NOTES 75A-47 f OTI=vo w.asfWORKS ` MARE WASH POWERTM Motor City Wash Works, Inc. 48285 Frank Street Wixom, Michigan 48393 USA t 866-362-6377 6248,313.0271 ® sales@motorcitywashworks.corn Q motorcitywashworkc ram CaWVw•A01fY C,"W Wa Y MF,y %�� wM v MAWv W d" w^w.n+ae.a MAY 17 2019/TIPS RESPECTING THE 3-MILE RULE WHEN STARTING A CAR WASH 75A-49 Respecting Car Wash the 3-Mile Rule When Starting a Car wash owners are a unique breed of individuals. Anyone who enters the industry thinking that owning a car wash will be a passive source of income quickly learns that it takes grit to build and run a successful car wash. Even if you have a supportive staff of management, you may still work and ove rwork you rself to stay above water. But, like the mud, grit and grime that it's your business to wash away, your hard work can seemingly drip down the drain if a new competitor comes into town. Car Wash Capture Is All About Location Unlike some other local businesses that merely require a warm body with cash in hand who is interested in your product or service, the car wash industry is very much dependent on vehicle access. Without a dirty car driving up to your location, you have no business. 75A-50 This means that a successful car wash will probably be wherever the cars are. More cars equal more business. With only so many main roads in a given city that have the highest level of traffic„ competition can be fierce with other car wash owners. The scarcity of ideal spots for a successful car wash .(ttps;//www.carwash.com/site-selection-critical-in-building carwash/)_ may mean you'll find yourself sizing up a rival from across a dusty landscape while you lean against the doorpost of a local saloon. You maintain a steady gaze and stance while you spit out a toothpick with a quivering finger on your six-shooter and a gravelly voice hardened by the merciless desert into a low growl. "This The Problem with Building Too Close to Competition M It may be a hard, cruel world of cutthroat business tactics to get an edge in your market but sometimes the free market rewards a little karma to the greediest among us. According to Anthony Analetto, building too close to a competing car wash is one such Instance. In his 10 Mistakes People Make When They Start a Car Wash Business _(b_ ps /&v so nnysdirect.com/3D_mistakes_p ople_make_when s #2 on his fist is stealing another car wash owner's business. 75A-51 The problem with this is that the land that a car wash is built on is considered a "single -use property" by the bank. Lenders use this designation to evaluate risk. If a site is considered a single -use property, it can't be easily converted for any other use. Infrastructure, such as car wash pits (which is Pit Crew's cleaning. s_pecialty_(http:/1_pitcrew.com/process/).),are built into the site and are unique to the car wash industry. If a bank lends an owner the money for a car wash and the business goes belly up, the bank can't depend on a hair salon to set up shop in the conveyor tunnel and begin offering in -bay automatic hair washes. The hair salon would need some serious financial support to convert the equipment into hair washing and hair dressing tools... or else itjust isn't happening. So the hypothetical situation has the potential to play out like this you build a car wash across the street from a successful car wash, hoping to steal their business. One of three scenarios is possible; 1. They put you out of business because they are more well- known 2. You put them out of business because you're shiny, new and ready to impress 3. Both you and your competitor limp along with mediocre, stagnated business The problem with this is that, even though #2 sounds like the ideal situation for you, it could come back to bite you. As soon as your competitor goes out of business, the bank is going to be looking 75A-52 for another car wash company that can scoop up the property. Chances are, your new neighbor could size you up for your weaknesses and do to you what you did to your corn petition. What to Da Instead to Crow Your Business 5o, if building too close to another car wash is a bad idea, what should you do? Many car wash owners consider the 3-mile rule to be the law of the land. It is both a courtesy rule and a way to avoid the pitfalls of too many hands in the same cookie jar. If you can't pick your ideal location for a car wash because someone else beat you to it, find a place that is almost just as good. If you are focused on good business principles for your car wash https-//pitcrew.com/S-business-tips-for-new-car-wash- owners/]., you could end up building a car wash that is good enough for people to go out of their way to visit. UP NEXT 75A-53 THREE BUSINESS TIPS FOR NEW CAR WASH OWNERS {https;''/pitr_rew.carr)/three- bus iness tips-sor-new car -wish -owners/] 75A-54 EXHIBIT "C" 75A-55 I r. r, �ror Inow , 'Alp . I V.4 lk I, 75A n &V 0 � I�L od 100,171. [A ■ e s...'Ni F tic 1 • r N I i LWI 711 Aik-A I L IEXHIBIT D 75A-66 engineering group, ine. September 19, 2019 Kara E. Grant, LAW OFFICE OF KARA E. GRANT 17595 Harvard, Suite C-202 Irvine, CA 92614 Subject: 301 and 325 North Tustin Ave, Santa Ana Project (CUP 2019-30 and CUP 2019-31) Traffic Study and Noise Review Dear Ms. Grant: INTRODUCTION RK ENGINEERING GROUP, INC. (RK) has reviewed the traffic study and noise information for the 301 and 325 North Tustin Avenue Convenience Store and Express Car Wash Project located in the City of Santa Ana. The proposed project would construct a new service station with a 3,040 square foot convenience store and a new automated car wash located at 301 and 325 North Tustin Avenue in the City of Santa Ana. Previously the City reviewed a Commercial Building for the site, however, that has now been changed to the Express Car Wash. In the past, there was a gas station with a market and a restaurant operating at the site. The major concerns with the project is traffic and noise impacts as a result of the car wash component of the project. A Staff Report and traffic study were previously prepared for the project. The modified project traffic study was prepared by L L & G Engineers in a revised report dated May 17, 2019. No Noise Technical Study was prepared for the processing of the project through the City. The original project included a Commercial Building, however, is now proposed to be an Express Car Wash. The proposed project with a Car Wash will generate more traffic than the originally proposed project with the commercial building. RK has reviewed the project information for the revised project with respect to traffic impacts, parking, overall transportation/circulation and noise/vibration impacts to the surrounding study area. The primary issues with the proposed Express Car Wash Project include the following major items: Express Car Wash projects have their peak traffic generation on Saturday afternoons. No Saturday traffic analysis was performed for the project. The Near -term traffic analysis for Year 2019 is not realistic and a later timeframe should be analyzed. 75A-67 LAW OFFICE OF KARA E. GRANT RK 15528 Page 2 - Trip credit was taken for the existing restaurant building on the site which may not have been in operation when the traffic counts were taken. - Updated traffic counts should be taken in 2019 rather than the 2016 counts that were used in the revised 2019 Traffic Study. - The Traffic Study should have used the latest ITE (Institute of Transportation Engineers, 101" Edition Trip Generation, 2017 rather than the older 91" Edition, 2012 document. A Saturday peak hour traffic impact analysis needs to be performed for all of the project scenarios. The project only traffic volumes at study area intersections needs to be checked for accuracy. It doesn't appear that they correlate to the project trip generation and trip distribution. This needs to be verified. A traffic safety analysis should be performed at the intersection of North Tustin Avenue at 41h Street since the project will add a significant amount of traffic to that intersection which has a collision rate higher than expect for this type of intersection. - No preliminary noise or vibration analysis report was prepared for the project. Express Car Washes are High Noise Generators and their impacts need to be quantified and it has to be determined if there are feasible appropriate mitigation measures. This is typical for high Noise generating uses such as an Express Car Wash. All of the Conditions of approval for the project require this to be done after the fact when it may not be feasible to adequately mitigate the project. Adjacent to the Express Car Wash Tunnel is an existing operating office building that has sensitive medical uses. The Noise and Vibration analysis and mitigation measures need to be determined before entitlement for the proposed use can be granted. These issues are further discussed in the Comments section of this letter. I- T� group. Inc.en� nc. 75A-68 LAW OFFICE OF KARA E, GRANT RK 15528 Page 3 TRAFFICFiRANSPORTATION REVIEW The traffic study only reviewed weekday {7-9 am and 4-6 pm} traffic conditions. Express Car Washes actually have their peak traffic generation on Saturdays at approximately 1:00 pm or 2:00 pm. Also, the commercial area around the site would have significant traffic conditions on a Saturday. Therefore, the traffic study needs to perform a Saturday traffic analysis and utilize typical trip generation for an Express Car Wash during those timeframes. RK has collected substantial trip generation data for Express Car Washes in Santa Ana which are shown in the attached Table 4-1. The Saturday trip generation is 50% higher on Saturdays than during the weekday conditions. Therefore, a Saturday traffic analysis is required. 2. The near -term traffic conditions evaluation in the revised traffic study was for the Year 2019- This is not a realistic timeframe, since it is nearly the last quarter of Year 2019. Since the project has not yet been approved and would need a period for construction, a much later time -frame needs to be evaluated for near -term conditions. An Opening Year of 2020 or 2021 is more realistic. 3. The traffic study took a trip credit for the traffic from the existing sit-down restaurant building that is on the site at 301 North Tustin Avenue. This would only be valid if the restaurant was in full operation when the traffic counts were taken. The restaurant is currently closed. This needs to be verified and the trip credit cannot be utilized if new traffic counts are taken to reflect 2419 conditions. 4. The site plan shown on page 3-68 (Figure 2-2) includes a full driveway access on North Tustin Avenue. This driveway is located approximately 240-feet from the intersection of Tustin Avenue at 41" Street. This distance appears to be too close to allow this driveway to be a full service access with all turning movements, since it would interfere with the northbound left turn pocket on Tustin Avenue. 5. The traffic counts mentioned on page 3-72 were taken in October of 2016, The revised traffic study was prepared in 2019; therefore, it has been three years since the traffic counts were taken in 2016, The traffic study should have been updated with more current traffic counts in 2019 to reflect existing conditions. 6, There is no explanation on what the existing project "re-route" was for as shown on page 3-73 and 3-74 (Figures 3-2 and 3-3). What has caused the re-route of traffic? f'ft� amirreering WW��hh33 enu0. �c. 75A-69 LAW OFFICE OF KARA E. GRANT RK 15528 Page 4 7. As shown on page 3-82, the traffic study used the ITE (Institute of Transportation Engineers) 9"' Edition of Trip Generation rates which was published in 2012. This manual was updated in the ITE Trip generation, 1014 Edition published in 2017. The latest manual should have been used for this study since both the original traffic study and 2019 revised traffic study were done significantly after the new ITE Trip Generation data was available. 8. The Express Car Wash Trip Generation shown on page 3-82 and Table 5-1 should include a Saturday analysis. RK has collected traffic data at three Santa Ana Express Car Wash sites and the Saturday trip generation is 50% greater than what was used in the traffic study. The traffic study needs to include a Saturday traffic analysis for each of the different timeframes which are evaluated. 9. For the Existing Plus Project and Future conditions analysis, a Saturday analysis needs to be evaluated. as mentioned in Item #8. 10.On pages 3-86 and 3-87 (Figures 5-3 and 5-4), the project volumes do not seem to match the project net trip generation in Table 5-1 and the Trip Distributions on pages 3-84 and 3-85 (Figures 5-1 and 5-2) . It is not clear how the project only volumes were calculated. Did they include the full project trip generation minus the net trip generation for the existing uses? This is unclear in the text of the report and could affect all of the traffic analysis for the future conditions with the project. 1 1.The traffic analysis shown on page 3-90 (Table 5-1) needs a Saturday analysis as previously mentioned, because the proposed Express Car Wash generates more trips during a Saturday than on a weekday. 12.The near -term traffic analysis shown on page 3-91 needs to be a more realistic year than Year 2019, since Year 2019 is nearly aver. 13.On page 3-101, (Table 6-2) needs to use the more current ITE 1011' Edition Trip Generation for all of the cumulative projects. 14. Page 3-105 (Table 8-1 ) and page 3-107 (Table 8-2) need to include a Saturday analysis. enolneerlm 919M Inc. 75A-70 LAW OFFICE OF KARA E. GRANT RK 15528 Rage 5 I S.There needs to be a traffic safety analysis of the intersection of North Tustin Avenue at 4`h Street. This intersection has a significant amount of peak hour and daily traffic and any increase in traffic generated by the proposed project could potentially Increase the collision rate at this intersection. RK has performed a review of the collisions at this intersection and the collision rate is significantly higher than would be expected at this type of intersection. The ten year average collision rate at this intersection is 037 collisions per million entering vehicles, whereas the expect rate is 0.24 collisions per million entering vehicles- Furthermore the most recent collision rate during the past three years (2016-2018) the collision rate has increased to 0.43 collisions per million entering vehicles. A further traffic collision analysis should be performed at this intersection to determine the cause of these collisions and if so what mitigation measures should be considered for this intersection, since the project will contribute additional traffic to this location. The collision rates and SWITRS data used in this analysis is included in Appendix B. NOISE IMPACT ASSESSMENT No preliminary noise study was conducted for the proposed project to prove that it is feasible from a noise impact standpoint. Although the project has been conditioned to prepare a study prior to building permits, a preliminary noise study should be prepared to ensure that the project would not have a significant noise impact to the surrounding areas. Typically noise studies for Express Car Washes are required during the entitlement process, not after the project is approved. Car washes generate a significant amount of noise at both the exit and entrance to the car wash tunnel and at the vacuum stations. This has to be assessed in advance of approval of the project to determine if any mitigation measures need to be implemented and if they are feasible- 2. The car wash tunnel is located at the very south end of the site directly adjacent to an existing office building that includes medical uses 4i-e- dentist office, etc.). These are noise sensitive land uses and high noise levels can be very disturbing to the medical uses. RK has measured noise levels that approach 95 dBA at the opening of a car wash tunnel and over 90 dBA at the vacuum stations-, this is a significant amount of noise. Attached are our measurements at a comparable car wash facility. A noise assessment is needed before the project is approved to determine the impacts to the adjacent sensitive uses and whether it is feasible to mitigate the noise generated from the project. engineering grDnp, Inc. 75A-71 LAIN OFFICE OF KARA E. GRANT RK15528 Page 6 3. Any vibration impacts to the adjacent office building as a result of the car wash tunnel and its mechanical equipment need to be evaluated. It appears from the proposed site plan there is very little space between the car wash tunnel and the adjacent building. Therefore a vibration impact assessment needs to be determined before the project is approved. 4. No construction noise impact was included in the staff report. As a result of the proximity of the proposed site to the adjoining buildings a CEQA assessment of the potential noise and vibration impacts and mitigation measures needs to be determined before any approval is given for the construction on the site. Again this is a typical requirement for any construction project located in close proximity to other sensitive land uses. CONCLUSIONS RK Engineering Group, Inc. has reviewed the proposed 301 and 325 North Tustin Avenue, Santa Ana Project (CUP 2019-30 and CUP 2019-31) from a TrafficiTransportation Study and Noise/Vibration standpoint. Based upon our review there are a number of items that need to be resolved before the project can be considered complete. This would include an updated traffic analysis with newer traffic counts, a Saturday peak hour analysis use of the latest ITE Trip Generation data, verification of the project traffic contribution to each of the study area intersections, the review of a more realistic study opening year timeframe and the need to provide a technical noise/vibration study in advance of approval of the entitlement for the project. This is necessary to insure that any required mitigation measures are feasible before the project is approved. RK Engineering Group, Inc. appreciates the opportunity to work with the Law Offices of Kara E. Grant on this project.. If you have any questions regarding our review or need further information please call me at (949) 474-0809. Sincerely, Robert Kahn RK ENGINEERING GROUP. INC. V- 4.d z No. 0555 rr * Exp, 1431119 OFRFFA r �F engineering group, in C. 75A-72 LAW 011-ICE OF KARA E. GRANT RK 15528 Page 7 Robert Kahn, P.E. Principal Registered Civil Engineer 20285 Registered Traffic Engineer 0555 Attachment 1N:2958-2019-01 RK:ag/rk15528.doc enelneeft 9�etlp,lnC. 75A-73 Tables 75A-74 TABLE 4-1 Observed Car Wash Sites Trip Generation Weekday Conditions' Weekday Peak Hour Observed Car Wash Location Weekday AM PM Daily In out Total In Out Total Scrub Bot Express Car Wash (1807 Main Street) 12 10 22 W. 55 91 745 2aroo Express Car Wash t5 13 28 43 37 80 644 (1205 W. 17th Street ) Santa Ana Express Car Wash 49 49 98 85 70 155 1,344 (202 E. Firs[ Street) Average 25 24 49 55 S4 109 911 5aturday Conditions Saturday Peak Hour Saturday ❑hserved Car Wash Location Daily In Out Total Scrub Bot Express Car Wash 69 64 133 996 (1807 Main Street) 2aroo Express Car Wash 69 (8 137 1,196 (1205 W. 1701 Strcct ) Santa Ana Express Car Wash ill 118 229 2 46f) (202 E. First Street) Average 83 83 166 1,551 Weekday observed traffic counts conducted on Thursday, March 14, 2019. Saturday observed traffic counts conducted on Saturday, March 16, 2019. 8E:s?IflK.152Y0?'6 1N:2784-2038-01 75A-75 Appendices 75A-76 Appendix A Express Car Wash Noise Measurements 75A-77 Field Sheet Project; 1821 N Grand Ave Cap Wash Engineer: D. Shi•laiall ©ate: PJ 14J2019 JN: 2184-2D18-Ct Measurement Address: City: CDSta Mesa site No.: 1 1195 Baker St Sound Level Meter: Cafibration Record; Notes: I-D-712 rpu 1. dRl Read ncj. dEll 0liset, dQr Time Serial # A0S, 20 Before 1-amµ: 71; Afte- Windspeed: 5mph _ Direction: SWE Calibrator. LIJ-250 254 Before 93.2 93.2 93.2 Skies Clear Serial N 1322 After 94.0 84,0 R4.0 Camera: Pfsoto Nos. Meter Settings: 0 A-WfD ❑ LINEAR IKI SLOW 0 1y1 OC71 f7 IfdTERVALS _1 _-MINUTE ❑ C-WfD ❑ IMPULSE ❑ FAST Ll 113 07 0 L., PERCENT -LE VALUES Notes: Measurement Type: Long -Lean Short-term k 11:41 AM F11.42 AM 94.6 89.1 101.8 1013 F 100.3 793.2 91.6 1 Measu remem taken at approximately .5ft from the car wash exit tunnel. Ambient noise includes traffic noise from car wash cannel, blowers and traffic nose from Fain•iew Road and Baker St. 11:46 AM 1 11 A7 AM 1 95.7 1 89 1 99.1 97-5 96.9 1 96.2 1 95.7 2 Ma@S Iemenr taken at approx.mately 1 Ft from the vacuum Stalls. Anrb:en, ne+se includes traffic noise from car wash vacuum stalls and [raft[riaise from Faireiew R.�ad and Raker St. o` 3 0 4 5 ®P 3u1n9grlrp gr 4•Inc. 75A-78 Appendix B Collision Rate Calculations and SWITRS Data 75A-79 INTERSECTION ACCIDENT RATES LOCATION NO. OF NO -OF ENTERING ACCIDENT EXPECTED ACCIDENTS MONTHS ADT RATE ACCI DENT RATE N. Tustin Ave. 45� 4th $1.-10 Year 65 120 48.675 0.37 0.24 N. Tustin Ave. 4th SL • 3 Year 21 36 48.675 0.43 D.24 N. 7uslia Ave. 4Lh 81. - 2018 8 12 48,675 0.34 024 N. Tustin Ave. 4th SI. - 2017 7 12 4075 0.39 0.24 N. Tustln Ave. @ 41h St. - 2016 10 12 48,675 0.56 0.24 N. Tustin Ave. Q 41h 51. - 2015 5 12 48,675 0.28 0.24 N. Tustin Ave. @ 41h St. • 2014 B 12 48.675 0.45 0.24 N. 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U) �b � G rx yak u w�� is vff: x ',Z tq ® GYJ n .0 .xO t" O M:0 �cZ MM zF FFR� .� s2S :yaj NN Q � F �oov a r.u'. Qc eyrr x zz g _'i f7an�v,7 cam'. rn.� oOW a`{ It ¢p [nvw � ow a 4 UU 34141 40 = v v � w � o¢ a a a a a � a a ey ccvp SS U >'> s: „ a Ee. .. a 7 7 a m a a ;, m _ - O ❑ � ❑ ❑ � c is = L- Ala W n 2 EXHIBIT E 75A-93 y COJ5KIELELNO 5AND C}� MI.551C7N 11�D]AI�S - lZr 1JA 11Q�1 1{ll ,111 9 'Kr iiw;ai Tl, '77II 1 CS\bnIf] lJ"'Cl of KV531 UIl l PCldl'3 ] II I I A IYCOC�IRfCIi)[]Eh[,�%E itC Of[al1O. 111:314 E11C :36[]4�Il i {fICC lF Lhr--� �l5 `{:Is'C['ti 6:3filll City of Santa Aniq Planning & Building Agency 20 Civic Center .Agency Santa Ana, CA 92702 June 12. 2018 Re. SB 18 Consultation (Covemment Code Section 65352.3)'Pustin Ave Retail Project Dcar Selena Kelahe.r, Please find this IeLLLr as a written rt quest for consultation regarding the above -mentioned project pursuant to Senate Bill 18 (SB 18) Government Code Section 65352.3. Your project iles within our ancestral tribal territory, meaning descending rrom, a higher degree of kinship than traditional or cultural affiliation. Your project is located within a sensitive area and may cause a substantial adverse change in the significance of our tribal cultural resources. Most often, a records search for our tribal cultural resources will result in a "'no records found" for the prnjcct area. The Native American Heritage Commission, ethnographers, historians, and professional archaeologists can only provide limited information that has been previously documented about California Native Tribes. This is the reason the Native American Heritage Commission (NAHC) will always refer the lead agency to the respective Native American Tribe of the area because the NAHC is only aware of general information and are not the experts on each California Tribe, Our Elder Committee & tribalhistorians are the experts for our Tribe and are able to provide a more complete historiv (both written and oral) regarding the location or historic villages, trade mu Les, cemeteries and sacred/rclipous sites in the prcijecL arcs- Therefore, to avoid adverse effects to our tribal cultural resources, we would like to consult w2th you and your staff to provide you with a more complete understanding of the prehistoric use(s) of the projecL area :and the potcmtial risks for causing a substantial adverse change to the significance of our tribal cultural resources. C..onsultaLien appointments am, available on Wednesdays and Thursdays at our offices at 901 N. Citrus Ave. Covina, CA 91722 or over the phone. Please call toll free 1-844-390-0787 car entail gabrielenoindians(yyihoa.ccim to schedulc, an appointmc-nt- With Respect, Andrew Salas, Chairman K.. I.=.1., 'V.--CM..,.., .w.w gabn e Ie I .c..l.. A a ns.n-v C.h,,.3..- 5.... W M— .... ..,.:.K3,,,1 Kmha-d cxada:. C.h.,lml.•ot rm C,4[lic" �aLun ee n.o foci, a ns�e�ya h o-a.c n m 75A-94 EXHIBIT F 75A-95 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE; SEPTEMBER 24, 2018 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR MITIGATED NEGATIVE DECLARATION NO. 2016- 156, GENERAL PLAN AMENDMENT NO. 2018-05, AMENDMENT APPLICATION NO. 2018-08, CONDITIONAL USE PERMIT NO. 2018-18 AND VARIANCE NO. 2018-10 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE -THROUGH SERVICE AT 301 NORTH TUSTIN AVENUE AND A SERVICE STATION AT 325 NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3,21 Prepared by Selena Kelaher, AICP Executive director RECOMMENDED ACTION Recommend to the City Council: PLANNING COMMISSION SECRETARY APPROVED Q As Recommended 11 As Amended Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation x9jail@W.9+3I[k Planning Manag 1. Adoption of a Mitigated Negative Declaration, Environmental Review No. 2016-156. 2. Adoption of a resolution approving General Plan Amendment No, 2018-05. 3. Adoption of an ordinance approving Amendment Application No. 2018-08. Planning Commission adopt resolutions. 1. Approving Conditional Use Permit No. 2018-18 as conditioned. 2. Approving Variance No. 2018-10 as conditioned. Executive Summary Richard Finkel, representing Russell Fischer LP, is requesting approval of a general plan amendment to re -designate the property at 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC), an amendment application to rezone the properties at 301 and 325 North Tustin Avenue from Professional (P) to General Commercial (C2), a conditional use permit to allow an eating establishment with drive -through service at 301 North Tustin Avenue, and a variance to reduce the required yards at 325 North Tustin Avenue. 75A-96 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 3 Item Infonnatlon South Commercial - City of Tustin West Professional - Service Station Property Size 39.775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF 0.5 acres - 325 N. Tustin Avenue _ Existing Site Development Eating Establishment - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards Sections 41-364 through 41-374 SAMC Sections 41-377 through 41-388 SAMC Use Permissions/Amendment Section 41-638 and Sections 41-659 through 41-667 Application & CUP Proiect Description The applicant proposes to demolish the restaurant, service station, car wash, and convenience store buildings to construct a new service station, convenience store and multi -tenant commercial building on two properties at the southeast comer of Tustin Avenue and Fourth Street. The restaurant at 301 North Tustin will be demolished and a new 7,368-square-foot multi -tenant commercial building with an outdoor dining area will be constructed. A 1,258-square-foot eating establishment with drive -through service is proposed for one unit. The drive -through lane is designed to wrap around the entire building, with the entrance of the drive -through at the south end of the building traveling up and around the east elevation. In addition, a 35-foot high freestanding sign will be oriented towards the SR-55 freeway along the east property line. The parcel immediately to the north at 325 North Tustin Avenue is also proposed for redevelopment. The applicant is proposing to clear the site, to eliminate the automated car wash operations, close a driveway along Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,117-square-foot canopy with 8 pump stations and a new 2,778-square-foot convenience store. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. An enhanced pedestrian pathway with seating areas and landscaping will be located between the two buildings. There will be vehicular access between the two properties and a covenant to allow for reciprocal access and parting will be recorded. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a 2-foot Irrevocable offer of dedication along Tustin Avenue are required. Tables 3A and 3B provide a detailed comparison of the project's compliance with the applicable land use and development standards. 75A-97 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 4 Table 3A; Land Use Standards General Commercial (C2) (SAMC Sec. 41.365, 41.366.5. 41-377 and 41-377.5) Use Eating Establishment Allowed by Right Permit Requirements Orive-through Window Service for an Conditional Use Permit eatino establishment Service Station and Convenience Store Allowed by Right Table 3B: Development Standards Standard Required by General 301 North Tustin 3 55 North Tustin Commercial Ing Site Service Station Site Front yard 15 feet minimum Complies; 15 feet I foes not comply; 5 Feet,_6 inches Side yard (street) 15 feet minimum Not Applicable Does not comply; 5 feet, 6 inches Side yard (interior) 0 feet minimum Complies; 3 feet, 2 Complies; 5 foot inches and 5 feet landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape yard Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 39,775 sq. ft- Complies; 22,465 sq. ft. 35 Feet maximum and 179 feet and 300 feet Complies; 25 feet, 3 Complies; 21 feet, 10 Building height inches inches Complies; 63 spaces Complies; 63 spaces Off-street Parking 61 spaces 5 spaces per 1,000 sq. ft. of total total retail 46 spaces 9 spaces 8 spaces per 1,000 sq. ft. 8 pump spaces restaurant Floor Area Ratio 0.50 FAR maximum Complies; 0.19 FAR Complies; .0.12 FAR F.A.R. 35 feet maximum height Complies; Freestanding _ Wall signs (deferred Signage allowed within 300 feet of a sign 35 feet submittals) freeway exit Wall signs (deferred submittals Stacking Distance 160 feet; 80 feet to menu Complies; 80 feet to Not Applicable (drive4hrough) board and 80 feet to pickup menu board, 80 feet to window pick-upwindow Driveway Width 35 feet maximum Not Applicable Complies; 35 feet service station 75A-98 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 5 Proiect Background and Chronology The property at 301 North Tustin has been developed with a restaurant since 1965. In 1996, Conditional Use Permit No. 1995--01 was approved to allow dancing and live music. Minor tenant improvements have been made to the building overtime by various operators. Currently, the building is in the process of being vacated by the tenant. In 1973, the property at 325 North Tustin Avenue was developed with a car wash and service station. In 2006, the property was remodeled to the current configuration of the service pumps, a retail building and automated car wash. The current property owner has been operating a Chevron gas station and car wash at the site since 2015. Proiect Analysis General Plan Amendment The applicant is applying for a general plan amendment in Order to re -designate the properties proposed for development to General Commercial (GC). According to the General Plan, the General Commercial district applies to commercial corridors and areas that are highly visible and are critical arterial transportation corridors. Three sites that are proposed to be changed from Professional & Administrative Offices to General Commercial (301 N. Tustin Avenue, 431 N. Tustin Avenue, and 2321 E. 4rh Street) are an arterial streets with regional access to the SR-65 freeway. Several nearby commercial properties are already designated as General Commercial. The amendment will create an approximately 4-acre General Commercial area at the northeast and southeast comers of Tustin Avenue and Fourth Street (Exhibit 2). In addition, these properties are currently improved with commercial uses including gas stations, eating establishments, and mixed retail and service uses that provide neighborhood facilities and services to the nearby Metre East Mixed -Use Overlay zone and professional offices. The general plan amendment will provide consistency with the existing uses and will make the properties consistent with the zoning district. Amendment A,polication The applicant is also applying for an amendment application (zone change) to Change the zoning of the properties proposed for development (301 and 325 N. Tustin Avenue) from Professional (P) to General Commercial (C2). The City is also proposing to change the zoning of two nearby properties (401 N. Tustin Avenue and 2320 E. Fourth Street) to General Commercial (C2) (Exhibit 3). The C2 designation will also complement the designation of the properties to the south which are in the City of Tustin and zoned commercial (Central Commercial C2). The amendment will create a continuous block of commercial uses that will stimulate the economy in the area. The C2 zone will allow the restaurant, service stations, and services uses and will allow for commercial development that supports the nearby office environment by providing places to visit, 75A-99 GPA No. 2018-05, AA No, 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 6 shop and dine. In addition, the General Commercial zone permits professional, administrative and business offices should the property owners elect to have office uses in the future. The proposed drive -through requires discretionary approval of a CUP and the service station yards require a variance. In order to approve a CUP or variance, the General Plan Land Use designation and the zoning designation must be consistent. Conditional Use Permit for Drive -Through Window Service at 301 North Tustin Avenue The drive -through was designed and intended to generate the least amount of Impact as possible. The drive -through lane is setback approximately 100 feet from the street to reduce any spillover to the public streets. In addition, the drive -through lane meets the City°s stacking requirements and will allow for approximately 15-cars to queue without disrupting drive aisles or parking spaces on -site. The drive -through is also designed to generate minimal noise impacts; the speaker boxes are located at the rear of the site and project towards the freeway. Any potential noise generated from the idling of vehicles or the drive -through speakers is not anticipated to impact the nearby uses as they are commercial and there are no nearby sensitive land uses. Since the drive -through lane is at the rear of the property, it will produce minimal visual impact to Tustin Avenue as the new building will be the prominent view (Exhibit 4). The applicant's request for a conditional use permit to allow drive -through window service will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. Allowing the restaurant to have a drive -through window will provide a service that will help promote economic development to the area which will contribute to the general well-being of the neighborhood and the community. Variance for Reduced Yards at 325 North Tustin Avenue The strict application of the zoning code requires a 15-foot landscaped setback along both Tustin Avenue and Fourth Street. The applicant has designed the site to have landscaped yards, but in some locations the yards will be reduced to 5 feet, 6 inches requiring a variance. The Public Works Agency reviewed the proposed plans and determined that an 8-foot dedication along Fourth Street and a 2-foot dedication along Tustin Avenue are required to allow for the streets and sidewalks to be constructed to the ultimate width. The 15-foot setbacks and dedication would reduce the developable area to 18,065 square -feet, which is an approximately 4,400 square -foot reduction in lot size (20%). Special circumstances related to the current location of the underground storage tanks exist. Currently, the underground tanks are located at the corner of the property. A 15-foot landscaped yard along the street property lines would require the property owner to remove and relocate the storage tanks In order for tanker trucks to access the tanks. The relocation would cause a significant financial burden to the operator. In addition, complexities of service station fueling, stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards. Furthermore, there are service stations at the other two comers of the intersection (northeast and southwest comers). These nearby service stations do not have 15-foot 75A-100 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 7 landscaped yards and have significantly less landscaping than the proposed project, therefore granting the variance will not be injurious to the surrounding properties or service stations (Exhibit 5) Table 3: CE A Strategic Plan Ali nment and Public Notification & Community Outreach Strategic Plan Ati nmen and Public Notification & Community Outreach CEOA A Mitigated Negative declaration (MIND) with technical studies (traffic study, air quality and greenhouse gas emissions analysis, and Phase I site assessment), CEQA Type was prepared for the project. No areas of significant impact were determined from the construction or operation of the proposed project with the implementation of the mitigation measures for cultural resources, hazards, and tribal and cultural resources. The 30-day public review period began on August 13 and ended September 11, 2018. The draft MND was circulated to interested parties and the State Public Notification Clearinghouse, the notice of intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MIND was available for public review at the Santa Ana City Hall, Main Library, and on the project mm webpage on the City's.website (Exhibit 6 & 7). -Caltrans commented in regards to incorporating complete streets measures and encroachment permits, the comment does not result in findings of a significant impact. -The City of Irvine commented in regards to clarifications needed in the traffic Comments analysis, the clarifications would not result in findings of a significant impact. Received -Orange County fire Authority stated they have no comment. -South Coast Air Quality Management District commented in regards to clarifications needed in the air quality analysis, the clarifications would not result in findings of a significant impact. -The State Clearinghouse acknowledged that no state agencies submitted comments. Strategic Plan Alignment Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public noticed was posted on the project site on September 14, 2018. Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on September 14, 2018. Newspaper posting Newspaper posting was published in the Orange County Register on September 14, 2018. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on December 13, 2016 at 5:30 p.m. in accordance with the provisions of the City's Sunshine Ordinance. A total of 3 members of the public attended. The applicant provided all the required information to the City after the meeting Exhibit 8). 75A-101 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 8 Strategic Plan Alignment, and Public Notification & Community Outreach Additional Measures At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment No. 2018-05 and Amendment Application No. 2018-08. Further, staff recommends that the Planning Commission approve Conditional Use Permit No. 2018-18 as conditioned and Variance No, 2018-10 as conditioned. 1 , Selena Kelaher, AICP Associate Planner SK:sb Ifflanning Commissim% Exhibits: 1. Vicinity Zoning & Aerial View 2, Draft Mitigated Negative Declaration Resolution 3. Draft General Plan Resolution 4, Draft Amendment Application Ordinance 5, Conditional Use Permit Resolution fi. Variance Resolution 7. Mitigated Negative Declaration 8. Traffic Study 9. Sunshine Meeting Minutes 10. Site Plan 11. Elevations 75A-102 EXHIBIT G 75A-103 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 9, 2019 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018.10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW AFTER-HOURS OPERATIONS FOR THE CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE (STRATEGIC PLAN NO. 3,2) Preparod by Selena elaher, AICP Ia■_121�IIi [eIKolIli 117d61AW2116]MR] :aW_11:y7 APPROVED © As Recommended As Amended ❑ Set Public Hearing For DENIED 0 Applicant's Request ❑ Staff Recommendation CONTINUED TO ExecutivOk,Direc r Interim anning IvIgAager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2019-30 as conditioned to allow a car wash. 2. Adopt a resolution approving an amendment to Variance No. 2018-10 as conditioned to reduce the required yards. 3. Adopt a resolution approving Conditional Use Permit No. 2019-31 as conditioned to allow for a retail market less than 20,000 square feet to operate between the hours of 12:00 midnight and 5:00 a.m. Executive Summa Richard Finkel, representing Russell Fischer LP, is requesting approval of a conditional use permit to allow an automated car wash and an amendment to a previously approved variance to reduce the required yards at 301 North Tustin Avenue and a conditional use permit to allow for retail convenience store to operate between 12:00 a.m. and 5:00 a.m. at 325 North Tustin Avenue. Staff is recommending approval of the entitlements as the project will provide additional services to residents, workers, and visitors in the area and will not negatively impact the surrounding community as the site is not immediately adjacent to sensitive land uses and the project has been designed to minimize impacts to nearby uses. 7all04 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 2 Table 1: Project and Location Information Item information 301 & 325 North Tustin Avenue North Tus6i Avenue and East Fourth Street Project Address Nearest Intersection Surrounding Land Uses (Exhibit 4) North Commercial East Costa Mesa SR-55 Freew2ylCq of Tustin South Commercial - City of Tustin West Professional - Service Station General Plan Designation General Commercial GC General Commercial C2 Zoning Designation Property Size Existing Site Development 39,775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF (0.5 acres) - 325 N. Tustin Avenue Vacant - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards SANK Sections 41-368 through 41-374 Sections 41-379 through 41-386 SAMC Section 41-365.5(h) and Section 41-377.5(b) Use Permissions/CUP/Variance Protect Description The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with 3,040-square foot convenience store and new automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash tunnel will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or to enter or exit on Fourth Street with reciprocal access provided from the service station property to the north. The car wash will feature two pay points and has 189 feet of stacking which exceeds the standard of 120 feet of stacking (12 vehicles). The site will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7100 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The applicant is proposing to demolish the existing service station, close a driveway on Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a new 3,040- square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35- foot high freestanding sign for the service station adjacent to the SR-55 freeway along the east 75W?l05 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 3 property line. The proposed convenience store hours of operation are 24-hours per day, which requires approval of a separate CUP. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. There will be three driveways that provide access to the sites and reciprocal vehicular access and parking between the two properties. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a two -foot irrevocable offer of dedication along Tustin Avenue are required. Tables 2 and 3 provide a detailed comparison of the project's compliance with the applicable land use and development standards (Exhibit 5 & 6). Table 2: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit. Requirements Car wash Conditional Use Permit Service station and retail market Allowed by Right (convenience store) Retail market less than 20,000 SF with 24- Conditional Use Permit hour operations Table 3: Development Standards Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Front yard 15 feet minimum Does not comply; 10 Complies with Variance feet No. 2018-10; 5 feet, 6 inches Side yard (street) 15 feet minimum Not Applicable Complies; 15 feet Side yard (interior) 0 feet minimum Complies; 1 foot, 6 Complies; 5 foot inches landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape and Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 33,976 sq. ft. Complies; 28,096 sq. ft. (after lot line (after lot line adjustment) and 179 adjustment) and 300 feet feet Building height 35 feet maximum Complies; 29 feet Complies; 21 feet, 10 inches 7533106 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 4 Standard Required by General 301 'North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Off-street Parking 17 spaces Complies; 2 employee Complies; 19 spaces 2 spaces for automatic car spaces, 20 drying 13 spaces and washes spaces, and 1 6 pump spaces 5 spaces per 1,000 sq. ft. handicapped space retail 15 space I 35 feet maximum height Freestanding sign 35 Wall signs (deferred Signage allowed within 300 feet of a feet Wall signs (deferred submittals) freeway exit submittals Stacking Distance (drive -through) 120 feet Complies; 189 feet Not Applicable Driveway Width service station 35 feet maximum Not Applicable Complies; 35 feet Project Background and Chronology In October of 2018, the Planning Commission approved Conditional Use Permit No. 2018-16 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December of 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018-05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The approved project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. Prolect Analysis Conditional Use Permit far a Car Wash at 301 North Tustin Avenue The new automated car wash will replace the existing smaller automated car wash associated with the existing service station. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site. The car wash is designed and intended to generate the least amount of impact as possible. The stacking lane is set back from the adjacent streets to reduce any traffic impacts. In addition, the stacking lane exceeds the City's stacking requirements and will allow for approximately 15 cars to 75A4107 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 5 queue without disrupting drive aisles or parking spaces on -site. A traffic impact analysis was prepared to analyze the anticipated trip generated from the project and any impacts to the intersections of Tustin Avenue and Fourth Street, Tustin Avenue and First Street and the SR-55 ramps at Fourth Street and Fourth Streettlrvine Boulevard and the Tustin Avenue roadway segment between Fourth and First Streets. The analysis was reviewed by the Public Works Agency and concludes that the project or cumulative project conditions will not significantly impact any of the intersections studied (Exhibit 7). The car wash is also designed to minimize noise impacts. The tunnel is comprised of concrete block which serves as a noise dampener. The car wash blowers/dryers, the equipment that generates the most noise, are located 15 feet from the exit of the tunnel. The vacuum stations which will generate noise are located to the north of the car wash tunnel, in an effort to shield the commercial office use to the south from the noise. Additionally, conditions of approval have been added to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one year after the commencement of operations, limit the hours of operation, to prohibit use of air guns, and prohibit the use of amplified speakers. The new car wash will bring an increase in sales tax revenue and promote economic development in the area which will contribute to the general well-being of the neighborhood and the community. The applicant's request for a conditional use permit to allow car wash will provide an added service to the property, for the employees who work in the vicinity and for the residents who live in the general area. Amended Variance for Reduced Yards at 301 North Tustin Avenue In October 2018, the planning Commission approved Variance No. 2018-10 to allow for a reduced yards for the service station at 325 North Tustin Avenue. The strict application of the zoning code requires a 15-foot landscaped setback along Tustin Avenue, In addition, the Public Works Agency requires a 2-foot dedication along Tustin Avenue to allow for the streets and sidewalks to be constructed to the ultimate width. The applicant has designed the site to have landscaped yards, however, at the car wash tunnel exit the yard will be reduced to 10 feet after the street dedication to provide room for the vehicular turn movements. Therefore, Variance No. 2018-10 will be amended to also include 301 North Tustin Avenue. Special circumstances related to site's shape are applicable. For instance, the lot depth is constricted by the freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. The location of the stacking lane and vehicular exit were selected with traffic safety as the priority as a result the site plan configurations for a car wash facility are limited. 7X-108 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 6 Conditional Use Permit for a Retail Market with 24-Hour Operations at 325 North Tustin Avenue The 3,040-square foot convenience store is proposed to operate 24-hours a day, seven days a week. The proposed operations are similar to other oonvenience stores such as 7-Eleven which have received after-hours conditional use permits. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a,m. and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary Impacts. Alcohol sales are not proposed as part of the project. The project site is bounded by commercial uses to the north, south and west. The proposed after- hours operations will provide an ancillary service to the community and individuals seeking to have a moming coffee andior snack en route to one of the City's major employment areas, especially for those who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Economic Develo went The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations, The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and Improvements for the project are made. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs.. Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach Strateg is Plan All nment and. Public Notification & Commu n Ity Outreach CEQA CEQA Type Exempt pursuant to CEQA Guidelines Section 16332, Class 32, In -fill Development Projects_ Document T pe Notice of Exemption, Environmental Review No. 2019-69 The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site Reason(s) was previously developed with commercial uses and has no habitat for Exempt or Analysis endangered, rare or threatened species, The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. 75iA 09 CUP No. 2019-30 & VAR No, 2018-01 CUP No, 2019-31 September 9, 2019 Page 7 Strategic Plan Alignment, and Public Notification & Community Outreach Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public notice was posted on the project site on August 30, 2019. _ Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on August 30, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on August 30, 2019, Additional Staff received one phone call from a resident voicing opposition to the proposed Measures car wash. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2019-30 as conditioned, amendment to Variance No. 2018-01 as conditioned and Conditional Use Permit No. 2019-31 as conditioned. Selena Kelaher, AICP Associate Planner SK:sb S:%Planning Commissionl201919-9-191301 N. Tustin Ave - Car Wash CUM301 325 N. Tustin Ave SR 9RAWC.doe Exhibits: 1. Conditional Use Permit Resolution (Car wash) 2. Variance Resolution I 3. Conditional Use Permit Resolution (After-hours) A. Vicinity Zoning & Aerial View 5. Site Plan 6. Elevations 7. Renderings 8. Traffic Impact Analysis 7A?110 EXHIBIT H 75A-111 Planning and aullding Agency Planning Division 20 DMic center Phis PA. BOA 1988 (W20) Santa Ana, CA SM2 VARIANCE (iti4} 847�eo1 www.aanfa-ana.wlt Application Variance Requirement A Variance is required when, properties are proposed with development standards below the minimum standards of the zone A variance is allowed only when extraordinary or exceptional circumstances are applicable to the property involved or the use proposed Variance Purpose Clearly State the Ordinance Requirements Requested for Vanance Reduction of landscape setback requirement for 44' of Tustin Ave. frontage from 15'-0" required to 10'-T provided. III. Variance Justification The zone varurnce procedure is Intended to provide relief from zoning ordinance regulations that result in unintended inequities or hardships when applied to specisc properties and must not be a grant of special privilege [See Santa Ana Municipal Code ($AMC) Sections 41-639 (a)(2)(i). (n), (n), and {v) I The Zoning Administrator, Planning Commission, and City Council must make affirmative findings on all four items listed in the above mentioned Code sections d this request is to be approved Your concise responses to the following four criteria are asaenual [Please read $AMC Sections 41-638 (a)(2)t1l, tiA, (un), and (iv) carefully, they have been reproduced at the end of this fprm for your convenience I Section 41-638 (a)(2)(i) (special circumstances applicable) The City has directed the applicant to locate the cerwash tunnel against the southern properly line so as to improve street access and internal Circulation based on the city's evaluation, in doing this, keeping the 16 setback requirement in addition to the 2' dedication being granted to the city would reduce the carwash tunnel length to an unacceptable length in terms of its operational efficiency. As a compromise measure, it was aoceoted conceotually by Plannino and Public Works to allow for a 5' landscape a Section 41-63U (a)(2)(ii) (preservation of substantial property rights) if the landscape reduction is not approved, the applicant would be denied the opportunity to develop his property to create a carwash facility that is designed to operate at the highest efficiency, and with the highest possible return on the considerable investment required to develop a stat"f-the art express carwash. Par 102 onetibnnaw�nrrcx e,na 75A-112 Planning and eullding Agency Planning Dtvlalan 20 Click Canter Plan P.O. Box ION (111-20) sarrI2 Am, CA 92702 VARIANCE (714) "?Sou wwwAwnb"no.org Application Section 41-638 (a)(2)(1n) (public welFareand surrounding property) Allowing a landscape setback reduction improves the public welfare by allowing for sufficient room for turning motions into and and out of the wash tunnel, and to create a facility that will benefit the community by offering vehicle washing services that are both economical and environmentally desirable. Section 41-638 (a)12)(rv) (elfecl upon General Plan) There would be no effect on the General Plan by allowing this variance. IV. Addltlonal Notea; This is also a consideration that should be allowed by the city as consideration of the multiple dedications and easements required by the city for the betterment of all of its citizens, but with significant negative impacts for the applicant. VARIANCES OR MINOR EXCEPTIONS FINDINGS IN COMPLIANCE WITH SECTION 41-638 (a)(2) OF THE SANTAANA MUNICIPAL CODE (1) That because of special circumstances applicable to the subject property, Including size, shape topography, loralon or surroundings, the strict application of the zoning ordinance is found to dapnve the subject property or pir ileges not olherwise at variance with the Intent and purpose of the provisions of this chapter, (li) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights, (111) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or inj unous to surrounding properly, (rv) That the granilrig of a vanance or minor exception will not adversely affect the general plan of the city Pegg 2 Of 2 vn'dx re m�rixaruro� 75A-113 Plannl ng and Building Agency Planning Dlvtelon 20 Civic Center Plaza P.O. aox ION IN-20) Santa Ans, CA 92102 (7141647.5804 www.santaana.org PLANNING DIVISION Gpnditfonal Use Permit Requirement CONDITIONAL USE PERMIT Application A CondlUcinal Use Permit is required for certain actrvrties and uses which are permr<ted by the zoning code, only d they can be found to be oDmpabble with surrounding uses These situations are considered Individually by the Planning Commission or Zoning Administrator on a rase -by -case basis 11 is up to the applicant for such a permit to show that the use being proposed is acceptable in the locahon proposed and is of general benefit to the City, compatible with a9 surrounding uses, and consistent w.th the City's Gan aral Plan Conditional lies Purpose Describe briefly the specific use(s) and improvements proposed - Demolition of existing gas station and carwash building - Construction of new 3,040 s.f. Gas Station Convenience Store - Construction of new 4,354 s.f. Express Carwash Facility - Construction of new 2,843 s.f. gas station canopy and new pump islands - Construction of trash enclosures - Construction of site improvements including paved parking areas, sidewalks, parking lot lighting, underground utilities and drainage systems and landscape planting and irrigation Conditional Use Justif cation -71 The conchbonal use procedure provides a method whereby specrric uses, not considered compa4ble as e Permitted ties in a zoning district, are afforded an opportunity to locate in the zoning district on the basis of a specific la bon provided certain Findings can be established [Santa Ana Municipal Code (SAMC) Sections 41£38 (a)(1)(i), (A), (III), (IV), and (v)l The Zonng Adminisbaior• Planning Commission, and City Council must make affirmative findings on all five items listed in the above mentroned code sections It this request is to be approved Your Concise responses to the following five criteria are essential IPlease read $AMC Sections 41-638 laj{t)li], (o)• (w), (iv), and (v) carefully, they have been reproduced at the end of this form for your convenience ] Section 41-638 (a)(1)(i) (necessary and desirable) The proposed improvements are necessary to provide gas sales and retail services for a freeway -oriented site. The project is consistent with the goals stated by city staff for the design and function of the facility. Section 41-638 (a)(1)(n) (heath, safety, and general welfare) The proposed project will not in any way negatively affect the health, safety and general welfare of the population. It features excellent site ingress, egress, and internal vehicle and pedestrian circulation. It also features Improved water quality management for all water runoff when compared with the existing facility. Page 1 of 2 cm•Amcur WS 75A-114 Planning and Bulldln0 Agency Planning Division 20 Civic Center Pion P.D. Box ISM (fA-201 Senta Ana, CA 92702 1714) 547-M04 www.aanlaana.org Section 41-038 (a)(1)(rir) (economic stability) CONDITIONAL USE PERMIT Application The project will feature gas sales and a convenience store branded by a major oil company The Express Carwash facility will provide desirable vehicle washing services, Both operations will be beneficial for the local community and for freeway commuters. Section 41$38 (a)(1)(w) (compliance with other regulatiors and conditions) The project has been fully reviewed by all city departments and when constructed will be in compliance with all federal, state and local codes. Sectran 41-638 (a)ll)iv) (effect on the General Plan) No effect on General Plan CONDITIONAL USE PERMITS FINDINGS IN COMPLIANCE WITH SECTION 41-38 (a)(1) OF THE SANTAANA MUNICIPAL CODE (I) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community, and (n) That the proposed use will not, under the circumstances of the particular case, he detrimental to the health, safety, or general wefFare of persons residing or working in the wcmity, and (ra) That the proposed use will not adversely affect the present economic stability nr future economic development of property in the Surrounding area, (IV) That the proposed use will compty with the regulations and conditions specdrad in this chapter for such use, and (v) That the proposed use will not adversely affect the general plan of the city or any spwic plan applicable to the area of the proposed use P a;1r, 2 uP 2 vnuicCIIP 905 75A-115 EXHIBIT I 75A-116 MAYOR 6hgum A Pulido MAYOR PRO TEM Juan Vilregas COUNCILMEMSERS Caulla Iglesias naval Penalaxa VicerHa sarmi anln Jose Solaria .rune 11), 2014 Bundy -Finkel Architects ItTr Richard Finkel 1 120 RiOo€ Slrect, Stutc 120 Costa Mesa, CA 0262(i U CITY OF SANTA ANA Planning and Building Agency 2C Civic Cardeir Plaza . P O nor I Me Santa Ana, Ca!amia 92702 CITY MANAGER Krishna Ridge CITY ATTORNE I Srnia R Carvalho ACTING CLE-AK OF THE COUN0I Nrama Mare Ramirez subjecl• Russell -Fischer Car Wash and Gas Sttdion Ralnodcl, 301 b 325 North funllll Arcnuc. DP No 2019-14 (Master Ill No 2019-1511M) (plans dated 4t22iN and reccivW on 4'24)' 113) Dear Mr Ftnkcl Phank you For ynur Submlttnl tin• I111c propnstA C111151ruetIU11 oI un automated car wash and remodel of a gas station and Ctinsrnienec stole al -101 and 325 Nat-th Tustin Avenue AHer res teti tog y%WF proposal. the ['it}'N Dcsclopmcnt Ret ic% C'D imlttee [DRQ has prepared the following wininents that will assist you m cnsuring yuut pr0jec1 cnnlplICS with the C'11y's requtreinents These comments tnc based oil thr plans and information you pins•tded with your applwallon The Plinumig Division. Budding Safety Division, and 110kc Works Agency 11a\C tdriddied sknvral Ilcins that require a titrnml TeSuhnultal of ynur ptojecl To complete the Deselopinent Project Review process- ten t I (1) Sets of revised plans that address the attached DRC's contmcats aced to he vuhnutted. Plcase notr thul as proposcYl, yu111- project rcgmreY approwqi nfconditlunal use permlltsl and a t'arlancc Also utclttded III tilts loner I5 a detalled list of additional royuircrrielrls aactior wridutuns that you will awed to address betorc your project racervcs appros all Prior to submitting the cnnditlunal usC penrlit(s) and sarwnce appli,:annns. all of t[ic iNsueti related to completing Detelopmwnt Projeil RCVtesV that arc Ittitcd m the lt:nr.-r +Icccj to be uddresycd 5ANTA ANA CITY CPl1NC'L DP19 , '� afs!.•IA Alm .!.Y Su•Iw•IL• 331-- •rd :r -Sr.*.o �rrn•, oa aAl IX ! ayrc. n• Rln. r Ailyc� r`o l!1!•! Wy0 "A' • %V -r Wm] Y !� !!_£�A•rd N9 Jl l �.,_M L .':. 19,- e4 ir) ... .! 4 jy .'pyY' y"y Jc e_� •! • ! J d;•lr..!'•p-• y Ikv�sa _f!!II YLn �'!J 75A-117 Car S(atton remodel & Car Nash D? No.2019-14 Mmter 11) hn. 2019.151108 June 19, 2019 Page 2 of 2 Please keep in mind that Development project Review is valid for one year. Any submittal after the one year tune period, or the submittal of a different project at any time, will require the payment of new furs. Feel free to contact me if you have any questions, if you would like to schedule a meeting to discuss the attached comments or when you are ready to resubmit your revised plans. I can be reached by email at SKukthot(a.3anta-ana.org or by phone at (714) 667- 2740. Sincerely, Selena KcIaher, AICP Associate Planner SK: M Vkr {aPmu6 PmpeWDP p619.14 NI HTtI91R • Crr WxsRDAC Ic*,, DP 2019-14-Itoodl hwhcr U1 )25 N TLR9u dce 75A-118 MEMORANDUM 11 MCT AL 4-0275 TO; Finance $ ManagemenlServloes Ageary i��I Friday, April2.6, 2019 C FROM! Planning and Budding Agency t SUBJECT: Miscellaneous Cash Transacuon "^ � All fees are su blect to change at any time and may also be affected by scheduled adfus tments on July 1 of eath year The Payee must pay the Pre walling rate al the time payment is made 'ROJECT NAME Gas 61.610e11, RemOrlel and Car I'Vash MASTER ID # 2019-151108 PROJECT ADDRESS 301 N Tustin Ave, Santa Ana, CA 927D5-38X AP #400-032-03 Ipplication# DP.2019.14-NEW Permit# ISSUED TO Russet Fischer Partnership ADDRESS 16061 Beach 131wd Huntington Beach, CA 92647 1 Categorical E9empl4bhnmriviron me^Lai Determ-naFicn 7 l7euelepment Prorad Review Comments DP-2019-14 tsssed By Kel Ater. Se lena(Planning and Bur ldin g Ageney) NOTES: For payment to be considered complete. a M isceElaneous Cash Trs nsaettun (MCT) must be paid in full App{idant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system Page 3 of 3 1 0000 5633 54 6633 54 011 t6Q02 5MO7 1 DODO 519.918 80 819,918 88 011 t6CO2 53616 t. Rsf:. rt ,yti s:9155f' • r i4F f: ".411NEh`HI}• k5;37 41a.•..,y [;•�,au..,.rr+•3�FN Al -t I•v: f171 '+rlt TOTAL FACT AMOUNT. $ 20,552.34 G� Account # 01116002 53607 01116002 53616 I4tI? 8633 54 519,916 60 DP II 14 75A-119 Discretionary Action New Submittal Case Planner: Kelaher, Selena Distribution List: 0 Planning - CasePlanner ® Planning -Planning File Planning - Urban Planner 0 Building Department E1 City Attorney ® Housing ❑ Parks. Recreation 8 Comm Services Phone Number: 714-667-2740 skelaher@santa-ana org ® Police Department ® Public Works Development • Public Works - Traffic • Public Works - Water (ZNiP ® OCFA (SR #278903) ❑ Other Project Information DP#: DP-2019-14-NEW MID#: 2019-151108 ERM Date Submitted: 0510112019 Expedited: ❑ Draft Comments Due: 0512)12019 Project Name: Gas Station Remodel and Car Wash DRC Meeting Date: 0512312019 Street Address: 30' N Tustin Ave Final Comments Due: 0512812019 Applicant: Finkel, Richard Keith Request Site Plan Review For: Conditional Use Permit lVariance Zoning: P GP: PAO Redev. Area: NA Project Description: The applicant Is proposing to remodel the existing gas station and convenience store at 325 N Tustin and to construct a new automated car wash at 301 N Tustin A lot line adjustment is also proposed A CUP will be required for the car wash and for 24-hour operation of the convenience store A Variance wfil be required for the reduced franl landscape yard on Tustin Avenue 75A-120 EXHIBIT J 75A-121 €— Za 011 BMET s,N � n �"g1.i1T'v •J.C'� b s' I Y Q1 y f T m J- Ell _ r � F i i[ g C r_ gyp`p ,:. souRCE: BuNDY—nNKEL ARCHITECTS FIGURE 2-2�NO SCALE PROPOSED SITE PLAN TUSTIN AVENUE RETAIL. SANTA ANA 75A-122 5tr-£ anuaAV u11snl gVIDN SZE Pue TOE OT-STOZ'ON aVA U-6T6Z ON dn:) 'OE-610Z 'ON JnD auO35 11ela8 ig ysem ie:) NVId 3115 - 511E1Hx3 ❑ ❑ ❑ ❑ _ ❑ - - Mn -....1 .I ` ..1; El El !a �E ❑Li m H m� 'J El LJ L)-- - - _ e _❑ E { » m ❑ 71 I SITE PLAN for 2019 Revised Project - Russell Fischer Express Car Wash 75A-123 EXHIBIT K 75A-124 Irvine Advisory Group, LLC Horne I News I Prujeets I Links [ Contact Us IAG Advisory Committee Paul Dadgar, Principal of Irvine Advisory Group, LLC, Is proud to announce the formation of its Advisory Committee, The Members of the committee are all independent professionals with ties to the Car Wash & Service Station Industry and Capital Markets. Some of the Members include: Robert Geringer, President Geringer Capital, Investment Bankers Mr. Geringer is an experienced and diversely skilled entrepreneur in a variety of industries, with a particular focus on real estate. He has participated in the management of numerous private and public real estate development companies in various locations across the United States. His business acumen draws upon his years as an accomplished tax and business attorney, whereby he gained practical and legal experience in development, finance, taxation, syndications, mergers and acquisitions, and creative financing solutions to maximize real estate values. Highly experienced In all sectors of real estate development, Mr. Geringer has achieved great success in the development of commercial and residential real estate projects in California, New Mexico, Tennessee and Texas. Mr. Geringer received a B.A. in Economics from UCLA, a J.D. from Southwestern University School of Law, and an LL.M. in Tax Law from New York University School of Law. Robert ]. Roman, President, RJR. Enterprises, Carwash Advisors RJR Enterprises provides consulting services for start-ups and going concerns. The firm specializes in location assessment, feasibility study, strategic planning and opinion of value. Before forming RJR Enterprises, Robert was involved in Carwash management and owned and operated carwash, quick oll change and detail shop businesses. Prior to this, Robert was employed as environmental program manager For local and state agencies. Robert holds degrees in Business Administration from University of South Florida and has advanced training in travel demand forecasting, pollution prevention and automotive technology. Robert Is also a contributing editor to Auto Laundry News, the carwash industres leading trade .journal. Ken Green Fuel Pros J Wash Pros Ken Green is currently Vic President of Fuel Pros & Wash Pros has over 30 years of experience in construction, sales, service and maintenance of the service station & car wash equipment business. Fuel Pros & Wash Pros headquarters, warehouse and Central Service Center is located in Chino, CA, Fuel Pros, Inc. (Fuel Pros) is a dynamic, service oriented, construction, maintenance, and testing company committed to providing superior professionalism to ali operators of fueling systems, carwashes, convenience stores, and card locks. The Company provides service primarily in Southern California but is proficient throughout the State. The company's Car Wash division has an exclusive Affiliation Agreement with a company founded by Mr. Dadgar called American Carwash Equipment Solutions (ACES) providing ACES technicians and mechanics proficient in the installation and 75A-125 maintenance of all major carwash systems. Richard Keith Finkel, A.I.A., Principal, Bundy Finkel Architects A graduate of Cal State Polytechnic University at Pomona (1984, Bachelor of Architecture) and Pierce College, Woodland Hills, CA (1980, Associate of Arts), Mr. Finkel has been a Principal at Bundy -Finkel Architects in Newport Beach, CA since July 1991. His duties include marketing, design„ construction administration, CAD operations and general office administration. From August 1989 to July 1991, Mr. Finkel was Principal and Director of Operations at Blomgren Associates Architects, Orange„ CA. His dirties included marketing, design, construction administration and overseeing production operations including CAD system. He served as Project Architect from May 1984 - August 1989 at LPA, Inc. in orange, CA. His duties included project management, creation of working drawings and specifications packages for commercial, industrial, and office projects. Prior to holding that position, Mr. Finkel worked as Project Manager at Arnel Development, Tustin, CA. He also taught Architecture Design at Saddleback College in Mission Viejo, CA from August 1994 June 1995. Mr. Flnkel holds the following licenses: California State License # C19014, Nevada License 154311, Arizona License 9l35328, Colorado License #305951, and Maryland License 412165, Scott Strong, President Strong, Inc., Specialty Construction Contractor After graduating from high school in 1985, Mr. Strong began working full-tlme constructlon during the day and attended full time college at night. In 1991, he graduated a B.S. in Engineering & Construction Management from California State University at Long Beach. Prior to starting Strong Inc., Mr. Strong was the Vice President of United Pacific Environmental which speclalixed in fueling system work, environmental clean-up and service station construction. Since 1998, Scott Strong has led Strong Inc. in construction of gas stations, carwashes, truck stops and fueling systems. From remodels, to facility upgrades to ground -up construction, Strong provides up -front consultation, cost analysis, and turd -key construction contracting. Strong Inc. is based in the Long Beach area and operates throughout southern California. Steven Elser and Kurt Wagenknecht, Partners in X12 Architects Inc., Architects Kurt P. Wagenknecht and Steven C. Elser formed K12 Architects in June of 1998. Based in Sacramento, California, K12 Architects provides comprehensive architectural services for a variety of project types including, car washes, fuel stations, retail, office, industrial, and commercial buildings. With over 25 years experience, Elser and Wagenknecht have constructed many high end Full Service and Express Exterior Car Washes throughout Northern California. Their services Include project evaluations, site evaluations, master planning, program analysis, construction cost estimates, design„ construction documents, and construction administration. Michael Geyer, President of Auto Convenience Centers & ARCO AM/PM® As managing partner of Ramon Canyon Associates, L.P. since 1993, Mr. Geyer completed the land acquisition, planning, permit approval process, secured the necessary financing and constructed an auto center on 1.6 acres of land in Cathedral City, Callfornia. The site has been improved with a 3,200 square foot ARCO AM/PM9 convenience store/gas station and 4,900 square foot full service Hand Car Wash and Detail Center. He concurrently formed Auto Convenience Centers (ACC), a California corporation, to own and operate the Cathedral City ARCO franchise and car wash business. ACC has operated the AM/PM and car wash From May, 1995 through 75A-126 October 2007. In early 2000 Mr. Geyer began development processing, as a managing partner of Eagle Plaza LLC, for a 2.1 acre site in the City of La Mirada, County of Los Angeles. The project consists of a 3,200 square foot ARCO AM/PNI(e), an attached 2,500 square foot fast food restaurant w�drive thru and a non -branded five fueling position large truck diesel fueling canopy. The project opened In juiy or 2003, and in 2007 ranked in the top 1% for ARCO AMIPM@ franchised operators, generating in excess of $23,000,000 In sales. Geyer was selected by the BP ARCO Leadership Team to serve on the inaugural Franchise Advisory Council, Steve Welge, Vice President of Hi-Def Lighting & Electrical, Inc. Mr. Welge has worked in the construction industry since 1984. Prior to helping start Hi-Def Lighting & Electrical, Inc, In 2013, Steve worked in several positions at Fillner Construction, Inc. from 1990 until 2013 which included President beginning in 1998. Prior to joining Fillner, Steve worked in several positions at ARCO from 1984 until 1.990, including construction engineer, environmental compliance officer, and head of maintenance. Steve has a BS In Engineering from UNR and an MBA from SCU. Steve joined Fillner as a Project Manager/Estimator, then moved on to real estate acquisitions/sales, project entitlements, and financial assessment of various development projects. Hi-Def Lighting & Electrical, Inc. is a one -stop shop for commercial electrical and energy efficiency measuros primarily targeting LED lighting retrofits. The two partners (Steve Welge and Eric Dickson) each have over 30 years in the service station industry. Steve's background is primarily general construction, development and finance. Eric's background is in commercial electrical [specializing in fuel facilities]. Eric is also very active in this Industry and has served as a trainer for WECA, member and trainer for the CA Electrical Inspectors Association, and as a reviewer for portions of the NEC during their code review every three years. Hi-Def is based in Rocklin, CA (Sacramento region), and operates throughout Northern California. Hi-Def provides both design -bid -build, and design -build services for electrical. Chantal M. Mariotti, Executive HR Consulting Group, HR Consultants Ms. Marlottl founded Executive HR Consulting Group, Inc., in April, 2003, providing full range of HR services - fiom labor relations to training and employee relations. The company serves a number of industries, including the car wash industry, restaurant and hospitality, architectural, banking, scientific, internet and retail. With a high level of experience in customer service, Executive HR Consulting Group understands how to become a business partner with their clients. A graduate of the Institute Chateaubriand in Cannes, France, Chantal was initiated to the HR field in both the banking and insurance industries. She then started her career in hospitality human resources in the lodging industry and worked with Hyatt Hotels for nine years. Her experience Includes working in both union and non -union environments and successfully implemented the "shared -services" concept, directing two properties simultaneously. Throughout her career, Chantal has successfully negotiated numerous labor- management agreements with various labor union organizations, and served as Trustee on the Los Angeles Hotel and Restaurant, Ernployer/Union Trust Fund. She is an active member of the California Chamber of Commerce, The Society for Human Resources Management, Professionals in Human Resources, The Employment Management Association and the California Restaurant Association. Copvright�D 2016 Irvine Advmry Group, LLC All rights resa , 75A-127 75A-128 Irvine Advisory Group. LLC News I Projects l Links l Contact Us ,Irvine Advisory Group is a consultancy ocaded 6y Fa,:er Cladgar that has speciahzed in all facets of the carwash industry for over 75 years. Services: Irvine Advisory Group provides assistance and independent analysis to operators currently in the carwash industry, developers, U5 and International investors in the fallowing areas: • Customized Research Reports & Consulting Studies for Strategic Planning and Mergers & Acquisitions • Development Services & Support to Builders - Feasibility Studies, Demand Analysis & Site Recommendations • Transaction Funding Strategies & Recommendations • Equipment Financing and Leasing Programs • All Aspects of Full Service, Flex Service Express Exterior Operations and Management Recent Flews (C1ick fol FresS Releases and Arild+esj Lakewood Car Wash Reopens! Case Study: Cruiser's CarWash Car Wash Case Study - Cruisers Car W... F;-] Paul nadgar, Principal Paul dadgar has been actively Involved Ill the Car Wash and Service Station industries for over 25 years. In the late 80`s to early 90's Mr. Uadgar was involved In providing financing to the car wash, service station and alter automotive related industries. In the mid LWO0 Mr fladgar faa*ed on providing mergers and acquisition support services to car A -ash and service station business Owners. The firm was also involved in consulting Investors in other high cash flaw real estate ventures. In 1997 Paul Dadgar founded Carwash of America, LLC, a car wash company, funded by wall street investors that owned and operated ten (N) Ful I•Service Car Washes with branded Seivloe Stations and Fire (5) Jiffy Lu bes. Today, Mr. Dadgar is active In all aspects of the firm'5 consulting $ development efforts nationally. He is intensely pas5iomte about the industry and has a deep understanding of the business. He has been a featured speaker at car wash oonventlons and authored car wash related articles for Industry trade magazines. consulting Rates Fiff out fh is form- 75A-129 77042h Irvine Advisory Group, LLC Home I News I Links I Contact Us Carwash Projects and Business Strategies Consulting Services Expanded n Irvine Advisory Group, LLC provides consulting services to private research firms that serve the investment community worldwide. Mr. oadgar, makes scheduled presentations to the Firms' clientele who are researching the car wash industry and include well known Private Equity Firms, Pension Funds, Asset Managers, Investment Banks, and Venture Capital firms with over $300 billion of assets under management. American Canwash Equipment Solutions (ACES) A meriewa -C arwmh Egvipmcrzt ,Rosman °` S nlr.rtionx We Are C"arwash AI.'iiH Paul padgar is the founder of ACES, a full line distributor of some the finest car wash equipment in the industry. The company works with a network of distributors that have over 50 years of combined history in equipment distribution, installation, service and repair. ACES projects are some of Hie first to Comply with the National Carwash Installatlon Standard ` (NCIS'") originated by one of its affiliates and which will soon become an industry benchmark. The company offers car wash operators several specialized ,programs such as the Hybrid Car Wash System"', Express Exterior Enhancement Package'", Min Max In -Bay )[press'"', In Say Express Plus'" (EDR) and the Instaflex Conversion Program". Business Growth Strategies ffiaNASCAR CARWASH and Irvine Advisory Group, LLC entered into an agreement whereby IAG will assistance the company in its strategic growth plans to develop into a national chain. IAG has made introductions to investors both for the purpose of raising private equity and entering into licensing agreements to build, own and operate NASCAR CARVNIASH locatlons in selective regions of the USA. Collaborating for Success Irvine Advisor Group, LLC provides FasGXpress general advisory services in So California. In addition IIAG through its affiliations with car wash equipment manufactures has provided the company with its state-of-the-art central vacuum system. Fast 5 Xpress Is the Fastest growing Express Exterior Canvash chain in Southern California. Investor Services to the Detail Industry 75A-130 Irvine Advisory Group provided general consulting services to the owner of Beach Cities Car Wash & Detail. The Detail Shop is one of the most successful in Southern California, currently servicing many high end exotic dealerships. Business Planning and Implementation Irvine Advisory Group, LLC was chosen by this 50 year old chain, once the largest regional chain in California, to assist the family owned company with its next generation Wategic plans. Beacon v+' a�s 00N Bay owned some of the finest car wash and detail shops in 'r orange County including the crown jewel of the chain in Newport AUTO WASH Beach at Fashion Island. Redevelopment and Modernization from Full Service to Flex Service Car Wash l fi ■! W 0 0 LAG worked with the client to develop a modern Flex Service model operation. The effort was extensive and included working with the contractor to remodeling and modernizing a — year old facility to include a new equipment room, new boutique and comfortable waiting area for customers. Many State of the Art Innovations were Incorporated in the car wash including: This venerable SD year old facility undenkent extensive remodeling and reopened as a new, modern Flex Service operation, featuring a new boutique and comfortable waiting area for customers. The car wash tunnel was remodeled with construction work necessary to support a new conveyor system and state-of-the-art all cloth equipment including on-line tire dressing and most recently a Dry N Shine'". The conveyor and tunnel are approximately 160 feet long, so IAG incorporated multiple services and marketing packages including an online express wax process called California Speed VJaxT" FAG recognized that there will be new innovations both in equipment, marketing and new product lines and has provided for the additlon of all these updates in the design parameters of the tunnel. IAG also worked with Vacutech Systems to incorporate a specialized central vacuum system for the Express Detail area and the customer Self Service Vehicle Enhance Center. The car wash is designed to incorporate automated pay stations and gates, which will also include a new PC's to be incorporated in later phases of the modernization plan. Washlink Systems provided the car wash with a new Motor Control Center and Variable Frequency Drives for power conservation. Recognizing the concerns related to environmental stewardship & Issues with California's drought, IAG also incorporated and elaborate water saving reclaim and RIO system capable of greatly reducing the amount of fresh water used in the wash process. Strategic Expansion Plans for a Chain of Washes and Quick Lube Business IAG provided strategic market data and other strategic planning services to a client that acquired a chain including two full service carwashes a self- service carwash and quick rube. The transactlon was settled privately as both parties preferred that the information remain confidential. IAG was also responsible for providing the company recommendations it needed to maintain its competitive advantages and building on its management infrastructure. Consolidate Through Mergers and Acquisitions with Public Exit Plan IAG has acquired several washes for the client and identified other M&A candidatesIAG is involved in the strategic growth plans of a client that is diverslfying their existing business portfolio by acquiring and operating Full Service and Express Exterior car wash businesses. The clients' business plan was to acquire multiple sites In their metropolitan trade area and ultimately 75A-131 seek an exit strategy in the public or private equity markets, IAG has also provided consulting services related to marketing, management oversight, sales training and operational policies and procedures. Conversion of a Full Service CW to an Express Exterior Car Wash OftoIAG represents a client who acquired an old full service carwash which had been neglected for the past 10 years. The clients' strategy was to acquire the location, secure permits to remodel, re -equip then re -introduce the business as a state of the art Express Exterior Car Wash. A great deal of research was done to insure that the new model would find favor and success within the community. IAG also helped the client research and secure significant community redevelopment funds and tax benefits through the state and local utilities, Working with a Public Company to Introduce a New Carwash Franchise Mr. Dadgar along with other consultants were chosen and exclusively hired by a large publicly held company to support its entry into the carwash industry. Mr. Dadgar was involved in providing predevelopment location grn416 IISH andtechnical matrix, osite studies, ain ng of equipment menu andprsite m a nagers, train i ng the CaaW trainer programs, and selection of the operating business model. Mr. Clean Performance Car Wash is a National Franchise in the Car Wash Industry. Exterior Carwash Development IAG spent two years researching the exterior car wash Industry, meeting with some of the largest Family owned operations and equipment manufacturers, reviewing site characteristics and demographics and various operating business models across the United States. IAG now brings this experience and business know how to its clientele, throughout California. Subsequently, Mr, Dadgar was involved in the planning, development, construction and operations of his own Express Exterior Garwash. IAG is working with developers & investors throughout the State of California who are in various stages of development with similar Express Exterior Car Wash projects. CopVryht i9 2019 rrNnp rlrly�5[ny Gr��D. I I,[, AIr right; reserved. 75A-132 HAND CERAMIC XFRESS DETAIL WASH COATINGS &A WASH SERVICES - r . .. _ - •`^^Mar I _.. ABOUT US For over 30 years, Russell Fischer Car Care has set the standard for vehicle maintenance. Wherever you are, whatever vehicle you drive, you'll find no Car Wash does it better than Russell Fischer. We are committed to our customer with fast, qualityvehicle service to preserve the health of your vehicle for years to come. Year on year, we maintain a 99.5% cu stomer satisfaction rate and have washed over 12 million vehicles! With three Full -Service car care centers and two Xpress car washes in Huntington Beach, Santa Ana, & San Clemente, Russell Fischer is one of the largest systems of company operated service centers in the car care industry offering quality xpress and premium hand car washes, detail services and ceramic pro permanent paint protection. Headquartered in Huntington Beach, California, we are centrally located to ensure each of our locations receive the love and care that they deserve. Remember, a clean car is a happy car! a.ntington Beach. CA 22 folluwers See all 9 employees on Llnkeddn -1 About us For over 25 years, Russell Fischer Car Care has set the standard for vehicle maintenance. wherever you are, whatever vehicle you drive, you'll find no Car Care Center does it better than Russel3 Fischer. We are committed to our customer vrith fast, quality vehicle service to -preserve the health of your vehicle for years to corm, Year an year, Pre maintain a 99.5% customer satisfaction rate and love washed nver 11.5 millior• vehicles] whh three full servi•ae car rare renters and threes spross car v+ashes- In Grange County, Rils.se11 Fischer is one of the largest systems at company operated service centers in the car care indush V. Headquartered in Huntington Beach, California, xe are centrally located to ensure each of our locations receive the love and care that [hey deserve: Remember, a clew car is a hapoy ca rl Wells" htrp:jfwww. russetlf ischer. cam Headquarters Huah"ton Reach, CA Year Founded 1957 Company Type Partnership Size 201-500 employees IRS5 F Employees at Russell Fischer Partnership People also viewed Mardicorp Rear Estate 11-60 employees Golden Tutors �OL4EH Education Managemen 1-10 employees BHIC LLC - RollanbacF Financial Services Abode LLC Real Estate 1-10 employees 8HYC, LLC In etc, 1.11 investment Managemei 11-5;o employees Commonii ith Par tni ...... ,., a, Commercial Real Eszalf 51-200 employees 75A-135 EXHIBIT L 75A-136 ESC[3N DI DO City rq CITY COUNCIL STAFF REPORT ' Public Hearing Item No. 9 May 23, 2018 File No. 0810-20 SUBJECT: Amendments to the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan to Limit Canvash Facilities and Maximize the City's Ability to Exercise Discretionary Review of Carwash Facility Applications (AZ 18-0003) DEPARTMENT Community Development Department, Planning Division RECOMMENDATION: It is requested that the City Council introduce Ordinance No. 2018-13 to amend Article 16 (Commercial Zones), Article 26 (Industrial Zones), and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code; amend Table 4.1 of the East Valley Parkway Area Plan; and amend Table 4.2 of South Centre City Specific Plan to enhance land use regulations for carwash facilities. PROJECT DESCRIPTION: The Project involves an update of various City codes and regulations to maximize the City's ability to exercise discretionary review of carwash facility applications. The purpose and intent of this Zoning Code Amendment is to list "carwash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards to allow for the typical range of activities typically associated with carwash primary or accessory uses, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendments also requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure self -storage facilities are reviewed and considered consistently, citywide. PLANNING COMMISSION ACTION: On April 24, 2018, the Planning Commission adopted Planning Commission Resolution No. 6118, recommending that the City Council approve the proposed amendments, by a 5-0 vote (Commissioner Cohen absent and Commissioner Watson recused himself). The April 24, 2018, Planning Commission meeting minutes and staff report are included for reference as Attachment 1 and Attachment 2 to this report, respectively. ENVIRONMENTAL REVIEW: The proposed Zoning Code Amendments are exempt from environmental review in conformance with California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Projects seeking to implement the amended provisions of the code that regulate self -storage facilities would be subject to separate review under S[arf 1 purt - Council 75A-137 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 2 the California Environmental Quality Act (CEQA). Therefore, pursuant to CEQA Guidelines Section 15061 (b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. BACKGROUND: Business owners and operators in the carwash service industry have experienced steady growth over the past six (6) years, as the economy began to recover and car ownership increased, While at the same time, lower gas prices have also translated to a greater amount of personal car use, which has had a positive impact on car service -based business. Although car -use demand within the industry is expected to continue, it is expected to be a slower pace than the previous six (6) year period. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the City. It is estimated there are approximately 29 carwash facilities in the City now with four (4) more in planning stages or under construction. In response, the City Council exercised its judgement to halt permitting for additional carwashes or expansions of existing facilities. Given uncertainty about the adequacy of existing carwash related regulations, a carwash moratorium was adopted on May 2, 2018. The intent of the moratorium was to temporarily halt permitting for additional carwashes or expansions of existing facilities so that the City could study the potential effects of the proposed use and establish new, permanent regulations. Through the May 2, 2018, adoption of the interim ordinance, the City Council effectively added consideration of a carwash ordinance to the ordinance priority list. The current moratorium is in effect until June 16, 2108. The moratorium could be renewed for a total duration of two (2) years after public notice and public hearings, if needed. Carwash facilities are listed as a permitted use in the CG (General Commercial) Zone and also have been approved administratively as "automotive services" in the M-1 (Light Industrial) and M-2 (General Industrial) Zones. Escondido has the most ,permissive policy towards carwashas compared to other agencies in North County. All other North County cities (San Marcos, Vista, Oceanside, Carlsbad, Encinitas, Solana Beach, and Del Mar) a]I require planning commission or city council approval for carwash facilities through issuance of a conditional use permit. City staff has conducted an extensive review of the legal, policy, and neighborhood compatibility - related issues involved in regulating carwash facilities. This review has included evaluation of regulations adopted by other California cities and counties, as well as the recommendations of the American Planning Association (APA). It is important that the City take the time provided by the interim ordinance to carefully and thoughtfully assess the impacts generally created by these types of uses in commercial or industrial areas, and develop regulations that are tailored to the impacts and protect the community. Since the moratorium was adopted on May 2, 2018, significant progress has been made and code amendments have been drafted to follow-up and meet the objectives of the interim ordinance. Overall, the approach to the issues outlined in the interim urgency ordinance are 75A-138 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 3 same as those presented to the Planning Commission on April 24, 2018, as set forth in Attachment 1, and provided in Exhibit B to draft Ordinance No. 2018-13. The Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new carwash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57, special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the City's Noise Ordinance, Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated carwash facilities, regardless of zone district type. APPROVED AND ACKNOWLEDGED ELECTRONICALLY BY: Biff.'ARart in, Directa rof Community Development 511712018 10:18 a.m. ATTACHMENTS: WIike Strong, Assistant Director of Planning 511712018 5:51 a.m. 1. Attachment 1 — April 24, 2018 Planning Commission Meeting Minutes 2. Attachment 2 — April 24, 2018 Planning Commission staff report 3. Ordinance No. 2018-13 4. Ordinance No. 2018-13 — Exhibits "A" and °B" 75A-139 Planning Commission 04/24/18 ATTACHMENT 1 are more closely aligned with critical overarching economic goals of the city, while also addressing concerns about certain types of businesses and neighborhood compatibility. Commissioner Weiler and Mr. Strong discussed Item H, on Page 7 of the staff report as well as a clarification of the scope of analysis required for existing storage facilities looking to expand. Mr. Strong clarified that the proposed demand analysis and economic impact study would not change the nature of existing property owner/operator rights. Commissioner McNair and staff discussed the requirements for new storage facilities. Commissioner Watson and staff discussed Item B on Page 3 of the staff report. Commissioner Watson expressed his concern with the use of the word, .obnoxious" as outlined on Item C on Page 7 of the staff report. Mr. Strong indicated that the word "obnoxious" could be interpreted as different meanings. Mr. Strong stated that it is existing language and the focus of the Zoning Code Amendment was to not change existing criteria, but rather to expand upon it. Mr. Strong notes that the Commission could suggest replacement language as part of their recommendation to City Council. Commissioner Weiler supported staffs recommendation and suggested allowing storage facilities in other industrial zones, such as M2 zones. Vice -chair Romo was apposed to allowing storage facilities in the M1 and M2 zones, feeling there were better economic uses for those areas, He was in favor of limiting the proliferation of storage facilities. Chair Spann felt the market would dictate whether storage facilities were warranted. ACTION: Moved by Vice -Chair Roma, seconded by Commissioner McNair, to approve staffs recommendation. Motion carried unanimously. (6-0) 2. ZONING CODE AMENDMENT — AZ 18-0003: REQUEST! Amendment to the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of drive -through car wash and detailing land 75A-140 Planning Commission 04/24/18 - May 23. 201 S City Council Staff Report AZ1 B-0003 Attachment 1 Page 2 of 2 use applications. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. PROPERTY SIZE AND LOCATION: Citywide Commissioner Watson recused himself from Item 2. Mike Strong, Assistant Planning Director, referenced the staff report and noted staff recommended approval of the proposed Zoning Code and Specific Plan Amendments for the following reasons: The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Mr. Strong also noted that the proposed language provides exception criteria for temporary non -for -profit car wash activities and suggested that the exceptions should also apply to mobile detailers or temporary for -profit businesses. Vice -chair Roma and staff discussed the requirements for self-service car wash facilities. ACTION: Moved by Commissioner Weiler, seconded by Vice -chair Roma, to approve staffs recommendation, Motion carried. Ayes: Garcia, McNair, Spann, Roma, and Weiler. Noes: None. Recused: Watson. (5-0-1) 75A-141 ATTACH AENT 2 ESCONDIDO Cary of Croke� Agenda Item No.: I_2 Date: April 24, 2018 CASE NUMBER: APPLICANT LOCATION AZ 18-0003 City of Escondido Citywide TYPE OF PROJECT: Zoning Code and Specific Plan Amendments PROJECT DESCRIPTION: A proposal to modify Article 16 (Commercial Zones), Article 26 (Industrial Zones) and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of car wash and detailing land use applications. The Zoning Code Amendment requires ancillary and conforming amendments to the South Centre City Specific Plan and East Valley Parkway Area Plan to ensure car -wash facilities are reviewed and considered consistently, citywide. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. STAFF RECOMMENDATION: Recommend the City Council approve the proposed Amendments described in Exhibit "B." BACKGROUNDISUMMARY OF ISSUES: Car -wash and detailing uses typically service motor vehicles and domestic equipment owned by residents in the surrounding neighborhoods. However, car wash and detailing uses have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and oar stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the city. It is estimated there are approximately 28 carwash facilities in the city now with four or five more in planning or under construction. It is anticipated that a canvash moratorium will be considered as an urgency ordinance by the City Council on May 2, 2018- The intent of the moratorium would be to halt additional carwashes or expansions of existing facilities until updated regulations can be implemented. The purpose and intent of this Zoning Code Amendment is to list "car -wash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards which allow for the typical range of activities, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendment would treat self-service car wash facilities the same as automated car -wash facilities; however, some of the proposed special use regulations would apply only to the drive -through, automated car -wash facilities. REASONS FOR STAFF RECOMMENDATION: Staff recommends approval of the proposed .Zoning Code and Specific Plan Amendments for the following reasons 75A-142 May 21. 2014 Ck Coumil Staff Reps! AZV8 M03 kachftwnt 2 Page 2 of T • The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. • The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. • The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Respectfully Submitted, Mike Strong Assistant Planning Director EXHIBITS: A Factors to be Considered/Findings of Fact e Proposed Zoning Code and Specific Plan Amendments 2 75A-143 May 23, 218 City Council Staff Rapan AZU- P3 Ftta[hm l2 Pago 3M7 ENVIRONMENTAL ANALYSIS: The proposed Zoning Code and Specific Plan Amendments are exempt from CEQA, pursuant to Section 15061 (b)(3). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Zoning Code and Specific Plan Amendments would not, in and of themselves, result in development or any other material change to the environment. Projects seeking to implement the amended provisions of the code that regulate car wash facilities would be subject to separate review under the California Environmental Quality Act (CEGA). Therefore, pursuant to CEGA Guidelines Section 15061(b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. ZONING CODE AND SPECIFIC PLAN AMENDMENT ANALYSIS: Currently, car -wash and detailing facilities are a listed use in the Commercial Zone (Article 16) portion of the Escondido Zoning Code. Article 16 does not differentiate between self -serve car -wash facilitates and automated car -wash facilities; and the code does not differentiate between primary use or accessory use. Therefore, these facilitates, regardless of size or intensity, carry the same land use assignment. Car -wash facilities are permitted by -right in the Commercial General (CG) Zone. Car - washes are not permitted elsewhere in the Zoning Code. Car -wash facilities are authorized as a conditionally permitted use in the East Valley Area Plan; as a permitted use (by -right) in the South Centre City Specific Plan (Southern Entry Commercial District and WM Commercial District); and as a permitted use (by -right) in the West Mission Specific Plan (because the plan defers to the citywide Zoning Code). Currently, there are no special use regulations established for car -wash facilities. Zoning determines what can be built on your property and which uses are allowed. Typically, this is provided within the Zoning Codes, and land uses are categorized as primary permitted uses, accessory uses permitted in combination with primary uses, temporary uses, conditional uses, and prohibited uses. Conditionally permitted land uses are subject to review by the City's Zoning Administrator or Planning Commission through a public hearing. The .Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new car -wash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57. special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the city's Noise Ordinance. Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated car -wash facilities, regardless of zone district type. 3 75A-144 May 23, 2018 City Cowo1 Staff Report AZ18-p0W AttachmmU Page d 017 EXHIBIT "A" FACTORS TO BE CONSIDERED/FINDINGS OF FACT AZ 18-0003 Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed ,Zoning Code and Specific Plan Amendments. The proposed amendments revise the permitting process for car -wash facilities- The proposed zoning Code Amendment, establishing special use regulations, would not be detrimental to surrounding properties because no physical improvements are proposed as part of this Project, and the proposed changes are to enhance neighborhood compatibility and land use -related buffering- Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code Amendment would be consistent with the goals and policies of the General Plan because the amendment would not, in and of itself, result in development or any other material change to the environment- The proposed Zoning Code Amendment would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires an ancillary and conforming amendment to the East Valley Area Plan and South Centre City Specific Plan to ensure car -wash facilities are reviewed and considered consistently, citywide- 3. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. 4. The proposed Zoning Code Amendment does not conflict with any specific plan. The City's existing specific plans may refer to car -wash facilities as a permitted or conditionally permitted use. In those instances, special use regulations are referenced far design standards and other permit review -related criteria, which encompasses new specific conditions or standards, as amended through this proposed amendment. This Project requires ancillary and conforming amendments to the East Valley Area Plan and South Centre City Specific Plan to ensure car - wash facilities are reviewed and considered consistently, c"ide- 4 75A-145 May 23. 2018 City Council Staff Report A219"3 Rtlachm t 2 Page 5 or T EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 Amend the various Zoning Code sections to read as specified below. The changes are listed in order by section number, with stskeeut typeface illustrating deletions and underline typeface illustrating new text. SECTION I. Article 16, Sec. 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) CG CN CID PC Article 26, Sec, 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. 1-0 M-1 M-2 I-P Car -wash, polishing, C C vacuuming, or detailing (primary or accessory use) Article 57, Sec. 33-1126. ResepmclCar-wash, polishing, vacuuming, or detailing. The following section shall also apply to car -wash. polishing, vacuuming, and/or detailing uses (including self-service and automated facilities). This section applies to any primary or accessory use and any structure OF part thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and deta ifng uses shall comply with the development standards of the zon1ng district, general development standards, and this section. This section does not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days at the same location. 5 75A-146 May 23, 2016 Uy CoaaCll Stall Report AZ18-0003 Ara hmon[2 Page 6 of 7 (a) All detailing or waxing (except for spray waxing) shall be conducted inside a building_ enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. (b) Bay enclosures. (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not open, glass block, or other closed material may be used as part of the wall face. (2) All carwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water, chemicals,and dust. (c) The exit from the car wash shall have a drainage system which is subject to the approval of the Cit . (d) Vacuum stations. (1) Vacuum stations and related euuipment shalt comply with the setbacks for the principal structure. 2 The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, wall/fencing, andlor berming. e) Automated and drive -through car -wash related facilities must also comply with the requirements set forth in Section 33-341(b). 1) The following types of land use activities shall be subject to Section 33-1125 of this article. (1) The construction of a new car -wash related faoility; and (2) The expansion of an existing car -wash related facility that Increases the size of the lot and involves new land area devoted to car -wash related improvements. Other types of expansions, additions, repairs. uogrades, replacement or reconstruction of existing facilities _shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with steilceaat typeface illustrating deletions and underline typeface illustrating new text. 75A-147 May 23, 2018 City Counol Staff Repcn AzlB-0003 Atlachment7 Page of 7 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C" detailing, as a primary or accessory use [Section 33-11261 SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with str keeot typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DIstrictslSubareas. Establish land use authorization for ear -wash facilities, by conditional use permit. Car -wash, polishing, vacuuminq. detailing {as a primary or accessory use, subject to Section 33-1126 of the EZC} WM General SE General RC RC 7 75A-148 ORDINANCE NO. 2018-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING ARTICLE 16 (COMMERCIAL ZONES), ARTICLE 26 (INDUSTRIAL ZONES), AND ARTICLE 57 (MISCELLANEOUS USE RESTRICTIONS) OF THE ESCONDIDO ZONING CODE; AMENDING TABLE 4.1 OF THE EAST VALLEY PARKWAY AREA PLAN; AND AMENDING TABLE 4.2 OF SOUTH CENTRE CITY SPECIFIC PLAN TO LIMIT GARWASH FACILITIES AND MAXIMIZE THE CITY'S ABILITY TO EXERCISE DISCRETIONARY REVIEW OF GARWASH FACILITY APPLICATIONS APPLICANT: City of Escondido PLANNING CASE NO.: AZ 18-0003 The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: SECTION 1. Given uncertainty about the adequacy of existing carwash related regulations in the City of Escondido, an Interim Urgency Ordinance imposing a moratorium on carwash facilities was adopted on May 2, 2018, by Ordinance No. 2018- 11. This Urgency Ordinance explicitly prohibited the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. During that time period, the City evaluated and reviewed potential modifications to the Escondido Zoning Code and other land use regulations that pertain to carwash facilities. SECTION 2. That proper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on this issue. 75A-149 SECTION 3. The Planning Commission conducted a public hearing on April 24, 2018, to discuss and consider the proposed amendments, considered public testimony, and made a recommendation to the City Council. SECTION 4. The City Council has duly reviewed and considered all evidence submitted at said hearings, including, without limitation: a. Written information; b. Oral testimony from City staff, interested parties, and the public; C. The staff report, dated May 23, 2016, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the Public Hearing. SECTION 5. The City Council finds public health, safety, and welfare concerns have been expressed regarding the proliferation and potential oversaturation of car washing facilities in the community. The economic benefit of these facilities is negligible as the City collects minimal sales tax revenues associated with carwash facility operations. SECTION 6. The City Council finds that carwash facilities also have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. SECTION 7. At this time, the City Council of the City Escondido desires to amend the Escondido Zoning Code to limit carwash facilities and maximize the City's ability to exercise discretionary review of carwash facility applications. The Zoning Code 75A-150 Amendment requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, Citywide. SECTION 8. This action is exempt from environmental review pursuant to California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Any future project or development as defined by the CEQA that may occur as a result of the amended language would be subject to CEQA review and analysis. SECTION 9. That upon consideration of the staff report, Planning Commission recommendation, Planning Commission staff report, all public testimony presented at the hearing held on this project, and the "Findings of Fact," attached as Exhibit "A" to this Ordinance and incorporated herein by this reference as though fully set forth herein, this City Council finds the proposed amendments are consistent with the General Plan and all applicable specific plans of the City of Escondido, as amended. SECTION 10. That the specified sections of the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan are amended as set forth in Exhibit "B" to this Ordinance and incorporated herein by this reference as though fully set forth herein. SECTION 11. Exhibit 'B" to this Ordinance provides reference to Section 33-1125 within Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code. The content of Section 33-1125 was included in Ordinance 2018-12 and is separate from this action. Because of this relationship, Ordinance 2018-13 shall not be effective unless and 75A-151 until Ordinance 2018-12 is approved and is procedurally effective within its corporate limits as a statute in the manner provided by state law. SECTION 12. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 13, That as of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 14. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-152 Ordinance No. 201 &13 Exhlbh'A" Page 1 of 1 -*0111Cj11111IINC111iii FACTORS TO BE CONSIDEREDIFINDINGS OF FACT Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed Zoning Code and Specific Plan Amendments. The proposed amendment develops new land use limitations and revises the permitting process for carwash facilities, which requires findings of necessity and strategies necessary to capture economic investment and locate development appropriately. The proposed Zoning Code and Specific Plan Amendments would not be detrimental to surrounding properties because no physical improvements are proposed as part of these proposed amendments. Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code and Specific Plan Amendments help ensure land resources are more closely aligned with critical overarching economic goals of the city, while addressing neighborhood concerns about certain types of businesses. I The proposed Zoning Code and Specific Plan Amendments, implemented over time though updated permit processing and review criteria, would likely lead to increased property values by promoting higher quality carwash facility development and/or preventing unwanted or unsightly forms of development in key areas where high employment uses are desired. 4. The proposed Zoning Code and Specific Plan Amendments would be consistent with the goals and policies of the General Plan because the amendments would not, in and of themselves, result in development or any other material change to the environment. Updating key portions of the Zoning Code establishes specific conditions or standards that would apply to future projects to promote land use ccmpall biIity, reflect current community needs, and ensure their consistent application regardless of zone district type. The proposed Zoning Code and Specific Plan Amendments would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. 5. This Project requires an ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. The proposed Zoning Code and Specific Plan Amendments do not conflict with any specific plan. 75A-153 Ordlnama No. 2014-13 E*ibi! "B" Page 1 of 3 EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 SECTION I. Article 16, Sea 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. CG CN CP Car -wash, polishing, vacuuming, or detailing rims or PC accessory use} Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) 1-0 M-1 M-2 I-P C C Article 57, Sec. 33-1126. Reserved_C_ar-wash, polishing, vacuuming, or detailing. The following section shall also aDDly to car -wash. Dolishina. vacuuming. and/or detailina uses (including self-service and automated facilities)- This section applies to any Primary or accessory use and any structure or part thereof used for the washing of cars either by manual or assembl line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and detailing uses shall comely with the development standards of the zoning district. general development standards and this section. This section does not apply to temporary car - wash activities that occur on not more than three (3) consecutive days at the same location U All detailing or waxing !except for spray waxing) shall be conducted inside a building enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. 75A-154 Ordinance No. 2018-13 Exhibit "B" Page 2 of 3 (b) Bay enclosures, (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not oven, class block, or other closed material may be used as part of the wall face. (2) All oarwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water. chemicals, and dust, c The exit from the car wash shall have a drainage system which is sub'ect to the approval of the City. [d] Vacuum stations- (1) Vacuum stations and related equipment shall comply with the setbacks for the principal structure, (2) The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, walllfencing, aridlor berming. e) Automated and drive -through car -wash related facilities must also comply with the commercial drive -through requirements set forth in Section 33-341(b). The foIlow n g types. of land use activities shall be sub'ectto Section 33-1125 of this article, (1) The construction of a new car -wash related facility: and f2) The expansion of an existing car -wash related facility that increases the size of the lot and involves new land area devoted to car -wash related improvements. Other hypes of expansions, additions, repairs, upgrades, replacement or reconstruction of existing facilities shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with strikeout typeface illustrating deletions and underline typeface illustrating new text. 75A-155 Ordinance No. 2018-13 Exhlait `T Pape 3 of 3 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C' detailing, as a primary or accessory use (Section 33-1126") SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with strikam, typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DistrictslSubareas. Establish land use authorization for car -wash facilities, by conditional use permit. Car -wash, polishing, vacuuming, detailing (as a Primary or accessory use, subject to Section 33-1126 of the EZC) ^ WM General SE General RC PC 75A-156 I!100110►1rN1:201Ct111111110101i015f AN UNCODIFIED INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, TO IMMEDIATELY PROHIBIT NEW CAR WASH USES IN CONTEMPLATION OFAZONING PROPOSAL BEING CONSIDERED BY THE CITY IN ORDER TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE WHEREAS, there are over 28 carwash facilities currently in the City of Escondido ("City"), which are permitted in a variety of manners depending on the zoning classification; and WHEREAS, the City has the most permissive policy towards carwash facilities when compared to other agencies in the North San Diego County area which contributes to the City's proliferation of carwashes; and WHEREAS, the oversaturation of carwashes in the community provides little economic benefit to the City or City residents; and WHEREAS, an urgency ordinance pursuant to California Government Code section 65858 requires a four -fifths vote of the legislative body for adoption; and WHEREAS, in light of the proliferation of car washes in the City and the impacts as provided in this Ordinance 2018-11 ("Urgency Ordinance") there exists an emergency with respect to the health, public welfare and property in the City of Escondido; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: 75A-157 SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. This Urgency Ordinance shall explicitly prohibit the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. Notwithstanding the foregoing, any existing carwash facility shall be allowed to obtain their annual Cityof Escondido business license. Any carwash facilities under construction with a valid building permit on the effective date of this Urgency Ordinance shall be exempt from this Urgency Ordinance. SECTION 3. CEQA. The City Council finds this Urgency Ordinance is exempt from the California Environmental Quality Act (Public Resources Code § 21000, et seq.) ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment (CEQA Guidelines 14 CCR §§ 15061(b)(3)) and because it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of currently permitted carwash facilities (CEQA Guidelines 14 CCR §§ 15307, 15308). This Ordinance is also exempt from CEQA because it is an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21080(b)(4); CEQA Guidelines 14 CCR § 15269.). The City Council, therefore, directs that a Notice of Exemption, (attached as Exhibit "A" and incorporated by this reference), be filed with the County Clerk of the County of San Diego in accordance with CEQA Guidelines. 75A-158 SECTION 4, Findings. The adoption of this Urgency Ordinance is necessary for the immediate protection of the public welfare, health and safety. In accordance with California Government Code § 65858 and in orderto protect the public welfare, health and safety, the City Council of the City of Escondido finds and determines as follows: (a) Currently, there are over 28 carwash facilities currently in the City which were permitted in a variety of manners depending on the zoning classification with potentially more facilities in the immediate future. The City has the most permissive palicy towards these uses compared to other agencies in the North San Diego County area which is an attributable cause to the City's proliferation of carwash facilities. (b) The current oversaturation of carwash facilities in the community provides the City little economic benefit as there are minimal sales tax revenues associated with carwash operations. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Flan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non-residential land uses that do not serve the broader interest of enhancing city revenues." Allowing the continued establishment of carwashes will result In the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. (c) Canwash facilities hire few employees and typical wages paid at carwash facilities would not increase the City's overall median incomes. Carwashes would therefore not bolsteremployee densities in commercial and industrial zones or increase the per capita median income of the community. Allowing the continued establishment of carwashes will result in the immediate loss of potential income to City residents and reduce potential employment opportunities throughout the City. 75A-159 (d) Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of live for adjacent residents and businesses. (e) As outlined above, the continued allowance of carwashes will immediately frustrate the City Council Action Plan and be detrimental to the public health, welfare, and safety. SECTION 5. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent j u risdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 5. Effective Date. The City Council hereby declares, on the basis of the findings set forth above, that this Urgency Ordinance is necessary to preserve the public welfare, health and safety. Accordingly, this Urgency Ordinance is adopted as an urgency ordinance and shall take effect and be in force immediately upon its adoption. SECTION 7. That the City Clerk is hereby directed to certifyto the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-160 PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 2nd day of May, 2018 by the following vote to wit: AYES : Councilmembers: DIAZ, GALLO, MASSON. MORASCO, ABED NOES : Councilmembers: NONE ABSENT : Councilmembers: NONE APPROVED: + � r SAM ABED, Mayor of the City of Escondido, California ATTEST: k C r DIANE HALVERSON, City Clerk of the City of Escondido, California STATE OF CALIFORNIA ) COUNTY OF SAN D€EGO : ss. CITY Of ESCONDIDO ] 1, DIANE HALVERSON, City Clerk ofthe City of Escondido, hereby certify that the foregoing INTERIM URGENCY ORDINANCENO. 2018-1 1 Passed at a regular meeting of the City Council of the City of Escondido held on the 2"d day of May, 2018. i DIANE HALVERSON, City Clerk of rho City of Escondido, California 0RDINANCE 7\10, 2018-1 1 75A-161 UHInanw2032-u uhbt'A' Pace 1 of 1 CITY OF ESCONDIDO PLANNING DIVISION 201 NORTH BROADWAY Cigrafn_Iwlce"114~ ES CONDIDO, CA92026-2798 (760) 839-4671 Notice of Exemption To: San Diego AssessorlRecorderlCounty Clerk From: City of Escondido Attn: Fish & Wildlife Notices Planning Division 1600 Pacific Hwy, Room 260 201 North Broadway San Diego, CA 92101 Escondido, CA 92025 MS A-33 Project TitlelCase No.: Interim Ordinance Imposing a Moratorium on Carwash Facilities Project Applicant: City of Escondido Project Location- Specific: Citywide Project Location - City: Escondido Project Location - County: San Diego Description of Nature, Purpose and Beneflciarles of Project: An interim urgency measure, pursuant to Government Code 65858, imposing a moratorium on the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses. The proposed moratorium would allow the Planning Division an opportunity to develop and present new land use standards regulating this particular land use. Name of Public Agency Approving Project: City of Escondido Name of Person or Agency Carrying Out Project: Name: Bill Martin, Community Development Director Telephone: (760) 539.4671 Address: City of Escondido Planning Division, 201 N. Broadway, Escondido, CA 92026 ❑ Private entity ❑ School district ❑ Local public agency ❑ State agency ❑ Other special district Exempt Status: Categorical Exemption. Because it can be seen with certainty that there is no possibility that the proposed action will have a significant effect on the environment (CERA Guidelines 14 CCR §§ 15061(b)(3)); and an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21060(b)(4). CEQA Guidelines 14 CCR § 15269.)- Reasons why project is exempt: 1. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Plan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non- residential land uses that do not serve the broader interest of enhancing city revenues.' Allowing the continued establishment of canvasheswiII result in the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. 2. Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of life for adjacent residents and businesses. 75A-162 oMmanh 2010 u Exhibit "A' P.,20t Lead Agency Contact Person. Area CodelTelephonelExtension [76M 839.4671 $ignat Bill Martin, Community Development Director pate ® Signed by Lead Agency Date received for filing at 0PR ❑ Signed by Applicant 75A-163 EXHIBIT A 75A-164 C C4 • in N M N Ci v'i N -' O — Vi Vi ry r•i r� aCi y w+ A v u 7 v C N N '•C vi N N W V1 0, vl W 0 vi [V <^. [ti C+ vi `n M kn A C ti a � .� �� ��In y A ,. �" L C!J N a 0 a% r d .� y� a w o y r t- N a rs W �,OaryF N �u,C7Ca� F.FW�rZ2r rA z N N n v1 O VS N Fr.7 1 t1, O O O 00 m a)ry N 4y n •f. y cp U 4. J i. 3 N tJ U ,O p r W. ICI x u a� W kW a CAq H CU xav my a q�' W y C7 cys n 7 4 Vj c4 � � VS J7 G V1 F cv r n o n W er. -• ry M y r n ao a 75A-165 N D,. r. m D`. N �_ v v �•� � � o o M FA u ,...r. A G CL7 G w o W enU N n M M M~ O W U U •b rm Q N ti m vj � vi G G c] 'd U u � Q YJ 7D F.•F e D ti N J C v -0 NU' U G C.: '""' �+ R•,Yy N C L) .] Q O G 3 _ © NJ o rx :0 O 1�4 T�-qnrrj N "D [V [`- N �C1 N D+ c<I C M .• [*1 NM t•7 1*1 r t�l M Spa f'� M 75A-166 IPMisI11010 Iglu 75A-167 a T O m+, Wi4.SH WORKS" H :l If mf 14 il IlliT ' ROAD -MAP TO SUCCESS mo WEBTM Demographics Zoning............................. ........._.... Property Size Available Space Visibility & Exposure ...... ...••.•••.•..• +� Traffic Count ................ Traffic Speed Traffic Patterns .... Ingress & Egress (Entrance & Exit) The Community 0 Nearby Detail Competition..... ffiSpace for Diversification mCost of Property or Lease Reports - Entitlements, Permits Utility & Sewer ................_ _.......... Local Sign Ordinances 0 Off -site Improvements Environmental Status of Site Final Evaluation of Site • . ........ -- ....-..•.................... Awk aw 4 Cvpynghr 1016 Grsndvl NW14. Fri nnMd WPM PlIM4%WkP1 from PMjrMkww CW'w#0Ap i 9eroftMp' M.+ga11 nr 75A-169 f ! 1 1 r f TT. . iLT1L 717 .�_ t_51L Il_vl . aToW, ZONING What is the current toning? Is It presently eommerclal, or will re -zoning be required? It is difficult, time-consuming and expensive to get a property re -zoned from residential to commercial. Usually, the city or county will not consider re -zoning a properly for the use of a carwash. PROPERTY SIZE The property size is extremely important- You want to determine the acreage and actual dimensions The Ideal site for a tunnel car -wash is approximately one acre. Additionally, d minimum of 225 feel will be required irr one direction to allow for at least a I25•foot conveyor. The hest situation places the largest side of the prop- erty oriented along the road for maximum visibility to passing traffic. AVAILABLE SPACE If the plan is to build an express exterior model, you need sufficient room for vacuum pads, queuing lanes and turning radius's. If you want to build a Flex -service, room is required for the post vacuum and finishing area(s).. Duilding on less than an acre is certainly possible: how- ever, everything will be reduced in size, and It becomes more difficult to perform at a high volume The pro- posed length of the tunnel Is also important because the longer the tunnel and conveyor, the faster you can run your line speed and process more cars per hour. In express exterior washes, you need space account for proper space in the drying area to ensure a dry car In addition, it has been determined in Express Exteriors that the more vacuum pads, the better the operation. 1211111111, C {opyarghl M16 Grandview h7 ed 12. xrpr rated wnh permn%ro rrum Proressranar Carwa rhinq 6 oAt*&np• V m � r,ne 75A-170 VisibiUSy and expasum mwe cr bicaL.. if yourreourr of s`ft.A you're curt of HIMH! VISIBILITY Visibility and exposure are critical. It it's out of sight, it's out of mind. You may not want to build behind a service station or another type of business. For example, you do not see a McDonald's or a major gas station out of view. Ideally. locate the building out in front and build it parallel to the main street. If dimensions require the tunnel to be built perpendicu- lar to the street, try to get the building (entrance or exit} close to the street for visibility - TRAFFIC COUNTS Traffic counts are something investors and developers may put a lot of emphasis on. Even though we would father have higher traffic counts than lower traffic counts, this variable is not nearly as vital as demograph- ics. Keep in mind traffic is coming and going — usually heading to work or returning home — and many drivers do not want to get off of the highway to get their cars washed. We have seen car washes with extremely high traffic counts not performing the required volume because they did not have the population- On the other hand, we have also witnessed lower traffic counts with sufficient population performing high -volume counts - Sometimes, real estate brokers and parties selling their products/services will put importance only on high traf- fic counts and do not have the experience or know how to advise if a property should really be considered. TRAFFIC SPEED Traffic speed is important. For Instance, if the traffic is going 50 mrles per hour or more, drivers are usually going too fast to view the facility or to ever) want to turn in. It is also difficult for vehicles to exit the property into fast-moving traffic. Try to shoot for speed limits less than 45 MPH - THE COMMUNITY - TRAFFIC PATTERNS Adjacent surroundings and communities are also note- worthy considerations. You should drive around and observe the businesses, shopping centers, strip malls, office buildings and residential areas. Bear in mind if the property is in an industrial area, you may only be privileged to the existing traffic on week - clays. On weekends, when you project your highest vol. ume, streets could be bare and empty of any vehicles. When driving around the residential areas, you want to view the housing, apartments versus homes, and the types of vehicles parked on the streets. Is the neighbor- hood deteriorating? Are vehicles so dirty you cannot clearly see their color? Will the neighborhood be willing and able to patronize a car wash regardless of price? TRADE BARRIERS Within a 3 mile radius, there may be traffic patterns or "trade barriers" that divide a proposed location and the competition, even though the locations are geographi- cally close to each other. Typical trade barriers may be divided highways, one way roads, rivers, neighborhoods, traffic patterns that favor one shopping, center over another. ENTRANCE AND EXIT POINTS The ingress/egress, which Is the entrance/ exit for the property, has to contribute to producing high volume. Is there a center median where vehicles have to go to the next Intersection and make a U-turn? This will reduce the amount of customers who will consider patronizing your business. Is the property on a service road where the vehicle has to leave the main street to enter a service road and then repeat the process getting back on the main street? All of this should be taken into consideration in analyzing the ingress/egress. You want It to be as easy as possible to get on and off your site. NEARBY RETAIL AREA Business breeds business. If you are near other retail businesses, then there are additional draws to the area. Try to find an area that has fast food and retail shopping. For example, a successful strategy has been to harness the destination draw from Big Box retail stores and lo- cate a car wash on one of their out -lots. NEARBY COMPETITION Competing car washes in a three mile radius must be seriously considered as threat or deterrent to your proposed site. visit all of the local washes that are not service stations or self serve washes in your 3 mile radi- us and assess them as a competitor. If your plan is to build an express exterior wash, can existing full -serves have the possibility of converting to an express or flex -serve? Are there already express loca- dons within the marketing area? AMIL o [ppynght 2at6 ci.)adV,ew Mem3, Rrannitd wR11 permiswin from Frafmilomai UarwLrAkV i Vemof * Marge in 75A-171 NEARBY COMPETITION-ronrfnued Remember, whatever the population is in a three-mile radius, divide that into how many tunnel washes, including your potential site, that are in the area. For instance, it the population is 30.000 and you will be the third tunnel wash in the area, that reduces the population to approximately 10,000 for each location. In our opinion, there is too much competi- tion for the population in this example. SPACE FOR DIVERSIFICATION Is there space for diversified or additional services or sales? A drive-thru fast food restaurant or a quick coffee shop could be compatible with an express exterior model. COST OF PROPERTY OR LEASE The cost of property or proposed ground rental on a lease agreement certainly has to be taken into consideration regard- ing your total investment cost or the monthly expense of your operation. In the article "Site planning; Adding to the carwash experience," featured in a past issue of Professional Carwashing & Oetailing, an expert interviewed for the article noted that sitEs selection Is no time to penny -pinch, adding, "Never be cheap when choosing a property! He could not be more accuratel If the site is right and projections show it could gen- erate high volume, it is worth paying an additional amount to obtain the property or to agree to a higher monthly lease rate simp$V because there is no substitute in obtaining a great site. Whatever amount you have to pay for the desired property will be amortized over many years of operating. Inthe scheme of things, it will only require a minimum amount of increased vaiume to offset a high cost for the property or additional lease rate. REPORTS AND REVIEWS You certainly want to check with the city or county planning department to determine the required entitlements, per- mits, setbacks, landscaping requirements, etc. You also want to review a preliminary title report to determine recorded underground easements, existing property liens or encumbrances. You or your architect do not want to be surprised to discover underground easements where you are planning your im- provements. Typically, it is difficult to get utility companies to agree to rerouting existing easements. It is also extremehr expensive to do so even with their permission. Utility and sewer locations have to be determined because bringing these lines into the proposed site could be expenslve. Your Architect will need a site survey and a topographical survey in order to review your site. Legal boundaries and grades need be reviewed — are the grades too high or too Icw7 If you have to remove or bring in dirt, it adds to the cost of your development. OFF -SITE IMPROVEMENTS The same is true for off -site improvements. If there are no sidewalks, curbs, gutters or area lighting, this cost could easily run into the hundreds of thousands of extra dollars. UTILITY AND SEWER - FEES AND LOCATIONS Understanding the location of incoming utilities is a must. They could determine your specific site layout as well as add unexpected costs to the project. Water and sewer tap fees can have a wide range, from 510,000 to upwards of $150,000 or more. LOCAL SIGN ORDINANCES Are you planning on having a programmable LE.I). sign at She street You better check the local ordinance with city council, because many municipalities do not allow L.E.D. street signs. What size sign are you allowed to have? How high can It be? All are questions you will need to ask and understand moving forward. ENVIRONMENTAL TESTING AND FEASIBILITY Your proposed site needs to be tested. It needs to be investigated and tested to ensure that there is no environmental contamination, such as buried fuel oil tanks, or gasoline leaks. If it is contaminated, hnd out how much will it cost to clean up and re -mediate the site, Also, a geological report will analyze the soil on the property so the architect and en- gineer can properly design the building's foundation and determine drainage requirements. Hire local engineering firms who specializing in environmental testing to obtain this Information You need to uncover these potential hidden costs. Adh d Cwy-W,t 1016 Grandnew Media. Feprmred wow permiwon Prom Projessionoi Commhinq & ✓1ervofomq" Mar.N •'� 75A-172 Finally, you must analyze the site, is the property and location viable far an express exterior, full -service or flex -service? Is there a real need far this type of business in your desired location and community? Most importantly, should you proceed or pass and keep searching? And, what should you expect if you do go ahead and commit yourself to the cost of the property ond building the facility? At this point, you would want to prepare a projection statement with what you believe would be reasonable volume, gross income and expenses. We have a far Wash Preforma profit and toss Statement & ROl Statement document, based on industry averages, along with site specific analysis as proposed, that we can supply for you in order to help you with your decision. We have witnessed many successful car wash protects, and, we have seen a few mistokes with building tunnel car washes. Some have been minor errors. Others were major errors. Make sure you perform due diligence in the site seler. don process to ensure that your new business will have the highest potential to be Successful. If the location measures up, and if built and operated properly, a carwash can be incredibly lurrativel Need heV ? Mu wr Clby Is here fcw fflm r Site Selection With our tears of industry veterans, we can assist you in selecting the perfect "A" site location so thdl you can maximize your potential. Business Model Clarification Full Servico? slex? rxpress2 No Worries, we can help you in defining the hest business model for your needs Revenue Generating Not every wash is the same We can guide you to what revenue generating options you need to maximize your revenue per car 75A-173 YES NO ski lqeo DEMOGRAPHICS ❑ ❑ ZONING ❑ ❑ PROPERTY S12E ❑ ❑ AVAILABLE SPACE ® ❑ SVISIBILITY & EXPOSURE i__I ❑ THE COMMUNITY ❑ El NEARBY RETAIL ❑ ❑ TRAFFIC COUNT ❑ ❑ i r COMPETITION ❑ DIVERSIFICATION ❑ ❑ PROPERTY/LEASE COST ❑ ❑ REPORTS ❑ ❑ UTILITY&SEWER ❑ ❑ LOCAL SIGN ORDINANCES _J ❑ OFF -SITE IMPROVEMENTS ❑ ❑ ENVIRONMENTAL ❑ ❑ FINAL EVALUATION ❑ ❑ NOTES 75A-174 f OTI=vo w.asfWORKS ` MARE WASH POWERTM Motor City Wash Works, Inc. 48285 Frank Street Wixom, Michigan 48393 USA t 866-362-6377 6248,313.0271 ® sales@motorcitywashworks.corn Q motorcitywashworkc ram CaWVw•A01fY C,"W Wa Y MF,y %�� wM v MAWv W d" w^w.n+ae.a MAY 17 2019/TIPS RESPECTING THE 3-MILE RULE WHEN STARTING A CAR WASH 75A-176 Respecting Car Wash the 3-Mile Rule When Starting a Car wash owners are a unique breed of individuals. Anyone who enters the industry thinking that owning a car wash will be a passive source of income quickly learns that it takes grit to build and run a successful car wash. Even if you have a supportive staff of management, you may still work and ove rwork you rself to stay above water. But, like the mud, grit and grime that it's your business to wash away, your hard work can seemingly drip down the drain if a new competitor comes into town. Car Wash Capture Is All About Location Unlike some other local businesses that merely require a warm body with cash in hand who is interested in your product or service, the car wash industry is very much dependent on vehicle access. Without a dirty car driving up to your location, you have no business. 75A-177 This means that a successful car wash will probably be wherever the cars are. More cars equal more business. With only so many main roads in a given city that have the highest level of traffic„ competition can be fierce with other car wash owners. The scarcity of ideal spots for a successful car wash .(ttps;//www.carwash.com/site-selection-critical-in-building carwash/)_ may mean you'll find yourself sizing up a rival from across a dusty landscape while you lean against the doorpost of a local saloon. You maintain a steady gaze and stance while you spit out a toothpick with a quivering finger on your six-shooter and a gravelly voice hardened by the merciless desert into a low growl. "This The Problem with Building Too Close to Competition M It may be a hard, cruel world of cutthroat business tactics to get an edge in your market but sometimes the free market rewards a little karma to the greediest among us. According to Anthony Analetto, building too close to a competing car wash is one such Instance. In his 10 Mistakes People Make When They Start a Car Wash Business _(b_ ps /&v so nnysdirect.com/3D_mistakes_p ople_make_when s #2 on his fist is stealing another car wash owner's business. 75A-178 The problem with this is that the land that a car wash is built on is considered a "single -use property" by the bank. Lenders use this designation to evaluate risk. If a site is considered a single -use property, it can't be easily converted for any other use. Infrastructure, such as car wash pits (which is Pit Crew's cleaning. s_pecialty_(http:/1_pitcrew.com/process/).),are built into the site and are unique to the car wash industry. If a bank lends an owner the money for a car wash and the business goes belly up, the bank can't depend on a hair salon to set up shop in the conveyor tunnel and begin offering in -bay automatic hair washes. The hair salon would need some serious financial support to convert the equipment into hair washing and hair dressing tools... or else itjust isn't happening. So the hypothetical situation has the potential to play out like this you build a car wash across the street from a successful car wash, hoping to steal their business. One of three scenarios is possible; 1. They put you out of business because they are more well- known 2. You put them out of business because you're shiny, new and ready to impress 3. Both you and your competitor limp along with mediocre, stagnated business The problem with this is that, even though #2 sounds like the ideal situation for you, it could come back to bite you. As soon as your competitor goes out of business, the bank is going to be looking 75A-179 for another car wash company that can scoop up the property. Chances are, your new neighbor could size you up for your weaknesses and do to you what you did to your corn petition. What to Da Instead to Crow Your Business 5o, if building too close to another car wash is a bad idea, what should you do? Many car wash owners consider the 3-mile rule to be the law of the land. It is both a courtesy rule and a way to avoid the pitfalls of too many hands in the same cookie jar. If you can't pick your ideal location for a car wash because someone else beat you to it, find a place that is almost just as good. If you are focused on good business principles for your car wash https-//pitcrew.com/S-business-tips-for-new-car-wash- owners/]., you could end up building a car wash that is good enough for people to go out of their way to visit. UP NEXT 75A-180 THREE BUSINESS TIPS FOR NEW CAR WASH OWNERS {https;''/pitr_rew.carr)/three- bus iness tips-sor-new car -wish -owners/] 75A-181 EXHIBIT "C" 75A-182 I r. r, �ror Inow , 'Alp . I V.4 lk I, 75A n &V 0 � I�L od 100,171. [A 4 1 N ■ e s...'Ni F tic 1 • r N I 75A-1 LWI 711 Aik-A 4 ROM I L IEXHIBIT D 75A-193 engineering group, ine. September 19, 2019 Kara E. Grant, LAW OFFICE OF KARA E. GRANT 17595 Harvard, Suite C-202 Irvine, CA 92614 Subject: 301 and 325 North Tustin Ave, Santa Ana Project (CUP 2019-30 and CUP 2019-31) Traffic Study and Noise Review Dear Ms. Grant: INTRODUCTION RK ENGINEERING GROUP, INC. (RK) has reviewed the traffic study and noise information for the 301 and 325 North Tustin Avenue Convenience Store and Express Car Wash Project located in the City of Santa Ana. The proposed project would construct a new service station with a 3,040 square foot convenience store and a new automated car wash located at 301 and 325 North Tustin Avenue in the City of Santa Ana. Previously the City reviewed a Commercial Building for the site, however, that has now been changed to the Express Car Wash. In the past, there was a gas station with a market and a restaurant operating at the site. The major concerns with the project is traffic and noise impacts as a result of the car wash component of the project. A Staff Report and traffic study were previously prepared for the project. The modified project traffic study was prepared by L L & G Engineers in a revised report dated May 17, 2019. No Noise Technical Study was prepared for the processing of the project through the City. The original project included a Commercial Building, however, is now proposed to be an Express Car Wash. The proposed project with a Car Wash will generate more traffic than the originally proposed project with the commercial building. RK has reviewed the project information for the revised project with respect to traffic impacts, parking, overall transportation/circulation and noise/vibration impacts to the surrounding study area. The primary issues with the proposed Express Car Wash Project include the following major items: Express Car Wash projects have their peak traffic generation on Saturday afternoons. No Saturday traffic analysis was performed for the project. The Near -term traffic analysis for Year 2019 is not realistic and a later timeframe should be analyzed. 75A-194 LAW OFFICE OF KARA E. GRANT RK 15528 Page 2 - Trip credit was taken for the existing restaurant building on the site which may not have been in operation when the traffic counts were taken. - Updated traffic counts should be taken in 2019 rather than the 2016 counts that were used in the revised 2019 Traffic Study. - The Traffic Study should have used the latest ITE (Institute of Transportation Engineers, 101" Edition Trip Generation, 2017 rather than the older 91" Edition, 2012 document. A Saturday peak hour traffic impact analysis needs to be performed for all of the project scenarios. The project only traffic volumes at study area intersections needs to be checked for accuracy. It doesn't appear that they correlate to the project trip generation and trip distribution. This needs to be verified. A traffic safety analysis should be performed at the intersection of North Tustin Avenue at 41h Street since the project will add a significant amount of traffic to that intersection which has a collision rate higher than expect for this type of intersection. - No preliminary noise or vibration analysis report was prepared for the project. Express Car Washes are High Noise Generators and their impacts need to be quantified and it has to be determined if there are feasible appropriate mitigation measures. This is typical for high Noise generating uses such as an Express Car Wash. All of the Conditions of approval for the project require this to be done after the fact when it may not be feasible to adequately mitigate the project. Adjacent to the Express Car Wash Tunnel is an existing operating office building that has sensitive medical uses. The Noise and Vibration analysis and mitigation measures need to be determined before entitlement for the proposed use can be granted. These issues are further discussed in the Comments section of this letter. I- T� group. Inc.en� nc. 75A-195 LAW OFFICE OF KARA E, GRANT RK 15528 Page 3 TRAFFICFiRANSPORTATION REVIEW The traffic study only reviewed weekday {7-9 am and 4-6 pm} traffic conditions. Express Car Washes actually have their peak traffic generation on Saturdays at approximately 1:00 pm or 2:00 pm. Also, the commercial area around the site would have significant traffic conditions on a Saturday. Therefore, the traffic study needs to perform a Saturday traffic analysis and utilize typical trip generation for an Express Car Wash during those timeframes. RK has collected substantial trip generation data for Express Car Washes in Santa Ana which are shown in the attached Table 4-1. The Saturday trip generation is 50% higher on Saturdays than during the weekday conditions. Therefore, a Saturday traffic analysis is required. 2. The near -term traffic conditions evaluation in the revised traffic study was for the Year 2019- This is not a realistic timeframe, since it is nearly the last quarter of Year 2019. Since the project has not yet been approved and would need a period for construction, a much later time -frame needs to be evaluated for near -term conditions. An Opening Year of 2020 or 2021 is more realistic. 3. The traffic study took a trip credit for the traffic from the existing sit-down restaurant building that is on the site at 301 North Tustin Avenue. This would only be valid if the restaurant was in full operation when the traffic counts were taken. The restaurant is currently closed. This needs to be verified and the trip credit cannot be utilized if new traffic counts are taken to reflect 2419 conditions. 4. The site plan shown on page 3-68 (Figure 2-2) includes a full driveway access on North Tustin Avenue. This driveway is located approximately 240-feet from the intersection of Tustin Avenue at 41" Street. This distance appears to be too close to allow this driveway to be a full service access with all turning movements, since it would interfere with the northbound left turn pocket on Tustin Avenue. 5. The traffic counts mentioned on page 3-72 were taken in October of 2016, The revised traffic study was prepared in 2019; therefore, it has been three years since the traffic counts were taken in 2016, The traffic study should have been updated with more current traffic counts in 2019 to reflect existing conditions. 6, There is no explanation on what the existing project "re-route" was for as shown on page 3-73 and 3-74 (Figures 3-2 and 3-3). What has caused the re-route of traffic? f'ft� amirreering WW��hh33 enu0. �c. 75A-196 LAW OFFICE OF KARA E. GRANT RK 15528 Page 4 7. As shown on page 3-82, the traffic study used the ITE (Institute of Transportation Engineers) 9"' Edition of Trip Generation rates which was published in 2012. This manual was updated in the ITE Trip generation, 1014 Edition published in 2017. The latest manual should have been used for this study since both the original traffic study and 2019 revised traffic study were done significantly after the new ITE Trip Generation data was available. 8. The Express Car Wash Trip Generation shown on page 3-82 and Table 5-1 should include a Saturday analysis. RK has collected traffic data at three Santa Ana Express Car Wash sites and the Saturday trip generation is 50% greater than what was used in the traffic study. The traffic study needs to include a Saturday traffic analysis for each of the different timeframes which are evaluated. 9. For the Existing Plus Project and Future conditions analysis, a Saturday analysis needs to be evaluated. as mentioned in Item #8. 10.On pages 3-86 and 3-87 (Figures 5-3 and 5-4), the project volumes do not seem to match the project net trip generation in Table 5-1 and the Trip Distributions on pages 3-84 and 3-85 (Figures 5-1 and 5-2) . It is not clear how the project only volumes were calculated. Did they include the full project trip generation minus the net trip generation for the existing uses? This is unclear in the text of the report and could affect all of the traffic analysis for the future conditions with the project. 1 1.The traffic analysis shown on page 3-90 (Table 5-1) needs a Saturday analysis as previously mentioned, because the proposed Express Car Wash generates more trips during a Saturday than on a weekday. 12.The near -term traffic analysis shown on page 3-91 needs to be a more realistic year than Year 2019, since Year 2019 is nearly aver. 13.On page 3-101, (Table 6-2) needs to use the more current ITE 1011' Edition Trip Generation for all of the cumulative projects. 14. Page 3-105 (Table 8-1 ) and page 3-107 (Table 8-2) need to include a Saturday analysis. enolneerlm 919M Inc. 75A-197 LAW OFFICE OF KARA E. GRANT RK 15528 Rage 5 I S.There needs to be a traffic safety analysis of the intersection of North Tustin Avenue at 4`h Street. This intersection has a significant amount of peak hour and daily traffic and any increase in traffic generated by the proposed project could potentially Increase the collision rate at this intersection. RK has performed a review of the collisions at this intersection and the collision rate is significantly higher than would be expected at this type of intersection. The ten year average collision rate at this intersection is 037 collisions per million entering vehicles, whereas the expect rate is 0.24 collisions per million entering vehicles- Furthermore the most recent collision rate during the past three years (2016-2018) the collision rate has increased to 0.43 collisions per million entering vehicles. A further traffic collision analysis should be performed at this intersection to determine the cause of these collisions and if so what mitigation measures should be considered for this intersection, since the project will contribute additional traffic to this location. The collision rates and SWITRS data used in this analysis is included in Appendix B. NOISE IMPACT ASSESSMENT No preliminary noise study was conducted for the proposed project to prove that it is feasible from a noise impact standpoint. Although the project has been conditioned to prepare a study prior to building permits, a preliminary noise study should be prepared to ensure that the project would not have a significant noise impact to the surrounding areas. Typically noise studies for Express Car Washes are required during the entitlement process, not after the project is approved. Car washes generate a significant amount of noise at both the exit and entrance to the car wash tunnel and at the vacuum stations. This has to be assessed in advance of approval of the project to determine if any mitigation measures need to be implemented and if they are feasible- 2. The car wash tunnel is located at the very south end of the site directly adjacent to an existing office building that includes medical uses 4i-e- dentist office, etc.). These are noise sensitive land uses and high noise levels can be very disturbing to the medical uses. RK has measured noise levels that approach 95 dBA at the opening of a car wash tunnel and over 90 dBA at the vacuum stations-, this is a significant amount of noise. Attached are our measurements at a comparable car wash facility. A noise assessment is needed before the project is approved to determine the impacts to the adjacent sensitive uses and whether it is feasible to mitigate the noise generated from the project. engineering grDnp, Inc. 75A-198 LAIN OFFICE OF KARA E. GRANT RK15528 Page 6 3. Any vibration impacts to the adjacent office building as a result of the car wash tunnel and its mechanical equipment need to be evaluated. It appears from the proposed site plan there is very little space between the car wash tunnel and the adjacent building. Therefore a vibration impact assessment needs to be determined before the project is approved. 4. No construction noise impact was included in the staff report. As a result of the proximity of the proposed site to the adjoining buildings a CEQA assessment of the potential noise and vibration impacts and mitigation measures needs to be determined before any approval is given for the construction on the site. Again this is a typical requirement for any construction project located in close proximity to other sensitive land uses. CONCLUSIONS RK Engineering Group, Inc. has reviewed the proposed 301 and 325 North Tustin Avenue, Santa Ana Project (CUP 2019-30 and CUP 2019-31) from a TrafficiTransportation Study and Noise/Vibration standpoint. Based upon our review there are a number of items that need to be resolved before the project can be considered complete. This would include an updated traffic analysis with newer traffic counts, a Saturday peak hour analysis use of the latest ITE Trip Generation data, verification of the project traffic contribution to each of the study area intersections, the review of a more realistic study opening year timeframe and the need to provide a technical noise/vibration study in advance of approval of the entitlement for the project. This is necessary to insure that any required mitigation measures are feasible before the project is approved. RK Engineering Group, Inc. appreciates the opportunity to work with the Law Offices of Kara E. Grant on this project.. If you have any questions regarding our review or need further information please call me at (949) 474-0809. Sincerely, Robert Kahn RKENGINEERING GROUP, INC. kaQp6FFSs'oN ICq yF .z No. 0555 .r * Exp. 1431119 r �FIRFFA r OF C�L1cU�; engineering group, in C. 75A-199 LAW 011-ICE OF KARA E. GRANT RK 15528 Page 7 Robert Kahn, P.E. Principal Registered Civil Engineer 20285 Registered Traffic Engineer 0555 Attachment 1N:2958-2019-01 RK:ag/rk15528.doc 4 h enulneetlnu group. Inc. 75A-200 Tables 75A-201 TABLE 4-1 Observed Car Wash Sites Trip Generation Weekday Conditions' Weekday Peak Hour Observed Car Wash Location Weekday AM PM Daily In out Total In Out Total Scrub Bot Express Car Wash (1807 Main Street) 12 10 22 W. 55 91 745 2aroo Express Car Wash t5 13 28 43 37 80 644 (1205 W. 17th Street ) Santa Ana Express Car Wash 49 49 98 85 70 155 1,344 (202 E. Firs[ Street) Average 25 24 49 55 S4 109 911 5aturday Conditions Saturday Peak Hour Saturday ❑hserved Car Wash Location Daily In Out Total Scrub Bot Express Car Wash 69 64 133 996 (1807 Main Street) 2aroo Express Car Wash 69 (8 137 1,196 (1205 W. 1701 Strcct ) Santa Ana Express Car Wash ill 118 229 2 46f) (202 E. First Street) Average 83 83 166 1,551 Weekday observed traffic counts conducted on Thursday, March 14, 2019. Saturday observed traffic counts conducted on Saturday, March 16, 2019. 8E:s?IflK.152Y0?'6 1N:2784-2038-01 75A-202 Appendices 75A-203 Appendix A Express Car Wash Noise Measurements 75A-204 Field Sheet Project; 1821 N Grand Ave Cap Wash Engineer: D. Shi•laiall ©ate: PJ 14J2019 JN: 2184-2D18-Ct Measurement Address: City: CDSta Mesa site No.: 1 1195 Baker St Sound Level Meter: Cafibration Record; Notes: I-D-712 rpu 1. dRl Read ncj. dEll 0liset, dQr Time Serial # A0S, 20 Before 1-amµ: 71; Afte- Windspeed: 5mph _ Direction: SWE Calibrator. LIJ-250 254 Before 93.2 93.2 93.2 Skies Clear Serial N 1322 After 94.0 84,0 R4.0 Camera: Pfsoto Nos. Meter Settings: 0 A-WfD ❑ LINEAR IKI SLOW 0 1y1 OC71 f7 IfdTERVALS _1 _-MINUTE ❑ C-WfD ❑ IMPULSE ❑ FAST Ll 113 07 0 L., PERCENT -LE VALUES Notes: Measurement Type: Long -Lean Short-term k 11:41 AM F11.42 AM 94.6 89.1 101.8 1013 F 100.3 793.2 91.6 1 Measu remem taken at approximately .5ft from the car wash exit tunnel. Ambient noise includes traffic noise from car wash cannel, blowers and traffic nose from Fain•iew Road and Baker St. 11:46 AM 1 11 A7 AM 1 95.7 1 89 1 99.1 97-5 96.9 1 96.2 1 95.7 2 Ma@S Iemenr taken at approx.mately 1 Ft from the vacuum Stalls. Anrb:en, ne+se includes traffic noise from car wash vacuum stalls and [raft[riaise from Faireiew R.�ad and Raker St. o` 3 0 4 5 ®P 3u1n9grlrp gr 4•Inc. 75A-205 Appendix B Collision Rate Calculations and SWITRS Data 75A-206 INTERSECTION ACCIDENT RATES LOCATION NO. OF NO -OF ENTERING ACCIDENT EXPECTED ACCIDENTS MONTHS ADT RATE ACCI DENT RATE N. Tustin Ave. 45� 4th $1.-10 Year 65 120 48.675 0.37 0.24 N. Tustin Ave. 4th SL • 3 Year 21 36 48.675 0.43 D.24 N. 7uslia Ave. 4Lh 81. - 2018 8 12 48,675 0.34 024 N. Tustin Ave. 4th SI. - 2017 7 12 4075 0.39 0.24 N. Tustln Ave. @ 41h St. - 2016 10 12 48,675 0.56 0.24 N. Tustin Ave. Q 41h 51. - 2015 5 12 48,675 0.28 0.24 N. Tustin Ave. @ 41h St. • 2014 B 12 48.675 0.45 0.24 N. Tustin Ave. 4th St. - 2013 7 12 48,675 0.39 0.24 N. Tustin Ave. 41h St. - 2012 9 12 48.675 0.51 624 N. Tusun Aw. 41h St. - 2011 ti 12 48,675 0.34 0.24 N. Tustin Ave. 41h St. - 2010 5 12 48,675 028 0.24 N. Tustn Ave. 41h St. - 2009 2 12 48.675 0.11 0.24 75A-207 W e CUp m Ro T Jy vLik: 1tl N LL E � Y N � a W z 1 .. 0 O ti F � U r o� 7!� Z � a ca d Z n Ci a €n o � v o� N $' Kz k m z' ¢Ozz'o 3 z qnn. 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U) z SOL 00 W m W 0 oo z z z > > m a C4 -219 EXHIBIT E 75A-220 y COJ5KIELELNO 5AND C}� MI.551C7N 11�D]AI�S - lZr 1JA 11Q�1 1{ll ,111 9 'Kr iiw;ai Tl, '77II 1 CS\bnIf] lJ"'Cl of KV531 UIl l PCldl'3 ] II I I A IYCOC�IRfCIi)[]Eh[,�%E itC Of[al1O. 111:314 E11C :36[]4�Il i {fICC lF Lhr--� �l5 `{:Is'C['ti 6:3filll City of Santa Aniq Planning & Building Agency 20 Civic Center .Agency Santa Ana, CA 92702 June 12. 2018 Re. SB 18 Consultation (Covemment Code Section 65352.3)'Pustin Ave Retail Project Dcar Selena Kelahe.r, Please find this IeLLLr as a written rt quest for consultation regarding the above -mentioned project pursuant to Senate Bill 18 (SB 18) Government Code Section 65352.3. Your project iles within our ancestral tribal territory, meaning descending rrom, a higher degree of kinship than traditional or cultural affiliation. Your project is located within a sensitive area and may cause a substantial adverse change in the significance of our tribal cultural resources. Most often, a records search for our tribal cultural resources will result in a "'no records found" for the prnjcct area. The Native American Heritage Commission, ethnographers, historians, and professional archaeologists can only provide limited information that has been previously documented about California Native Tribes. This is the reason the Native American Heritage Commission (NAHC) will always refer the lead agency to the respective Native American Tribe of the area because the NAHC is only aware of general information and are not the experts on each California Tribe, Our Elder Committee & tribalhistorians are the experts for our Tribe and are able to provide a more complete historiv (both written and oral) regarding the location or historic villages, trade mu Les, cemeteries and sacred/rclipous sites in the prcijecL arcs- Therefore, to avoid adverse effects to our tribal cultural resources, we would like to consult w2th you and your staff to provide you with a more complete understanding of the prehistoric use(s) of the projecL area :and the potcmtial risks for causing a substantial adverse change to the significance of our tribal cultural resources. C..onsultaLien appointments am, available on Wednesdays and Thursdays at our offices at 901 N. Citrus Ave. Covina, CA 91722 or over the phone. Please call toll free 1-844-390-0787 car entail gabrielenoindians(yyihoa.ccim to schedulc, an appointmc-nt- With Respect, Andrew Salas, Chairman K.. I.=.1., 'V.--CM..,.., .w.w gabn e Ie I ..Ains.0-15 ns.o C.h,,.3..- 5.... W M— .... ..,.:.K3,,,1 Kmha-d cxada:. C.h.,lml.•ot rm C,4[lic" �aLun ee n.o foci, a ns�e�ya h o-a.c n m 75A-221 EXHIBIT F 75A-222 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE; SEPTEMBER 24, 2018 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR MITIGATED NEGATIVE DECLARATION NO. 2016- 156, GENERAL PLAN AMENDMENT NO. 2018-05, AMENDMENT APPLICATION NO. 2018-08, CONDITIONAL USE PERMIT NO. 2018-18 AND VARIANCE NO. 2018-10 TO ALLOW AN EATING ESTABLISHMENT WITH DRIVE -THROUGH SERVICE AT 301 NORTH TUSTIN AVENUE AND A SERVICE STATION AT 325 NORTH TUSTIN AVENUE {STRATEGIC PLAN NO. 3,21 Prepared by Selena Kelaher, AICP Executive director RECOMMENDED ACTION Recommend to the City Council: PLANNING COMMISSION SECRETARY APPROVED Q As Recommended 11 As Amended Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation x9jail@W.9+3I[k Planning Manag 1. Adoption of a Mitigated Negative Declaration, Environmental Review No. 2016-156. 2. Adoption of a resolution approving General Plan Amendment No, 2018-05. 3. Adoption of an ordinance approving Amendment Application No. 2018-08. Planning Commission adopt resolutions. 1. Approving Conditional Use Permit No. 2018-18 as conditioned. 2. Approving Variance No. 2018-10 as conditioned. Executive Summary Richard Finkel, representing Russell Fischer LP, is requesting approval of a general plan amendment to re -designate the property at 301 North Tustin Avenue from Professional & Administrative Office (PAO) to General Commercial (GC), an amendment application to rezone the properties at 301 and 325 North Tustin Avenue from Professional (P) to General Commercial (C2), a conditional use permit to allow an eating establishment with drive -through service at 301 North Tustin Avenue, and a variance to reduce the required yards at 325 North Tustin Avenue. 75A-223 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 3 Item Infonnatlon South Commercial - City of Tustin West Professional - Service Station Property Size 39.775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF 0.5 acres - 325 N. Tustin Avenue _ Existing Site Development Eating Establishment - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards Sections 41-364 through 41-374 SAMC Sections 41-377 through 41-388 SAMC Use Permissions/Amendment Section 41-638 and Sections 41-659 through 41-667 Application & CUP Proiect Description The applicant proposes to demolish the restaurant, service station, car wash, and convenience store buildings to construct a new service station, convenience store and multi -tenant commercial building on two properties at the southeast comer of Tustin Avenue and Fourth Street. The restaurant at 301 North Tustin will be demolished and a new 7,368-square-foot multi -tenant commercial building with an outdoor dining area will be constructed. A 1,258-square-foot eating establishment with drive -through service is proposed for one unit. The drive -through lane is designed to wrap around the entire building, with the entrance of the drive -through at the south end of the building traveling up and around the east elevation. In addition, a 35-foot high freestanding sign will be oriented towards the SR-55 freeway along the east property line. The parcel immediately to the north at 325 North Tustin Avenue is also proposed for redevelopment. The applicant is proposing to clear the site, to eliminate the automated car wash operations, close a driveway along Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,117-square-foot canopy with 8 pump stations and a new 2,778-square-foot convenience store. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. An enhanced pedestrian pathway with seating areas and landscaping will be located between the two buildings. There will be vehicular access between the two properties and a covenant to allow for reciprocal access and parting will be recorded. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a 2-foot Irrevocable offer of dedication along Tustin Avenue are required. Tables 3A and 3B provide a detailed comparison of the project's compliance with the applicable land use and development standards. 75A-224 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 4 Table 3A; Land Use Standards General Commercial (C2) (SAMC Sec. 41.365, 41.366.5. 41-377 and 41-377.5) Use Eating Establishment Allowed by Right Permit Requirements Orive-through Window Service for an Conditional Use Permit eatino establishment Service Station and Convenience Store Allowed by Right Table 3B: Development Standards Standard Required by General 301 North Tustin 3 55 North Tustin Commercial Ing Site Service Station Site Front yard 15 feet minimum Complies; 15 feet I foes not comply; 5 Feet,_6 inches Side yard (street) 15 feet minimum Not Applicable Does not comply; 5 feet, 6 inches Side yard (interior) 0 feet minimum Complies; 3 feet, 2 Complies; 5 foot inches and 5 feet landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape yard Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 39,775 sq. ft- Complies; 22,465 sq. ft. 35 Feet maximum and 179 feet and 300 feet Complies; 25 feet, 3 Complies; 21 feet, 10 Building height inches inches Complies; 63 spaces Complies; 63 spaces Off-street Parking 61 spaces 5 spaces per 1,000 sq. ft. of total total retail 46 spaces 9 spaces 8 spaces per 1,000 sq. ft. 8 pump spaces restaurant Floor Area Ratio 0.50 FAR maximum Complies; 0.19 FAR Complies; .0.12 FAR F.A.R. 35 feet maximum height Complies; Freestanding _ Wall signs (deferred Signage allowed within 300 feet of a sign 35 feet submittals) freeway exit Wall signs (deferred submittals Stacking Distance 160 feet; 80 feet to menu Complies; 80 feet to Not Applicable (drive4hrough) board and 80 feet to pickup menu board, 80 feet to window pick-upwindow Driveway Width 35 feet maximum Not Applicable Complies; 35 feet service station 75A-225 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 5 Proiect Background and Chronology The property at 301 North Tustin has been developed with a restaurant since 1965. In 1996, Conditional Use Permit No. 1995--01 was approved to allow dancing and live music. Minor tenant improvements have been made to the building overtime by various operators. Currently, the building is in the process of being vacated by the tenant. In 1973, the property at 325 North Tustin Avenue was developed with a car wash and service station. In 2006, the property was remodeled to the current configuration of the service pumps, a retail building and automated car wash. The current property owner has been operating a Chevron gas station and car wash at the site since 2015. Proiect Analysis General Plan Amendment The applicant is applying for a general plan amendment in Order to re -designate the properties proposed for development to General Commercial (GC). According to the General Plan, the General Commercial district applies to commercial corridors and areas that are highly visible and are critical arterial transportation corridors. Three sites that are proposed to be changed from Professional & Administrative Offices to General Commercial (301 N. Tustin Avenue, 431 N. Tustin Avenue, and 2321 E. 4rh Street) are an arterial streets with regional access to the SR-65 freeway. Several nearby commercial properties are already designated as General Commercial. The amendment will create an approximately 4-acre General Commercial area at the northeast and southeast comers of Tustin Avenue and Fourth Street (Exhibit 2). In addition, these properties are currently improved with commercial uses including gas stations, eating establishments, and mixed retail and service uses that provide neighborhood facilities and services to the nearby Metre East Mixed -Use Overlay zone and professional offices. The general plan amendment will provide consistency with the existing uses and will make the properties consistent with the zoning district. Amendment A,polication The applicant is also applying for an amendment application (zone change) to Change the zoning of the properties proposed for development (301 and 325 N. Tustin Avenue) from Professional (P) to General Commercial (C2). The City is also proposing to change the zoning of two nearby properties (401 N. Tustin Avenue and 2320 E. Fourth Street) to General Commercial (C2) (Exhibit 3). The C2 designation will also complement the designation of the properties to the south which are in the City of Tustin and zoned commercial (Central Commercial C2). The amendment will create a continuous block of commercial uses that will stimulate the economy in the area. The C2 zone will allow the restaurant, service stations, and services uses and will allow for commercial development that supports the nearby office environment by providing places to visit, 75A-226 GPA No. 2018-05, AA No, 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 6 shop and dine. In addition, the General Commercial zone permits professional, administrative and business offices should the property owners elect to have office uses in the future. The proposed drive -through requires discretionary approval of a CUP and the service station yards require a variance. In order to approve a CUP or variance, the General Plan Land Use designation and the zoning designation must be consistent. Conditional Use Permit for Drive -Through Window Service at 301 North Tustin Avenue The drive -through was designed and intended to generate the least amount of Impact as possible. The drive -through lane is setback approximately 100 feet from the street to reduce any spillover to the public streets. In addition, the drive -through lane meets the City°s stacking requirements and will allow for approximately 15-cars to queue without disrupting drive aisles or parking spaces on -site. The drive -through is also designed to generate minimal noise impacts; the speaker boxes are located at the rear of the site and project towards the freeway. Any potential noise generated from the idling of vehicles or the drive -through speakers is not anticipated to impact the nearby uses as they are commercial and there are no nearby sensitive land uses. Since the drive -through lane is at the rear of the property, it will produce minimal visual impact to Tustin Avenue as the new building will be the prominent view (Exhibit 4). The applicant's request for a conditional use permit to allow drive -through window service will provide an added amenity to the property, for the employees who work in the vicinity and for the residents who live in the general area. Allowing the restaurant to have a drive -through window will provide a service that will help promote economic development to the area which will contribute to the general well-being of the neighborhood and the community. Variance for Reduced Yards at 325 North Tustin Avenue The strict application of the zoning code requires a 15-foot landscaped setback along both Tustin Avenue and Fourth Street. The applicant has designed the site to have landscaped yards, but in some locations the yards will be reduced to 5 feet, 6 inches requiring a variance. The Public Works Agency reviewed the proposed plans and determined that an 8-foot dedication along Fourth Street and a 2-foot dedication along Tustin Avenue are required to allow for the streets and sidewalks to be constructed to the ultimate width. The 15-foot setbacks and dedication would reduce the developable area to 18,065 square -feet, which is an approximately 4,400 square -foot reduction in lot size (20%). Special circumstances related to the current location of the underground storage tanks exist. Currently, the underground tanks are located at the corner of the property. A 15-foot landscaped yard along the street property lines would require the property owner to remove and relocate the storage tanks In order for tanker trucks to access the tanks. The relocation would cause a significant financial burden to the operator. In addition, complexities of service station fueling, stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards. Furthermore, there are service stations at the other two comers of the intersection (northeast and southwest comers). These nearby service stations do not have 15-foot 75A-227 GPA No. 2018-05, AA No. 2018-08. CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 7 landscaped yards and have significantly less landscaping than the proposed project, therefore granting the variance will not be injurious to the surrounding properties or service stations (Exhibit 5) Table 3: CE A Strategic Plan Ali nment and Public Notification & Community Outreach Strategic Plan Ati nmen and Public Notification & Community Outreach CEOA A Mitigated Negative declaration (MIND) with technical studies (traffic study, air quality and greenhouse gas emissions analysis, and Phase I site assessment), CEQA Type was prepared for the project. No areas of significant impact were determined from the construction or operation of the proposed project with the implementation of the mitigation measures for cultural resources, hazards, and tribal and cultural resources. The 30-day public review period began on August 13 and ended September 11, 2018. The draft MND was circulated to interested parties and the State Public Notification Clearinghouse, the notice of intent was published in the Orange County Register and posted with the County of Orange Clerk. The draft MIND was available for public review at the Santa Ana City Hall, Main Library, and on the project mm webpage on the City's.website (Exhibit 6 & 7). -Caltrans commented in regards to incorporating complete streets measures and encroachment permits, the comment does not result in findings of a significant impact. -The City of Irvine commented in regards to clarifications needed in the traffic Comments analysis, the clarifications would not result in findings of a significant impact. Received -Orange County fire Authority stated they have no comment. -South Coast Air Quality Management District commented in regards to clarifications needed in the air quality analysis, the clarifications would not result in findings of a significant impact. -The State Clearinghouse acknowledged that no state agencies submitted comments. Strategic Plan Alignment Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public noticed was posted on the project site on September 14, 2018. Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on September 14, 2018. Newspaper posting Newspaper posting was published in the Orange County Register on September 14, 2018. Sunshine Meeting A Sunshine Ordinance Community Meeting was held on December 13, 2016 at 5:30 p.m. in accordance with the provisions of the City's Sunshine Ordinance. A total of 3 members of the public attended. The applicant provided all the required information to the City after the meeting Exhibit 8). 75A-228 GPA No. 2018-05, AA No. 2018-08, CUP No. 2018-18 & VAR No. 2018-10 September 24, 2018 Page 8 Strategic Plan Alignment, and Public Notification & Community Outreach Additional Measures At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission recommend that the City Council adopt the Mitigated Negative Declaration and approve General Plan Amendment No. 2018-05 and Amendment Application No. 2018-08. Further, staff recommends that the Planning Commission approve Conditional Use Permit No. 2018-18 as conditioned and Variance No, 2018-10 as conditioned. 1 , Selena Kelaher, AICP Associate Planner SK:sb Ifflanning Commissim% Exhibits: 1. Vicinity Zoning & Aerial View 2, Draft Mitigated Negative Declaration Resolution 3. Draft General Plan Resolution 4, Draft Amendment Application Ordinance 5, Conditional Use Permit Resolution fi. Variance Resolution 7. Mitigated Negative Declaration 8. Traffic Study 9. Sunshine Meeting Minutes 10. Site Plan 11. Elevations 75A-229 EXHIBIT G 75A-230 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 9, 2019 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018.10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW AFTER-HOURS OPERATIONS FOR THE CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE (STRATEGIC PLAN NO. 3,2) Preparod by Selena elaher, AICP Ia■_121�IIi [eIKolIli 117d61AW2116]MR] :aW_11:y7 APPROVED © As Recommended As Amended ❑ Set Public Hearing For DENIED 0 Applicant's Request ❑ Staff Recommendation CONTINUED TO ExecutivOk,Direc r Interim anning IvIgAager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2019-30 as conditioned to allow a car wash. 2. Adopt a resolution approving an amendment to Variance No. 2018-10 as conditioned to reduce the required yards. 3. Adopt a resolution approving Conditional Use Permit No. 2019-31 as conditioned to allow for a retail market less than 20,000 square feet to operate between the hours of 12:00 midnight and 5:00 a.m. Executive Summa Richard Finkel, representing Russell Fischer LP, is requesting approval of a conditional use permit to allow an automated car wash and an amendment to a previously approved variance to reduce the required yards at 301 North Tustin Avenue and a conditional use permit to allow for retail convenience store to operate between 12:00 a.m. and 5:00 a.m. at 325 North Tustin Avenue. Staff is recommending approval of the entitlements as the project will provide additional services to residents, workers, and visitors in the area and will not negatively impact the surrounding community as the site is not immediately adjacent to sensitive land uses and the project has been designed to minimize impacts to nearby uses. 76 231 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 2 Table 1: Project and Location Information Item information 301 & 325 North Tustin Avenue North Tus6i Avenue and East Fourth Street Project Address Nearest Intersection Surrounding Land Uses (Exhibit 4) North Commercial East Costa Mesa SR-55 Freew2ylCq of Tustin South Commercial - City of Tustin West Professional - Service Station General Plan Designation General Commercial GC General Commercial C2 Zoning Designation Property Size Existing Site Development 39,775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF (0.5 acres) - 325 N. Tustin Avenue Vacant - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards SANK Sections 41-368 through 41-374 Sections 41-379 through 41-386 SAMC Section 41-365.5(h) and Section 41-377.5(b) Use Permissions/CUP/Variance Protect Description The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with 3,040-square foot convenience store and new automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash tunnel will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or to enter or exit on Fourth Street with reciprocal access provided from the service station property to the north. The car wash will feature two pay points and has 189 feet of stacking which exceeds the standard of 120 feet of stacking (12 vehicles). The site will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7100 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The applicant is proposing to demolish the existing service station, close a driveway on Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a new 3,040- square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35- foot high freestanding sign for the service station adjacent to the SR-55 freeway along the east 75W2-232 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 3 property line. The proposed convenience store hours of operation are 24-hours per day, which requires approval of a separate CUP. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. There will be three driveways that provide access to the sites and reciprocal vehicular access and parking between the two properties. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a two -foot irrevocable offer of dedication along Tustin Avenue are required. Tables 2 and 3 provide a detailed comparison of the project's compliance with the applicable land use and development standards (Exhibit 5 & 6). Table 2: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit. Requirements Car wash Conditional Use Permit Service station and retail market Allowed by Right (convenience store) Retail market less than 20,000 SF with 24- Conditional Use Permit hour operations Table 3: Development Standards Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Front yard 15 feet minimum Does not comply; 10 Complies with Variance feet No. 2018-10; 5 feet, 6 inches Side yard (street) 15 feet minimum Not Applicable Complies; 15 feet Side yard (interior) 0 feet minimum Complies; 1 foot, 6 Complies; 5 foot inches landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape and Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 33,976 sq. ft. Complies; 28,096 sq. ft. (after lot line (after lot line adjustment) and 179 adjustment) and 300 feet feet Building height 35 feet maximum Complies; 29 feet Complies; 21 feet, 10 inches 75X3233 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 4 Standard Required by General 301 'North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Off-street Parking 17 spaces Complies; 2 employee Complies; 19 spaces 2 spaces for automatic car spaces, 20 drying 13 spaces and washes spaces, and 1 6 pump spaces 5 spaces per 1,000 sq. ft. handicapped space retail 15 space I 35 feet maximum height Freestanding sign 35 Wall signs (deferred Signage allowed within 300 feet of a feet Wall signs (deferred submittals) freeway exit submittals Stacking Distance (drive -through) 120 feet Complies; 189 feet Not Applicable Driveway Width service station 35 feet maximum Not Applicable Complies; 35 feet Project Background and Chronology In October of 2018, the Planning Commission approved Conditional Use Permit No. 2018-16 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December of 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018-05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The approved project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. Prolect Analysis Conditional Use Permit far a Car Wash at 301 North Tustin Avenue The new automated car wash will replace the existing smaller automated car wash associated with the existing service station. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site. The car wash is designed and intended to generate the least amount of impact as possible. The stacking lane is set back from the adjacent streets to reduce any traffic impacts. In addition, the stacking lane exceeds the City's stacking requirements and will allow for approximately 15 cars to 75_4234 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 5 queue without disrupting drive aisles or parking spaces on -site. A traffic impact analysis was prepared to analyze the anticipated trip generated from the project and any impacts to the intersections of Tustin Avenue and Fourth Street, Tustin Avenue and First Street and the SR-55 ramps at Fourth Street and Fourth Streettlrvine Boulevard and the Tustin Avenue roadway segment between Fourth and First Streets. The analysis was reviewed by the Public Works Agency and concludes that the project or cumulative project conditions will not significantly impact any of the intersections studied (Exhibit 7). The car wash is also designed to minimize noise impacts. The tunnel is comprised of concrete block which serves as a noise dampener. The car wash blowers/dryers, the equipment that generates the most noise, are located 15 feet from the exit of the tunnel. The vacuum stations which will generate noise are located to the north of the car wash tunnel, in an effort to shield the commercial office use to the south from the noise. Additionally, conditions of approval have been added to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one year after the commencement of operations, limit the hours of operation, to prohibit use of air guns, and prohibit the use of amplified speakers. The new car wash will bring an increase in sales tax revenue and promote economic development in the area which will contribute to the general well-being of the neighborhood and the community. The applicant's request for a conditional use permit to allow car wash will provide an added service to the property, for the employees who work in the vicinity and for the residents who live in the general area. Amended Variance for Reduced Yards at 301 North Tustin Avenue In October 2018, the planning Commission approved Variance No. 2018-10 to allow for a reduced yards for the service station at 325 North Tustin Avenue. The strict application of the zoning code requires a 15-foot landscaped setback along Tustin Avenue, In addition, the Public Works Agency requires a 2-foot dedication along Tustin Avenue to allow for the streets and sidewalks to be constructed to the ultimate width. The applicant has designed the site to have landscaped yards, however, at the car wash tunnel exit the yard will be reduced to 10 feet after the street dedication to provide room for the vehicular turn movements. Therefore, Variance No. 2018-10 will be amended to also include 301 North Tustin Avenue. Special circumstances related to site's shape are applicable. For instance, the lot depth is constricted by the freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. The location of the stacking lane and vehicular exit were selected with traffic safety as the priority as a result the site plan configurations for a car wash facility are limited. 7W-235 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 6 Conditional Use Permit for a Retail Market with 24-Hour Operations at 325 North Tustin Avenue The 3,040-square foot convenience store is proposed to operate 24-hours a day, seven days a week. The proposed operations are similar to other oonvenience stores such as 7-Eleven which have received after-hours conditional use permits. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a,m. and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary Impacts. Alcohol sales are not proposed as part of the project. The project site is bounded by commercial uses to the north, south and west. The proposed after- hours operations will provide an ancillary service to the community and individuals seeking to have a moming coffee andior snack en route to one of the City's major employment areas, especially for those who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Economic Develo went The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations, The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and Improvements for the project are made. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs.. Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach Strateg is Plan All nment and. Public Notification & Commu n Ity Outreach CEQA CEQA Type Exempt pursuant to CEQA Guidelines Section 16332, Class 32, In -fill Development Projects_ Document T pe Notice of Exemption, Environmental Review No. 2019-69 The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site Reason(s) was previously developed with commercial uses and has no habitat for Exempt or Analysis endangered, rare or threatened species, The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. A�2 7536 CUP No. 2019-30 & VAR No, 2018-01 CUP No, 2019-31 September 9, 2019 Page 7 Strategic Plan Alignment, and Public Notification & Community Outreach Goal(s), Policy or 3, 2 (create new opportunities for businessljob growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public notice was posted on the project site on August 30, 2019. _ Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on August 30, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on August 30, 2019, Additional Staff received one phone call from a resident voicing opposition to the proposed Measures car wash. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2019-30 as conditioned, amendment to Variance No. 2018-01 as conditioned and Conditional Use Permit No. 2019-31 as conditioned. Selena Kelaher, AICP Associate Planner SK:sb S:%Planning Commissionl201919-9-191301 N. Tustin Ave - Car Wash CUM301 325 N. Tustin Ave SR 9RAWC.doe Exhibits: 1. Conditional Use Permit Resolution (Car wash) 2. Variance Resolution I 3. Conditional Use Permit Resolution (After-hours) A. Vicinity Zoning & Aerial View 5. Site Plan 6. Elevations 7. Renderings 8. Traffic Impact Analysis 7W237 EXHIBIT H 75A-238 Planning and aullding Agency Planning Division 20 DMic center Phis PA. BOA 1988 (W20) Santa Ana, CA SM2 VARIANCE (iti4} 847�eo1 www.aanfa-ana.wlt Application Variance Requirement A Variance is required when, properties are proposed with development standards below the minimum standards of the zone A variance is allowed only when extraordinary or exceptional circumstances are applicable to the property involved or the use proposed Variance Purpose Clearly State the Ordinance Requirements Requested for Vanance Reduction of landscape setback requirement for 44' of Tustin Ave. frontage from 15'-0" required to 10'-T provided. III. Variance Justification The zone varurnce procedure is Intended to provide relief from zoning ordinance regulations that result in unintended inequities or hardships when applied to specisc properties and must not be a grant of special privilege [See Santa Ana Municipal Code ($AMC) Sections 41-639 (a)(2)(i). (n), (n), and {v) I The Zoning Administrator, Planning Commission, and City Council must make affirmative findings on all four items listed in the above mentioned Code sections d this request is to be approved Your concise responses to the following four criteria are asaenual [Please read $AMC Sections 41-638 (a)(2)t1l, tiA, (un), and (iv) carefully, they have been reproduced at the end of this fprm for your convenience I Section 41-638 (a)(2)(i) (special circumstances applicable) The City has directed the applicant to locate the cerwash tunnel against the southern properly line so as to improve street access and internal Circulation based on the city's evaluation, in doing this, keeping the 16 setback requirement in addition to the 2' dedication being granted to the city would reduce the carwash tunnel length to an unacceptable length in terms of its operational efficiency. As a compromise measure, it was aoceoted conceotually by Plannino and Public Works to allow for a 5' landscape a Section 41-63U (a)(2)(ii) (preservation of substantial property rights) if the landscape reduction is not approved, the applicant would be denied the opportunity to develop his property to create a carwash facility that is designed to operate at the highest efficiency, and with the highest possible return on the considerable investment required to develop a stat"f-the art express carwash. Par 102 onetibnnaw�nrrcx e,na 75A-239 Planning and eullding Agency Planning Dtvlalan 20 Click Canter Plan P.O. Box ION (111-20) sarrI2 Am, CA 92702 VARIANCE (714) "?Sou wwwAwnb"no.org Application Section 41-638 (a)(2)(1n) (public welFareand surrounding property) Allowing a landscape setback reduction improves the public welfare by allowing for sufficient room for turning motions into and and out of the wash tunnel, and to create a facility that will benefit the community by offering vehicle washing services that are both economical and environmentally desirable. Section 41-638 (a)12)(rv) (elfecl upon General Plan) There would be no effect on the General Plan by allowing this variance. IV. Addltlonal Notea; This is also a consideration that should be allowed by the city as consideration of the multiple dedications and easements required by the city for the betterment of all of its citizens, but with significant negative impacts for the applicant. VARIANCES OR MINOR EXCEPTIONS FINDINGS IN COMPLIANCE WITH SECTION 41-638 (a)(2) OF THE SANTAANA MUNICIPAL CODE (1) That because of special circumstances applicable to the subject property, Including size, shape topography, loralon or surroundings, the strict application of the zoning ordinance is found to dapnve the subject property or pir ileges not olherwise at variance with the Intent and purpose of the provisions of this chapter, (li) That the granting of a variance or minor exception is necessary for the preservation and enjoyment of one or more substantial property rights, (111) That the granting of a variance or minor exception will not be materially detrimental to the public welfare or inj unous to surrounding properly, (rv) That the granilrig of a vanance or minor exception will not adversely affect the general plan of the city Pegg 2 Of 2 vn'dx re m�rixaruro� 75A-240 Plannl ng and Building Agency Planning Dlvtelon 20 Civic Center Plaza P.O. aox ION IN-20) Santa Ans, CA 92102 (7141647.5804 www.santaana.org PLANNING DIVISION Gpnditfonal Use Permit Requirement CONDITIONAL USE PERMIT Application A CondlUcinal Use Permit is required for certain actrvrties and uses which are permr<ted by the zoning code, only d they can be found to be oDmpabble with surrounding uses These situations are considered Individually by the Planning Commission or Zoning Administrator on a rase -by -case basis 11 is up to the applicant for such a permit to show that the use being proposed is acceptable in the locahon proposed and is of general benefit to the City, compatible with a9 surrounding uses, and consistent w.th the City's Gan aral Plan Conditional lies Purpose Describe briefly the specific use(s) and improvements proposed - Demolition of existing gas station and carwash building - Construction of new 3,040 s.f. Gas Station Convenience Store - Construction of new 4,354 s.f. Express Carwash Facility - Construction of new 2,843 s.f. gas station canopy and new pump islands - Construction of trash enclosures - Construction of site improvements including paved parking areas, sidewalks, parking lot lighting, underground utilities and drainage systems and landscape planting and irrigation Conditional Use Justif cation -71 The conchbonal use procedure provides a method whereby specrric uses, not considered compa4ble as e Permitted ties in a zoning district, are afforded an opportunity to locate in the zoning district on the basis of a specific la bon provided certain Findings can be established [Santa Ana Municipal Code (SAMC) Sections 41£38 (a)(1)(i), (A), (III), (IV), and (v)l The Zonng Adminisbaior• Planning Commission, and City Council must make affirmative findings on all five items listed in the above mentroned code sections It this request is to be approved Your Concise responses to the following five criteria are essential IPlease read $AMC Sections 41-638 laj{t)li], (o)• (w), (iv), and (v) carefully, they have been reproduced at the end of this form for your convenience ] Section 41-638 (a)(1)(i) (necessary and desirable) The proposed improvements are necessary to provide gas sales and retail services for a freeway -oriented site. The project is consistent with the goals stated by city staff for the design and function of the facility. Section 41-638 (a)(1)(n) (heath, safety, and general welfare) The proposed project will not in any way negatively affect the health, safety and general welfare of the population. It features excellent site ingress, egress, and internal vehicle and pedestrian circulation. It also features Improved water quality management for all water runoff when compared with the existing facility. Page 1 of 2 cm•Amcur WS 75A-241 Planning and Bulldln0 Agency Planning Division 20 Civic Center Pion P.D. Box ISM (fA-201 Senta Ana, CA 92702 1714) 547-M04 www.aanlaana.org Section 41-038 (a)(1)(rir) (economic stability) CONDITIONAL USE PERMIT Application The project will feature gas sales and a convenience store branded by a major oil company The Express Carwash facility will provide desirable vehicle washing services, Both operations will be beneficial for the local community and for freeway commuters. Section 41$38 (a)(1)(w) (compliance with other regulatiors and conditions) The project has been fully reviewed by all city departments and when constructed will be in compliance with all federal, state and local codes. Sectran 41-638 (a)ll)iv) (effect on the General Plan) No effect on General Plan CONDITIONAL USE PERMITS FINDINGS IN COMPLIANCE WITH SECTION 41-38 (a)(1) OF THE SANTAANA MUNICIPAL CODE (I) That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community, and (n) That the proposed use will not, under the circumstances of the particular case, he detrimental to the health, safety, or general wefFare of persons residing or working in the wcmity, and (ra) That the proposed use will not adversely affect the present economic stability nr future economic development of property in the Surrounding area, (IV) That the proposed use will compty with the regulations and conditions specdrad in this chapter for such use, and (v) That the proposed use will not adversely affect the general plan of the city or any spwic plan applicable to the area of the proposed use P a;1r, 2 uP 2 vnuicCIIP 905 75A-242 EXHIBIT I 75A-243 MAYOR 6hgum A Pulido MAYOR PRO TEM Juan Vilregas COUNCILMEMSERS Caulla Iglesias naval Penalaxa VicerHa sarmi anln Jose Solaria .rune 11), 2014 Bundy -Finkel Architects ItTr Richard Finkel 1 120 RiOo€ Slrect, Stutc 120 Costa Mesa, CA 0262(i U CITY OF SANTA ANA Planning and Building Agency 2C Civic Cardeir Plaza . P O nor I Me Santa Ana, Ca!amia 92702 CITY MANAGER Krishna Ridge CITY ATTORNE I Srnia R Carvalho ACTING CLE-AK OF THE COUN0I Nrama Mare Ramirez subjecl• Russell -Fischer Car Wash and Gas Sttdion Ralnodcl, 301 b 325 North funllll Arcnuc. DP No 2019-14 (Master Ill No 2019-1511M) (plans dated 4t22iN and reccivW on 4'24)' 113) Dear Mr Ftnkcl Phank you For ynur Submlttnl tin• I111c propnstA C111151ruetIU11 oI un automated car wash and remodel of a gas station and Ctinsrnienec stole al -101 and 325 Nat-th Tustin Avenue AHer res teti tog y%WF proposal. the ['it}'N Dcsclopmcnt Ret ic% C'D imlttee [DRQ has prepared the following wininents that will assist you m cnsuring yuut pr0jec1 cnnlplICS with the C'11y's requtreinents These comments tnc based oil thr plans and information you pins•tded with your applwallon The Plinumig Division. Budding Safety Division, and 110kc Works Agency 11a\C tdriddied sknvral Ilcins that require a titrnml TeSuhnultal of ynur ptojecl To complete the Deselopinent Project Review process- ten t I (1) Sets of revised plans that address the attached DRC's contmcats aced to he vuhnutted. Plcase notr thul as proposcYl, yu111- project rcgmreY approwqi nfconditlunal use permlltsl and a t'arlancc Also utclttded III tilts loner I5 a detalled list of additional royuircrrielrls aactior wridutuns that you will awed to address betorc your project racervcs appros all Prior to submitting the cnnditlunal usC penrlit(s) and sarwnce appli,:annns. all of t[ic iNsueti related to completing Detelopmwnt Projeil RCVtesV that arc Ittitcd m the lt:nr.-r +Icccj to be uddresycd 5ANTA ANA CITY CPl1NC'L DP19 , '� afs!.•IA Alm .!.Y Su•Iw•IL• 331-- •rd :r -Sr.*.o �rrn•, oa aAl IX ! ayrc. n• Rln. r Ailyc� r`o l!1!•! Wy0 "A' • %V -r Wm] Y !� !!_£�A•rd N9 Jl l �.,_M L .':. 19,- e4 ir) ... .! 4 jy .'pyY' y"y Jc e_� •! • ! J d;•lr..!'•p-• y Ikv�sa _f!!II YLn �'!J 75A-244 Car S(atton remodel & Car Nash D? No.2019-14 Mmter 11) hn. 2019.151108 June 19, 2019 Page 2 of 2 Please keep in mind that Development project Review is valid for one year. Any submittal after the one year tune period, or the submittal of a different project at any time, will require the payment of new furs. Feel free to contact me if you have any questions, if you would like to schedule a meeting to discuss the attached comments or when you are ready to resubmit your revised plans. I can be reached by email at SKukthot(a.3anta-ana.org or by phone at (714) 667- 2740. Sincerely, Selena KcIaher, AICP Associate Planner SK: M Vkr {aPmu6 PmpeWDP p619.14 NI HTtI91R • Crr WxsRDAC Ic*,, DP 2019-14-Itoodl hwhcr U1 )25 N TLR9u dce 75A-245 MEMORANDUM 11 MCT AL 4-0275 TO; Finance $ ManagemenlServloes Ageary i��I Friday, April2.6, 2019 C FROM! Planning and Budding Agency t SUBJECT: Miscellaneous Cash Transacuon "^ � All fees are su blect to change at any time and may also be affected by scheduled adfus tments on July 1 of eath year The Payee must pay the Pre walling rate al the time payment is made 'ROJECT NAME Gas 61.610e11, RemOrlel and Car I'Vash MASTER ID # 2019-151108 PROJECT ADDRESS 301 N Tustin Ave, Santa Ana, CA 927D5-38X AP #400-032-03 Ipplication# DP.2019.14-NEW Permit# ISSUED TO Russet Fischer Partnership ADDRESS 16061 Beach 131wd Huntington Beach, CA 92647 1 Categorical E9empl4bhnmriviron me^Lai Determ-naFicn 7 l7euelepment Prorad Review Comments DP-2019-14 tsssed By Kel Ater. Se lena(Planning and Bur ldin g Ageney) NOTES: For payment to be considered complete. a M isceElaneous Cash Trs nsaettun (MCT) must be paid in full App{idant must return to Planning with stamped cashier validation of the paid MCT for closure in the Planning system Page 3 of 3 1 0000 5633 54 6633 54 011 t6Q02 5MO7 1 DODO 519.918 80 819,918 88 011 t6CO2 53616 t. Rsf:. rt ,yti s:9155f' • r i4F f: ".411NEh`HI}• k5;37 41a.•..,y [;•�,au..,.rr+•3�FN Al -t I•v: f171 '+rlt TOTAL FACT AMOUNT. $ 20,552.34 G� Account # 01116002 53607 01116002 53616 I4tI? 8633 54 519,916 60 DP II 14 75A-246 Discretionary Action New Submittal Case Planner: Kelaher, Selena Distribution List: 0 Planning - CasePlanner ® Planning -Planning File Planning - Urban Planner 0 Building Department E1 City Attorney ® Housing ❑ Parks. Recreation 8 Comm Services Phone Number: 714-667-2740 skelaher@santa-ana org ® Police Department ® Public Works Development • Public Works - Traffic • Public Works - Water (ZNiP ® OCFA (SR #278903) ❑ Other Project Information DP#: DP-2019-14-NEW MID#: 2019-151108 ERM Date Submitted: 0510112019 Expedited: ❑ Draft Comments Due: 0512)12019 Project Name: Gas Station Remodel and Car Wash DRC Meeting Date: 0512312019 Street Address: 30' N Tustin Ave Final Comments Due: 0512812019 Applicant: Finkel, Richard Keith Request Site Plan Review For: Conditional Use Permit lVariance Zoning: P GP: PAO Redev. Area: NA Project Description: The applicant Is proposing to remodel the existing gas station and convenience store at 325 N Tustin and to construct a new automated car wash at 301 N Tustin A lot line adjustment is also proposed A CUP will be required for the car wash and for 24-hour operation of the convenience store A Variance wfil be required for the reduced franl landscape yard on Tustin Avenue 75A-247 EXHIBIT J 75A-248 €— Za 011 BMET s,N � n �"g1.i1T'v •J.C'� b s' I Y Q1 y f T m J- Ell _ r � F i i[ g C r_ gyp`p ,:. souRCE: BuNDY—nNKEL ARCHITECTS FIGURE 2-2�NO SCALE PROPOSED SITE PLAN TUSTIN AVENUE RETAIL. SANTA ANA 75A-249 5tr-£ anuaAV u11snl gVIDN SZE Pue TOE OT-STOZ'ON aVA U-6T6Z ON dn:) 'OE-610Z 'ON JnD auO35 11ela8 ig ysem ie:) NVId 3115 - 511E1Hx3 ❑ ❑ ❑ ❑ _ ❑ - - Mn -....1 .I ` ..1; El El !a �E ❑Li m H m� 'J El LJ L)-- - - _ e _❑ E { » m ❑ 71 I SITE PLAN for 2019 Revised Project - Russell Fischer Express Car Wash 75A-250 EXHIBIT K 75A-251 Irvine Advisory Group, LLC Horne I News I Prujeets I Links [ Contact Us IAG Advisory Committee Paul Dadgar, Principal of Irvine Advisory Group, LLC, Is proud to announce the formation of its Advisory Committee, The Members of the committee are all independent professionals with ties to the Car Wash & Service Station Industry and Capital Markets. Some of the Members include: Robert Geringer, President Geringer Capital, Investment Bankers Mr. Geringer is an experienced and diversely skilled entrepreneur in a variety of industries, with a particular focus on real estate. He has participated in the management of numerous private and public real estate development companies in various locations across the United States. His business acumen draws upon his years as an accomplished tax and business attorney, whereby he gained practical and legal experience in development, finance, taxation, syndications, mergers and acquisitions, and creative financing solutions to maximize real estate values. Highly experienced In all sectors of real estate development, Mr. Geringer has achieved great success in the development of commercial and residential real estate projects in California, New Mexico, Tennessee and Texas. Mr. Geringer received a B.A. in Economics from UCLA, a J.D. from Southwestern University School of Law, and an LL.M. in Tax Law from New York University School of Law. Robert ]. Roman, President, RJR. Enterprises, Carwash Advisors RJR Enterprises provides consulting services for start-ups and going concerns. The firm specializes in location assessment, feasibility study, strategic planning and opinion of value. Before forming RJR Enterprises, Robert was involved in Carwash management and owned and operated carwash, quick oll change and detail shop businesses. Prior to this, Robert was employed as environmental program manager For local and state agencies. Robert holds degrees in Business Administration from University of South Florida and has advanced training in travel demand forecasting, pollution prevention and automotive technology. Robert Is also a contributing editor to Auto Laundry News, the carwash industres leading trade .journal. Ken Green Fuel Pros J Wash Pros Ken Green is currently Vic President of Fuel Pros & Wash Pros has over 30 years of experience in construction, sales, service and maintenance of the service station & car wash equipment business. Fuel Pros & Wash Pros headquarters, warehouse and Central Service Center is located in Chino, CA, Fuel Pros, Inc. (Fuel Pros) is a dynamic, service oriented, construction, maintenance, and testing company committed to providing superior professionalism to ali operators of fueling systems, carwashes, convenience stores, and card locks. The Company provides service primarily in Southern California but is proficient throughout the State. The company's Car Wash division has an exclusive Affiliation Agreement with a company founded by Mr. Dadgar called American Carwash Equipment Solutions (ACES) providing ACES technicians and mechanics proficient in the installation and 75A-252 maintenance of all major carwash systems. Richard Keith Finkel, A.I.A., Principal, Bundy Finkel Architects A graduate of Cal State Polytechnic University at Pomona (1984, Bachelor of Architecture) and Pierce College, Woodland Hills, CA (1980, Associate of Arts), Mr. Finkel has been a Principal at Bundy -Finkel Architects in Newport Beach, CA since July 1991. His duties include marketing, design„ construction administration, CAD operations and general office administration. From August 1989 to July 1991, Mr. Finkel was Principal and Director of Operations at Blomgren Associates Architects, Orange„ CA. His dirties included marketing, design, construction administration and overseeing production operations including CAD system. He served as Project Architect from May 1984 - August 1989 at LPA, Inc. in orange, CA. His duties included project management, creation of working drawings and specifications packages for commercial, industrial, and office projects. Prior to holding that position, Mr. Finkel worked as Project Manager at Arnel Development, Tustin, CA. He also taught Architecture Design at Saddleback College in Mission Viejo, CA from August 1994 June 1995. Mr. Flnkel holds the following licenses: California State License # C19014, Nevada License 154311, Arizona License 9l35328, Colorado License #305951, and Maryland License 412165, Scott Strong, President Strong, Inc., Specialty Construction Contractor After graduating from high school in 1985, Mr. Strong began working full-tlme constructlon during the day and attended full time college at night. In 1991, he graduated a B.S. in Engineering & Construction Management from California State University at Long Beach. Prior to starting Strong Inc., Mr. Strong was the Vice President of United Pacific Environmental which speclalixed in fueling system work, environmental clean-up and service station construction. Since 1998, Scott Strong has led Strong Inc. in construction of gas stations, carwashes, truck stops and fueling systems. From remodels, to facility upgrades to ground -up construction, Strong provides up -front consultation, cost analysis, and turd -key construction contracting. Strong Inc. is based in the Long Beach area and operates throughout southern California. Steven Elser and Kurt Wagenknecht, Partners in X12 Architects Inc., Architects Kurt P. Wagenknecht and Steven C. Elser formed K12 Architects in June of 1998. Based in Sacramento, California, K12 Architects provides comprehensive architectural services for a variety of project types including, car washes, fuel stations, retail, office, industrial, and commercial buildings. With over 25 years experience, Elser and Wagenknecht have constructed many high end Full Service and Express Exterior Car Washes throughout Northern California. Their services Include project evaluations, site evaluations, master planning, program analysis, construction cost estimates, design„ construction documents, and construction administration. Michael Geyer, President of Auto Convenience Centers & ARCO AM/PM® As managing partner of Ramon Canyon Associates, L.P. since 1993, Mr. Geyer completed the land acquisition, planning, permit approval process, secured the necessary financing and constructed an auto center on 1.6 acres of land in Cathedral City, Callfornia. The site has been improved with a 3,200 square foot ARCO AM/PM9 convenience store/gas station and 4,900 square foot full service Hand Car Wash and Detail Center. He concurrently formed Auto Convenience Centers (ACC), a California corporation, to own and operate the Cathedral City ARCO franchise and car wash business. ACC has operated the AM/PM and car wash From May, 1995 through 75A-253 October 2007. In early 2000 Mr. Geyer began development processing, as a managing partner of Eagle Plaza LLC, for a 2.1 acre site in the City of La Mirada, County of Los Angeles. The project consists of a 3,200 square foot ARCO AM/PNI(e), an attached 2,500 square foot fast food restaurant w�drive thru and a non -branded five fueling position large truck diesel fueling canopy. The project opened In juiy or 2003, and in 2007 ranked in the top 1% for ARCO AMIPM@ franchised operators, generating in excess of $23,000,000 In sales. Geyer was selected by the BP ARCO Leadership Team to serve on the inaugural Franchise Advisory Council, Steve Welge, Vice President of Hi-Def Lighting & Electrical, Inc. Mr. Welge has worked in the construction industry since 1984. Prior to helping start Hi-Def Lighting & Electrical, Inc, In 2013, Steve worked in several positions at Fillner Construction, Inc. from 1990 until 2013 which included President beginning in 1998. Prior to joining Fillner, Steve worked in several positions at ARCO from 1984 until 1.990, including construction engineer, environmental compliance officer, and head of maintenance. Steve has a BS In Engineering from UNR and an MBA from SCU. Steve joined Fillner as a Project Manager/Estimator, then moved on to real estate acquisitions/sales, project entitlements, and financial assessment of various development projects. Hi-Def Lighting & Electrical, Inc. is a one -stop shop for commercial electrical and energy efficiency measuros primarily targeting LED lighting retrofits. The two partners (Steve Welge and Eric Dickson) each have over 30 years in the service station industry. Steve's background is primarily general construction, development and finance. Eric's background is in commercial electrical [specializing in fuel facilities]. Eric is also very active in this Industry and has served as a trainer for WECA, member and trainer for the CA Electrical Inspectors Association, and as a reviewer for portions of the NEC during their code review every three years. Hi-Def is based in Rocklin, CA (Sacramento region), and operates throughout Northern California. Hi-Def provides both design -bid -build, and design -build services for electrical. Chantal M. Mariotti, Executive HR Consulting Group, HR Consultants Ms. Marlottl founded Executive HR Consulting Group, Inc., in April, 2003, providing full range of HR services - fiom labor relations to training and employee relations. The company serves a number of industries, including the car wash industry, restaurant and hospitality, architectural, banking, scientific, internet and retail. With a high level of experience in customer service, Executive HR Consulting Group understands how to become a business partner with their clients. A graduate of the Institute Chateaubriand in Cannes, France, Chantal was initiated to the HR field in both the banking and insurance industries. She then started her career in hospitality human resources in the lodging industry and worked with Hyatt Hotels for nine years. Her experience Includes working in both union and non -union environments and successfully implemented the "shared -services" concept, directing two properties simultaneously. Throughout her career, Chantal has successfully negotiated numerous labor- management agreements with various labor union organizations, and served as Trustee on the Los Angeles Hotel and Restaurant, Ernployer/Union Trust Fund. She is an active member of the California Chamber of Commerce, The Society for Human Resources Management, Professionals in Human Resources, The Employment Management Association and the California Restaurant Association. Copvright�D 2016 Irvine Advmry Group, LLC All rights resa , 75A-254 75A-255 Irvine Advisory Group. LLC News I Projects l Links l Contact Us ,Irvine Advisory Group is a consultancy ocaded 6y Fa,:er Cladgar that has speciahzed in all facets of the carwash industry for over 75 years. Services: Irvine Advisory Group provides assistance and independent analysis to operators currently in the carwash industry, developers, U5 and International investors in the fallowing areas: • Customized Research Reports & Consulting Studies for Strategic Planning and Mergers & Acquisitions • Development Services & Support to Builders - Feasibility Studies, Demand Analysis & Site Recommendations • Transaction Funding Strategies & Recommendations • Equipment Financing and Leasing Programs • All Aspects of Full Service, Flex Service Express Exterior Operations and Management Recent Flews (C1ick fol FresS Releases and Arild+esj Lakewood Car Wash Reopens! Case Study: Cruiser's CarWash Car Wash Case Study - Cruisers Car W... F;-] Paul nadgar, Principal Paul dadgar has been actively Involved Ill the Car Wash and Service Station industries for over 25 years. In the late 80`s to early 90's Mr. Uadgar was involved In providing financing to the car wash, service station and alter automotive related industries. In the mid LWO0 Mr fladgar faa*ed on providing mergers and acquisition support services to car A -ash and service station business Owners. The firm was also involved in consulting Investors in other high cash flaw real estate ventures. In 1997 Paul Dadgar founded Carwash of America, LLC, a car wash company, funded by wall street investors that owned and operated ten (N) Ful I•Service Car Washes with branded Seivloe Stations and Fire (5) Jiffy Lu bes. Today, Mr. Dadgar is active In all aspects of the firm'5 consulting $ development efforts nationally. He is intensely pas5iomte about the industry and has a deep understanding of the business. He has been a featured speaker at car wash oonventlons and authored car wash related articles for Industry trade magazines. consulting Rates Fiff out fh is form- 75A-256 77042h Irvine Advisory Group, LLC Home I News I Links I Contact Us Carwash Projects and Business Strategies Consulting Services Expanded n Irvine Advisory Group, LLC provides consulting services to private research firms that serve the investment community worldwide. Mr. Dadgar, makes scheduled presentations to the Firms' clientele who are researching the car wash industry and include well known Private Equity Firms, Pension Funds, Asset Managers, Investment Banks, and Venture Capital firms with over $300 billion of assets under management. American Canwash Equipment Solutions (ACES) A meriewa -C arwmh Egvipmcrzt ,Rosman °` S nlr.rtionx We Are C"arwash AI.'iiH Paul padgar is the founder of ACES, a full line distributor of some the finest car wash equipment in the industry. The company works with a network of distributors that have over 50 years of combined history in equipment distribution, installation, service and repair. ACES projects are some of Hie first to Comply with the National Carwash Installatlon Standard ` (NCIS'") originated by one of its affiliates and which will soon become an industry benchmark. The company offers car wash operators several specialized ,programs such as the Hybrid Car Wash System"', Express Exterior Enhancement Package'", Min Max In -Bay )[press'"', In Say Express Plus'" (EDR) and the Instaflex Conversion Program". Business Growth Strategies ffiaNASCAR CARWASH and Irvine Advisory Group, LLC entered into an agreement whereby IAG will assistance the company in its strategic growth plans to develop into a national chain. IAG has made introductions to investors both for the purpose of raising private equity and entering into licensing agreements to build, own and operate NASCAR CARVNIASH locatlons in selective regions of the USA. Collaborating for Success Irvine Advisor Group, LLC provides FasGXpress general advisory services in So California. In addition IIAG through its affiliations with car wash equipment manufactures has provided the company with its state-of-the-art central vacuum system. Fast 5 Xpress Is the Fastest growing Express Exterior Canvash chain in Southern California. Investor Services to the Detail Industry 75A-257 Irvine Advisory Group provided general consulting services to the owner of Beach Cities Car Wash & Detail. The Detail Shop is one of the most successful in Southern California, currently servicing many high end exotic dealerships. Business Planning and Implementation Irvine Advisory Group, LLC was chosen by this 50 year old chain, once the largest regional chain in California, to assist the family owned company with its next generation Wategic plans. Beacon v+' a�s 00N Bay owned some of the finest car wash and detail shops in 'r orange County including the crown jewel of the chain in Newport AUTO WASH Beach at Fashion Island. Redevelopment and Modernization from Full Service to Flex Service Car Wash l fi ■! W 0 0 LAG worked with the client to develop a modern Flex Service model operation. The effort was extensive and included working with the contractor to remodeling and modernizing a — year old facility to include a new equipment room, new boutique and comfortable waiting area for customers. Many State of the Art Innovations were Incorporated in the car wash including: This venerable SD year old facility undenkent extensive remodeling and reopened as a new, modern Flex Service operation, featuring a new boutique and comfortable waiting area for customers. The car wash tunnel was remodeled with construction work necessary to support a new conveyor system and state-of-the-art all cloth equipment including on-line tire dressing and most recently a Dry N Shine'". The conveyor and tunnel are approximately 160 feet long, so IAG incorporated multiple services and marketing packages including an online express wax process called California Speed VJaxT" FAG recognized that there will be new innovations both in equipment, marketing and new product lines and has provided for the additlon of all these updates in the design parameters of the tunnel. IAG also worked with Vacutech Systems to incorporate a specialized central vacuum system for the Express Detail area and the customer Self Service Vehicle Enhance Center. The car wash is designed to incorporate automated pay stations and gates, which will also include a new PC's to be incorporated in later phases of the modernization plan. Washlink Systems provided the car wash with a new Motor Control Center and Variable Frequency Drives for power conservation. Recognizing the concerns related to environmental stewardship & Issues with California's drought, IAG also incorporated and elaborate water saving reclaim and RIO system capable of greatly reducing the amount of fresh water used in the wash process. Strategic Expansion Plans for a Chain of Washes and Quick Lube Business IAG provided strategic market data and other strategic planning services to a client that acquired a chain including two full service carwashes a self- service carwash and quick rube. The transactlon was settled privately as both parties preferred that the information remain confidential. IAG was also responsible for providing the company recommendations it needed to maintain its competitive advantages and building on its management infrastructure. Consolidate Through Mergers and Acquisitions with Public Exit Plan IAG has acquired several washes for the client and identified other M&A candidatesIAG is involved in the strategic growth plans of a client that is diverslfying their existing business portfolio by acquiring and operating Full Service and Express Exterior car wash businesses. The clients' business plan was to acquire multiple sites In their metropolitan trade area and ultimately 75A-258 seek an exit strategy in the public or private equity markets, IAG has also provided consulting services related to marketing, management oversight, sales training and operational policies and procedures. Conversion of a Full Service CW to an Express Exterior Car Wash OftoIAG represents a client who acquired an old full service carwash which had been neglected for the past 10 years. The clients' strategy was to acquire the location, secure permits to remodel, re -equip then re -introduce the business as a state of the art Express Exterior Car Wash. A great deal of research was done to insure that the new model would find favor and success within the community. IAG also helped the client research and secure significant community redevelopment funds and tax benefits through the state and local utilities, Working with a Public Company to Introduce a New Carwash Franchise Mr. Dadgar along with other consultants were chosen and exclusively hired by a large publicly held company to support its entry into the carwash industry. Mr. Dadgar was involved in providing predevelopment location grn416 IISH andtechnical matrix, osite studies, ain ng of equipment menu andprsite m a nagers, train i ng the CaaW trainer programs, and selection of the operating business model. Mr. Clean Performance Car Wash is a National Franchise in the Car Wash Industry. Exterior Carwash Development IAG spent two years researching the exterior car wash Industry, meeting with some of the largest Family owned operations and equipment manufacturers, reviewing site characteristics and demographics and various operating business models across the United States. IAG now brings this experience and business know how to its clientele, throughout California. Subsequently, Mr, Dadgar was involved in the planning, development, construction and operations of his own Express Exterior Garwash. IAG is working with developers & investors throughout the State of California who are in various stages of development with similar Express Exterior Car Wash projects. CopVryht i9 2019 rrNnp rlrly�5[ny Gr��D. I I,[, AIr right; reserved. 75A-259 HAND CERAMIC XFRESS DETAIL WASH COATINGS &A WASH SERVICES - r . .. _ - •`^^Mar I _.. ABOUT US For over 30 years, Russell Fischer Car Care has set the standard for vehicle maintenance. Wherever you are, whatever vehicle you drive, you'll find no Car Wash does it better than Russell Fischer. We are committed to our customer with fast, qualityvehicle service to preserve the health of your vehicle for years to come. Year on year, we maintain a 99.5% cu stomer satisfaction rate and have washed over 12 million vehicles! With three Full -Service car care centers and two Xpress car washes in Huntington Beach, Santa Ana, & San Clemente, Russell Fischer is one of the largest systems of company operated service centers in the car care industry offering quality xpress and premium hand car washes, detail services and ceramic pro permanent paint protection. Headquartered in Huntington Beach, California, we are centrally located to ensure each of our locations receive the love and care that they deserve. Remember, a clean car is a happy car! a.ntington Beach. CA 22 folluwers See all 9 employees on Llnkeddn -1 About us For over 25 years, Russell Fischer Car Care has set the standard for vehicle maintenance. wherever you are, whatever vehicle you drive, you'll find no Car Care Center does it better than Russel3 Fischer. We are committed to our customer vrith fast, quality vehicle service to -preserve the health of your vehicle for years to corm, Year an year, Pre maintain a 99.5% customer satisfaction rate and love washed nver 11.5 millior• vehicles] whh three full servi•ae car rare renters and threes spross car v+ashes- In Grange County, Rils.se11 Fischer is one of the largest systems at company operated service centers in the car care indush V. Headquartered in Huntington Beach, California, xe are centrally located to ensure each of our locations receive the love and care that [hey deserve: Remember, a clew car is a hapoy ca rl Wells" htrp:jfwww. russetlf ischer. cam Headquarters Huah"ton Reach, CA Year Founded 1957 Company Type Partnership Size 201-500 employees IRS5 F Employees at Russell Fischer Partnership People also viewed Mardicorp Rear Estate 11-60 employees Golden Tutors �OL4EH Education Managemen 1-10 employees BHIC LLC - RollanbacF Financial Services Abode LLC Real Estate 1-10 employees 8HYC, LLC In etc, 1.11 investment Managemei 11-5;o employees Commonii ith Par tni ...... ,., a, Commercial Real Eszalf 51-200 employees 75A-262 EXHIBIT L 75A-263 ESC[3N DI DO City rq CITY COUNCIL STAFF REPORT ' Public Hearing Item No. 9 May 23, 2018 File No. 0810-20 SUBJECT: Amendments to the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan to Limit Canvash Facilities and Maximize the City's Ability to Exercise Discretionary Review of Carwash Facility Applications (AZ 18-0003) DEPARTMENT Community Development Department, Planning Division RECOMMENDATION: It is requested that the City Council introduce Ordinance No. 2018-13 to amend Article 16 (Commercial Zones), Article 26 (Industrial Zones), and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code; amend Table 4.1 of the East Valley Parkway Area Plan; and amend Table 4.2 of South Centre City Specific Plan to enhance land use regulations for carwash facilities. PROJECT DESCRIPTION: The Project involves an update of various City codes and regulations to maximize the City's ability to exercise discretionary review of carwash facility applications. The purpose and intent of this Zoning Code Amendment is to list "carwash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards to allow for the typical range of activities typically associated with carwash primary or accessory uses, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendments also requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure self -storage facilities are reviewed and considered consistently, citywide. PLANNING COMMISSION ACTION: On April 24, 2018, the Planning Commission adopted Planning Commission Resolution No. 6118, recommending that the City Council approve the proposed amendments, by a 5-0 vote (Commissioner Cohen absent and Commissioner Watson recused himself). The April 24, 2018, Planning Commission meeting minutes and staff report are included for reference as Attachment 1 and Attachment 2 to this report, respectively. ENVIRONMENTAL REVIEW: The proposed Zoning Code Amendments are exempt from environmental review in conformance with California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Projects seeking to implement the amended provisions of the code that regulate self -storage facilities would be subject to separate review under S[arf 1 purt - Council 75A-264 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 2 the California Environmental Quality Act (CEQA). Therefore, pursuant to CEQA Guidelines Section 15061 (b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. BACKGROUND: Business owners and operators in the carwash service industry have experienced steady growth over the past six (6) years, as the economy began to recover and car ownership increased, While at the same time, lower gas prices have also translated to a greater amount of personal car use, which has had a positive impact on car service -based business. Although car -use demand within the industry is expected to continue, it is expected to be a slower pace than the previous six (6) year period. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the City. It is estimated there are approximately 29 carwash facilities in the City now with four (4) more in planning stages or under construction. In response, the City Council exercised its judgement to halt permitting for additional carwashes or expansions of existing facilities. Given uncertainty about the adequacy of existing carwash related regulations, a carwash moratorium was adopted on May 2, 2018. The intent of the moratorium was to temporarily halt permitting for additional carwashes or expansions of existing facilities so that the City could study the potential effects of the proposed use and establish new, permanent regulations. Through the May 2, 2018, adoption of the interim ordinance, the City Council effectively added consideration of a carwash ordinance to the ordinance priority list. The current moratorium is in effect until June 16, 2108. The moratorium could be renewed for a total duration of two (2) years after public notice and public hearings, if needed. Carwash facilities are listed as a permitted use in the CG (General Commercial) Zone and also have been approved administratively as "automotive services" in the M-1 (Light Industrial) and M-2 (General Industrial) Zones. Escondido has the most ,permissive policy towards carwashas compared to other agencies in North County. All other North County cities (San Marcos, Vista, Oceanside, Carlsbad, Encinitas, Solana Beach, and Del Mar) a]I require planning commission or city council approval for carwash facilities through issuance of a conditional use permit. City staff has conducted an extensive review of the legal, policy, and neighborhood compatibility - related issues involved in regulating carwash facilities. This review has included evaluation of regulations adopted by other California cities and counties, as well as the recommendations of the American Planning Association (APA). It is important that the City take the time provided by the interim ordinance to carefully and thoughtfully assess the impacts generally created by these types of uses in commercial or industrial areas, and develop regulations that are tailored to the impacts and protect the community. Since the moratorium was adopted on May 2, 2018, significant progress has been made and code amendments have been drafted to follow-up and meet the objectives of the interim ordinance. Overall, the approach to the issues outlined in the interim urgency ordinance are 75A-265 Amendments to the Zoning Code and Specific Plans (AZ 18-0003) May 23, 2018 Page 3 same as those presented to the Planning Commission on April 24, 2018, as set forth in Attachment 1, and provided in Exhibit B to draft Ordinance No. 2018-13. The Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new carwash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57, special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the City's Noise Ordinance, Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated carwash facilities, regardless of zone district type. APPROVED AND ACKNOWLEDGED ELECTRONICALLY BY: Biff.'ARart in, Directa rof Community Development 511712018 10:18 a.m. ATTACHMENTS: WIike Strong, Assistant Director of Planning 511712018 5:51 a.m. 1. Attachment 1 — April 24, 2018 Planning Commission Meeting Minutes 2. Attachment 2 — April 24, 2018 Planning Commission staff report 3. Ordinance No. 2018-13 4. Ordinance No. 2018-13 — Exhibits "A" and °B" 75A-266 Planning Commission 04/24/18 ATTACHMENT 1 are more closely aligned with critical overarching economic goals of the city, while also addressing concerns about certain types of businesses and neighborhood compatibility. Commissioner Weiler and Mr. Strong discussed Item H, on Page 7 of the staff report as well as a clarification of the scope of analysis required for existing storage facilities looking to expand. Mr. Strong clarified that the proposed demand analysis and economic impact study would not change the nature of existing property owner/operator rights. Commissioner McNair and staff discussed the requirements for new storage facilities. Commissioner Watson and staff discussed Item B on Page 3 of the staff report. Commissioner Watson expressed his concern with the use of the word, .obnoxious" as outlined on Item C on Page 7 of the staff report. Mr. Strong indicated that the word "obnoxious" could be interpreted as different meanings. Mr. Strong stated that it is existing language and the focus of the Zoning Code Amendment was to not change existing criteria, but rather to expand upon it. Mr. Strong notes that the Commission could suggest replacement language as part of their recommendation to City Council. Commissioner Weiler supported staffs recommendation and suggested allowing storage facilities in other industrial zones, such as M2 zones. Vice -chair Romo was apposed to allowing storage facilities in the M1 and M2 zones, feeling there were better economic uses for those areas, He was in favor of limiting the proliferation of storage facilities. Chair Spann felt the market would dictate whether storage facilities were warranted. ACTION: Moved by Vice -Chair Roma, seconded by Commissioner McNair, to approve staffs recommendation. Motion carried unanimously. (6-0) 2. ZONING CODE AMENDMENT — AZ 18-0003: REQUEST! Amendment to the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of drive -through car wash and detailing land 75A-267 Planning Commission 04/24/18 - May 23. 201 S City Council Staff Report AZ1 B-0003 Attachment 1 Page 2 of 2 use applications. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. PROPERTY SIZE AND LOCATION: Citywide Commissioner Watson recused himself from Item 2. Mike Strong, Assistant Planning Director, referenced the staff report and noted staff recommended approval of the proposed Zoning Code and Specific Plan Amendments for the following reasons: The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Mr. Strong also noted that the proposed language provides exception criteria for temporary non -for -profit car wash activities and suggested that the exceptions should also apply to mobile detailers or temporary for -profit businesses. Vice -chair Roma and staff discussed the requirements for self-service car wash facilities. ACTION: Moved by Commissioner Weiler, seconded by Vice -chair Roma, to approve staffs recommendation, Motion carried. Ayes: Garcia, McNair, Spann, Roma, and Weiler. Noes: None. Recused: Watson. (5-0-1) 75A-268 ATTACH AENT 2 ESCONDIDO Cary of Croke� Agenda Item No.: I_2 Date: April 24, 2018 CASE NUMBER: APPLICANT LOCATION AZ 18-0003 City of Escondido Citywide TYPE OF PROJECT: Zoning Code and Specific Plan Amendments PROJECT DESCRIPTION: A proposal to modify Article 16 (Commercial Zones), Article 26 (Industrial Zones) and Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code to maximize the City's ability to exercise discretionary review of car wash and detailing land use applications. The Zoning Code Amendment requires ancillary and conforming amendments to the South Centre City Specific Plan and East Valley Parkway Area Plan to ensure car -wash facilities are reviewed and considered consistently, citywide. No development project is proposed. The proposal also includes the adoption of the environmental determination prepared for the project. STAFF RECOMMENDATION: Recommend the City Council approve the proposed Amendments described in Exhibit "B." BACKGROUNDISUMMARY OF ISSUES: Car -wash and detailing uses typically service motor vehicles and domestic equipment owned by residents in the surrounding neighborhoods. However, car wash and detailing uses have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and oar stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Concern was expressed at a recent City Council meeting that a proliferation of new carwash facilities could lead to over -saturation of this particular use that tends to utilize prime commercial land and provides little economic benefit to the city. It is estimated there are approximately 28 carwash facilities in the city now with four or five more in planning or under construction. It is anticipated that a canvash moratorium will be considered as an urgency ordinance by the City Council on May 2, 2018- The intent of the moratorium would be to halt additional carwashes or expansions of existing facilities until updated regulations can be implemented. The purpose and intent of this Zoning Code Amendment is to list "car -wash and detailing" as a conditionally permitted use in zones where the use is currently permitted by -right, while also establishing appropriate standards which allow for the typical range of activities, while standardizing mitigation for the associated undesirable impacts. The proposed Zoning Code Amendment would treat self-service car wash facilities the same as automated car -wash facilities; however, some of the proposed special use regulations would apply only to the drive -through, automated car -wash facilities. REASONS FOR STAFF RECOMMENDATION: Staff recommends approval of the proposed .Zoning Code and Specific Plan Amendments for the following reasons 75A-269 May 21. 2014 Ck Coumil Staff Reps! AZV8 M03 kachftwnt 2 Page 2 of T • The Zoning Code Amendment clarifies land use authorization for car -wash facilities in industrial zones. • The Zoning Code and Specific Plan Amendments maximize the City's ability to exercise discretionary review of car -wash applications. Discretionary review is a higher level of review of land use development applications. The decision -maker may exercise discretion in granting approval of car -wash and detailing proposals. • The proposed amendment creates new land development regulations for car wash (primary use or accessory use) proposals. These proposed special use regulations would apply citywide to all existing and proposed specific plans, master plans, and related amendments. The Zoning Code Amendment makes it clear that the new terms and limitations do not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days, which would continue to be subject to Temporary Use Permits. Respectfully Submitted, Mike Strong Assistant Planning Director EXHIBITS: A Factors to be Considered/Findings of Fact e Proposed Zoning Code and Specific Plan Amendments 75A-270 May 23, 218 City Council Staff Rapan AZU- P3 Ftta[hm l2 Pago 3M7 ENVIRONMENTAL ANALYSIS: The proposed Zoning Code and Specific Plan Amendments are exempt from CEQA, pursuant to Section 15061 (b)(3). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Zoning Code and Specific Plan Amendments would not, in and of themselves, result in development or any other material change to the environment. Projects seeking to implement the amended provisions of the code that regulate car wash facilities would be subject to separate review under the California Environmental Quality Act (CEGA). Therefore, pursuant to CEGA Guidelines Section 15061(b)(3), the proposed Zoning Code and Specific Plan Amendment does not have the potential for causing a significant effect on the environment and is not subject to CEQA review. ZONING CODE AND SPECIFIC PLAN AMENDMENT ANALYSIS: Currently, car -wash and detailing facilities are a listed use in the Commercial Zone (Article 16) portion of the Escondido Zoning Code. Article 16 does not differentiate between self -serve car -wash facilitates and automated car -wash facilities; and the code does not differentiate between primary use or accessory use. Therefore, these facilitates, regardless of size or intensity, carry the same land use assignment. Car -wash facilities are permitted by -right in the Commercial General (CG) Zone. Car - washes are not permitted elsewhere in the Zoning Code. Car -wash facilities are authorized as a conditionally permitted use in the East Valley Area Plan; as a permitted use (by -right) in the South Centre City Specific Plan (Southern Entry Commercial District and WM Commercial District); and as a permitted use (by -right) in the West Mission Specific Plan (because the plan defers to the citywide Zoning Code). Currently, there are no special use regulations established for car -wash facilities. Zoning determines what can be built on your property and which uses are allowed. Typically, this is provided within the Zoning Codes, and land uses are categorized as primary permitted uses, accessory uses permitted in combination with primary uses, temporary uses, conditional uses, and prohibited uses. Conditionally permitted land uses are subject to review by the City's Zoning Administrator or Planning Commission through a public hearing. The .Zoning Code and Specific Plan Amendments propose to change the use allowance to require a conditional use permit for any new car -wash facilities. City staff also recommends adding supplemental index criteria to the development regulations to mitigate for potentially undesirable conditions for adjacent properties. The intent is to ensure that new development does not negatively impact surrounding residences or businesses. Additional special use regulations or supplemental index criteria has been created in Article 57 to support the City's adopted goals, policies and plans for future land use and development. As proposed in Article 57. special use regulations would include bay enclosures, vacuum stations, and airborne particle control. Potential noise issues are already addressed by the city's Noise Ordinance. Because Section 33-341 of the Escondido Zoning Code already addresses and includes provisions for commercial drive -through facilities, staff recommends this section be referenced for automated car -wash facilities, regardless of zone district type. i 75A-271 May 23, 2018 City Cowo1 Staff Report AZ18-p0W AttachmmU Page d 017 EXHIBIT "A" FACTORS TO BE CONSIDERED/FINDINGS OF FACT AZ 18-0003 Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed ,Zoning Code and Specific Plan Amendments. The proposed amendments revise the permitting process for car -wash facilities- The proposed zoning Code Amendment, establishing special use regulations, would not be detrimental to surrounding properties because no physical improvements are proposed as part of this Project, and the proposed changes are to enhance neighborhood compatibility and land use -related buffering- Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code Amendment would be consistent with the goals and policies of the General Plan because the amendment would not, in and of itself, result in development or any other material change to the environment- The proposed Zoning Code Amendment would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires an ancillary and conforming amendment to the East Valley Area Plan and South Centre City Specific Plan to ensure car -wash facilities are reviewed and considered consistently, citywide- 3. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. 4. The proposed Zoning Code Amendment does not conflict with any specific plan. The City's existing specific plans may refer to car -wash facilities as a permitted or conditionally permitted use. In those instances, special use regulations are referenced far design standards and other permit review -related criteria, which encompasses new specific conditions or standards, as amended through this proposed amendment. This Project requires ancillary and conforming amendments to the East Valley Area Plan and South Centre City Specific Plan to ensure car - wash facilities are reviewed and considered consistently, c"ide- 1 75A-272 May 23. 2018 City Council Staff Report A219"3 Rtlachm t 2 Page 5 or T EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 Amend the various Zoning Code sections to read as specified below. The changes are listed in order by section number, with stskeeut typeface illustrating deletions and underline typeface illustrating new text. SECTION I. Article 16, Sec. 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) CG CN CID PC Article 26, Sec, 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. 1-0 M-1 M-2 I-P Car -wash, polishing, C C vacuuming, or detailing (primary or accessory use) Article 57, Sec. 33-1126. ResepmclCar-wash, polishing, vacuuming, or detailing. The following section shall also apply to car -wash. polishing, vacuuming, and/or detailing uses (including self-service and automated facilities). This section applies to any primary or accessory use and any structure OF part thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and deta ifng uses shall comply with the development standards of the zon1ng district, general development standards, and this section. This section does not apply to temporary not -for -profit car wash activities that occur on not more than three (3) consecutive days at the same location. ti 75A-273 May 23, 2016 Uy CoaaCll Stall Report AZ18-0003 Ara hmon[2 Page 6 of 7 (a) All detailing or waxing (except for spray waxing) shall be conducted inside a building_ enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. (b) Bay enclosures. (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not open, glass block, or other closed material may be used as part of the wall face. (2) All carwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water, chemicals,and dust. (c) The exit from the car wash shall have a drainage system which is subject to the approval of the Cit . (d) Vacuum stations. (1) Vacuum stations and related euuipment shalt comply with the setbacks for the principal structure. 2 The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, wall/fencing, andlor berming. e) Automated and drive -through car -wash related facilities must also comply with the requirements set forth in Section 33-341(b). 1) The following types of land use activities shall be subject to Section 33-1125 of this article. (1) The construction of a new car -wash related faoility; and (2) The expansion of an existing car -wash related facility that Increases the size of the lot and involves new land area devoted to car -wash related improvements. Other types of expansions, additions, repairs. uogrades, replacement or reconstruction of existing facilities _shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with steilceaat typeface illustrating deletions and underline typeface illustrating new text. 75A-274 May 23, 2018 City Counol Staff Repcn AzlB-0003 Atlachment7 Page of 7 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C" detailing, as a primary or accessory use [Section 33-11261 SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with str keeot typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DIstrictslSubareas. Establish land use authorization for ear -wash facilities, by conditional use permit. Car -wash, polishing, vacuuminq. detailing {as a primary or accessory use, subject to Section 33-1126 of the EZC} WM General SE General RC RC 75A-275 ORDINANCE NO. 2018-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, AMENDING ARTICLE 16 (COMMERCIAL ZONES), ARTICLE 26 (INDUSTRIAL ZONES), AND ARTICLE 57 (MISCELLANEOUS USE RESTRICTIONS) OF THE ESCONDIDO ZONING CODE; AMENDING TABLE 4.1 OF THE EAST VALLEY PARKWAY AREA PLAN; AND AMENDING TABLE 4.2 OF SOUTH CENTRE CITY SPECIFIC PLAN TO LIMIT GARWASH FACILITIES AND MAXIMIZE THE CITY'S ABILITY TO EXERCISE DISCRETIONARY REVIEW OF GARWASH FACILITY APPLICATIONS APPLICANT: City of Escondido PLANNING CASE NO.: AZ 18-0003 The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: SECTION 1. Given uncertainty about the adequacy of existing carwash related regulations in the City of Escondido, an Interim Urgency Ordinance imposing a moratorium on carwash facilities was adopted on May 2, 2018, by Ordinance No. 2018- 11. This Urgency Ordinance explicitly prohibited the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. During that time period, the City evaluated and reviewed potential modifications to the Escondido Zoning Code and other land use regulations that pertain to carwash facilities. SECTION 2. That proper notices of a public hearing have been given and public hearings have been held before the Planning Commission and City Council on this issue. 75A-276 SECTION 3. The Planning Commission conducted a public hearing on April 24, 2018, to discuss and consider the proposed amendments, considered public testimony, and made a recommendation to the City Council. SECTION 4. The City Council has duly reviewed and considered all evidence submitted at said hearings, including, without limitation: a. Written information; b. Oral testimony from City staff, interested parties, and the public; C. The staff report, dated May 23, 2016, which along with its attachments is incorporated herein by this reference as though fully set forth herein; and d. Additional information submitted during the Public Hearing. SECTION 5. The City Council finds public health, safety, and welfare concerns have been expressed regarding the proliferation and potential oversaturation of car washing facilities in the community. The economic benefit of these facilities is negligible as the City collects minimal sales tax revenues associated with carwash facility operations. SECTION 6. The City Council finds that carwash facilities also have the potential to generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. SECTION 7. At this time, the City Council of the City Escondido desires to amend the Escondido Zoning Code to limit carwash facilities and maximize the City's ability to exercise discretionary review of carwash facility applications. The Zoning Code 75A-277 Amendment requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, Citywide. SECTION 8. This action is exempt from environmental review pursuant to California Environmental Quality Act Guidelines ("CEQA" and "CEQA Guidelines") Section 15061(b)(3) since there would be no possibility of a significant effect on the environment because the amendments will not directly result in development. Any future project or development as defined by the CEQA that may occur as a result of the amended language would be subject to CEQA review and analysis. SECTION 9. That upon consideration of the staff report, Planning Commission recommendation, Planning Commission staff report, all public testimony presented at the hearing held on this project, and the "Findings of Fact," attached as Exhibit "A" to this Ordinance and incorporated herein by this reference as though fully set forth herein, this City Council finds the proposed amendments are consistent with the General Plan and all applicable specific plans of the City of Escondido, as amended. SECTION 10. That the specified sections of the Escondido Zoning Code, East Valley Parkway Area Plan, and South Centre City Specific Plan are amended as set forth in Exhibit "B" to this Ordinance and incorporated herein by this reference as though fully set forth herein. SECTION 11. Exhibit 'B" to this Ordinance provides reference to Section 33-1125 within Article 57 (Miscellaneous Use Restrictions) of the Escondido Zoning Code. The content of Section 33-1125 was included in Ordinance 2018-12 and is separate from this action. Because of this relationship, Ordinance 2018-13 shall not be effective unless and 75A-278 until Ordinance 2018-12 is approved and is procedurally effective within its corporate limits as a statute in the manner provided by state law. SECTION 12. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this Ordinance is held invalid or unconstitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 13, That as of the effective date of this Ordinance, all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 14. That the City Clerk is hereby directed to certify to the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-279 Ordinance No. 201 &13 Exhlbh'A" Page 1 of 1 -*0111Cj11111IINC111iii FACTORS TO BE CONSIDEREDIFINDINGS OF FACT Zoning Code and Specific Plan Amendments 1. The public health, safety, and welfare would not be adversely affected by the proposed Zoning Code and Specific Plan Amendments. The proposed amendment develops new land use limitations and revises the permitting process for carwash facilities, which requires findings of necessity and strategies necessary to capture economic investment and locate development appropriately. The proposed Zoning Code and Specific Plan Amendments would not be detrimental to surrounding properties because no physical improvements are proposed as part of these proposed amendments. Future construction must comply with any applicable laws and standards. This includes the Building Code, the Fire Code, and any property standards bylaws. 2. The proposed Zoning Code and Specific Plan Amendments help ensure land resources are more closely aligned with critical overarching economic goals of the city, while addressing neighborhood concerns about certain types of businesses. I The proposed Zoning Code and Specific Plan Amendments, implemented over time though updated permit processing and review criteria, would likely lead to increased property values by promoting higher quality carwash facility development and/or preventing unwanted or unsightly forms of development in key areas where high employment uses are desired. 4. The proposed Zoning Code and Specific Plan Amendments would be consistent with the goals and policies of the General Plan because the amendments would not, in and of themselves, result in development or any other material change to the environment. Updating key portions of the Zoning Code establishes specific conditions or standards that would apply to future projects to promote land use ccmpall biIity, reflect current community needs, and ensure their consistent application regardless of zone district type. The proposed Zoning Code and Specific Plan Amendments would not diminish the Quality of Life Standards of the General Plan, nor adversely impact community health or natural resources. This Project requires ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. 5. This Project requires an ancillary and conforming amendments to the East Valley Parkway Area Plan and South Centre City Specific Plan to ensure carwash facilities are reviewed and considered consistently, citywide. No changes are proposed or required for the West Mission Specific Plan since the plan defers to the citywide Zoning Code, which as amended, would ensure lateral consistency. The proposed Zoning Code and Specific Plan Amendments do not conflict with any specific plan. 75A-280 Ordlnama No. 2014-13 E*ibi! "B" Page 1 of 3 EXHIBIT "B" PROPOSED ZONING CODE AND SPECIFIC PLAN AMENDMENTS AZ 18-0003 SECTION I. Article 16, Sea 33-332, Table 33-332, Permitted and Conditionally Permitted Principal Uses. CG CN CP Car -wash, polishing, vacuuming, or detailing rims or PC accessory use} Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Automotive services (excluding gasoline service stations and car - wash related uses) 1-0 M-1 M-2 I-P P P Article 26, Sec. 33-564, Table 33-564, Permitted and Conditionally Permitted Principal Uses. Establish "car -wash, polishing, vacuuming, or detailing" as a land use activity, by conditional use permit. Car -wash, polishing, vacuuming, or detailing (primary or accessory use) 1-0 M-1 M-2 I-P C C Article 57, Sec. 33-1126. Reserved_C_ar-wash, polishing, vacuuming, or detailing. The following section shall also aDDly to car -wash. Dolishina. vacuuming. and/or detailina uses (including self-service and automated facilities)- This section applies to any Primary or accessory use and any structure or part thereof used for the washing of cars either by manual or assembl line techniques, utilizing employees or the car owner, or a combination of both. Car -wash, polishing, and detailing uses shall comely with the development standards of the zoning district. general development standards and this section. This section does not apply to temporary car - wash activities that occur on not more than three (3) consecutive days at the same location U All detailing or waxing !except for spray waxing) shall be conducted inside a building enclosed on no less than three sides, subject to the satisfaction of the Director of Community Development. 75A-281 Ordinance No. 2018-13 Exhibit "B" Page 2 of 3 (b) Bay enclosures, (1) Sides of car wash bays or tunnels open to a residential use or a residential or mixed use zoning district that abuts or is across an alley from the site shall be completely enclosed or otherwise screened by a wall. Solid windows that do not oven, class block, or other closed material may be used as part of the wall face. (2) All oarwash bays and tunnels and all carwash equipment shall be designed to minimize the creation, and carrying off the premises, of airborne particles of water. chemicals, and dust, c The exit from the car wash shall have a drainage system which is sub'ect to the approval of the City. [d] Vacuum stations- (1) Vacuum stations and related equipment shall comply with the setbacks for the principal structure, (2) The site shall be designed to reduce the visual impacts of vacuum stations and waiting cars as viewed from surrounding development and public streets. The vacuum stations shall be screened to the extent feasible by an intervening building or by a combination of landscaping, walllfencing, aridlor berming. e) Automated and drive -through car -wash related facilities must also comply with the commercial drive -through requirements set forth in Section 33-341(b). The foIlow n g types. of land use activities shall be sub'ectto Section 33-1125 of this article, (1) The construction of a new car -wash related facility: and f2) The expansion of an existing car -wash related facility that increases the size of the lot and involves new land area devoted to car -wash related improvements. Other hypes of expansions, additions, repairs, upgrades, replacement or reconstruction of existing facilities shall be exempt from the requirements of Section 33-1125. SECTION II. Amend the East Valley Area Plan to read as specified below. The changes are listed in order by section number, with strikeout typeface illustrating deletions and underline typeface illustrating new text. 75A-282 Ordinance No. 2018-13 Exhlait `T Pape 3 of 3 Table 4.1. Permitted and Conditionally Permitted Principal Uses. Change description of use and source of special use regulations. CG Car -wash, polishing, vacuuming. C' detailing, as a primary or accessory use (Section 33-1126") SECTION III. Amend the South Centre City Specific Plan to read as specified below. The changes are listed in order by section number, with strikam, typeface illustrating deletions and underline typeface illustrating new text. Chapter 4, Table 4.2. Permitted Land Uses for Specified DistrictslSubareas. Establish land use authorization for car -wash facilities, by conditional use permit. Car -wash, polishing, vacuuming, detailing (as a Primary or accessory use, subject to Section 33-1126 of the EZC) ^ WM General SE General RC PC 75A-283 I!100110►1rN1:201Ct111111110101i015f AN UNCODIFIED INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ESCONDIDO, CALIFORNIA, TO IMMEDIATELY PROHIBIT NEW CAR WASH USES IN CONTEMPLATION OFAZONING PROPOSAL BEING CONSIDERED BY THE CITY IN ORDER TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE WHEREAS, there are over 28 carwash facilities currently in the City of Escondido ("City"), which are permitted in a variety of manners depending on the zoning classification; and WHEREAS, the City has the most permissive policy towards carwash facilities when compared to other agencies in the North San Diego County area which contributes to the City's proliferation of carwashes; and WHEREAS, the oversaturation of carwashes in the community provides little economic benefit to the City or City residents; and WHEREAS, an urgency ordinance pursuant to California Government Code section 65858 requires a four -fifths vote of the legislative body for adoption; and WHEREAS, in light of the proliferation of car washes in the City and the impacts as provided in this Ordinance 2018-11 ("Urgency Ordinance") there exists an emergency with respect to the health, public welfare and property in the City of Escondido; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. The City Council of the City of Escondido, California, DOES HEREBY ORDAIN as follows: 75A-284 SECTION 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. SECTION 2. This Urgency Ordinance shall explicitly prohibit the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses in the City of Escondido for forty-five (45) days. Notwithstanding the foregoing, any existing carwash facility shall be allowed to obtain their annual Cityof Escondido business license. Any carwash facilities under construction with a valid building permit on the effective date of this Urgency Ordinance shall be exempt from this Urgency Ordinance. SECTION 3. CEQA. The City Council finds this Urgency Ordinance is exempt from the California Environmental Quality Act (Public Resources Code § 21000, et seq.) ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment (CEQA Guidelines 14 CCR §§ 15061(b)(3)) and because it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of currently permitted carwash facilities (CEQA Guidelines 14 CCR §§ 15307, 15308). This Ordinance is also exempt from CEQA because it is an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21080(b)(4); CEQA Guidelines 14 CCR § 15269.). The City Council, therefore, directs that a Notice of Exemption, (attached as Exhibit "A" and incorporated by this reference), be filed with the County Clerk of the County of San Diego in accordance with CEQA Guidelines. 75A-285 SECTION 4, Findings. The adoption of this Urgency Ordinance is necessary for the immediate protection of the public welfare, health and safety. In accordance with California Government Code § 65858 and in orderto protect the public welfare, health and safety, the City Council of the City of Escondido finds and determines as follows: (a) Currently, there are over 28 carwash facilities currently in the City which were permitted in a variety of manners depending on the zoning classification with potentially more facilities in the immediate future. The City has the most permissive palicy towards these uses compared to other agencies in the North San Diego County area which is an attributable cause to the City's proliferation of carwash facilities. (b) The current oversaturation of carwash facilities in the community provides the City little economic benefit as there are minimal sales tax revenues associated with carwash operations. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Flan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non-residential land uses that do not serve the broader interest of enhancing city revenues." Allowing the continued establishment of carwashes will result In the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. (c) Canwash facilities hire few employees and typical wages paid at carwash facilities would not increase the City's overall median incomes. Carwashes would therefore not bolsteremployee densities in commercial and industrial zones or increase the per capita median income of the community. Allowing the continued establishment of carwashes will result in the immediate loss of potential income to City residents and reduce potential employment opportunities throughout the City. 75A-286 (d) Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of live for adjacent residents and businesses. (e) As outlined above, the continued allowance of carwashes will immediately frustrate the City Council Action Plan and be detrimental to the public health, welfare, and safety. SECTION 5. SEPARABILITY. If any section, subsection sentence, clause, phrase or portion of this ordinance is held invalid or unconstitutional for any reason by any court of competent j u risdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions. SECTION 5. Effective Date. The City Council hereby declares, on the basis of the findings set forth above, that this Urgency Ordinance is necessary to preserve the public welfare, health and safety. Accordingly, this Urgency Ordinance is adopted as an urgency ordinance and shall take effect and be in force immediately upon its adoption. SECTION 7. That the City Clerk is hereby directed to certifyto the passage of this Ordinance and to cause the same or a summary to be prepared in accordance with Government Code Section 36933, to be published one time within 15 days of its passage in a newspaper of general circulation, printed and published in the County and circulated in the City of Escondido. 75A-287 PASSED, ADOPTED AND APPROVED by the City Council of the City of Escondido at a regular meeting thereof this 2nd day of May, 2018 by the following vote to wit: AYES : Councilmembers: DIAZ, GALLO, MASSON. MORASCO, ABED NOES : Councilmembers: NONE ABSENT : Councilmembers: NONE APPROVED: + � r SAM ABED, Mayor of the City of Escondido, California ATTEST: k C r DIANE HALVERSON, City Clerk of the City of Escondido, California STATE OF CALIFORNIA ) COUNTY OF SAN D€EGO : ss. CITY Of ESCONDIDO ] 1, DIANE HALVERSON, City Clerk ofthe City of Escondido, hereby certify that the foregoing INTERIM URGENCY ORDINANCENO. 2018-1 1 Passed at a regular meeting of the City Council of the City of Escondido held on the 2"d day of May, 2018. i DIANE HALVERSON, City Clerk of rho City of Escondido, California 0RDINANCE 7\10, 2018-1 1 75A-288 UHInanw2032-u uhbt'A' Pace 1 of 1 CITY OF ESCONDIDO PLANNING DIVISION 201 NORTH BROADWAY Cigrafn_Iwlce"114~ ES CONDIDO, CA92026-2798 (760) 839-4671 Notice of Exemption To: San Diego AssessorlRecorderlCounty Clerk From: City of Escondido Attn: Fish & Wildlife Notices Planning Division 1600 Pacific Hwy, Room 260 201 North Broadway San Diego, CA 92101 Escondido, CA 92025 MS A-33 Project TitlelCase No.: Interim Ordinance Imposing a Moratorium on Carwash Facilities Project Applicant: City of Escondido Project Location- Specific: Citywide Project Location - City: Escondido Project Location - County: San Diego Description of Nature, Purpose and Beneflciarles of Project: An interim urgency measure, pursuant to Government Code 65858, imposing a moratorium on the issuance of any zoning, land use, discretionary permit, building permit, environmental approval, business license or any other entitlement involving businesses described as carwashes, whether intended as primary uses or accessory uses. The proposed moratorium would allow the Planning Division an opportunity to develop and present new land use standards regulating this particular land use. Name of Public Agency Approving Project: City of Escondido Name of Person or Agency Carrying Out Project: Name: Bill Martin, Community Development Director Telephone: (760) 539.4671 Address: City of Escondido Planning Division, 201 N. Broadway, Escondido, CA 92026 ❑ Private entity ❑ School district ❑ Local public agency ❑ State agency ❑ Other special district Exempt Status: Categorical Exemption. Because it can be seen with certainty that there is no possibility that the proposed action will have a significant effect on the environment (CERA Guidelines 14 CCR §§ 15061(b)(3)); and an urgency measure necessary to protect the City from a current and immediate threat to the public health, safety, and welfare. (Public Resources Code § 21060(b)(4). CEQA Guidelines 14 CCR § 15269.)- Reasons why project is exempt: 1. The unregulated allowance of carwashes is in direct contradiction to the City Council Action Plan priority of Fiscal Management and the strategy to: "Establish regulations that limit the proliferation of targeted non- residential land uses that do not serve the broader interest of enhancing city revenues.' Allowing the continued establishment of canvasheswiII result in the immediate loss of potential revenues to the City and the immediate loss of desirable commercial and industrial sites throughout the City. 2. Carwashes also generate undesirable conditions for adjacent properties. Airborne mist, odors from chemicals and vehicle exhaust, and noise from vacuums, pumps, pressurized sprayers, dryers, engines and car stereos are examples of common impacts generated by these uses. The impacts can be detrimental to the quality of life for adjacent residents and disruptive to adjacent businesses. Allowing the continued establishment of carwashes will result in the immediate potential for disruptions to the quality of life for adjacent residents and businesses. 75A-289 oMmanh 2010 u Exhibit "A' P.,20t Lead Agency Contact Person. Area CodelTelephonelExtension [76M 839.4671 $ignat Bill Martin, Community Development Director pate ® Signed by Lead Agency Date received for filing at 0PR ❑ Signed by Applicant 75A-290 LS 10.15.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DENYING APPEAL APPLICATION NO. 2019-03 AND UPHOLDING THE DETERMINATION OF THE PLANNING COMMISSION TO APPROVE CONDITIONAL USE PERMIT NO. 2019-30 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE, AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCED FRONT YARD AT 301 NORTH TUSTIN AVENUE, CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW THE 24 HOUR OPERATION OF A CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE AND ENVIRONMENTAL REVIEW NO. 2019-69 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 September 9, 2019, the Planning Commission held a public hearing as required by law on Conditional Use Permit (CUP) No. 2019-30 to allow a car wash at 301 North Tustin Avenue and amendment to Variance No. 2018-10 to a reduced front yard at 301 North Tustin Avenue and Conditional Use Permit No. 2019-31 to allow a convenience store to operate 24 hours a day at 325 North Tustin Avenue. After listening to public testimony and consideration of the facts, the Planning Commission approved CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019-31 and Environmental Review No. 2019-69 by a vote of 4:0 with one absence. B. On September 19, 2019, Kara Grant on behalf of William and Karina Conklin ("the Conklins"), submitted an appeal to the City requesting that the City Council reconsider the Planning Commission's decision and deny CUP No. 2019-30, amendment to Variance No. 2018-10, CUP No. 2019- 31, and Environmental Review No. 2019-69 based on four reasons: The Commission failed to satisfy the five required criteria for granting conditional use permits set forth in Santa Ana Municipal Code (SAMC) Section 41-638 and thus should not have granted Conditional Use Permit No. 2019-30. Resolution No. 2019-xx 75A-291 Page 1 of 8 II. The Commission failed to perform review of the Car Wash Project's environmental impacts under the California Environmental Quality Act (CEQA) because it erroneously determined that the Project was categorically exempt from CEQA review as an infill development project. III. Amendment to Variance No. 2018-10 should have been denied because it does not address "special circumstances" that deprive the subject property of privileges enjoyed by similar properties, and instead constitutes an impermissible grant of special privileges. (See SAMC Section 41-638(a)(2); Gov't Code 65906) IV. The notice distributed for the September 9, 2019 Planning Commission public hearing, 10 days before the hearing and only to properties within 500 feet of the project was not reasonably calculated to afford affected persons, like the Conklins, the realistic opportunity to protect their interests. The Conklins were not included on the City's list of individuals/properties to review notice of the hearing. C. On October 15, 2019, the City Council conducted a duly noticed de novo public hearing on Appeal Application No. 2019-03 and found that: I. The required findings for Conditional Use Permit No. 2019-30 were made in accordance with Santa Ana Municipal Code Section 41-638 (Planning Commission Resolution No. 2019-35) and are as follows: 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 car wash will continue to provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operations and provide vacuum stations for the customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. 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 car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 Resolution No. 2019-xx 75A-292 Page 2 of 8 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site, including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be set back 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building heights and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement Resolution No. 2019-xx 75A-293 Page 3 of 8 to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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 car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building designed with contemporary architecture and water efficient landscaping. II. The Planning Commission determined that the project was categorically exempt in accordance with the California Environmental Quality Act (Environmental Review No. 2019-69). 1. The project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, the project is within city limits and is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 2019 prepared by Linscott, Law and Greenspan, the Noise Study dated July 2019 prepared by LSA, and the Conceptual Water A Resolution No. 2019-xx 75A-294 Page 4 of 8 Quality Management Plan prepared for the project. The project can be served by all required utilities and public services. III. The required findings for amendment to Variance No. 2018-10 were made in accordance with Santa Ana Municipal Code Section 41-638 (Planning Commission Resolution No. 2019-36) and are as follows: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for the proposed use and the irregular shape of the lot. A 2-foot dedication of the property is required along Tustin Avenue, thereby reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the depth of the lot narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operation of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the Resolution No. 2019-xx 75A-295 Page 5 of 8 number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be detrimentally impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such as car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. IV. Notice of the September 9, 2019 Planning Commission public hearing was provided in accordance with the Government Code as well as Santa Ana Municipal Code Section 41-636 and Section 2-153(c) by advertising in the Orange County Reporter a newspaper of general circulation, by mailing to owners of property and residents within 500 feet of the project site and posting on the project site on August 30, 2019 10-days prior to the public hearing. Section 2. The City Council, after hearing, considering and weighing all evidence in the record presented on behalf of all parties and being fully informed of the application, the Planning Commission's decision, and the appeal, hereby finds and determines that the Planning Commission's decision was not made in error, that the Planning Commission's decision was not an abuse of discretion by the Planning Resolution No. 2019-xx 75A-296 Page 6 of 8 Commission and that the Planning Commission's decision was supported by substantial evidence in the record. Section 3. In accordance with the California Environmental Quality Act Environmental Review No. 2019-69, the City Council does hereby find and determine that the project is exempt pursuant to CEQA Guidelines Section 15332, Class 32 (In -fill Development Projects). This exemption is applicable to the project as the project is consistent with the General Plan and zoning designation and all applicable general plan policies, the project is within city limits and is less than five acres (1.46 acres) and is surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project would not result in any significant effects related to traffic, noise, air quality or water quality as indicated by the Traffic Study dated May 17, 2019 prepared by Linscott, Law and Greenspan, the Noise Study dated July 2019 prepared by LSA, and the Conceptual Water Quality Management Plan prepared for the project. The project site lies within the jurisdiction of the South Coast Air Quality Management District (SCAQMD). As such construction of the project shall comply with SCAQMD Rule 403, which identified measures to reduce fugitive dust and is required to be implemented at all construction sites located within the South Coast Air Basin. The project will not exceed construction or operational emission thresholds established by the SCAQMD. The project can be served by all required utilities and public services. Section 4. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 5. The City Council of the City of Santa Ana hereby denies Appeal Application No. 2019-03, thereby upholding the Planning Commission's approval of Resolution No. 2019-xx 75A-297 Page 7 of 8 Conditional Use Permit No. 2019-30, amendment to Variance No. 2018-10, Conditional Use Permit No. 2019-31 and Environmental Review No. 2019-69. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for City Council Action dated October 15, 2019, and exhibits attached thereto; the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2019. 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, DAISY GOMEZ, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the City Council of the City of Santa Ana on 2019. Date: Clerk of the Council Resolution No. 2019-xx 75A-298 Page 8 of 8 *A:I1:1hill LS 9.9.19 RESOLUTION NO. 2019-35 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-30 to allow a car wash in the General Commercial (C2) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5(b) requires approval of a conditional use permit for car wash facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-30. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2019-30 for a car wash have been established as required by SAMC Section 41-638: 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 car wash will provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operation and will provide vacuum stations for the customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. Resolution No. 2019-35 75A-299 Page 1 of 9 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 car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site - including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue, and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. Resolution No. 2019-35 Page 2 of 9 75A-300 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building height and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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 car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically. Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all Resolution No. 2019-35 75A-301 Page 3 of 9 required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-30, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-35 Page 4 of 9 75A-302 ADOPTED this day of ��y , 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) / Mar cLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-35 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on �� cl 12019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-35 75A-303 Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-30 Conditional Use Permit No. 2019-30 to allow a car wash is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: Whe Applicant must comply with each and every condition listed below Prior to exercising The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The installation and/or use of air/blower guns at the site is prohibited. 4. Hours of operation shall be from 7:00 a.m. to 8:00 p.m. 5. Vacuuming equipment shall not be available or functional during non -operating hours. 6. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 7. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 8. There shall be no overnight parking of vehicles on site. 9. Customer restrooms shall be locked during all non -operating hours. 10. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 11. Prior to Building & Safety Division plan check submittal, the Applicant shall submit a technical noise study prepared by a professional firm specializing in preparation of noise studies to the City for review by the Planning Division, Police Department, and Code Enforcement Division that demonstrates that the proposed design and Resolution No. 2019-35 Page 6 of 9 75A-304 equipment of the car wash will conform to City noise ordinances and will minimize noise impacts on adjacent properties. The Applicant shall, to the best of his or her abilities and at his or her sole cost, utilize the same noise specialists employed at the Applicant's other location(s) to prepare the noise readings and studies. Prior to issuance of a permanent certificate of occupancy, the Applicant shall hold a "soft opening" to test all noise -generating equipment onsite and make adjustments as necessary to bring the equipment into compliance with City noise ordinance standards, to the satisfaction of the Planning and Building Agency and Police Department. The Applicant shall submit an updated and revised noise study based on updated field measurements within one (1) month of commencement of operations, and again on the one-year anniversary of the commencement of operations, to ensure compliance with the City's noise ordinances. 12. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 13. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 14.Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; Resolution No. 2019-35 75A-305 Page 7 of 9 (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. Resolution No. 2019-35 Page 8 of 9 75A-306 III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: Prior to issuance of a building permit, submit a site plan that shows compliance with trash services including: a. Depict trash trucks turning radius on the all proposed internal corners b. 42 feet on a 90-degree turn radius c. Minimum 11 feet, 6 inches lane width for turn radius d. For roll out service the desired path of travel for the bin must be level with no "lips" or major elevation changes e. Minimum one time a week service adequate for all waste to be contained within the bins, adjustments to the number of yards required for service are at the discretion of the City and Waste Management f. The maximum number of pick-ups is 2 times per week. Resolution No. 2019-35 75A-307 Page 9 of 9 LS 9.9.19 RESOLUTION NO. 2019-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of an amendment to Variance No. 2018-10 as conditioned to allow a reduced front yard for a car wash at 301 North Tustin Avenue and to allow reduced front and street side yards for a service station and convenience store at 325 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a 15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 foot minimum front and street yards. The Applicant is proposing a front yard of 10 feet for a portion of the site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for an amendment to Variance No. 2018-10. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant the amendment to Variance No. 2018-10, for reduced yards, have been established as required by SAMC Section 41- 638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for Resolution No. 2019-36 75A-308 Page 1 of the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operations of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Resolution No. 2019-36 75A-309 Page 2 of 6 Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Resolution No. 2019-36 75A-310 Page 3 of 6 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves the amendment to Variance No. 2018-10 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this I day of SP_Lk-e,wLy-V '2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: None (0) ABSENT: Commissioners: Nguyen (1) ABSTENTIONS: Commissioners: None (0) Mark. Loughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-36 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 9, 2019. Date: q 0 1 cl aAWC jr U-"W" Recording Secretary City of Santa Ana 75A-311 Resolution No. 2019-36 Page 4 of 6 EXHIBIT A Conditions of Approval for Amendment to Variance No. 2018-10 Variance No. 2018-10 to allow for a reduced yard at 301 and 325 North Tustin Avenue is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. 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 site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 3. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit a reciprocal access and parking agreement shall be approved by the City Attorney & Planning Manager and recorded to the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2019-36 75A-312 Page 5 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-36 Page 6 of 6 75A-313 LS 9.9.19 RESOLUTION NO. 2019-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-31 to allow a retail convenience store located at 325 North Tustin Avenue to operate 24 hours a day. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) and 41-377.5 require approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at anytime between the hours of 12:00 a.m. and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit ("CUP") for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-31. E. The Planning Commission of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-31, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 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 convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which Resolution No. 2019-37 75A-314 Page 1 of 8 is consistent with other similar uses in the City. By offering extended hours of operation, the business will provide an added convenience and a one -stop shopping experience. The project will redevelop the site with a new convenience store and service station. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting. This will help activate and upgrade the street corner. 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 after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. There are no sensitive land uses immediately adjacent to the site. There is a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site: The Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. Conditions have been placed on the CUP in order to mitigate any negative impacts to the surrounding community. 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 present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow the convenience store to remain competitive with similar uses in the area which offer similar goods found in retail and convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2019-37 Page 2 of S 75A-315 The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 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 project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as service and retail establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located and will provide a service to those working and living in the area. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related Resolution No. 2019-37 75A-316 Page 3 of 8 to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-31, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 325 North Tustin Avenue. 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 September 9, 2019 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. Resolution No. 2019-37 Page 4 of 8 75A-317 ADOPTED this q day of S e&°n' 2019. AYES: Commissioners: Cano, Contreras -Leo, McLoughlin, Rivera (4) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By:II — Lisa Storck Assistant City Attorney None (0) Nguyen(l) None (0) M rl cLoughlin Chairperson CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-37 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on e4 I G T/I q 12019. Date: � I �1 � � sala'�L / "U— — Recording Secretary City of Santa Ana 75A-318 Resolution No. 2019-37 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-31 Conditional Use Permit No. 2019-31 to allow for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to Development Project Review (DP No. 2019-14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). Resolution No. 2019-37 75A-319 Page 6 of 8 b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-37 75A-320 Page 7 of 8 5. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 7. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 8. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed or other mitigation measures agreed upon with the Police Department. 9. Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the Police Department. 10. There shall be no coin -operated games maintained on the premises at any time. 11. No pay telephones shall be located on the premises. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 15. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 16. Sale of alcoholic beverages shall be prohibited. 17. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 18. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-37 75A-321 Page 8 of 8 *1TlNNIll IIC REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: SEPTEMBER 9, 2019 TITLE: PUBLIC HEARING — FILED BY RICHARD FINKEL FOR CONDITIONAL USE PERMIT NO. 2019-30 AND AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A CAR WASH AT 301 NORTH TUSTIN AVENUE AND CONDITIONAL USE PERMIT NO. 2019-31 TO ALLOW AFTER-HOURS OPERATIONS FOR THE CONVENIENCE STORE AT 325 NORTH TUSTIN AVENUE (STRATEGIC PLAN NO. 3,2) PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Prepared by Selena elaher, AICP St ExecutivN Dire c r Interim P anning M ager RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2019-30 as conditioned to allow a car wash. 2. Adopt a resolution approving an amendment to Variance No. 2018-10 as conditioned to reduce the required yards. 3. Adopt a resolution approving Conditional Use Permit No. 2019-31 as conditioned to allow for a retail market less than 20,000 square feet to operate between the hours of 12:00 midnight and 5:00 a.m. Executive Summary Richard Finkel, representing Russell Fischer LP, is requesting approval of a conditional use permit to allow an automated car wash and an amendment to a previously approved variance to reduce the required yards at 301 North Tustin Avenue and a conditional use permit to allow for retail convenience store to operate between 12:00 a.m. and 5:00 a.m. at 325 North Tustin Avenue. Staff is recommending approval of the entitlements as the project will provide additional services to residents, workers, and visitors in the area and will not negatively impact the surrounding community as the site is not immediately adjacent to sensitive land uses and the project has been designed to minimize impacts to nearby uses. 75A-322 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 2 Table 1: Project and Location Information Item Information Project Address 301 & 325 North Tustin Avenue Nearest Intersection North Tustin Avenue and East Fourth Street Surrounding Land Uses (Exhibit 4) North Commercial East Costa Mesa SR-55 Freeway/City of Tustin South Commercial - City of Tustin West Professional - Service Station General Plan Designation General Commercial GC Zoning Designation General Commercial C2 Property Size 39,775 SF (0.9 acres) - 301 N. Tustin Avenue 22,465 SF 0.5 acres - 325 N. Tustin Avenue Existing Site Development Vacant - 301 N. Tustin Avenue Gas Service Station & Car Wash - 325 N. Tustin Avenue Development Standards SAW Sections 41-368 through 41-374 Sections 41-379 through 41-386 Use Permissions/CUP/Variance SAMC Section 41-365.5(h) and Section 41-377.5(b) Project Description The applicant proposes to demolish the existing service station, car wash, and convenience store to construct a new service station with 3,040-square foot convenience store and new automated car wash on the two properties at the southeast corner of Tustin Avenue and Fourth Street. The property at 301 North Tustin Avenue is currently vacant and is the site for the proposed automated car wash. The 4,354-square foot car wash tunnel will be located adjacent to the southern property line which allows vehicles to enter or exit on Tustin Avenue or to enter or exit on Fourth Street with reciprocal access provided from the service station property to the north. The car wash will feature two pay points and has 189 feet of stacking which exceeds the standard of 120 feet of stacking (12 vehicles). The site will contain 20 vacuum bays for customers and three onsite employee parking spaces. The proposed hours of operation are from 7:00 a.m. to 7:00 p.m. during the winter months, and 7:00 a.m. to 8:00 p.m. during summer months (Daylight Saving months). The parcel immediately to the north (325 North Tustin Avenue) is also proposed for redevelopment. The applicant is proposing to demolish the existing service station, close a driveway on Fourth Street and redesign the site with a service station and larger convenience store. The service station will consist of a 2,843-square foot canopy with six pump islands (12 pumps total), a new 3,040- square foot convenience store and 13 parking spaces. In addition, a lot line adjustment will be processed administratively to increase the lot size, improve on -site circulation and to provide a 35- foot high freestanding sign for the service station adjacent to the SR-55 freeway along the east 75A-323 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 3 property line. The proposed convenience store hours of operation are 24-hours per day, which requires approval of a separate CUP. The architecture of the new buildings, service station canopy and freestanding sign has been designed to appear as a cohesive and integrated development which includes a contemporary design style with a smooth plaster, metal canopies, ceramic wood tile and green screens. There will be three driveways that provide access to the sites and reciprocal vehicular access and parking between the two properties. In addition, the Public Works Agency has determined that an 8-foot irrevocable offer of dedication along Fourth Street and a two -foot irrevocable offer of dedication along Tustin Avenue are required. Tables 2 and 3 provide a detailed comparison of the project's compliance with the applicable land use and development standards (Exhibit 5 & 6). Table 2: Land Use Standards General Commercial (C2) (SAMC Sec. 41-365, 41-365.5, 41-377 and 41-377.5) Proposed Land Use Permit Requirements Car wash Conditional Use Permit Service station and retail market Allowed by Right (convenience store) Retail market less than 20,000 SF with 24- Conditional Use Permit hour operations Table 3: Development Standards Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Front yard 15 feet minimum Does not comply; 10 Complies with Variance feet No. 2018-10; 5 feet, 6 inches Side yard (street) 15 feet minimum Not Applicable Complies; 15 feet Side yard (interior) 0 feet minimum Complies; 1 foot, 6 Complies; 5 foot inches landscape yard Rear yard 0 feet minimum Complies; 2 feet Complies; 5 foot landscape yard Lot Size & Frontage 15,000 sq. ft. and 120 feet Complies; 33,976 sq. ft. Complies; 28,096 sq. ft. (after lot line (after lot line adjustment) and 179 adjustment) and 300 feet feet Building height 35 feet maximum Complies; 29 feet Complies; 21 feet, 10 inches 75A-324 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 4 Standard Required by General 301 North Tustin 325 North Tustin Commercial C2 Zone Car Wash Site Service Station Site Off-street Parking 17 spaces Complies; 2 employee Complies; 19 spaces 2 spaces for automatic car spaces, 20 drying 13 spaces and washes spaces, and 1 6 pump spaces 5 spaces per 1,000 sq. ft. handicapped space retail 15 spaces 35 feet maximum height Freestanding sign 35 Wall signs (deferred Signage allowed within 300 feet of a feet Wall signs (deferred submittals) freeway exit submittals Stacking Distance 120 feet Complies; 189 feet Not Applicable (drive -through) Driveway Width 35 feet maximum Not Applicable Complies; 35 feet service station Project Background and Chronology In October of 2018, the Planning Commission approved Conditional Use Permit No. 2018-18 to allow an eating establishment with drive -through service at 301 North Tustin Avenue and Variance No. 2018-10 to allow reduced yards for the service station site at 325 North Tustin Avenue. Subsequently, in November and December of 2018, the City Council approved Mitigated Negative Declaration, Environmental Review No. 2016-156, General Plan Amendment No. 2018-05, and Amendment Application No. 2018-08 to change the land use and zoning designations of the properties to General Commercial. The approved project included a new 7,368-square-foot multi -tenant commercial building with drive -through window service and remodeling the gas station and convenience store. The property owner has revised the project to include a car wash component instead of a retail development. The current property owner has been in the car wash industry for over 30 years and operates six locations in Orange County. Project Analysis Conditional Use Permit for a Car Wash at 301 North Tustin Avenue The new automated car wash will replace the existing smaller automated car wash associated with the existing service station. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site. The car wash is designed and intended to generate the least amount of impact as possible. The stacking lane is set back from the adjacent streets to reduce any traffic impacts. In addition, the stacking lane exceeds the City's stacking requirements and will allow for approximately 15 cars to 75A-325 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 5 queue without disrupting drive aisles or parking spaces on -site. A traffic impact analysis was prepared to analyze the anticipated trip generated from the project and any impacts to the intersections of Tustin Avenue and Fourth Street, Tustin Avenue and First Street and the SR-55 ramps at Fourth Street and Fourth Street/Irvine Boulevard and the Tustin Avenue roadway segment between Fourth and First Streets. The analysis was reviewed by the Public Works Agency and concludes that the project or cumulative project conditions will not significantly impact any of the intersections studied (Exhibit 7). The car wash is also designed to minimize noise impacts. The tunnel is comprised of concrete block which serves as a noise dampener. The car wash blowers/dryers, the equipment that generates the most noise, are located 15 feet from the exit of the tunnel. The vacuum stations which will generate noise are located to the north of the car wash tunnel, in an effort to shield the commercial office use to the south from the noise. Additionally, conditions of approval have been added to require a noise impact analysis which demonstrates compliance with the City's noise ordinance prior to certificate of occupancy and one year after the commencement of operations, limit the hours of operation, to prohibit use of air guns, and prohibit the use of amplified speakers. The new car wash will bring an increase in sales tax revenue and promote economic development in the area which will contribute to the general well-being of the neighborhood and the community. The applicant's request for a conditional use permit to allow car wash will provide an added service to the property, for the employees who work in the vicinity and for the residents who live in the general area. Amended Variance for Reduced Yards at 301 North Tustin Avenue In October 2018, the Planning Commission approved Variance No. 2018-10 to allow for a reduced yards for the service station at 325 North Tustin Avenue. The strict application of the zoning code requires a 15-foot landscaped setback along Tustin Avenue. In addition, the Public Works Agency requires a 2-foot dedication along Tustin Avenue to allow for the streets and sidewalks to be constructed to the ultimate width. The applicant has designed the site to have landscaped yards, however, at the car wash tunnel exit the yard will be reduced to 10 feet after the street dedication to provide room for the vehicular turn movements. Therefore, Variance No. 2018-10 will be amended to also include 301 North Tustin Avenue. Special circumstances related to site's shape are applicable. For instance, the lot depth is constricted by the freeway which binds the site to the east. Due to the freeway right-of-way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create a functional site plan that meets all the development standards and does not create stacking on the adjacent streets. The location of the stacking lane and vehicular exit were selected with traffic safety as the priority as a result the site plan configurations for a car wash facility are limited. 75A-326 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 6 Conditional Use Permit for a Retail Market with 24-Hour Operations at 325 North Tustin Avenue The 3,040-square foot convenience store is proposed to operate 24-hours a day, seven days a week. The proposed operations are similar to other convenience stores such as 7-Eleven which have received after-hours conditional use permits. Pursuant to SAMC Section 41-365.5, retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a.m. and 5:00 a.m. require review and approval by the Planning Commission. The purpose of regulating after-hours operations it to preserve the surrounding community characteristics and minimize any negative secondary impacts. Alcohol sales are not proposed as part of the project. The project site is bounded by commercial uses to the north, south and west. The proposed after- hours operations will provide an ancillary service to the community and individuals seeking to have a morning coffee and/or snack en route to one of the City's major employment areas, especially for those who wake up early for work. In addition, this promotes a balance of land uses that assist in enhancing the City's economic and fiscal viability. Furthermore, the new convenience store and service station will help activate and enhance the area and will generate property and sales tax revenue for the City. Economic Development The retail market is expected to have eight employees and provide additional tax revenue due to the increase in floor area and 24-hour operations. The express car wash will have four employees and provide an increase in tax revenue as the subject site is currently vacant. Property tax revenue from both properties will increase due to the gas station site being redeveloped and the car wash occupying a vacant site, thus the total net value of the property will increase after the building and improvements for the project are made. The construction of the project will require that permit fees are paid to the City and there will be temporary construction jobs. Table 4: CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type Exempt pursuant to CEQA Guidelines Section 15332, Class 32, In -fill Development Projects Document Type Notice of Exemption, Environmental Review No. 2019-69 The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site Reason(s) was previously developed with commercial uses and has no habitat for Exempt Analysis endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. 75A-327 CUP No. 2019-30 & VAR No. 2018-01 CUP No. 2019-31 September 9, 2019 Page 7 Strategic Plan Alignment, and Public Notification & Community Outreach Goal(s), Policy or 3, 2 (create new opportunities for business/job growth and encourage private Policies development through new General Plan and Zoning Ordinance policies). Public Notification & Community Outreach Site posting A public notice was posted on the project site on August 30, 2019. Notification by mail was mailed to all property owners and Public Hearing Notification by mail occupants within 500 feet of the project site on August 30, 2019. Newspaper posting Newspaper posting was published in the Orange County Reporter on August 30, 2019. Additional Staff received one phone call from a resident voicing opposition to the proposed Measures car wash. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2019-30 as conditioned, amendment to Variance No. 2018-01 as conditioned and Conditional Use Permit No. 2019-31 as conditioned. V Selena Kelaher, AICP Associate Planner SK:sb S:\PlanningCommission\2019X9-9-19\301N. Tustin Ave -Car Wash CUP\301 325 N. Tustin Ave SR_9.9.19PC.doc Exhibits: 1. Conditional Use Permit Resolution (Car wash) 2. Variance Resolution ( 3. Conditional Use Permit Resolution (After-hours) 4. Vicinity Zoning & Aerial View 5. Site Plan 6. Elevations 7. Renderings 8. Traffic Impact Analysis 75A-328 This page left blank intentionally. 75A-329 EXHIBIT 1 75A-330 This page left blank intentionally. 75A-331 [.`S-410114: I:7: & t.lto] IEel 01►[.lW.Z1SLOaIT7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-30 AS CONDITIONED TO ALLOW A CAR WASH AT THE PROPERTY LOCATED AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant"), is requesting approval of Conditional Use Permit No. 2019-30 to allow a car wash in the General Commercial (C2) zoning district at 301 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Section 41-377.5(b) requires approval of a conditional use permit for car wash facilities. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-30. E. The Planning Commission of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Conditional Use Permit No. 2019-30 for a car wash have been established as required by SAMC Section 41-638: That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The car wash will provide a service to persons that are working or residing in the area. The car wash will replace the existing automated car wash at 325 North Tustin Avenue. The new facility will be bigger than the existing operation and will provide vacuum stations for the customers' use. The site will be redeveloped with a new building with a contemporary design with smooth plaster finishes, metal canopies, ceramic tile, and landscaping contributing to the aesthetics of the area. Resolution No. 2019-xx 7 Page 1 of 9 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 car wash will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. The site plan was designed to meet the City's stacking requirements and provides for queuing of approximately 15 vehicles. In addition, the stacking lane was placed at the rear of the site to reduce the chance for overflow vehicular queuing onto any public streets. There are no immediately adjacent nearby residential land uses. The uses immediately adjacent to the site include a service station to the north, a medical office building to the south (within the City of Tustin) and the Costa Mesa Freeway to the east. The closest nearby residential uses are over 500 feet from the project site - including the Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue, and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. The blowers/dryers will be setback 15 feet within the car wash tunnel and the vacuums have been placed north of the car wash tunnel to buffer noise from the office building to the south. A traffic impact analysis was completed by Linscott Law & Greenspan and reviewed by the Public Works Agency and found that the project or cumulative project conditions will not significantly impact any of the nearby street intersections. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The car wash will not adversely affect the economic stability or future economic development of properties in the surrounding area. The property is within the General Commercial (C2) zoning district. Additionally, since 1973, a car wash has been in operation at 325 North Tustin Avenue which is immediately adjacent to the car wash site and interrelated to the subject site as the sites would be redeveloped concurrently. The automated car wash will replace the existing car wash and the site will be redeveloped with a new building with a contemporary design and water efficient landscaping. The car wash will provide an additional service to the community and will provide a commercial business that will generate sales tax revenue for the City. Resolution No. 2019-xx 75A-333 Page 2 of 9 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed use complies with the regulations and conditions in Chapter 41 including building height and parking. A condition of approval has been added to the conditional use permit for a property maintenance agreement to be recorded against the property which will ensure that the property and all improvements are properly maintained. 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 car wash will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use area which allows for commercial uses such as car wash facilities. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs, specifically. Land Use Element Goal 2 to promote land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Specifically, Policy 1.5 to enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all Resolution No. 2019-xx 75A-334 Page 3 of 9 required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-30, as conditioned in Exhibit A, attached hereto and incorporated herein for the project located at 301 North Tustin Avenue. 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 September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 12019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2019-xx 75A-335 Page 4 of 9 Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on 12019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx 75A-336 Page 5 of 9 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-30 Conditional Use Permit No. 2019-30 to allow a car wash is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2019- 14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The installation and/or use of air/blower guns at the site is prohibited. 4. Hours of operation shall be from 7:00 a.m. to 8:00 p.m. 5. Vacuuming equipment shall not be available or functional during non -operating hours. 6. Onsite employees shall be responsible for the removal of all litter and trash from the site each day. 7. Inoperable or malfunctioning equipment shall be repaired or replaced in a timely manner. 8. There shall be no overnight parking of vehicles on site. 9. Customer restrooms shall be locked during all non -operating hours. 10. There shall be no outdoor speakers or any other sound amplifying devices installed on the site. 11. Prior to Building & Safety Division plan check submittal, the Applicant shall submit a technical noise study prepared by a professional firm specializing in preparation of noise studies to the City for review by the Planning Division, Police Department, and Code Enforcement Division that demonstrates that the proposed design and Resolution No. 2019-xx 75A-337 Page 6 of 9 equipment of the car wash will conform to City noise ordinances and will minimize noise impacts on adjacent properties. The Applicant shall, to the best of his or her abilities and at his or her sole cost, utilize the same noise specialists employed at the Applicant's other location(s) to prepare the noise readings and studies. Prior to issuance of a permanent certificate of occupancy, the Applicant shall hold a "soft opening" to test all noise -generating equipment onsite and make adjustments as necessary to bring the equipment into compliance with City noise ordinance standards, to the satisfaction of the Planning and Building Agency and Police Department. The Applicant shall submit an updated and revised noise study based on updated field measurements within one (1) month of commencement of operations, and again on the one-year anniversary of the commencement of operations, to ensure compliance with the City's noise ordinances. 12. Prior to the issuance of a building permit, a landscape and irrigation plan is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 13. Prior to the issuance of a building permit, a reciprocal access and parking agreement shall be approved as to form by the City Attorney & Planning Manager and recorded against the property. 14. Prior to the issuance of a certificate of occupancy, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; Resolution No. 2019-xx 75A-338 Page 7 of 9 (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. II. The following are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit: 1. Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. Resolution No. 2019-xx 75A-339 Page 8 of 9 III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. Prior to issuance of a building permit, submit a site plan that shows compliance with trash services including: a. Depict trash trucks turning radius on the all proposed internal corners b. 42 feet on a 90-degree turn radius c. Minimum 11 feet, 6 inches lane width for turn radius d. For roll out service the desired path of travel for the bin must be level with no "lips" or major elevation changes e. Minimum one time a week service adequate for all waste to be contained within the bins, adjustments to the number of yards required for service are at the discretion of the City and Waste Management f. The maximum number of pick-ups is 2 times per week. Resolution No. 2019-xx 75A-340 Page 9 of 9 This page left blank intentionally. 75A-341 EXHIBIT 2 75A-342 This page left blank intentionally. 75A-343 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING AN AMENDMENT TO VARIANCE NO. 2018-10 TO ALLOW A REDUCTION IN REQUIRED YARDS FOR A SERVICE STATION AT 325 NORTH TUSTIN AVENUE AND FOR A CAR WASH AT 301 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of an amendment to Variance No. 2018-10 as conditioned to allow a reduced front yard for a car wash at 301 North Tustin Avenue and to allow reduced front and street side yards for a service station and convenience store at 325 North Tustin Avenue. B. Santa Ana Municipal Code (SAMC) Sections 41-368 and 41-380 require a 15 foot minimum front yard and Sections 41-369 and 41-381 require a 15 foot minimum front and street yards. The Applicant is proposing a front yard of 10 feet for a portion of the site. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the variance for this project as set forth by the Santa Ana Municipal Code. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for an amendment to Variance No. 2018-10. E. The Planning Commission of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant the amendment to Variance No. 2018-10, for reduced yards, have been established as required by SAMC Section 41- 638: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. There are special circumstances related to the property as street dedications are required, site plan considerations for iacu=3rsK Resolution No. 2019-xx 75A-344 Page 1 of the proposed use and the irregular shape of the lot. A 2-foot dedication is required along Tustin Avenue, therefore reducing the size of the property and reducing the landscaped setback to 10 feet for a portion of the street frontage. The lot is constricted by the Costa Mesa Freeway which binds the site to the east. Due to the freeway right-of- way the lot depth narrows from the north to the south as the freeway continues. In addition, complexities of car wash stacking and circulation patterns make it difficult to create functional site plan that meets all the development standards and does not create stacking on the adjacent streets. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. Granting this variance is necessary for the preservation and enjoyment of substantial property rights. The interrelated property at 301 North Tustin Avenue is currently developed with a car wash, service station and convenience store with minimal landscaping. The proposed integrated development will have more landscaping than what is currently on site and will allow for continued operations of a car wash. Amending the variance to allow for a portion of the lot to have a reduced landscape setback would allow the property owner to redevelop with a car wash and provide for adequate stacking and vehicular turn movements. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. Granting this variance will not be detrimental to the public or surrounding properties. The proposed project will reduce the number of driveways to the site. In addition, the building has been designed to incorporate high quality materials, enhanced landscaping and will continue to provide a service to the nearby community and public. The surrounding uses are commercial and professional uses and will not be impacted by the reduced yards. 4. That the granting of a variance will not adversely affect the General Plan of the city. The variance for reduced yards will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use which allows for commercial uses such car wash facilities and service stations. The project is consistent with several goals and policies of the General Plan, including the Land Use Element and Urban Design Element. Land Use Element Goal 1 to promote a balance of land uses to address basic community needs. Specifically, Land Use Resolution No. 2019-xx 75A-345 Page 2 of 6 Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Furthermore, the project is consistent with Policy 2.8, to promote rehabilitation of commercial properties, and encourage increased levels of capital investment. The car wash will redevelop the site with a new commercial business that will provide a service to those working and living in the City. Urban Design Goal 1 aims to improve the physical appearance of the City through development of districts that project a sense of place, positive community image and quality environmental. Policy 1.5 promotes projects that enhance architectural forms, textures, colors, and materials are expected in the design of all projects. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. Resolution No. 2019-xx 75A-346 Page 3 of 6 City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves the amendment to Variance No. 2018-10 as conditioned in Exhibit A, attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated September 9, 2019, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 12019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney C�l�:irl�N7_�r�ily_��r��r_�r[�7►I_1►1�Z�7:7[ell►/_1��rt'1 I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on September 9, 2019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx 75A-347 Page 4 of 6 EXHIBIT A Conditions of Approval for Amendment to Variance No. 2018-10 Variance No. 2018-10 to allow for a reduced yard at 301 and 325 North Tustin Avenue is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this variance. I. 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 site improvements must conform to the Site Plan Review (DP No. 2016- 45) and the staff report exhibits. 3. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 4. Prior to the issuance of a building permit a reciprocal access and parking agreement shall be approved by the City Attorney & Planning Manager and recorded to the property. 5. Prior to the issuance of a building permit, a landscape and irrigation plan shall be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 6. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The Maintenance Agreement shall contain covenants, conditions and restrictions relating to the following: Resolution No. 2019-xx 75A-348 Page 5 of 6 (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses, (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereof), both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. (f) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement. (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-xx 75A-349 Page 6 of 6 EXHIBIT 3 75A-350 This page left blank intentionally. 75A-351 LS 9.9.19 RESOLUTION NO. 2019-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2019-31 AS CONDITIONED TO ALLOW 24-HOUR OPERATIONS OF A RETAIL STORE LOCATED AT 325 NORTH TUSTIN AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Richard Finkel, representing Russell Fischer LP ("Applicant'), is requesting approval of Conditional Use Permit No. 2019-31 to allow a retail convenience store located at 325 North Tustin Avenue to operate 24 hours a day. B. Santa Ana Municipal Code ("SAMC") Section 41-365.5(h) and 41-377.5 require approval of a conditional use permit for retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 a.m. and 5:00 a.m. C. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the conditional use permit ("CUP") for this project. D. On September 9, 2019, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2019-31. E. The Planning Commission of the City of Santa Ana considered the information and determines that the following findings, which must be established in order to grant Conditional Use Permit No. 2019-31, to allow extended hours of operation, have been established as required by SAMC Section 41-638: 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 convenience store will provide an additional amenity to individuals wishing to have an early coffee and/or meal. This will thereby benefit the community by providing a convenience store offering service past 12:00 midnight, which Resolution No. 2019-xx 75A-352BIT 3 Page 1 of 8 is consistent with other similar uses in the City. By offering extended hours of operation, the business will provide an added convenience and a one -stop shopping experience. The project will redevelop the site with a new convenience store and service station. Site improvements include enhanced landscaping, pedestrian access pathways and exterior lighting. This will help activate and upgrade the street corner. 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 after-hours operations will not be detrimental to the health, safety or welfare of those residing or working in the vicinity. There are no sensitive land uses immediately adjacent to the site. There is a service station to the north, a medical office building to the south (within the City of Tustin) and the SR-55 freeway to the east. The closest nearby residential uses are over 500 feet from the project site: The Village Apartments (to the north and across Fourth Street) at 521 North Tustin Avenue and The Orchard (to the southwest and across Tustin Avenue) at 2151 East First Street. Conditions have been placed on the CUP in order to mitigate any negative impacts to the surrounding community. 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 present economic stability or future economic development of properties surrounding the area. The approval of this application supports Policy 4.5 of the Economic Development Element of the General Plan. This policy encourages making land use decisions based not on purely fiscal considerations and stresses the importance of the qualitative implications that are associated with new uses. The approval of a 24-hour operation for the convenience store at this location will positively influence the present and future economic stability of the property and will diversify the products and services offered within the general area. Further, this will allow the convenience store to remain competitive with similar uses in the area which offer similar goods found in retail and convenience stores. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. Resolution No. 2019-xx 75A-353 Page 2 of 8 The proposed after-hours conditional use permit will be in compliance with all applicable regulations of Chapter 41 of the SAMC regarding establishments that operate on a 24-hour basis. Conditions of approval have been added to ensure the project remains in compliance with all applicable codes and regulations related to 24-hour operations and to mitigate any potential impacts to the general vicinity. 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 project will not adversely affect the General Plan. The project is located in a General Commercial (GC) General Plan land use designation which allows for commercial uses such as service and retail establishments. The project is consistent with several goals and policies of the General Plan, including the Economic Development Element, Land Use Element, and Urban Design Element. Land Use Element Goal 1 promotes a balance of land uses to address basic community needs. Land Use Element Goal 2 promotes land uses that enhance the City's economic and fiscal viability. Policy 2.8 promotes rehabilitation of commercial properties, and encourages increased levels of capital investment. The convenience store will contribute to the viability of the commercial corridor in which it is located and will provide a service to those working and living in the area. Policy 2.9 supports developments that create a business environment that is safe and attractive. The property maintenance condition of approval will maintain a safe and attractive environment in the community. Economic Development Element Goal 2 maintains and enhances the diversity of the City's economic base. Policy 2.3 encourages the development of mutually beneficial and supportive business clusters within the community. Urban Design Element Goal 1 improves the physical appearance of the City through the development of districts that project a sense of place, positive community image and quality environment. The vacant lot will be redeveloped with a new building with contemporary architecture and water efficient landscaping. Section 2. In accordance with the California Environmental Quality Act, the project is exempt from further review per Section 15332 of the Guidelines for the California Environmental Quality Act. The Class 32 exemption applies to in -fill development. The project is consistent with the General Plan and zoning designation. The combined development site is 1.46 acres and surrounded by urban uses. The site was previously developed with commercial uses and has no habitat for endangered, rare or threatened species. The project will not result in any significant impacts related Resolution No. 2019-xx 75A-354 Page 3 of 8 to traffic, noise, air quality or water quality according to the traffic impact analysis and with implementation of water quality requirements. The project can be served by all required utilities and public services. As a result, Categorical Exemption, Environmental Review No. 2019-69 will be filed for this project. Section 3. The Applicant shall indemnify, protect, defend and hold the City and/or any of its officials, officers, employees, agents, departments, agencies, authorized volunteers, and instrumentalities thereof, harmless from any and all claims, demands, lawsuits, writs of mandamus, and other and proceedings (whether legal, equitable, declaratory, administrative or adjudicatory in nature), and alternative dispute resolution procedures (including, but not limited to arbitrations, mediations, and such other procedures), judgments, orders, and decisions (collectively "Actions"), brought against the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul, any action of, or any permit or approval issued by the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City) for or concerning the Project, whether such Actions are brought under the Ralph M. Brown Act, California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state or local constitution, statute, law, ordinance, charter, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense, and that Applicant shall reimburse the City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the Applicant of any Action brought and City shall cooperate with Applicant in the defense of the Action. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2019-31, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 325 North Tustin Avenue. 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 September 9, 2019 and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of 12019. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2019-xx 75A-355 Page 4 of 8 Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2019-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on 12019. Date: Recording Secretary City of Santa Ana Resolution No. 2019-xx 75A-356 Page 5 of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2019-31 Conditional Use Permit No. 2019-31 to allow for after-hours operations is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, the Applicant shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below prior to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. All proposed site improvements must conform to Development Project Review (DP No. 2019-14) and the staff report exhibits. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the conditional use permit must be amended. 3. Prior to the issuance of a building permit, a full landscape and irrigation plan is to be submitted for review and approval by the Planning Manager. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines, and the City's Water Efficient Landscape Ordinance. All utilities shall be properly screened. 4. Prior to the issuance of a building permit, a Property Maintenance Agreement must be recorded against the property. The agreement will be subject to review and applicability by the Planning and Building Agency, the Community Development Agency, the Public Works Agency, and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Applicant (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the Applicant) shall execute a maintenance agreement with the City of Santa Ana which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The maintenance agreement shall contain covenants, conditions and restrictions relating to the following: a. Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.). Resolution No. 2019-xx 75A-357 Page 6 of 8 b. Compliance with ongoing operational conditions, requirements and restrictions, as applicable (including but not limited to hours of operation, security requirements, the proper storage and disposal of trash and debris, enforcement of the parking management plan, and/or restrictions on certain uses. C. Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable. d. Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable). e. If Applicant and the owner of the property are different (e.g., if the Applicant is a tenant or licensee of the property or any portion thereof), both the Applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms. f. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties, obligations and responsibilities set forth under the maintenance agreement. g. The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City. h. The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of final approval for any construction permit related to this entitlement. Resolution No. 2019-xx 75A-358 Page 7 of 8 5. The Applicant shall be responsible for maintaining the premises free of graffiti. All graffiti shall be removed within 24 hours of occurrence. 6. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 7. Window displays and racks must be kept at a maximum height of three (3) feet including merchandise and cannot obstruct the cashier's view to the outside. 8. A timed -access cash controller or a money drop safe capable of easily providing the cashier the ability to quickly deposit money into it must be installed or other mitigation measures agreed upon with the Police Department. 9. Installation of a silent armed robbery alarm or other mitigation measures agreed upon with the Police Department. 10. There shall be no coin -operated games maintained on the premises at any time. 11. No pay telephones shall be located on the premises. 12. "No Loitering/Trespass" signs/placards shall be posted in the parking lot area. The posted signs must conform to Penal Code Section 602. 13. Provide a Closed Circuit Television System approved by the Police Department and capable of viewing and recording events inside the premises with a resolution which will clearly identify individuals for later identification. 14. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one -inch wide by three -inches long, in different colors, and in a contrasting color to the background, shall be placed every six inches beginning at five feet and ending at six feet six inches. 15. A copy of the conditions of approval shall be kept on premises and presented to any authorized City official upon request. 16. Sale of alcoholic beverages shall be prohibited. 17. The outdoor storage of boxes, equipment, materials, merchandise, and other similar items shall be prohibited. 18. The Applicant shall contact the Planning Division to arrange a Planning Final Inspection of the site prior to final building inspection. Resolution No. 2019-xx 75A-359 Page 8 of 8 EXHIBIT 4 75A-360 This page left blank intentionally. 75A-361 Car Wash & Retail Store CUP No. 2019-30, CUP No. 2019-31 and VAR No. 2018-10 301 and 325 North Tustin Avenue 18 Aerial Ana Boundary 55 Zon &.d-famnv Redd-,. T--f.may Re d.— Sub dsnApanmmt Multiple-famity Maid— .—d.ry .l Enna Lumme¢ial R-i&.Jad soedK Plan S'—c D-O.pmem Planned Shopping Center Smutb Mam Stree[ Cmn marcul oisnia community Cummeaiatmuseum oia4. C.. m u niry lemma—' Arterial fommertul General Commercial GgM induatnal He., lnduatml prohssn-I G—anen center Olean Spare General Agnculu—I 250 feet A"I N 4 - Vicinity Zoning and Aerial View 75A-362 Cc 2019 Diaital Mao Products. All rights reserved. This page left blank intentionally. 75A-363 EXHIBIT 5 75A-364 This page left blank intentionally. 75A-365 = �s e axn ewcv: -. P tt Li 0 5 rya M J JI W - zz r I ` ❑ x 0 � � I LA 033m®® EXHIBIT 5 - SITE PLAN Car Wash & Retail Store CUP NO.2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 3'25 — Ty,tjP Avenue This page left blank intentionally. 75A-367 EXHIBIT 6 75A-368 This page left blank intentionally. 75A-369 j EXHIBIT 6 — FLOOR PLAN & ELEVATIONS Car Wash & Retail Store CUP NO.2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 3'25 — Tu'stj� Avenue EXHIBIT 6 —FLOOR PLAN & ELEVATIONS Car Wash & Retail Store CUP NO.2019-30, CUP NO. 2019-31, VAR NO. 2018-10 301 and 37 25Nprth Tustin Avenue 11:1hiA 75A-372 This page left blank intentionally. 75A-373 ooc-al—..,-- - - -- - —1 -- t �!' , . � 7!11. Amlwo- I - L-.— -WIR - wk Al a of Lim Aw This page left blank intentionally. 75A-375 EXHIBIT 8 75A-376 This page left blank intentionally. 75A-377 REVISED FOCUSED TRAFFIC IMPACT ANALYSIS REPORT TUSTIN AVENUE RETAIL Santa Ana, California May 17, 2019 (Update of the March 13, 2018 Report) Prepared for. RUSSELL FISCHER PARTNERSHIP 16061 Beach Boulevard Huntington Beach, 92647 LLG Ref.2-17-3881-1 No. 1802 m 6/30/19 / Prepared by: Under the Supervision of. Angela Besa Keil Maberry, P.E. Transportation Engineer I Principal 1 , :1_�'C�i11% :►: LmPMr, Law 8 Greangmm Engineers 2 Executive Cirde swrte m Irvine, CA 92614 919.1 M6175 r W8l5617J F w Ilgenginee+SCem TABLE OF CONTENTS SECTION PAGE 1.0 Introduction .............. 1.1 Scope of Work... 1.2 Study Area ......... 2.0 Project Description.. 2.1 Site Access......... 2 ................................................................................................................ 3 ................................................................................................................ 3 3.0 Existing Conditions.......................................................................................................... 3.1 Existing Street System............................................................................................... 3.1.1 Public Transit................................................................................................... 3.2 Existing Traffic Volumes........................................................................................... 3.3 Intersection Analysis Methodologies......................................................................... 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis .......................... 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections).............................................................................................................. 3.3.3 Level of Service Criteria.................................................................................. 3.4 Existing Level of Service Results.............................................................................. 4.0 Traffic Forecasting Methodology ....................... 5.0 Project Traffic Characteristics ........................... 5.1 Project Traffic Generation ............................. 5.2 Project Trip Distribution and Assignment..... 5.3 Existing Plus Project Traffic Conditions ....... 6.0 Future Traffic Conditions ................................... 6.1 Ambient Traffic Growth ................................ 6.2 Cumulative Projects Traffic Characteristics.. 6.2.1 Year 2019 Traffic Volumes ................. 7.0 Traffic Impact Analysis Methodology ....................................... 7.1 Impact Criteria and Thresholds .............................................. 7.2 Traffic Impact Analysis Scenarios ......................................... 8.0 Peak Hour Intersection Capacity Analysis ................................ 8.1 Existing Plus Project Analysis ............................................... 8.1.1 Existing Plus Project Traffic Conditions ..................... 8.2 Year 2019 Traffic Conditions ................................................ 8.2.1 Year 2019 Cumulative Traffic Conditions .................. 8.2.2 Year 2019 Cumulative Plus Project Conditions .......... 5 5 5 6 6 6 ...... 23 ...... 23 ...... 23 ...... 25 ...... 25 ...... 25 75A-379 TABLE OF CONTENTS (CONTINUED) SECTION PAGE 9.0 Site Access and Internal Circulation Evaluation................................................................... 27 9.1 Site Access.......................................................................................................................... 27 9.2 Internal Circulation Evaluation........................................................................................... 27 10.0 Recommended Intersection Improvements............................................................................ 29 10.1 Existing Plus Project Traffic Conditions............................................................................ 29 10.2 Year 2019 Plus Project Traffic Conditions......................................................................... 29 11.0 Congestion Management Program (CMP) Compliance Assessment..... 12.0 State Of California (Caltrans) Methodology................................................................. 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections). 12.2 Existing Plus Project Traffic Conditions — Caltrans Methodology ........................... 12.2.1 Existing Traffic Conditions........................................................................ 12.2.2 Existing Plus Project Traffic Conditions ................................................... 12.3 Year 2019 Traffic Conditions — Caltrans Methodology ............................................ 12.3.1 Year 2019 Cumulative Traffic Conditions ................................................ 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions ............................ 12.4 Recommended Improvements — Caltrans Methodology ............................................ 12.4.1 Existing Plus Project Traffic Conditions ................................................... 12.4.2 Year 2019 Plus Project Traffic Conditions ................................................ 13.0 Roadway Segment Evaluation ............................. 13.1 Roadway Link Capacities ............................... 13.2 Roadway Link Level of Service Criteria........ 13.3 Roadway Link Analysis Results ..................... 13.3.1 Existing Plus Project Analysis........ 13.3.2 Year 2019 Plus Project Analysis..... 14.0 Summary Of Findings And Conclusions.. ...... 30 ...... 38 ...... 38 ...... 38 ...... 40 ...... 40 ...... 42 ...... 44 75A-380 APPENDICES APPENDIX A. Traffic Study Scope of Work B. Existing Traffic Count Data C. Intersection Level of Service Calculation Worksheets D. Project Driveway Level of Service Calculation Worksheets E. Intersection Level of Service Calculation Worksheets — Caltrans 75A-381 LIST OF FIGURES SECTION —FIGURE # FOLLOWING PAGE 1-1 Vicinity Map.....................................................................................................................2 2-1 Existing Aerial Site Photograph.......................................................................................3 2-2 Proposed Site Plan ............................................................................................................3 3-1 Existing Roadway Conditions and Intersection Controls..............................................5 3-2 Existing AM Peak Hour Traffic Volumes......................................................................6 3-3 Existing PM Peak Hour and Daily Traffic Volumes......................................................6 5-1 Project Trip Distribution Pattern — Gas Station............................................................15 5-2 Project Trip Distribution Pattern — Commercial...........................................................15 5-3 AM Peak Hour Project Traffic Volumes.......................................................................15 5-4 PM Peak Hour and Daily Project Traffic Volumes......................................................15 5-5 Existing Plus Project AM Peak Hour Traffic Volumes...............................................15 5-6 Existing Plus Project PM Peak Hour and Daily Traffic Volumes...............................15 6-1 Location of Cumulative Projects....................................................................................17 6-2 AM Peak Hour Cumulative Projects Traffic Volumes..................................................17 6-3 PM Peak Hour and Daily Cumulative Projects Traffic Volumes..................................17 6-4 Year 2019 AM Peak Hour Cumulative Traffic Volumes............................................17 6-5 Year 2019 PM Peak Hour and Daily Cumulative Traffic Volumes ............................17 6-6 Year 2019 AM Peak Hour Cumulative Plus Project Traffic Volumes .......................17 6-7 Year 2019 PM Peak Hour and Daily Cumulative Plus Project Traffic Volumes .......17 75A-382 LIST OF TABLES SECTION —TABLE # PAGE 2-1 Project Development Summary......................................................................................4 3-1 Level of Service Criteria For Signalized Intersections..................................................9 3-2 Level of Service Criteria For Unsignalized Intersections...........................................10 3-3 Existing Peak Hour Intersection Capacity Analysis.......................................................12 5-1 Project Traffic Generation Rates and Forecast...............................................................16 6-1 Location and Description of Cumulative projects .................................................... 18-19 6-2 Cumulative Projects Traffic Generation Forecast..........................................................20 8-1 Existing Plus Project Peak Hour Intersection Capacity Analysis..................................24 8-2 Year 2019 Peak Hour Intersection Capacity Analysis...................................................26 9-1 Project Driveway Peak Hour Intersection Capacity Analysis.......................................28 12-1 Level of Service Criteria for Signalized Intersections (HCM 6 Methodology).............32 12-2 Existing Plus Project Peak Hour Intersection Capacity Analysis — Caltrans.................35 12-3 Year 2019 Peak Hour Intersection Capacity Analysis — Caltrans..................................36 13-1 Roadway Link Capacities...............................................................................................39 13-2 Existing Plus Project Roadway Segment Level of Service Summary ...........................41 13-3 Year 2019 Cumulative Plus Project Roadway Segment Level of Service Summary .... 43 75A-383 REVISED FOCUSED TRAFFIC IMPACT ANALYSIS REPORT TUSTIN AVENUE RETAIL Santa Ana, California May 17, 2019 (Update of the March 13, 2018 Report) 1.0 INTRODUCTION This Focused Traffic Impact Analysis report addresses the potential traffic impacts and circulation needs associated with Tustin Avenue Retail Project (hereinafter referred to as Project) in the City of Santa Ana and has been prepared in response to the City of Santa Ana's Development Review Committee comment from the Public Works Agency. The Project will include the development of an express car wash and a gas station with convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5-foot express car wash tunnel to replace a 4,200 square -feet (SF) sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. 1.1 Scope of Work This traffic report documents the findings and recommendations of a traffic impact analysis conducted by Linscott, Law & Greenspan, Engineers (LLG) to determine the potential impacts associated with the proposed Project. The traffic analysis evaluates the existing operating conditions at four (4) key study intersections one (1) key roadway segment within the project vicinity, estimates the trip generation potential of the proposed Project, and forecasts future near -term (Year 2019) operating conditions without and with the proposed Project. Where necessary, intersection improvements/mitigation measures are identified. This traffic report satisfies the traffic impact requirements of the City of Santa Ana and is consistent with the current Congestion Management Program (CMP) for Orange County. It should be noted that the Scope of Work for this traffic study was previously included in Appendix A and was developed in conjunction with City of Santa Ana Public Works Department staff and approved for the previous study. The project site has been visited and an inventory of adjacent area roadways and intersections was performed. Existing weekday peak hour traffic count information has been collected at four (4) key study intersections and one (1) key roadway segment for use in the preparation of intersection level of service calculations. Information concerning cumulative projects (planned and/or approved) in the vicinity of the proposed Project has been researched at the City of Santa Ana and City of Tustin. Based on our research, there are sixteen (16) cumulative projects located in the City of Santa Ana and eight (8) cumulative projects located in the City of Tustin. The twenty-four (24) cumulative projects were considered in the cumulative traffic analysis for this project. 75A-384 This traffic report analyzes existing and future weekday daily, AM peak hour and PM peak hour traffic conditions for a near -term (Year 2019) traffic setting upon completion of the proposed Project. Near -term (Year 2019) cumulative daily and peak hour traffic forecasts were projected by incorporating a one percent (1.0%) annual growth rate and the trip generation potential of twenty- four (24) cumulative projects. 1.2 Study Area Four (4) key study intersections and one (1) key roadway segment have been identified for evaluation. Of the four (4) identified intersections, two (2) are located within the City of Santa Ana and two (2) are located in the City of Tustin. The one (1) roadway segment is located within the City of Santa Ana The four (4) intersections/one (1) roadway segment listed below provide regional and local access to the study area and define the extent of the boundaries for this traffic impact investigation. Key Study Intersections 1. Tustin Avenue at Fourth Sheet (Santa Ana) 2. Tustin Avenue at First Sheet (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. SR-55 NB Ramps at Fourth Street/Irvme Boulevard (Tustin/Caltrans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) Figure 1-1 presents a Vicinity Map, which illustrates the general location of the Project and depicts the study locations and surrounding street system. The Level of Service (LOS) investigations at these key locations were used to evaluate the potential traffic -related impacts associated with area growth, cumulative projects and the proposed Project. When necessary, this report recommends intersection and/or roadway improvements that may be required to accommodate future traffic volumes and restore/maintain an acceptable Level of Service, and/or mitigates the impact of the project. Included in this Focused Traffic Impact Analysis are: • Existing traffic counts, • Estimated project traffic generation/distribution/assignment, • Estimated cumulative project traffic generation/distribution/assignment, • AM and PM peak hour capacity analyses for existing conditions, • AM and PM peak hour capacity analyses for existing plus project conditions, • AM and PM peak hour capacity analyses for future near -term (Year 2019) traffic conditions without and with the proposed Project, • Site Access Evaluation, • Congestion Management Program Compliance Assessment, and • Roadway Segment Evaluation. 75A-385 U 55 m a � m Ch2rttNell Staffing Solutions Q 9AS Financial Services 0 C El Mohil } GD Bro Burg E 4th St __E_4th_St Irvine Blvd � I p I............ Fel TDCf •.'.I CI.................. O7 1...' ro- 3� z ° C7 Ranchito 0 e LabCarp > O E F11­4l St • W First St 0 k DaVinci Ristorante Rehab A 0 �-, .Css1 IS Qj S5 w m 0 Healthsouth Tustil Rehabilitation HospiN o i 0 0 M W First St 7 rb m 4 [G SOURCE: GOGGLE LINSCOTT KEY FIGURE 1-1 LAW &® = STUDY INTERSECTION GREENSPAN N = STUDY ROADWAY SEGMENT NO SCALE r•� = PROJECT SITE VICINITY MAP TUSTIN AVENUE RETAIL, SANTA ANA 2.0 PROJECT DESCRIPTION The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2). Figure 2-1 is an existing aerial photograph of the Project site. The Project will include the development of an express car wash and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5- foot express car wash tunnel to replace a 4,200 SF sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels. Table 2-1 provides a summary of the proposed Project components. The Project is expected to be constructed and completed by Year 2019, which has been utilized to assess the Project's potential traffic impacts at full occupancy of the site within an opening year traffic setting. Figure 2-2 presents the site plan for the proposed Project prepared by Bundy Finkel Architects. 2.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in -right out driveway on Tustin Avenue and two (2) right in -right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in -right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in -right out driveway at the existing restaurant along Tustin Avenue and the western right in -right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. 75A-387 =� p � ..� r r SOURCE: GOOGLE KEY FIGURE 2 -1 �.] = PROJECT SITE N NO SCALE EXISTING SITE AERIAL TUSTIN AVENUE RETAIL, SANTA ANA 13 � ' EXISTING I 'NF I I 6UILOING Y - I I a0 NM2 � N-1 ❑ 1 q F3GP •3i eL IJ_� I R2 JS IN IA �.TYP �TER e ab rrER To Eo. N— — �� 'mot:scvmlrrr me I� ic mrn>uRAnRs o' o - - — T5'-v' -� vLo" zA'-o'�-zn'-e"j z,�_a' 1 2n'_m s 3E I.1 fl _ fl JP BLI) A E EMi /o IB'-0' GBTIXiE 111 50'C EXIST I/ IS XL_, 3,pt05 F *TER 2� EASEMENT / 0 /O E✓. iNI YS _ o� / 12 FIT/ f P� O, FR-1 .y _ — REP- L �rUS aOLASLML �TF IT rJR N.� _ — o.w 11+ 13 2] -YR rrP. - _ TUSTIN AVENUE R SOURCE: BUNDY-FINKEL-ARCHITECT FIGURE 2-2 (ENO SCALE PROPOSED SITE PLAN TUSTIN AVENUE RETAIL, SANTA ANA TABLE 2-1 PROJECT DEVELOPMENT SUMMARYI Project Description Project Development Totals Existing Development ❑ 301 N. Tustin Avenue o Quality Restaurant 4,200 SF ❑ 325 N. Tustin Avenue o Gas Station With Convenience Market With Car Wash 8 VFP Proposed Development ❑ 301 N. Tustin Avenue o Express Car Wash 118.5 Feet ❑ 325 N. Tustin Avenue o Gas Station With Convenience Market 12 VFP Notes: VFP = Vehicle Fueling Positions t Source: TCA Architects, 11/01/17. 75A-390 3.0 EXISTING CONDITIONS 3.1 Existing Street System The principal local network of streets serving the project site includes Fourth Street, First Street, and Tustin Avenue. The following discussion provides a brief synopsis of these key area streets. The descriptions are based on an inventory of existing roadway conditions. Fourth Street is a six -lane, divided roadway oriented in the east -west direction that borders the Project site to the north. The posted speed limit on Fourth Street is 40 miles per hour (mph). On - street parking is not permitted along this roadway in the vicinity of the project. A traffic signal controls the study intersection of Fourth Street at Tustin Avenue. First Street is a four to six -lane, divided roadway oriented in the east -west direction that provides two or three lanes in each direction separated by a raised median island. The posted speed limit on First Street is 40 mph. On -street parking is not permitted along this roadway. A traffic signal controls the study intersections of First Street at Tustin Avenue. Tustin Avenue is a five -lane, divided roadway, oriented in the north -south direction. On -street parking is permitted along the west side of the roadway in the vicinity of the Project. The posted speed limit on Tustin Avenue is 40 mph. Traffic signals control the study intersections of Tustin Avenue at Fourth Street and First Street. Figure 3-1 presents an inventory of the existing roadway conditions for the arterials and intersections evaluated in this report. This figure identifies the number of travel lanes for key arterials, as well as intersection configurations and controls for the key area study intersections. 3.1.1 Public Transit Public transit bus service is provided in the project area by the Orange County Transportation Authority (OCTA). Two (2) OCTA bus routes operate within the vicinity of the Project site on First Street, Fourth Street and Tustin Avenue, which consist of the following: • OCTA Route 64 (Huntington Beach to Tustin): Route 64 is a community bus route serving the Cities of Huntington Beach, Westminster, Garden Grove, Santa Ana and Tustin. The major routes of travel include Bolsa Avenue, First Street and Newport Boulevard. Nearest to the project site are bus stops on First Street - eastbound and westbound of the intersection with Tustin Avenue. Route 64 operates on approximate 30-minute headways during weekdays and 20-minute headways on weekends. • OCTA Route 71 (Newport Beach to Placentia): Route 71 is a community bus route serving the Cities of Newport Beach, Costa Mesa, Irvine, Tustin, Santa Ana, Orange, Anaheim and Placentia. The major routes of travel include Newport Boulevard, Red Hill Avenue, Newport Avenue, First Street, Tustin Avenue and Rose Avenue. Nearest to the project site are bus stops on Tustin Avenue at the intersections with First Street and Fourth Street. Route 71 operates on approximate 30-minute headways during weekdays and 45-minute headways on weekends. 75A-391 10 S PHASE 3 PHASE ,SIGNAL , SIGNAL FOURTH 6D \ \ ST //N 3 PHASE ^ ,SIGNAL IRVINE BLVD (40) NP 1 S .� A 00 U m o � Z 0 D i m m m n i i i SD FIRST NP 4D NP ST (40) NP (40) NP OL 6 PHASE m� SIGNAL N/S SPLIT i 0 m i = APPROACH LANE ASSIGNMENT FIGURE 3-1 • = TRAFFIC SIGNAL, OL = OVERLAP P = PARKING, NP = NO PARKING EXISTING ROADWAY 2 = NUMIVIDD,BEREOFOTRAVELOLAONES CONDITIONS AND tNO SCALE (XX)= POSTED SPEED LIMIT (MPH) = PROJECT SITE INTERSECTION CONTROLS TUSTIN AVENUE RETAIL, SANTA ANA 3.2 Existing Traffic Volumes Four (4) key study intersections and one (1) key roadway segment have been identified as the locations at which to evaluate existing and future traffic operating conditions. Some portion of potential project -related traffic will pass through each of these intersections, and their analysis will reveal the expected relative impacts of the project. These key locations were selected for evaluation based on discussions with City of Santa Ana staff and in consideration of Orange County CMP requirements. Existing daily, AM peak hour and PM peak hour traffic volumes for the key study intersections of Tustin Avenue at Fourth Street and Tustin Avenue at First Street, as well as the one (1) key roadway segment evaluated in this report were obtained from manual turning movement counts conducted by Transportation Studies, Inc. in October 2016. Please note that counts collected in October 2016 were grown by 1%to 2017 to create a 2017 baseline condition. Existing AM peak hour and PM peak hour traffic volumes for the key study intersections of SR-55 SB Ramps at Fourth Street and SR-55 NB Ramps at Fourth Street/Irvine Boulevard were obtained from manual turning movement counts conducted by AimTD LLC in May 2017. Figures 3-2 and 3-3 illustrate the existing AM and PM peak hour traffic volumes at the four (4) key study intersections evaluated in this report, respectively. Figure 3-3 also presents the existing average daily traffic volumes for the one (1) key roadway segment in the vicinity of the proposed Project. Please note that these existing volumes include the traffic generated by the existing land uses. Appendix B contains the detailed peak hour and daily traffic count sheets for the key intersections and roadway segments evaluated in this report. 3.3 Intersection Analysis Methodologies Existing AM and PM peak hour operating conditions for the four (4) key study intersections were evaluated using the Intersection Capacity Utilization (ICU) methodology for signalized intersections and the methodology outlined in the Highway Capacity Manual 6 (ICM 6) for the unsignalized Project driveways. 3.3.1 Intersection Capacity Utilization (ICU) Method of Analysis In conformance with City of Santa Ana, City of Tustin, and Orange County CMP requirements, existing AM and PM peak hour operating conditions for the key signalized study intersections were evaluated using the Intersection Capacity Utilization (ICU) method. The ICU technique is intended for signalized intersection analysis and estimates the volume to capacity (V/C) relationship for an intersection based on the individual V/C ratios for key conflicting traffic movements. The ICU numerical value represents the percent signal (green) time, and thus capacity, required by existing and/or future traffic. It should be noted that the ICU methodology assumes uniform traffic distribution per intersection approach lane and optimal signal timing. 75A-393 10 Mmo 23a' c / 1433 599 \ N 411069. ,l 1 87:' } �' 581(-3)� 80 FOURTH \ \ ST / 64581z 1068 1 1g)7 f �) v IRVINE BLVD -1 S ..... .'...................... .� m 0 D N 3 M m m m n i i i FIRST ST 344 0j6'5 1 - \ 166: �' b \ 0- / m i 0 m i (NO SCALE KEY (XX) = EXISTING PROJECT REROUTE = PROJECT SITE FIGURE 3-2 EXISTING AM PEAK HOUR TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 r 834 N 1071 121 z ,l r 361 \ 226:' } r ) 765(-4)A \ 727� M p„ N / 569/ 60 r I \ N \ \ 1 FOURTH \ \ ST � \ / 721 \ 1150 1 303-'� �) - 927(-5)f ,�,� N N / \ IRVINE BLVD -1 S ..... .'...................... .� m v 0 e n m m n i i i FIRST ST M m 484\ NON f 627 1 + ` 0 \ 466- \ 011 / m i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 3-3 (XX) = EXISTING PROJECT REROUTE NNO SCALE = PROJECT SITE EXISTING PM PEAK HOUR AND DAILY TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA Per City of Santa Ana requirements, the ICU calculations use a lane capacity of 1,700 vehicles per hour (vph) for through lanes and 1,600 vph for left -turn lanes and right -turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. Per City of Tustin requirements, the ICU calculations use a lane capacity of 1,700 for through and all turn lanes. A clearance adjustment factor of 0.05 was added to each Level of Service calculation. The ICU value translates to a Level of Service (LOS) estimate, which is a relative measure of the intersection performance. The ICU value is the sum of the critical volume to capacity ratios at an intersection; it is not intended to be indicative of the LOS of each of the individual turning movements. The six qualitative categories of Level of Service have been defined along with the corresponding ICU value range and are shown in Table 3-1. 3.3.2 Highway Capacity Manual 6 (HCM 6) Method of Analysis (Unsignalized Intersections) Two-way stop -controlled intersections are comprised of a major street, which is uncontrolled, and a minor street, which is controlled by stop signs. Level of service for a two-way stop -controlled intersection is determined by the computed or measured control delay. The control delay by movement, by approach, and for the intersection as a whole is estimated by the computed capacity for each movement. LOS is determined for each minor -street movement (or shared movement) as well as major -street left turns. The worst side street approach delay is reported. LOS is not defined for the intersection as a whole or for major -street approaches, as it is assumed that major -street through vehicles experience zero delay. The HCM control delay value range for two-way stop - controlled intersections is shown in Table 3-2. 3.3.3 Level of Service Criteria According to the Cities of Santa Ana and Tustin, LOS D is the minimum acceptable condition that should be maintained during the peak commute hours. However, the City of Santa Ana has defined exceptions to this criterion at specific locations within the study area. The City of Santa Ana has defined major development areas where LOS "E" is considered acceptable. Caltrans "endeavors to maintain a target LOS at the transition between LOS "C" and LOS "D" on State highway facilities'; it does not require that LOS "D" (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. Caltrans has determined that all state owned facilities that operate below LOS D should be identified and improved to an acceptable LOS. The Caltrans Traffic Impact Study Guidelines dated December 2002 does state that if an existing state owned facility operates at less than LOS D, the existing service level should be maintained. Based on the above, the following summarizes the LOS required for each key study intersection: 75A-396 LOS "D" Requirements 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd 3. SR-55 SB Ramps at Fourth Street LOS "E" Requirements 1. Tustin Avenue at Fourth Street 75A-397 TABLE 3-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS Level of Service (LOS) Intersection Capacity Utilization Value (V/C) Level of Service Description EXCELLENT. No vehicle waits longer A < 0.600 than one red light, and no approach phase is fully used. VERY GOOD. An occasional approach B 0.601 — 0.700 phase is fully utilized, many drivers begin to feel somewhat restricted within groups of vehicles. GOOD. Occasionally drivers may have to C 0.701 — 0.800 wait through more than one red light, backups may develop behind turning vehicles. FAIR. Delays may be substantial during portions of the rush hours, but enough D 0.801 — 0.900 lower volume periods occur to permit clearing of developing lines, preventing excessive backups. POOR. Represents the most vehicles E 0.901 — 1.000 intersection approaches can accommodate, may be long lines of waiting vehicles through several signal cycles. FAILURE. Backups from nearby locations or on cross streets may restrict or prevent F > 1.000 movement of vehicles out of the intersection approaches. Potentially very long delays with continuously increasing queue lengths. 75A-398 TABLE 3-2 LEVEL OF SERVICE CRITERIA FOR UNSIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)z Level of Service (LOS) Highway Capacity Manual (HCM) Delay Per Vehicle (seconds/vehicle) Level of Service Description A < 10.0 Little or no delay B > 10.0 and < 15.0 Short traffic delays C > 15.0 and < 25.0 Average traffic delays D > 25.0 and <35.0 Long traffic delays E > 35.0 and < 50.0 Very long traffic delays H' > 50.0 Severe congestion 2 Source: Higini m Capacity Manual6, Chapter 20: Two -Way Stop -Controlled Intersections. The LOS criteria apply to each lane on a given approach and to each approach on the minor street. LOS is not calculated for major -street approaches or for the intersection as a whole. 75A-399 3.4 Existing Level of Service Results Table 3-3 summarizes the existing peak hour service level calculations for the four (4) key study intersections based on existing traffic volumes and current street geometries. Review of Table 3-3 indicates that three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour. Appendix C presents the ICU/LOS calculation worksheets for the four (4) key study intersections for the AM peak hour and PM peak hour. 75A-400 TABLE 3-3 EXISTING PEAK HOUR INTERSECTION CAPACITY ANALYSIS Minimum Acceptable Control Time Key Intersection Jurisdiction LOS Type Period ICU/HCM LOS Tustin Avenue at 80 Traffic AM 0.602 B 1 Santa Ana E Fourth Street Signal pM 0.783 C Tustin Avenue at 60 Traffic AM 0.490 A 2. Tustin D First Street Signal pM 0.517 A SR-55 SB Ramps at Santa Ana/ 30 Traffic AM 0.902 E 3. D Fourth Street Caltrans Signal pM 0.783 C SR-55 NB Ramps at Tustin 30 Traffic AM 0.699 B 4. D Fourth Street/Irvine Boulevard Caltrans Signal pM 0.757 C 75A-401 4.0 TRAFFIC FORECASTING METHODOLOGY In order to estimate the traffic impact characteristics of the proposed Project, a multi -step process has been utilized. The first step is traffic generation, which estimates the total arriving and departing traffic on a peak hour and daily basis. The traffic generation potential is forecast by applying the appropriate vehicle trip generation equations or rates to the project development tabulation. The second step of the forecasting process is traffic distribution, which identifies the origins and destinations of inbound and outbound project traffic. These origins and destinations are typically based on demographics and existing/expected future travel patterns in the study area The third step is traffic assignment, which involves the allocation of project traffic to study area streets and intersections. Traffic assignment is typically based on minimization of travel time, which may or may not involve the shortest route, depending on prevailing operating conditions and travel speeds. Traffic distribution patterns are indicated by general percentage orientation, while traffic assignment allocates specific volume forecasts to individual roadway links and intersection turning movements throughout the study area. With the forecasting process complete and project traffic assignments developed, the impact of the proposed project is isolated by comparing operational (LOS) conditions at selected key intersections using expected future traffic volumes with and without forecast project traffic. The need for site - specific and/or cumulative local area traffic improvements can then be evaluated and the significance of the project's impacts identified. 75A-402 5.0 PROJECT TRAFFIC CHARACTERISTICS 5.1 Project Traffic Generation Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation equations and/or rates used in the traffic forecasting procedure are found in the 9 b Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington D.C., 2012]. Table 5-1 summarizes the trip generation rates used in forecasting the vehicular trips generated by the proposed Project and also presents the project's forecast peak hour and daily traffic volumes. As shown in the upper portion of Table 5-1, ITE Land Use 931: Quality Restaurant and ITE Land Use 946: Gasoline/Service Station With Convenience Market and Car Wash trip rates will be used to forecast the trip generation of the existing development. ITE Land Use 945: Gasoline/Service Station With Convenience Market will be used to forecast the trip generation of the gas station portion of the proposed Project. Empirical trip generation estimates at Victorville Speedwash collected on February 7, 2014 will be used to forecast the trip generation of the express car wash portion of the proposed Project. A review of the middle portion of this table indicates that the existing land uses generate 1,257 daily trips, with 39 trips (21 inbound, 18 outbound) produced in the AM peak hour and 66 trips (37 inbound, 29 outbound) produced in the PM peak hour. A review of the lower portion of Table 5-1 indicates that the proposed Project is forecast to generate 2,235 daily trips, with 89 trips (48 inbound, 41 outbound) produced in the AM peak hour and 152 trips (76 inbound, 76 outbound) produced in the PM peak hour. Review of the last row of Table 5-1 shows that with application of existing trip credits, the proposed Project is forecast to generate a new of 978 daily trips, a net of 50 (27 inbound, 23 outbound) AM peak hour trips, and a net of 86 (39 inbound, 47 outbound) PM peak hour trips. 5.2 Project Trip Distribution and Assignment Figures 5-1 and 5-2 present the trip distribution pattern for the gas station and commercial components proposed Project, respectively. Project traffic volumes both entering and exiting the project site have been distributed and assigned to the adjacent street system based on the following considerations: • location of site access points in relation to the surrounding street system, • the site's proximity to major traffic carriers and regional access routes, • physical characteristics of the circulation system such as lane channelization and presence of traffic signals that affect travel patterns, • presence of traffic congestion in the surrounding vicinity, and • ingress/egress availability at the project site. 75A-403 The anticipated near -term AM and PM peak hour project traffic volumes associated with the proposed Project (the net trip volumes and existing trip credits) are presented in Figures 5-3 and 5-4, respectively. Figure 5-4 also presents the daily Project traffic volumes. The traffic volume assignments presented in Figures 5-3 and 5-4 reflect the traffic distribution characteristics shown in Figures 5-1 and 5-2 and the traffic generation forecast presented in Table 5-1. 5.3 Existing Plus Project Traffic Conditions The Existing Plus Project traffic conditions have been generated based upon existing conditions and the estimated project traffic. These forecast traffic conditions have been prepared pursuant to the California Environmental Quality Act (CEQA) guidelines, which require that the potential impacts of a Project be evaluated upon the circulation system as it currently exists. This traffic volume scenario and the related intersection capacity analyses will identify the roadway improvements necessary to mitigate the direct traffic impacts of the Project, if any. Figures 5-5 and 5-6 present projected AM and PM peak hour traffic volumes at the four (4) key study intersections and three (3) Project driveways with the addition of the trips generated by the proposed Project to existing traffic volumes. Figure 5-6 also presents the Existing Plus Project daily traffic volumes. 75A-404 N O h 10 bNo } Z � o-30% 125% 20%� 35%~ 5%� \25%� / FOURTH \ \ ST V IRVINE BLVD , I \ DWY 3 / / o / � o i20%\ �/ n �25% o-35% ^ f 75%-� G m m n i i i FIRST ST 10� / 15� 10%j i i 0 m i (NO SCALE KEY = INBOUND PERCENTAGE = OUTBOUND PERCENTAGE PROJECT SITE FIGURE 5-1 PROJECT TRIP DISTRIBUTION PATTERN — GAS STATION TUSTIN AVENUE RETAIL, SANTA ANA N O k h / ti I�I 35%\� I tl z 1307 1257 1\20%� "/ 13 5%� 1\25%: ! oo� /I FOURTH \ \ ST v IRVINE BLVD 20% r / \ DWr 2 \ / t: DWY 3—...- s / / N b ri 1 I 125%- I o G m m i i FIRST ST 10% / 15% / L15% 1 10%j I i i m i = INBOUND PERCENTAGE FIGURE 5-2 = OUTBOUND PERCENTAGE :? = PROJECT SITE PROJECT TRIP DISTRIBUTION tNO SCALE PATTERN - EXPRESS CAR WASH TUSTIN AVENUE RETAIL, SANTA ANA 7 '.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.. / 26 \ 4— r / \4 (30)--.A �z / \ N / 0 (tNO SCALE KEY (XX) = PASS—BY/DIVERTED TRIPS = PROJECT SITE FIGURE 5-3 AM PEAK HOUR PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 / 0 39 0-'� 1} I \ 191�. � N � FOURTH \ \ z ,l r 0 28� I \ 6� / \ ST / \ 24 \ 6� i I \ 22� IRVINE BLVD �\ / I........... L.' / ,I \ 2'..� } �(g)DWY / MO r 34((10) 34 0 } _r , (8� r I 0 \ M \136�� � / � m m m n i i i FIRST ST 14\ / Q \ 1ON 0 i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 5-4 (XX) = PASS-BY/DIVERTED TRIPS NNO SCALE = PROJECT SITE PM PEAK HOUR AND DAILY PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 4q 23a 1106� 87-' 688— 1 } NN/ \ / 43 +�r25 fr 433 log� 57 8 � \ — 1 4E / 645 1085 1 e 7 065 �I 173-J � r \ 4122 o / \2 KEY ;= PROJECT SITE FIGURE 5-5 NO SCALE EXISTING PLUS PROJECT AM PEAK HOUR TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 /a M 34 1160 \ \ 226:' } / \ 738 FOURTH \ z / ,l r 3619� \ 793� / 575� / \ ST / 1174\ \ 309-�) r \ 94T! N / IRVINE BLVD �\ / M I........... L...........,I DWY 2 '...� \\ I: / / 70 \ / e r 39 io 1385\ ^ N w mo m m n i i i FIRST ST o 44 627 \ 629 J 466 \ ---A m / i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 5-6 =PROJECT SITE TNO SCALE EXISTING PLUS PROJECT PM PEAK HOUR AND DAILY TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA TABLE 5-1 PROJECT TRIP GENERATION RATES AND FORECASTS Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Description 2-Way Trip Generation Rates: 931: Quality Restaurant(TE/TSF) 89.95 100% 0% 0.81 67% 33% 7.49 945: Gasoline/Service Station With Convenience 162.78 50% 50% 10.16 50% 50% 13.51. Market (TE/VFP) 946:Gasoline/Service Station With Convenience 152.84 51% 49% 11.84 51% 49% 13.86 Market and Car Wash (TE/VFP) Empirical Trip Generation Estimates for Speedwash (TE/LFWT)s 8.663 0.275 0.204 0.479 0.450 0.463 0.913 Exisfin2 Development Trip Generation: Gas Station With Market With Car Wash (8 VFP) 1,223 48 47 95 57 54 111 Pass -By (Daily 25%, AM 62%, PM 56%) -306 -30 -29 -59 -32 -30 -62 Existing Gas Station Subtotal 917 18 18 36 25 24 49 Quality Restaurant (4,200 SF) 378 3 0 3 21 10 31 Pass -By (Daily 10%, AM 0%, PM 44%) -38 0 0 0 -9 -5 -14 Existing Restaurant Subtotal 340 3 0 3 12 5 17 Proposed Proiect Trip Generation: Gas Station With Market (12 VFP) 1,953 61 61 122 81 81 162 Pass -By (Daily 25%, AM 62%, PM 56%) -488 -38 -38 -76 -45 -46 -91 Proposed Gas Station Subtotal 1,465 23 23 46 36 35 -1 Express Car Wash (118.5 Feet of Tunnel) 1,027 33 24 57 53 55 108 Pass -By (Daily 25%, AM 25%, PM 25%) -257 -8 -6 -14 -13 -14 -27 Proposed Cam Wash Subtotal 770 25 18 43 40 41 SI Total Existing Development Trip Generation (A) 1,257 21 18 39 37 29 66 Total Proposed Project Trip Generation (B) 2,235 48 41 89 76 76 152 Total Net Project Trip Generation (C) _ (B) — (A) 978 27 23 50 39 47 86 Notes: TE/TSF —Trip End per 1,000 Square Feet of Gross Floor Area • TE/VFP = Trip End per Vehicle Fueling Position. • TE/LFWP =Trip End per Linear Feet of Wash Tunnel s Source: Trip Generation, 9' Edition, Institute of Transportation Engineers QTE), Washington, D.C. (2012). 5 Based on driveway traffic counts conducted on Friday (2/7/2014) at Victorville Speedwash (12147 Industrial Boulevard, Victoriville). 75A-411 6.0 FUTURE TRAFFIC CONDITIONS 6.1 Ambient Traffic Growth Horizon year, background traffic growth estimates have been calculated using an ambient traffic growth factor. The ambient traffic growth factor is intended to include unknown and future cumulative projects in the study area, as well as account for regular growth in traffic volumes due to the development of projects outside the study area. The future growth in traffic volumes has been calculated at one percent (1.0%) per year. Applied to the Year 2017 existing traffic volumes, this factor results in a 2.0% growth in existing volumes to the near -term horizon year 2019. 6.2 Cumulative Projects Traffic Characteristics In order to make a realistic estimate of future on -street conditions prior to implementation of the proposed Project, the status of other known development projects (cumulative projects) within a two-mile radius of the proposed project has been researched at the City of Santa Ana and City of Tustin. With this information, the potential impact of the proposed Project can be evaluated within the context of the cumulative impact of all ongoing development. Based on our research during the scoping process, there are sixteen (16) cumulative projects in the City of Santa Ana and eight (8) cumulative projects in the City of Tustin that are being processed for approval. These twenty-four (24) cumulative projects have been included as part of the cumulative background setting. Table 6-1 provides a brief description for each of the twenty-four (24) cumulative projects. Figure 6-1 graphically illustrates the location of the twenty-four (24) cumulative projects. These cumulative projects are expected to generate vehicular traffic, which may affect the operating conditions of the key study intersections. Table 6-2 summarizes the trip generation potential for all twenty-four (24) cumulative projects on a daily and peak hour basis for a typical weekday. As shown, the cumulative projects are expected to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour. The AM and PM peak hour traffic volumes associated with the twenty-four (24) cumulative projects in the Year 2019 are presented in Figures 6-2 and 6-3, respectively. Figure 6-3 also presents the daily related project traffic volumes. 6.2.1 Year 2019 Traffic Volumes Figures 6-4 and 6-5 present the AM and PM peak hour cumulative traffic volumes (existing traffic + ambient growth + cumulative projects) at the four (4) key study intersections for the Year 2019. Figure 6-5 also presents the Year 2019 daily cumulative traffic volumes. Figures 6-6 and 6-7 illustrate the Year 2019 forecast AM and PM peak hour traffic volumes, with the inclusion of the trips generated by the proposed Project. Figure 6-7 also presents the Year 2019 daily cumulative plus project traffic volumes. 75A-412 o q Lloz—zL-6o 9g:woL dat 6mP'L-9b I99CVbmpAouo oyuos °liolej enuenD ui,, — IB9C, �5� -chUr ' = N s o � Y 4 Po xo H'u oaa wo `<W Y 9u10`z3Y�� sU ref =Nz�mo 00 "9sd Y�Y� 22Hm 3Ns �Y N soom p Z` WO W N�6� p wyi�<i rw 22 z Y(]Nm GN�66600u2 Fka YO ypjx Y YYN3p N�mY�w03NK6m� o�KNGOw G�rnmw Zmranirc[°bi? v hlsri` a��drr ad � aw _ N Nutt Ave 9v T } Lwin9swn S7 �t 1� anF(i�adap ol LL L s; Pr[.spOCC Ave —�' •� w L •^ Y G, ` "f rJlbd `al v zi � G � r Yaibe 5t i TIfSIZG AV+; .. c O Q of E w h w� 'iil:l bn!E 'i: Crli rlme FBr3 Pi O o: Q Mabory Sl S C-FF iO w Q rn wi Ave N Crand Ave cn W q e r m I.eI .h, A,. ® n S smdn'd PY� LL 4 O %.l a 4 S ii allecleY Si ca '� Q p 1p 5141�on Dr yy � 9a1i 51 lac =.. 1e ® Fee14:'h 51 Lp Maps Sti N Spur9lan�. w. N p in N 6u�h Si Main Street N.b'YGGEP 4r2St � - hd3ifl SlrePl y� � � :Vf U vl Gi > •iJ o. w W :m NPmru St k ra.Mali N N Fwwzr Sl m a a 15 Jauatp� F r 4 N5akar Sl IA � =x4ee G• 46 \ i L 53 r m FOURTH \ vci � z JC`170\ 182— \ 67� / \ ST / 0 \ —51 10250 \ 82— IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O N D G 0 3 n m m i i FIRST ST oo� _ \ J + ` 05 \ r 107-309o00 i m i (NO SCALE = PROJECT SITE FIGURE 6-2 AM PEAK HOUR CUMULATIVE PROJECTS TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA ONO 181 \ z / J C ` 354\ �\ 5oJ r1301� FOURTH \ \ ST / — 188 \ 67� T /l >,__,� v IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O 1101i 0 D i n n m m m i i FIRST ST 0 1 977 2 1 I r/ m XX,XXX = DAILY TRAFFIC VOLUMES FIGURE 6-3 = PROJECT SITE N NO SCALE PM PEAK HOUR AND DAILY CUMULATIVE PROJECTS TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA o� 233 657 \ / — 1166 136 z J ` 4413 97-� i i r 775— \ 717— " \ 957� / FOURTH \ \ ST / 658 \ — 1140 303- T \ 558— IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O n 0 D 0 i n m m m i i FIRST ST J 42 35� \ 035 478-� 1 i r \ J 527— o 0 o i m i (NO SCALE ;= PROJECT SITE FIGURE 6-4 YEAR 2019 AM PEAK HOUR CUMULATIVE TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA � 304 z J ` 371 237-�1 1 r / 910— / 796— ,�; 621� \ 61� FOURTH \ \ ST 736 — 1261 372-� T / 1013— �+ IRVINE BLVD . .. ...' .................. I..... ..........' :� .......... s pN C !1 O N n P Ol � 0 D G i n m m i i FIRST ST J /m m 493 \ 047 E24r / \ J 552— o 0 o i m i XX,XXX = DAILY TRAFFIC VOLUMES FIGURE 6-5 = PROJECT SITE N NO SCALE YEAR 2019 PM PEAK HOUR AND DAILY CUMULATIVE TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA /M \ 235\ 654 / 1165\ 97 \ 720: \ 443� 796092� J � � m � 57 / / �658\ 1157 1 I...�.......�.. DWY 2'..�- r N T 0 / 43 r 25 1053 0 r J 1783— r J \ 76— o 36� 035 \I 485-J � J 5277 / \2 KEY ;= PROJECT SITE FIGURE 6-6 NO SCALE YEAR 2019 AM PEAK HOUR CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA 10 /m rn 40� / f r 925 \ 1 } `r 343 \ 237-'� 1 } J \ 8077 � �,�, 1 M / FOURTH \ / '' 12A z ,l r 371 \ 938� J \ 627- / \ ST / 736 \ 1285 \ 378-'� �) J 1035� M N / IRVINE BLVD DWY 2 \ M N / I'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.'.� o / � / 70 r 39 N1 1672 \ } r J >\ 1594-1 r J 0 N o D G b m m n i i i FIRST ST 50� 047\ \ 833-J 552 ' \ ---A m i 0 m i KEY XX,XXX►= DAILY TRAFFIC VOLUMES FIGURE 6-7 TNO = PROJECT SITE SCALE YEAR 2019 PM PEAK HOUR AND DAILY CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES TUSTIN AVENUE RETAIL, SANTA ANA TABLE 6-1 LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTS? No. Cumulative Project Location/Address Description City ofSanta Ana Development Artist Gateway 117 South Sycamore Street 14 DU Live/Work 1. 2. Depot at Santiago 923 North Santiago Street 70 DU Apartments, 12.623 TSF Retail/Office 3. Lotus Townhomes 627 East Washington Avenue 8 DU Townhomes 4. Rocket Express Car Wash 1703 East Seventeenth Street 4.995 TSF Car Wash, 20.146 TSF Existing Commercial Demolition 5. Sexlinger Homes and Orchard 1584 East Santa Clara Avenue 24 DU Single Family Detached 6. First Street Family Apartments 1440 East First Street 69 DU Apartments, 47.04 T SF Existing Office Demolition 7. One Broadway Plaza 1109 North Broadway 518.000 SF Office Tower with 16.000 TSF of Restaurant Floor Area 8. East First Street Apartments 2222 East First Street 419 DU Senior Residential Apartments 9. First Street Care Home 2151 East First Street Convert 75 Room Motel to 72 DU Supportive Housing Apartments 10. Tom's Trucks Residential Development 1008 East Fourth Street 170 DU Single Family Detached 11. The Madison 200 N. Cabrillo Park Drive 260 DU Apartments, 6,561 TSF Commercial 12. 2114 East First Apartments 2114 East First Street 694 DU Affordable Apartments, 9.700 TSF Commercial 13. 888 Adaptive Reuse 888 North Main Street 146 Condominiums 14. Elk's Lodge 1701 East St. Andrew Place 46.438 TSF Lodge 15. Hampton Inn Hotel 2129 North Main Street 135 Room Hotel 16. Tustin Avenue Retail 1660 E. First Street 601 DU Apartments, 16.430 TSF Commercial City of Tustin Development 201 DU Apartments, 3.000 TSF Health 17. Tustin Red Hill Mixed -Use 13751-13841 Red Hill Avenue Club, 10.000 TSF General Office, 4.000 TSF Shopping Center, 3.000 TSF High - Turnover Restaurant 18. 4 Unit Condominium Complex 1051 Bonita Street 4 DU Condominiums 19. 5 Detached Residential Condos 1381-1391 San Juan Street 5 DU Condominiums 20. New Office Building 721 West First Street 7.200 TSF Office 21. Restaurant 14232 Newport Avenue 1.800 TSF Fast -Food Restaurant w/ Drive-Thru 7 Source:Ou of Santa Ana and City ofTustin Planning Department staff. 75A-420 TABLE 6-1 (CONTINUED) LOCATION AND DESCRIPTION OF CUMULATIVE PROJECTSB No. Cumulative Project Location/Address Description 22. Grace Harbor Church 12881 Newport Avenue 10.015 TSF 2-story Classroom 23. Habitat for Humanity 140 South A Street 2 DU Condominiums 24. Intracorp So Cal-1 420 West 6' Street 140 DU Single Family Attached B Source: City of Santa Ana and City of Tustin Planning Department staff. 75A-421 TABLE 6-2 CUMULATIVE PROJECTS TRIP GENERATION FORECASTS Cumulative Project Description Daily 2-Way AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 1. Artist Gateway 93 1 6 7 6 3 9 2. Depot at Santiago 658 15 32 47 31 24 55 3. Lotus Townhomes 46 1 3 4 3 1 4 4. Rocket Express Car Wash 529 15 15 30 21 20 41 5. Sexlinger Homes and Orchard 229 5 13 18 15 9 24 6. First Street Family Apartments 459 7 28 35 28 15 43 7. One Broadway Plaza 6,175 641 94 735 198 596 794 8. East First Street Apartments 1,524 30 59 89 60 51 111 9. First Street Care Home 479 7 30 37 29 16 45 10. Tom's Trucks Residential Development 1,618 32 96 128 107 63 170 11. The Madison 2,010 30 104 134 115 69 184 12. 2114 East First Apartments 4,988 76 286 362 291 163 454 13. 888 Adaptive Reuse 848 11 53 64 51 25 76 14. Elk's Lodge 1,571 63 32 95 62 65 127 15. Hampton Inn Hotel 1,103 42 30 72 41 40 81 16. Tustin Avenue Retail 4,464 67 240 307 257 155 412 17. Tustin Red Hill Mixed -Use 2,098 57 102 159 115 81 196 18. 4 Unit Apartment Complex 27 0 2 2 1 1 2 19. 5 Detached Residential Condos 29 0 2 2 2 1 3 20. New Office Building 122 15 2 17 3 13 16 21. Restaurant 670 21 21 42 15 14 29 22. Grace Harbor Church 155 29 23 52 5 7 12 23. Habitat for Humanity 12 0 1 1 1 0 1 24. Intracorp So Cal-1 813 11 51 62 49 24 73 Cumulative Projects Total Trip Generation Potential 30,720 1,176 1,325 2,501 1,506 1,456 2,962 9 Source: Trip Generation, 9' Edition, Institute of Transportation Engineers (ITE), Washington, D.C. (2012). 75A-422 7.0 TRAFFIC IMPACT ANALYSIS METHODOLOGY The relative impact of the proposed Project during the AM peak hour and PM peak hour was evaluated based on analysis of future operating conditions at the four (4) key study intersections, without, then with, the proposed Project. The previously discussed capacity analysis procedures were utilized to investigate the future volume -to -capacity relationships and service level characteristics at each study intersection. The significance of the potential impacts of the Project at each key intersection was then evaluated using the following traffic impact criteria. 7.1 Impact Criteria and Thresholds 7.1.1 City of Santa Ana For the study intersection solely under the jurisdiction of the City of Santa Ana, impacts to local and regional transportation systems are considered significant if: • An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and the project increases traffic demand at the study intersection by 1% of capacity (ICU increase >_ 0.010). The City of Santa Ana considers LOS D (ICU = 0.801 - 0.900) to be the minimum acceptable LOS for all intersections, except for those locations located within the City's defined major development areas, where LOS E is considered acceptable. Based on the above, the following summarizes the LOS required for the Santa Ana key study intersection: LOS "D" Reguiremeuts 3. SR-55 SB Ramps at Fourth Street LOS "E" Renuiremeuts 1. Tustin Avenue at Fourth Street • At unsignalized intersections, an impact is considered to be significant if the project causes an intersection at LOS D or better to degrade to LOS E or F and the traffic signal warrant analysis determines that a signal is justified. 7.1.2 City of Tustin For the study intersection within the jurisdiction of the City of Tustin, impacts to local and regional transportation systems are considered significant if: • An unacceptable peak hour Level of Service (LOS) at any of the key intersections is projected and, for this analysis, if the project increases traffic demand at the study intersection by 1% of capacity (ICU increase >_ 0.010), causing or worsening LOS E or F (ICU > 0.901), the impact is considered significant. The City of Tustin considers LOS D to be the minimum acceptable condition that should be maintained during the peak commute hours at the intersection listed below: 75A-423 LOS "D" Reguiremeuts 2. Tustin Avenue at First Street 4. SR-55 NB Ramps at Fourth Street/Irvine Boulevard 7.2 Traffic Impact Analysis Scenarios The following scenarios are those for which volume/capacity calculations have been performed at the four (4) key intersections for existing plus project, near -term (Year 2019) traffic conditions: A. Existing Traffic Conditions; B. Existing Plus Project Traffic Conditions; C. Scenario (B) with Improvements, if necessary; D. Near -Term (Year 2019) Cumulative Traffic Conditions, E. Near -Term (Year 2019) Cumulative plus Project Traffic Conditions; F. Scenario (E) with Improvements, if necessary; and G. Scenario (H) with Improvements, if necessary. 75A-424 8.0 PEAK HOUR INTERSECTION CAPACITY ANALYSIS 8.1 Existing Plus Project Analysis Table 8-1 summarizes the peak hour Level of Service results at the four (4) key study intersections for existing plus project traffic conditions. The first column (1) of ICU/LOS values in Table 8-1 presents a summary of existing AM and PM peak hour traffic conditions (which were also presented in Table 3-3). The second column (2) lists existing plus project traffic conditions. The third column (3) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.1.1 Existing Pius Project Traffic Conditions Review of columns (2) and (3) of Table 8-1 indicate that traffic associated with the proposed Project will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic. Appendix C presents the existing plus project ICU/LOS calculations for the four (4) key study intersections. 75A-425 () E E3 {k = @ )§ m o<<* o m o P\ [ \ ¢ alquidaaaV __a ~ f§ ƒ a a w e / 75A- 2§ 8.2 Year 2019 Traffic Conditions Table 8-2 summarizes the peak hour Level of Service results at the four (4) key study intersections for the Year 2019 horizon year. The first column (1) of ICU/LOS values in Table 8-2 presents a summary of existing AM and PM peak hour traffic conditions. The second column (2) lists projected cumulative traffic conditions (existing plus ambient plus cumulative projects traffic) based on existing intersection geometry, but without any traffic generated from the proposed Project. The third column (3) presents forecast Year 2019 near -term traffic conditions with the addition of Project traffic. The fourth column (4) shows the increase in ICU value due to the added peak hour Project trips and indicates whether the traffic associated with the Project will have a significant impact based on the LOS standards and significant impact criteria defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 8.2.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that with the addition of ambient traffic growth and cumulative projects traffic, one (1) of the four (4) key study intersections will operate at an adverse LOS. The location identified below is forecast to operate at an unacceptable level of service: AM Peak Hour PM Peak Hour Kev Intersection ICU/HCM LOS ICU/HCM LOS 6. SR-55 SB Ramps at Fourth Street 0.968 E The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS based on the LOS criteria identified in this report. 8.2.2 Year 2019 Cumulative Plus Project Conditions Review of columns (3) and (4) of Table 8-2 indicate that traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at an adverse LOS E during the AM peak hour, with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. Appendix C also presents the near -term ICU/LOS calculations for the four (4) key study intersections. 75A-427 .0 Go u i11 � iR a C y R N YM1{ H F-I ♦+ O z o 0 0 0 0 0 0 0 z z z z z z z z R u G- u R O �O co M vi N vi = O O O O O O O O I —I y O � O U Ca � m W Ca U Ca O� u iR W N L = QI O R U H y � O R O R U h co �p vi � co h co H y O � O a U y y W U a U C p O O O O O O O O H SO'I alggdaaaV mnmiuiK 17 Ca Ca Ca m � u x N «I 0 d 9.0 SITE ACCESS AND INTERNAL CIRCULATION EVALUATION 9.1 Site Access Vehicular access to the existing gas station at 325 N. Tustin Avenue is currently provided by one (1) right in -right out driveway on Tustin Avenue and four (4) right in -right out driveways on Fourth Street. Access to the existing restaurant at 301 N. Tustin Avenue is currently provided by one (1) full access driveway and one (1) right in -right out driveway on Tustin Avenue. Vehicular access will remain generally similar to the current driveways with the exception of the removal of the one (1) right in -right out driveway at the existing restaurant along Tustin Avenue and the westerly right in -right out driveway along Fourth Street. A total of three (3) driveways will provide access to the proposed Project site. Table 9-1 summarizes the intersection level of service results for the three (3) proposed Project driveways under near -term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour. Appendix D presents the near -term HCM/LOS calculations for the three (3) Project driveways. 9.2 Internal Circulation Evaluation The on -site circulation was evaluated in terms of vehicle -pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle -pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on -site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles. 75A-429 TABLE 9-1 PROJECT DRIVEWAY PEAK HOUR INTERSECTION CAPACITY ANALYSIS SUMMARY (1) Year 2019 Plus Project Intersection Time Traffic Conditions Delay (s/v) LOS Key Intersection Control Period Project Driveway 1 at One -Way AM 23.3 C A. Fourth Street Stop PM 21.7 C Tustin Avenue at One -Way AM 12.6 B B. Project Driveway Stop PM 16.5 C Tustin Avenue at One -Way AM 14.6 B C. Project Driveway Stop PM 25.0 C Notes: • Bold Delay/LOS values indicate adverse service levels based on the Cities LOS standards • s/v = seconds per vehicle 75A-430 10.0 RECOMMENDED INTERSECTION IMPROVEMENTS For those intersections where projected traffic volumes are expected to result in unacceptable operating conditions, this report recommends (identifies) improvement measures that change the intersection geometry to increase capacity. These capacity improvements involve roadway widening and/or re -striping to reconfigure (add lanes) to specific approaches of a key intersection. The identified improvements are expected to: • mitigate the impact of existing traffic, Project traffic and future non -project (ambient traffic growth and cumulative project) traffic and • improve Levels of Service to an acceptable range and/or to pre -project conditions. 10.1 Existing Plus Project Traffic Conditions The results of the intersection capacity analysis presented previously in Table 8-1 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the "Existing Plus Project" traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 10.2 Year 2019 Plus Project Traffic Conditions The results of the intersection capacity analyses presented previously in Table 8-2 shows that the proposed Project will not significantly impact any of the four (4) key study intersections under the "Year 2019 Plus Project" traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 75A-431 11.0 CONGESTION MANAGEMENT PROGRAM (CMP) COMPLIANCE ASSESSMENT This analysis is consistent with the requirements and procedures outlined in the current Orange County Congestion Management Program (CMP). The CMP requires that a traffic impact analysis be conducted for any project generating 2,400 or more daily trips, or 1,600 or more daily trips for projects that directly access the CMP Highway System (HS). Per the CMP guidelines, this number is based on the desire to analyze any impacts that will be 3.0% or more of the existing CMP highway system facilities' capacity. However, as noted in this focused traffic study, the proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System. 75A-432 12.0 STATE OF CALIFORNIA (CALTRANS) METHODOLOGY In conformance with the current Caltrans Guide for the Preparation of Traffic Impact Studies, existing and projected AM and PM peak hour operating conditions at the two (2) state-controlled study intersections within the study area have been evaluated using the Highway Capacity Manual 6:h Edition operations method of analysis. These state-controlled locations include the following intersections: 3. SR- 55 Ramps at Fourth Street 4. SR-55 NB Ramps at Fourth St/Irvine Blvd Caltrans "endeavors to maintain a target LOS at the transition between LOS "C" and LOS "D" on State highway facilities'; it does not require that LOS "D" (shall) be maintained. However, Caltrans acknowledges that this may not always be feasible and recommends that the lead agency consult with Caltrans to determine the appropriate target LOS. For this analysis, LOS D is the target level of service standard and will be utilized to assess the project impacts at the state-controlled study intersections. 12.1 Highway Capacity Manual (HCM) Method of Analysis (Signalized Intersections) AM and PM peak hour operating conditions for the key study intersections were evaluated using the methodology outlined in Chapter 19 of the Highway Capacity Manual 6 (HCM 6) for signalized intersections. Based on the HCM operations method of analysis, level of service for signalized intersections and approaches is defined in terms of control delay, which is a measure of the increase in travel time due to traffic signal control, driver discomfort, and fuel consumption. Control delay includes the delay associated with vehicles slowing in advance of an intersection, the time spent stopped on an intersection approach, the time spent as vehicles move up in the queue, and the time needed for vehicles to accelerate to their desired speed. LOS criteria for traffic signals are stated in terms of the control delay in seconds per vehicle. The LOS thresholds established for the automobile mode at a signalized intersection are shown in Table 12-1. 75A-433 TABLE 12-1 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS (HCM 6 METHODOLOGY)" Level of Service Control Delay Per Vehicle (LOS) (seconds/vehicle) Level of Service Description This level of service occurs when progression is A < 10.0 extremely favorable and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay. This level generally occurs with good progression, short B > 10.0 and < 20.0 cycle lengths, or both. More vehicles stop than with LOS A, causing higher levels of average delay. Average traffic delays. These higher delays may result from fair progression, longer cycle lengths, or both. C > 20.0 and <35.0 Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, though many still pass through the intersection without stopping. Long traffic delays At level D, the influence of congestion becomes more noticeable. Longer delays may D > 35.0 and < 55.0 result from some combination of unfavorable progression, long cycle lengths, or high v/c ratios. Many vehicles stop and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. Very long traffic delays This level is considered by many agencies to be the limit of acceptable delay. These high E > 55.0 and < 80.0 delay values generally indicate poor progression, long cycle lengths and high v/c ratios. Individual cycle failures are frequent occurrences. Severe congestion This level, considered to be unacceptable to most drivers, often occurs with over saturation, that is, when arrival flow rates exceed the F > 80.0 capacity of the intersection. It may also occur at high v/c ratios below 1.0 with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing factors to such delay levels. to Source: HigMvay CapacityManual 6, Chapter 19: Signalized Intersections. 75A-434 12.2 Existing Plus Project Traffic Conditions — Caltrans Methodology Table 12-2 summarizes the existing plus project peak hour HCM level of service results at the two (2) state-controlled study intersections within the study area The first column (1) of HCM/LOS values in Table 12-2 presents a summary of existing traffic conditions. The second column (2) presents existing plus project traffic conditions. The third column (3) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fourth column (4) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.2.1 Existing Traffic Conditions Review of column (1) of Table 12-2 indicates that all two (2) state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.2.2 Existing Pius Project Traffic Conditions Review of columns (2) and (3) of Table 12-2 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 75A-435 12.3 Year 2019 Traffic Conditions — Caltrans Methodology Table 12-3 summarizes the Year 2019 peak hour HCM level of service results at the two (2) state- controlled study intersections within the study area. The first column (1) of HCM/LOS values in Table 12-3 presents a summary of existing traffic conditions. The second column (2) presents Year 2019 cumulative traffic conditions based on existing intersection geometry, but without any project generated traffic. The third column (3) presents future forecast traffic conditions with the addition of Project traffic. Column four (4) indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. The fifth column (5) presents the resultant level of service with the inclusion of recommended traffic improvements, where needed, to achieve an acceptable level of service. 12.3.1 Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) cumulative traffic conditions indicates that with the addition of ambient traffic growth and related projects traffic, both state-controlled study intersections currently operate an acceptable LOS C or better during the AM and PM peak hours. 12.3.2 Year 2019 Cumulative Plus Project Traffic Conditions Review of columns (3) and (4) of Table 12-3 indicates that traffic associated with the proposed Project will not significantly impact any of the two (2) state-controlled study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Appendix E presents the Caltrans level of service calculation worksheets for the two (2) state- controlled study intersections. 75A-436 \\)} / E{\ 2 2 2 2 § o 0 0 0 t) 4 ( \ e e e = } \ o 0 0 0 ) / E/\ \ 4 / \ e e e = \\ \\} \} ƒ w e ). 75A- 27 R 7 m p O i i i i rl py L U N a x „ H O e y e c O D U U U 7 O C M V F+ O rl = U 0 H M N N N V x y � e o O U O D U 7 C N V V .y u O t�, O O D U U U a L. L �Y H /ti U N N N N x 9 L 'O N N ti C ti O Y Y L x M v 75A-438 12.4 Recommended Improvements — Caltrans Methodology 12.4.1 Existing Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-2 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the "Existing Plus Project' traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 12.4.2 Year 2019 Plus Project Traffic Conditions The results of the Caltrans assessment presented previously in Table 12-3 shows that the proposed Project will not significantly impact either of the two (2) key study intersections under the "Year 2019 Plus Project' traffic scenario. Given that there are no significant project impacts, no improvements are required under this traffic scenario. 75A-439 13.0 ROADWAY SEGMENT EVALUATION Per City of Santa Ana requirements, this section of the report analyzes the daily operating conditions of the key roadway segment within the vicinity of the proposed Project. One (1) key roadway segment within the City of Santa Ana has been selected for evaluation and is listed below: A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) 13.1 Roadway Link Capacities Daily operating conditions for the one (1) key roadway segment (links) identified above have been investigated according to the daily volume -to -capacity (V/C) of each link. The daily V/C relationship is used to estimate the LOS of the roadway segment with the volume based on 24-hour traffic count data and the capacity based on the Orange County Master Plan of Arterial Highways (MPAH) street classifications. The daily and peak hour roadway link capacity of each street classification according to the Orange County MPAH is presented in Table 13-1, along with the six corresponding service levels and associated V/C ratios. 13.2 Roadway Link Level of Service Criteria According to the City of Santa Ana, LOS D is the minimum acceptable condition that should be maintained for roadway segments. However, the City of Santa Ana has defined exceptions to this criteria in major development areas where LOS E is considered acceptable. LOS "D" Requirements A. Tustin Avenue, between Fourth Street and First Street If the daily roadway V/C ratio results in unacceptable LOS conditions, a peak hour link analysis is conducted to determine if the roadway operates at a satisfactory service level during the peak hours. 75A-440 TABLE 13-1 ROADWAY LINK CAPACITIES" Level of Service Criteria With Associated Roadway Capacity Daily Values (VPD) Peak Hour Level of Service (LOS) Capacity Facility Number A B C D E F (VPH)12 Type of Lanes Principal 8-lanes divided 45,000 52,500 60,000 67,500 75,000 7,500 Major 6-lanes divided 33,900 39,400 45,000 50,600 56,300 5,630 Primary 4-lanes divided. 22,500 26,300 30,000 33,800 37,500 3,750 Divided Collector 2-lanes divided 9,000 12,000 15,000 20,000 22,000 2,200 Secondary 4-lanes undivided 15,000 17,500 20,000 22,500 25,000 2,500 Commuter 2-lanes undivided 7,500 8,800 10,000 11,300 12,500 1,250 V/CRatio <0.600 0.601-0.700 0.701-0.800 0.801-0.900 0.901-1.000 > 1.01 Notes: • VPD = veMcles per day • VPH = veMcles per hour 1. Source: Most cuff cut Orange County Master Plan of Arterial Highways. 12 Peak hour capacity based on 10% of the daily LOS "E capacity. 75A-441 13.3 Roadway Link Analysis Results 13.3.1 Existing Plus Project Analysis Table 13-2 summarizes the results of the Existing Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS "E" capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for "Existing" traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for "Existing Plus Project" traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Existing Traffic Conditions Review of column (4) of Table 13-2 indicates that the one (1) key roadway segment currently operates at LOS A. Existing Plus Project Traffic Conditions Review of column (5) of Table 13-2 indicates that the one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact. 75A-442 /{ » !§ E(( § « /) /\ \ § ` ;) E )$ } \� k\� ))j � ƒ « 75A- 42 13.3.2 Year 2019 Plus Project Analysis Table 13-3 summarizes the results of the Year 2019 Plus Project daily analysis for the one (1) key roadway segment. The first column (1) shows the number of lanes, the second column (2) shows the arterial classification and the third column (3) shows the existing LOS "E" capacity. The fourth column (4) shows the daily volume, V/C ratio and resulting level of service for "Year 2019 Cumulative" traffic conditions. The fifth column (5) shows the daily volume, V/C ratio and resulting level of service for "Year 2019 Cumulative Plus Project' traffic conditions and indicates whether the traffic associated with the Project will have an impact based on the LOS standards defined in this report. Year 2019 Cumulative Traffic Conditions An analysis of future (Year 2019) background traffic conditions indicates that the addition of ambient traffic growth and cumulative projects traffic will not adversely impact the one (1) key roadway segment. The one (1) key study roadway segment is forecast to continue to operate at acceptable LOS A on a daily basis with the addition of ambient traffic growth and cumulative projects traffic. Year 2019 Cumulative Plus Project Traffic Conditions Review of column (5) of Table 13-3 indicates that traffic associated with the proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 75A-444 ƒ{ » fk \ =z m ) ` E } )$ \} k\� a)/ \\j � \ * 75A- 45 14.0 SUMMARY OF FINDINGS AND CONCLUSIONS • Project Description — The Project site is comprised of two parcels and is currently occupied by an existing gas station building and car wash at 325 N. Tustin Avenue and a sit-down restaurant at 301 N. Tustin Avenue. The site is generally located south of Fourth Street and east of Tustin Avenue. Both properties are located in the Professional (P) zoning district. 301 N. Tustin Avenue has a General Plan land use designation of Professional & Administrative Office (PAO) and 325 N. Tustin has the General Plan land use designation of General Commercial (GC). As proposed, the Project requires approval of a general plan amendment to change the land use designation from PAO to GC, zone change from P to Commercial General (C2). The Project will include the development of an express car wash and a gas station convenience store at 301 and 325 N. Tustin Avenue, respectively. The Project would include construction of a 118.5-foot express car wash tunnel to replace a 4,200 SF sit-down restaurant and a 12 pump gas service station with a 3,040 SF convenience store to replace the existing gas station building and car wash. Please note that the proposed Project will provide internal access between the two parcels. • Study Scope — The following four (4) key study intersections and one (1) key roadway segment were selected for detailed peak hour and daily V/C / level of service analyses under Existing Traffic Conditions, Existing Plus Project Traffic Conditions, Year 2019 Cumulative Traffic Conditions and Year 2019 Cumulative plus Project: Key Study Intersections 1. Tustin Avenue at Fourth Sheet (Santa Ana) 2. Tustin Avenue at First Sheet (Tustin) 3. SR-55 SB Ramps at Fourth Street (Santa Ana/Caltrans) 4. Sr-55 NB Ramps at Fourth Street/Irvine Boulevard (Tustin/Calhans) Key roadway segment A. Tustin Avenue, between Fourth Street and First Street (Santa Ana) • Existing Traffic Conditions — Three (3) of the four (4) key study intersections currently operate at an acceptable level of service during the AM and PM peak hours for the Existing traffic conditions. The exception is SR-55 SB Ramps at Fourth Street, which currently operates at unacceptable LOS E during the AM peak hour. • Project Trip Generation — With the application of existing trip credits, the proposed Project is forecast to generate a new of 978 daily trips, a net of 50 (27 inbound, 23 outbound) AM peak hour trips, and a net of 86 (39 inbound, 47 outbound) PM peak hour trips. • Cumulative Projects Traffic Characteristics — Twenty-four (24) cumulative projects were considered as part of the cumulative background setting. The twenty-four (24) cumulative projects are forecast to generate 30,720 daily trips, with 2,501 trips (1,176 inbound, 1,325 75A-446 outbound) anticipated during the AM peak hour and 2,962 trips (1,506 inbound, 1,456 outbound) produced during the PM peak hour. • Existing Plus Project Traffic Conditions — The proposed Proj ect will not significantly any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. Although the intersection of SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic under the Existing Plus Project traffic conditions. • Year 2019 Cumulative Traffic Conditions Plus Project —Traffic associated with the proposed Project will not significantly impact any of the four (4) key study intersections, when compared to the LOS standards and significant impact criteria specified in this report. SR-55 SB Ramps at Fourth Street is forecast to operate at LOS E during the AM peak hour with the addition of Project traffic, the proposed Project is expected to add less than 0.010 to the ICU value. The remaining three (3) key study intersections are forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. • Site Access Assessment —The three (3) proposed Project driveways under near -term (Year 2019) traffic conditions at completion and full occupancy of the proposed Project. As shown, these key study intersections are forecast to operate at LOS C or better during the AM peak hour and PM peak hour. • Internal Circulation Evaluation — The on -site circulation was evaluated in terms of vehicle - pedestrian conflicts. Based on our review of the preliminary site plan, the overall layout does not create any unsafe vehicle -pedestrian conflict points and the driveway throating is sufficient such that access to parking spaces is not impacted by internal vehicle queuing/stacking. Curb return radii have been confirmed and are adequate for service/delivery trucks and trash trucks. The on - site circulation is very good based on our review of the proposed site plan, whereas the alignment, spacing, and throating of the Project driveways is adequate. The circulation around the buildings is adequate with sufficient sight distance along the drive aisles. • CMP Compliance Assessment —The proposed Project is expected to generate a net of 878 daily trips, and thus does not meet the criteria required for a CMP traffic analysis. Therefore, it is concluded that the proposed Project will not have any significant traffic impacts on the Congestion Management Program Highway System. • State of California (Caltrans) Analysis for Existing Plus Project Traffic Conditions— Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Existing Plus Project traffic conditions. 75A-447 State of California (Caltrans) Analysis for Year 2019 Plus Project Traffic Conditions— Based on the evaluation using Caltrans criteria, the proposed Project will not significantly impact either of the two (2) state-controlled study intersections. Both intersections are forecast to continue to operate at acceptable LOS C with the addition of project generated traffic under the Year 2019 Plus Project traffic conditions. • Existing Roadway Segment Evaluation — The one (1) key roadway segment currently operates at LOS A under Existing traffic conditions. • Existing Plus Project Roadway Segment Evaluation — The one (1) key roadway segment is forecast to continue to operate at an acceptable service level on a daily basis with the addition of Project generated traffic to existing traffic and will not have a significant impact. • Year 2019 Cumulative Plus Project Roadway Segment Evaluation —The proposed Project will not significantly impact the one (1) key roadway segment, when compared to the LOS standards specified in this report. The one (1) key roadway segment is forecast to continue to operate at an acceptable LOS with the addition of project generated traffic in the Year 2019. 75A-448 This page left blank intentionally. 75A-449 75A-450 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: APPROVE A GROUND LEASE AGREEMENT IN SUBSTANTIAL FORM WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR A PORTION OF CENTENNIAL PARK KNOWN AS THE SANTA ANA COLLEGE -SCHOOL OF CONTINUING EDUCATION {STRATEGIC PLAN NO. 5, 4A} 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 /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION Authorize the City Manager to execute a ground lease agreement in substantial form between the City of Santa Ana and Rancho Santiago Community College District for continued use of a portion of Centennial Park for the Santa Ana College -School of Continuing Education for a period of 85 years from October 16, 2019 to October 15, 2104, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On November 5, 1979, the City Council approved a 30-year License Agreement with Rancho Santiago Community College District (College) to construct and operate an Adult Career Education Center (Center) at Centennial Park. The original 30-year agreement was set to expire on November 5, 2009 and the parties, under the same conditions, agreed upon a 5-year extension of the license in 2009 and again in 2014. On March 5, 2019, the City Council approved a two-year license agreement extension with the College expiring November 5, 2021. The College provides the residents of Santa Ana a unique educational resource offering adult high-school diplomas, citizenship classes, English as a second language and a multitude of technical career training programs. Approximately 80% of students are also residents of our City. The campus is made up of portables that have exceeded their useful lives. During the past several years, the College has requested a long-term license agreement in order to make substantial improvements to the campus. However, the National Park Service (NPS) would not approve a long-term license agreement because they found that the operation of the Center did not comply with the deed restrictions for the land upon which the College is located in Centennial Park. The deed restrictions provide that the property must be used for a public park and public recreational area despite the operation of the College for several decades. To allow for the long 75B-1 Approval of Ground Lease Agreement with Rancho Santiago Community College District October 15, 2019 Page 2 term continuation of the College and to facilitate substantial investment by the College, the City began the process required by NPS to secure a long-term lease. That process required the replacement of equivalent park land. During the license agreement extensions, the College and City entered into two separate reimbursement agreements in which the College would reimburse the City up to $634,000 for the needed land conversion to meet the NPS's requirements. The replacement of the equivalent parkland was the final step to complete the documentation for submittal to NPS, if approved, the deed conditions for the land upon which the Center is located would be transferred to the new replacement parks sites. The conversion involves the construction and operation of replacement parklands in lieu of 2.6- acre, the size of the site leased to Rancho Santiago Community College District in Centennial Park. The replacement parklands include three park sites, the 6th Street Site, Raitt Street Site, and McFadden Site/Pacific Electric Park. The City constructed Pacific Electric Park on the McFadden Site, and the Pacific Electric Park opened in January 2018. Therefore, the remaining work involves construction and operation of two replacement parks on the 6th Street Site and the Raitt Street Site in the City of Santa Ana. Concurrent with this process the College is taking steps to undertake a bond issue of which a portion of the proceeds, approximately $50 million would be invested in the education center at Centennial Park. Due to the short timeframe to place the bond issue out for consideration to the voters, the College is seeking the finalization of a long term lease. The terms of the lease would be similar to the terms of the current and previous license agreements, with the following distinct differences: The 85-year lease term would be conditioned upon the NPS approval of the lease or of a land conversion related to the deed restrictions. The lease term would also be contingent on substantial capital investment commenced within a specified time period. The new campus will provide for a community benefit in the form of a community meeting room, a branch library and classrooms. A one-time capital contribution of no less than one million ($1,000,000). The share of operation and maintenance costs of common area will increase from 7.4% to 25%. 75B-2 Approval of Ground Lease Agreement with Rancho Santiago Community College District October 15, 2019 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds received from the College will be deposited into the Parks, Recreation and Community Services Agency -Rancho Santiago Reimbursement revenue account (no. 01113002-57304). Lisa Rudloff Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibit: 1. Ground Lease with Rancho Santiago Community College District 2. Diagram of Education Center 75B-3 EXHIBIT 1 GROUND LEASE WITH RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT FOR A PORTION OF CENTENNIAL PARK KNOWN AS THE SANTA ANA COLLEGE -SCHOOL OF CONTINUING EDUCATION Preamble and Recitals This lease is entered into on October 15, 2019 by and between, Rancho Santiago Community College District ("District") and the City of Santa Ana, a municipal corporation of the State of California ("City"). Collectively referred to as "the Parties." A. City if the owner of real property in the City of Santa Ana, County of Orange, State of California, commonly known as the Santa Ana College -School of Continuing Education located at City's Centennial Park ("Park") at 2900 West Edinger Avenue, in Santa Ana, California described on Exhibit "A," which is attached and made part of this lease (referred to in this lease as "the Premises"). B. District desires to lease the Premises for the purpose of operating an educational center. C. District previously operated its education center at the property pursuant to a license agreement between the parties. Said license agreement began on November 5, 1979 and included District erecting buildings on the Premises owned by the City. Said license agreement will expire upon the Commencement Date of this lease. D. The Parties agree that this lease is conditioned upon District making improvements, including significant improvements, for the public benefit, to the Premises during the term of this lease. E. The Parties agree that this lease is conditioned upon the National Park Service's approval of the lease or approval of a land conversion related to deed restrictions on the property. ARTICLE 1: LEASE OF PREMISES AND TERM OF LEASE Agreement to Lease Section 1.01. For and in consideration of the fees to be paid and covenants to be performed by District under the lease, City agrees to lease the Premises to District, and District agrees to lease the Premises from City, on the terms and conditions set forth in this lease. Except as expressly otherwise provided in this lease, "the Premises" includes the real property plus any appurtenances and easements described in Exhibit "A" of this lease, including any and all improvements now or subsequently located on the Premises, notwithstanding that any Improvements may or shall be construed as affixed to and as constituting part of the described Premises, and without regard to whether ownership of the Improvements is in City or District. #iznazVz 75B-4 EXHIBIT 1 Term of Lease Section 1.02. The term of this lease shall be for a period of eighty-five (85) years commencing on October 16, 2019 ("Commencement Date"), and terminating on October 15, 2104, unless terminated earlier as provided in this lease. ARTICLE 2: FEES Operation and Maintenance Fees Section 2.01. During the term of this lease, District agrees to pay to City, on a quarterly basis, twenty-five percent (25%) of the operation and maintenance expenses incurred by City in caring for the access roads, parking areas and other infrastructure improvements in the Park required to be maintained by the City which are used in common both by park visitors and by college employees, faculty and students. Costs payable by the District under this Section 2.01 shall be payable in equal installments on January 1, April 1, July 1, and October 1, the first payment due under this lease would be January 1, 2020, subject to the City's issuance of the Estimated Statement required by Section 2.02 below. All such costs, and any fees required under this lease shall be paid to City at 20 Civic Center Plaza, P.O. Box 1988, Santa Ana, California, 92701, Attention: Executive Director or Parks, Recreation and Community Services Agency, or any other place or places that City may designate by written notice to District. Estimated Statements of Annual Costs Section 2.02. On an agreed upon date annually during the term of this lease, the City shall deliver to the District the City's good -faith estimate of the costs that will be payable by the District for the upcoming year pursuant to Section 2.01 above ("Estimated Statement"). Annual Reconciliation of Costa Section 2.03. After year end of each year during the term of this lease, the City shall deliver to the District a statement of the actual costs owing by the District under Section 2.01 above for the preceding year ("Reconciliation Statement"). If the Reconciliation Statement reveals that the District's share of those costs is more than the total additional rent paid by the District for the prior year's Section 2.01 costs, the District agrees to pay the City the difference in a lump sum within forty-five (45) days of receipt of the Reconciliation Statement. If the Reconciliation Statement reveals that the District's actual share of those costs is less than the total additional rent paid by tenant for such prior year's costs, the City will credit any overpayment toward the next monthly installment(s) of rent. #iznazVz 75B-5 EXHIBIT 1 District's Audit Rights Section 2.04. If the District questions any Reconciliation Statement, it shall have the right, at any time within three (3) years after delivery thereof to the District, to request in writing copies of backup documentation reasonably sufficient to support the disputed item(s) in the Reconciliation Statement, which the City shall provide within a reasonable time (not to exceed thirty [30] days) after the City receives the District's written request. The District's right to request backup documentation shall not entitle the District to withhold, delay or offset against any payment of costs or any other charge owing under the lease pending resolution of the dispute. If the City and the District are unable to resolve the dispute within thirty (30) days after the District receives the requested supporting documentation, or if the City fails to timely deliver such documentation, then the District shall have the right, after reasonable notice and at reasonable times, to inspect and photocopy the City's accounting records at a location in the City of Santa Ana, California, mutually acceptable to the District and the City. If, after such inspection and photocopying, the District continues to dispute the amount of the costs attributable to the District pursuant to the Reconciliation Statement, then the District shall be entitled to retain a certified public accountant to audit and/or review the City's records to determine the proper amount of the District's proportionate share of the costs at issue. If such audit or review reveals that the City has overcharged the District, then the City shall either immediately credit the overpayment against the next installment(s) of rent due, or else refund the overpayment to the District within forty-five (45) days after the receipt of the results of the audit. No Partnership or Joint Venture Section 2.05. Nothing in this lease shall be construed to render City in anyway or for any purpose a partner, joint venture, or any associate in any relationship with District other than that of City and District, not shall this lease be construed to authorize either to act as agent for the other. ARTICLE 3: USE OF THE PREMISES Permitted Use Section 3.01. District shall use the Premises solely for the purpose of operating and maintaining (subject to District's agreement to make certain improvements set forth in this Lease) District's School of Continuing Education located on the Premises. The City and District each acknowledges and understands that certain obligations under this lease are contingent upon the approval of the National Parks Service of said lease or in the alternate the approval of a land conversion by the National Parks Service. If neither is obtained, the City and District will terminate the lease on a schedule acceptable to both parties and in accordance with direction #iznazVz 75B-6 EXHIBIT 1 from the National Parks Service. District shall not change the use of the Premises without first obtaining the written consent of the City. District shall use its best efforts to use and permit Use of the Premises for purposes permitted by this Section 3.01. Compliance with Laws Section 3.02. District shall, at District's own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, both federal and state and county or municipal, including those requiring capital improvements to the Premises or Improvements, relating to any use and occupancy of the Premises (and specifically not limited to any particular use or occupancy by District), whether those statutes, ordinance, regulations, and requirements are now in force or are subsequently enacted. If any license, permit or other governmental authorization is required for lawful use or occupancy of the Premises or any portion of the Premises, District shall procure and maintain it throughout the term of this lease. To the extent that the City itself is the entity issuing such licenses, permits or other authorizations, the City agrees to work in good faith with the District to issue those permits as promptly as possible pursuant to the City's usual and customary practices and procedures for issuance of such licenses, permits, or authorizations, compliance with the Municipal Code, City Charter and applicable laws. The judgment of any court of competent jurisdiction, or the admission by District in a proceeding brought against District by any government entity, that District has violated any such statute, ordinance, regulation or requirement shall be conclusive as between City and District and shall constitute grounds for termination of this lease by City. Prohibited Use Section 3.03. District shall not use or permit the Premises or any portion of the Premises to be improved, developed, used or occupied in any manner or for any purpose that is in any way in violation of the deed restrictions on the Premises (unless or until they are removed), any valid law, ordinance, or regulation of any federal, state, county or local governmental agency, body, or entity. District shall not make improvements unless said improvements are set forth herein this lease or agreed upon in writing by the parties prior to District beginning improvements. Furthermore, District shall not maintain, commit, or permit the maintenance or commission of any nuisance as now or hereafter defined by any statutory or decisional law applicable to the Premises or any part of the Premises. ARTICLE 4: TAXES AND UTILITIES District to Pay Taxes Section 4.01. To the extent that there are any, District shall pay during the term of this lease, without abatement, deduction, or offset, any and all real and personal property taxes, general and special assessments, and other charges (including any increase caused by a change in the tax rate or by a change in assessed valuation) of any description levied or assessed during #iznazVz 75B-7 EXHIBIT 1 the term of this lease by any governmental agency or entity on or against the Premises, the Improvements located on the Premises, personal property located on or in the Premises or Improvements, and the leasehold estate created by this lease. Tax Hold Harmless Clause Section 4.02. District shall indemnify and hold City and City's property, including the Premises, and any improvements now or subsequently located on the Premises, free and harmless from any liability, loss or damage resulting from any taxes, assessments, or other charges required by this Article to be paid by District and from all interest, penalties, and other sums imposed thereon and from any sales or other proceedings to enforce collection of any such taxes, assessments or other charges. Utilities Section 4.03. District shall pay or cause to be paid, and hold City and City's property including the Premises free and harmless from, all charges for the furnishing of gas, water, electricity, telephone service, and other public utilities to the Premises during the lease's term and for the removal of a garbage and rubbish from the Premises during the term of this lease. All such utilities shall be separately metered to the Premises. Payment by City Section 4.04. Should District fail to pay within the time specified in this Article any taxes, assessments, or other charges required by this Article to be paid by the District, City may, without notice to or demand on District, pay, discharge, or adjust that tax, assessment, or other charge for the benefit of District. In that event, District shall promptly on written demand of City reimburse City for the full amount paid by City in paying, discharging, or adjusting that tax, assessment or other charge together with interest thereon at the then -maximum legal rate from the date of payment by City until the date of repayment by District. If this Article does not specify the time within which District must pay any charge required by this Article, District shall pay that charge before it becomes delinquent. ARTICLE 5: IMPROVEMENTS BY DISTRICT Previous Improvements Section 5.01. The parties agree that pursuant to the previous license agreement between the parties, certain buildings and structures were built on the Premises. The terms of the previous license agreement between the parties provided that District had a duty to remove the structures or buildings from the property at the termination or expiration of the license and that, if District did not, the title of those buildings and structures would pass to the #iznazVz 75B-8 EXHIBIT 1 City. The parties agree that these improvements, for purposes of this lease, will be called "Previous Improvements," and that title for those Previous Improvements will remain with the District during the term of this lease but will automatically transfer to City upon expiration or termination of this lease. District agrees to execute, acknowledge, deliver to City any instrument requested by City as necessary in City's opinion to perfect City's right, title, and interest to the Previous Improvements and the Premises. Duty to Make Significant Improvements Section 5.02. District shall, at District's sole cost and expense, make Significant Improvements such as replacement of buildings on the Premises for the benefit of the users of the college campus located thereon, in the manner and according to the terms and conditions of this Article. The parties will mutually determine the nature of the Significant Improvement within four and one half (4'/:) years of the commencement date of this lease (April 15, 2024). District agrees to include improvements on the Premises, of which shall be for the joint use of the District and the City. These improvements include a branch library; a community room; and classrooms for recreational, physical fitness and other community service classes, such as yoga, dance, and similar subjects. The parties agree that it is their belief and intention that the Improvements will increase the appeal and use of the park by the public. The parties agree that these Improvements do not change the ownership of the Park and that the Improvements do not create a property interest of any kind for District in the Park. Where applicable, District will comply with the following terms: a) If the Significant Improvements meets the threshold of the City's Community Workforce Agreement in effect as of the date of this lease ("CWA"), District will comply with the terms of the CWA; and b) If required by law, District will pay prevailing wages as part of the construction contracts for the Significant Improvements. c) All Improvements, including Significant Improvements, will comply with City building standards, parking requirements, the Santa Ana Municipal Code, and Santa Ana City Charter; and d) District will comply with the California Environmental Quality Act ("CECIA") for any Significant Improvements. Duty to Make Capital Improvement Contribution Section 5.03. In addition, the District shall make a one-time capital contribution in an amount no less than one million dollars ($1,000,000) for improvement of adjacent areas to the campus, which may include sidewalks, landscaping, surface parking lots, or similar items. #iznazVz 75B-9 EXHIBIT 1 Requirement of City's Written Approval Section 5.04. No structure or improvement of any kind shall be constructed on the Premises unless and until the plans, specifications, and proposed location of that structure or improvement has been approved in writing by City. Furthermore, no structure or other improvement shall be constructed on the Premises that does not comply with plans, specifications and locations approved in writing by City. Preparation and Submission of Plans Section 5.05. District shall, at District's own cost and expense, engage a licensed architect or engineer to prepare plans and specifications for the Significant Improvements: a) District shall submit the following to City for approval by the date which is the later of (i) five (5) years after the commencement of this lease or (ii) three (3) years after approval by the National Parks Services of the land conversion identified in Section 3.01 above: 1. Two copies of drawings and materials in the form of plans, elevations, sections and rendered perspectives sufficient to convey the architectural design of the significant improvements to City. 2. Two copies of the estimated construction costs for the significant improvements prepared by the engaged architect or engineer. b) Within 30 days after approval by City of the items specified in subsection a) of this Section and the obtaining by District of any discretionary approvals required for the Significant Improvements, District shall provide two copies of the following to City: 1. Detailed working drawings, plans and specifications for the significant improvements; and 2. A revised statement of estimated construction costs for the significant improvements prepared by the engaged architect or engineer. City's Approval or Rejection of Plans Section 5.06. Within 30 days after receipt by City of any documents submitted to City for approval under Section 5.05 of this lease, City shall either approve those documents or City shall give written notice to District of any objections City may have to those documents. Notwithstanding the foregoing, the City acknowledges that both the design and the manner of construction of classrooms and other community college facilities is governed by The Field Act (as codified in the California Education Code) and is subject to approval by the California Department of General Services' Division of the State Architect ("DSA"); the City agrees that it shall not disapprove any design element or construction specifications which are required by the Field Act or the DSA. City's failure to given written notice to District within 30 days of #iznazVz 75B-10 EXHIBIT 1 submittal of documents to City shall constitute approval of the documents by City (on design but not for purposes of any required submissions for discretionary approvals, permits, entitlements, and similar approvals legally required from City as a public entity approving or denying said Significant Improvements. Within 30 days after service on District of the written notice of City's objections, District may deliver corrective amendments to the documents to City and City shall, within 30 days after receiving the corrective amendments, serve written notice on District of City's approval or rejection of the documents as so amended. Failure of City to serve written notice on District within that 30 day period after receipt of the corrective amendments shall constitute approval by City of the documents as so amended. Changes in Plans Section 5.07. After approval by City of the documents pertaining to the Significant Improvements described in Section 5.02 of this lease, any substantial change in the plans or specifications for the Significant Improvements shall be approved by the City. For purposes of this Section, "substantial change" means one that materially changes the exterior appearance of the significant improvements or one that results in a decrease in construction costs of 25%or more. City's failure to given written notice to District of any objections City may have to any proposed changes within 30 days after a written statement if the proposed changes has been given to City by District shall constitute City's approval of the changers. Minor changes in work or materials not constituting a substantial change need not be approved by City but a copy of the altered plans and specifications reflecting those changes shall be given to City. All Work on Written Contract Section 5.08. All work required in the construction of the Significant Improvements, including any site preparation work, landscaping work, and utility installation work, as well as actual construction work on the significant improvement, shall be performed only by competent contactors licensed under the laws of the State of California and shall be performed in accordance with written contracts with those contractors. Each such contract shall provide that the final payment under the contract due to the contractor shall be in an amount equaling at least five percent (5%) of the full amount payable under the contract and shall be paid to contractor (subject to the District's right to withhold disputed amounts) not later than sixty (60) days after the date of completion. Performance and Lien Bonds Section 5.09. Each contractor engaged by District to perform any services for construction of the Significant Improvement including any construction, site preparation, utility installation, landscaping, or parking lot construction services, shall furnish to District, who shall deliver copies of both of the following to City, at the contractor's own expense at the time of entering a contract with District for those services: #iznazVz 75B-11 EXHIBIT 1 a) A bond issued by a corporate surety authorized to issue surety insurance in California in an amount agreed upon by the parties ) securing the faithful performance by the contractor of its contract with District; b) A bond issued by a corporate surety authorized to issue surety insurance in California in an amount equal to one hundred percent (100%) of the contract provide payable under the contract securing the payment of all claims for the performance of labor or services on, or the furnishing of materials for, the performance of the contract. Compliance with Laws and Standards Section 5.10. The Significant Improvements shall be constructed, all work on the Premises shall be performed, and all buildings, or other improvements on the Premises shall be erected in accordance with all valid laws, ordinances, regulations, and orders of all federal, state, county, or local governmental agencies or entities having jurisdiction over the Premises. This includes compliance with City building standards, parking requirements, and where applicable CEQA ; provided, however, that any structure or other Improvement erected on the Premises, including the Significant Improvements, shall be deemed to have been constructed in full compliance with all such valid laws, ordinances, regulations and orders when a valid final Certificate of Occupancy allowing for occupancy and use of the structure or other improvements have been duly issued by proper governmental agencies or entities. All work performed on the Premises under this lease, or authorized by the lease, shall be done in a good workmanlike manner and only with new materials of good quality and high standard. Time for Commencement of Construction Section 5.11. District shall cause construction of the Significant Improvements to be commenced no later than seven (7) years after commencement of the lease (October 16, 2026). In the event that, District fails to commence construction of the Significant Improvements on or before the seventh year after the commencement of the lease (October 16, 2026), City will provide 1 years' worth of notice in writing to District of the termination of this lease. Said notice may be revoked by City in the event that, District causes construction of the Significant Improvements to be commenced no later than eight (8) years after commencement of the lease (October 16, 2027). Time for Completion of Construction Section 5.12. District shall complete construction of each of the Significant Improvements no later than twelve (12) years after commencement of this lease. Completion of construction shall be evidenced by issuance of a Certificate of Occupancy(s) or final approval of building permits if a Certificate of Occupancy is not required. City may agree to extend the time for completion of the Significant Improvements in writing for good cause. #iznazVz 75B-12 EXHIBIT 1 Mechanics Lien Section 5.13. At all times during the term of this lease, District shall keep the Premises and all Improvements now or hereafter located on the Premises free and clear of all liens and claims of liens for labor, services, materials, supplies, or equipment performed on or furnished to the Premises. Should District fail to pay and discharge or cause the Premises to be released from any such lien or claim of lien within thirty (30) days after service on District of written request from City to do so, City may pay, adjust, compromise and discharge any such lien or claim of lien on any terms and in any manner that City may deem appropriate. In that event, District shall on or before the first day of the next calendar month following any such payment by City, reimburse City for the full amount paid by City in paying, adjusting, compromising, payment by City, reimburse City for the full amount paid by City in paying, adjusting, compromising, and discharging that lien or claim of lien, including any attorneys' fees or other costs expended by City together with interest at the then -maximum legal rate from the date of payment by City to the date of repayment by District. Zoning and Use Permit Section 5.14. Should District deem it necessary or appropriate to obtain any use permit, variance, or entitlements of the Premises to construct significant improvements, City agrees to execute any documents, petitions, applications, and authorizations that may be necessary or appropriate to construct Significant Improvements. Any permits, variances, entitlements, and/or plans necessary to construct Significant Improvements shall be obtained at the sole cost and expense of District and District agrees to protect and save City and the property of City, including the Premises, free and harmless from any cost or expense. Ownership of Improvements Section 5.15. With the exception of Previous Improvements discussed in Section 5.01, title to all Improvements, including Significant Improvements, to be constructed on the Premises by District shall be owned by City unless expressly agreed in writing by the parties. District agrees to execute, acknowledge, deliver to City any instrument requested by City as necessary in City's opinion to perfect City's right, title, and interest to the improvements, including Significant Improvements. ARTICLE 6- ENCUMBRANCE OF LEASEHOLD ESTATE Section 6.01. District shall not encumber the leasehold estate under this lease without the express written permission of City, which permission shall not be unreasonably withheld. #iznazVz 75B-13 EXHIBIT 1 ARTICLE 7- REPAIRS AND RESTORATION Maintenance by District Section 7.01. At all times during the term of this lease District shall, at District's own cost and expense, keep and maintain the Premises, all improvements, and all appurtenances (including landscaped and parking areas) now or hereafter on the Premises in a first-class condition, in good order and repair, and in a safe and clean condition. Requirements of Government Agencies Section 7.02. At all times during the term of this lease, District, at District's own cost and expense, shall do all of the following: a) Make all alterations, additions, repairs to the Premises or the improvements on the Premises, required by any valid law, ordinance, statute, order or regulation now or hereafter made or issued by any federal, state, county, local or other governmental agency or entity. Notwithstanding the foregoing, if the City is the entity imposing such law, ordinance, statute, order or regulation, the District's obligations hereunder shall apply only to those which are consistent with the Premises' zoning, City building standards or are applicable to all properties within the City b) Observe and comply withal[ valid laws, ordinances, statutes, orders and regulations now or hereafter made or issued by governmental authorities other than the City respecting the Premises or the improvements. c) Contest if District, in District's sole discretion, desires by appropriate legal proceedings brought in good faith and diligently prosecuted in the name of the District, or in the names of District and City where appropriate or required, the validity or applicability to the Premises of any law, ordinance, statute, order, or regulation now or hereafter made or issued by any federal, state, county, local or other governmental agency or entity; provided, however, that any such contest or proceeding, through maintained in the names of District and City, shall be without cost to City, and District shall protect the Premises and City from District's failure to observe or comply during the contest with the contested law, ordinance, statute, order or regulation; and d) Indemnify and hold City and the property of City, including the Premises, free and harmless from any and all liability, loss, damages, fines, penalties, claims, actions resulting from District's failure to comply with and perform the requirements of this section. District's Duty to Restore Premises Section 7.03. If at anytime during this lease's term, any Improvement(s) or Previous Improvements for which District holds title, now or hereafter on the Premises are destroyed in #iznazVz 75B-14 EXHIBIT 1 whole or in part by fire, theft, the elements, or any other cause not the fault of the City, this lease shall continue in full force and effect and District, at District's own cost and expense, shall repair and restore the damaged Improvements or Previous Improvements. a) Any restoration by District of the Improvement(s) shall comply with the original plans for the improvements described in Article 5, except as (i) modified by District and approved in writing by City or (ii) required by the DSA, the Field Act, or other applicable law. Any restoration by District of Previous Improvements under the previous 1979 license between the parties shall comply with the original project approvals except that any currently applicable code updates shall be made, except as otherwise modified by District and approved in writing by City. b) The work of repair and restoration shall be commenced by District within ninety (90) days after the damage or destruction occurs and shall be completed with due diligence not later than two years after the work commenced or a date mutually agreed upon in writing by the parties. In all other respects, the work of repair and restoration shall be done in accordance with the requirements for original construction work on the whether or not funds are available from insurance proceeds. Application of Insurance Proceeds Section 7.04. Any and all fire, casualty, or other insurance proceeds that become payable at any time during the term of this lease because of damage to or destruction of any improvements for which District holds title, on the Premises shall be paid to District and applied by District toward the cost of repairing and restoring the damaged or destroyed improvements, in the manner required by Section 7.03 of this lease. ARTICLE 8- INDEMNITY AND INSURANCE Indemnity Agreement Section 8.01. District shall indemnify and hold City and City's property, including the Premises, now or hereafter on the Premises, free and harmless from any and all liability claims, loss, damages, or expenses resulting from District's occupation and use of the Premises, specifically including, without limitation, any liability, claim, loss, damage, or expense arising by reason of the following: a) The death or injury of any person, including District or any person who is an employee, board member, official, agent of District, or any invitee to the property by District or by reason of the damage to or destruction of any property owned by District or by any person who is an employee or agent of District, from any cause whatever while that person or property is in or on the #iznazVz 75B-15 EXHIBIT 1 Premises or in any way connected with the Premises or with any of the Improvements or personal property on the Premises; b) Any work performed on the Premises or materials furnished to the Premises at the instance or request of District or any person or entity acting for or on behalf of District; or c) District's failure to perform any provision of this lease or to comply with any requirement of law or any requirement imposed on District or the Premises by any duly authorized governmental agency or political subdivision. Liability Insurance Section 8.02. District shall, at District's own cost and expense, procure and maintain during the entire term of this lease a broad form comprehensive coverage policy of public liability insurance issued by an insurance company licensed by the State of California insuring District and City against loss of liability caused by or connected with District's occupation and use of the Premises under this lease in amounts not less than the following: a) District 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 District's operations in the performance of this lease, 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 which is customary and agreed upon by the parties. 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 insureds provisions. b) Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. c) Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, the District, is required to be insured against liability for worker's compensation or to undertake self-insurance. d) The following requirements apply to the insurance to be provided by the District pursuant to this section: 1. The District shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. #iznazVz 75B-16 EXHIBIT 1 2. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. 3. The District shall supply City with a fully executed additional insured endorsement. Fire and Casualty Insurance Section 8.03. District shall, at District's own cost and expense, at all times during the term of this lease, keep all Improvements on the Premises, including Previous Improvements, insured for their full replacement value by insurance companies authorized to do business in the State of California against loss of destruction by fire and the perils commonly covered under the standard extended coverage endorsement to fire and earthquake insurance policies in the county where the Premises are located. Specific Perils to Be Insured Section 8.04. Notwithstanding anything to the contrary contained in Section 8.03 of this lease, the insurance required by Section 8.03 of this lease shall, whether or not included in the standard extended coverage endorsement referred to in Section 8.03, insurance all improvements, including significant improvements, on the Premises against loss of destruction by earthquake, flood, windstorm, cyclone, tornado, hail, explosion, riot, civil unrest, malicious mischief, vandalism, aircraft, fire, smoke damage, and sprinkler leakage. Furthermore, the insurance required by Section 8.03 of this lease during the construction of the significant improvements described in Article 5 shall include coverage for course of construction, vandalism, and malicious mischief, insuring the significant improvements during its construction and all materials delivered to the site of the significant improvements for their full insurable value. Deposit of Insurance with City Section 8.05. District shall, within 10 days after the commencement of the lease and promptly thereafter when any such policy is replaced, rewritten, or renewed, deliver to City a true and correct copy of each insurance policy required by this lease or a certificate of insurance from an authorized agent of the insurance companies, providing evidence of the coverages required by this lease. Failure to provide the insurance policies or a certificate of insurance as specified in this Section is grounds for immediate termination of the lease. Notice of Cancellation of Insurance Section 8.06. 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. #iznazVz 75B-17 EXHIBIT 1 ARTICLE 9-CONDEMNATION Total Condemnation Section 9.01. If, during the term of this lease, fee title to all of the Premises or to all of the improvements, including significant improvements, or the entire leasehold estate of District is taken under the power of eminent domain by an public or quasi -public agency or entity ("total taking"), this lease shall terminate as of 12:01 a.m. on whichever of the following occurs first: (1) the date legal title becomes vested in the agency or entity exercising the power of eminent domain; or (2) the date actual physical possession is taken by the agency or entity exercising the power of eminent domain. Thereafter, both City and District shall be released from all obligations under this lease, except those specified in Section 9.05. Partial Taking -Improvements Section 9.02. If at anytime during the term of this lease a taking occurs that is less than a total taking and affects the rentable portion of the improvements on the Premises, all compensation and damages payable for that taking shall be made available to and used, to the extent reasonably needed, by District to repair any portion of the remaining rentable portion of the Improvements damaged by the taking and to replace the rentable portion of the Improvements taken with other new rentable space on the portion of the Premises not taken, provided that replacement is then permitted by existing law. Plans and specifications for the replacement rental space must be compatible, in terms of architecture and quality of construction, with the Improvements not taken and must be first approved in writing by City. Notwithstanding anything to the contrary in this Section, if the rentable portion of the Improvements taken by eminent domain results in a net loss of fifty percent (50%) or more of the area of the Premises that can, after considering any replacement rentable space that can be lawfully constructed on the remaining portion of the Premises and paid for by the condemnation proceeds, be devoted to rentable space as compared with the area devoted to that rentable space immediately before the taking, District may terminate this lease in the manner prescribed in Section 9.03 of this lease. Moreover, the District may also terminate this lease in the manner prescribed in Section 9.03 if, in the District's reasonable opinion, the number of parking spaces taken by eminent domain deprives the Premises of sufficient parking necessary for the operation of the college upon the Premises. Termination for Partial Taking Section 9.03. District may terminate this lease for the reasons stated in Section 9.02 of this lease, by serving written notice of termination on City within sixty (60) days after District has received from City or from the condemning authority written notice of an intended taking that sets forth the extent and scope of the intended taking. If District elects to terminate this lease, the effective date of the termination shall be the earlier of (1) the date of termination #iznazVz 75B-18 EXHIBIT 1 specified in District's notice to City or (2) the date the condemning authority takes physical possession of the portion of the Premises taken by eminent domain. On termination of this lease under this Section, the Premises shall be delivered to City free and clear of all encumbrances. Condemnation Award Section 9.04. Any compensation or damages awarded or payable because of the taking of all or any portion of the Premises by eminent domain shall be allocated between City and District as follows: a) All compensation or damages awarded or payable for the taking by eminent domain or any land that is part of the Premises shall be paid to and be the sole property of City, free and clear of any claim of District or any person claiming rights to the Premises through or under District. b) All compensation or damages awarded or payable because of any improvements, including significant improvements constructed or located on the portion of the Premises taken by eminent domain when only a portion of the Premises is taken by eminent domain and District is not entitled to or does not terminate this lease shall be applied in the manner specified in Section 9.02 or Section 9.03 toward the replacement of those improvements, including significant improvements, with equivalent new improvements, including significant improvements, on the remaining portions of the Premises. c) All compensation or damages awarded or payable because of the improvements constructed or located in the portion of the Premises taken by eminent domain when this lease is terminated because of the taking by eminent domain, whether all or only a portion of the Premises is taken by eminent domain, shall be allocated between District and City as follows: 1. That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, not expired shall belong to and be the sole property of the District. 2. That percentage of the compensation or damages awarded or payable because of the improvements that equals the percentage of the full term of this lease that has, at the time of the taking, expired shall belong to and be the sole property of City. 3. The term "time of taking" as used in this subparagraph shall means 12:01 a.m. of whichever of the following shall first occur: the date that title, the date that physical possession of the portion of the Premises on which the improvements are located, is taken by the agency or entity exercising the eminent domain power. #iznazVz 75B-19 EXHIBIT 1 d) Any severance damages awarded or payable because only a portion of the Premises is taken by eminent domain shall be equally divided, except to the extent needed to replace and improvements taken by eminent domain with equivalent improvements on the remaining portion of the Premises when District cannot or does not terminate this lease, between City and District. Rent Abatement for Partial Taking Section 9.04. If title and possession of only a portion of the Premises is taken under the power of eminent domain by any public or quasi -public agency or entity during the term of this lease and District does not or cannot terminate this lease, then this lease shall terminate as to the portion of the Premises taken under eminent domain as of 12:01 a.m. on whichever of the following first occurs: the date title is taken, or the date actual physical possession of the portion taken by eminent domain is taken, by the agency or entity exercising the eminent domain power. Furthermore the rent payable under this lease shall, as of that time, be reduced in the same proportion that the value of the portion of the Premises taken by eminent domain bears to the full value of the Premises at that time provided, however, that District shall, subject to the provisions of this lease, replace any improvements or facilities on the remaining portion of the Premises and do all other acts at District's own cost and expense required by the eminent domain taking to make the remaining portion of the Premises fit for the uses specified in this lease. Voluntary Conveyance in Lieu of Eminent Domain Section 9.05. A voluntary conveyance by City of title to all or a portion of the Premises to a public or quasi -public agency or entity in lieu of any under threat by that agency or entity to take it by eminent domain proceedings shall be considered a taking of title to all or any portion of the Premises under the power of eminent domain subject to the provisions of this Article. ARTICLE 10- ASSIGNMENT AND SUBLEASING No Assignment without City's Consent Section 10.01. District may not assign this lease without the prior approval of City, which approval shall not be unreasonably withheld. District's Right to Sublease Section 10.02. District may not sublease the Premises without prior approval of the City, which approval shall not be unreasonably withheld. #iznazVz 75B-20 EXHIBIT 1 ARTICLE 11-TERMINATION OF LEASE IF PROPERTY RETAKEN BY FEDERAL GOVERNMENT Termination if Property Retaken by Federal Government Section 11.01. It is understood that title to the Premises and surrounding area of Centennial Park was conveyed to the City by Quitclaim deed from the United States of America, and if, for any reason whatsoever, the federal government should retake possession of the property, City shall not be liable to District in any way whatsoever on account thereof. ARTICLE 12-DEFAULT AND REMEDIES Continuation of Lease in Effect Section 12.01. Should District breach this lease and abandon the Premises before the natural expiration of the lease's term, City may continue this lease in effect by not terminating District's right to possession of the Premises, in which event City shall be entitled to enforce all of City's rights and remedies under this lease, including the right to recover the rent specified in this lease as it becomes due under this lease. Termination and Unlawful Detainer Section 12.02. In the event of a default by District which remains uncured by the end of any and all applicable cure periods, City may terminate this lease by providing one year's written notice to the District and/or utilize any or all legal options available to City. Breach and Default by District Section 12.03. All covenants and agreements contained in this lease are declared conditions to this lease and to the term hereby lease to District. Should District fail to perform any covenant, condition or agreement contained in this lease and the default is not cured within thirty (30) days, unless this lease specifies a longer cure period, after written notice of default is served on District by City, then District shall be in default under this lease. Notwithstanding the foregoing, if the nature of the default is such that it cannot reasonably be cured within 30 days, the District shall not be in default if it commences the cure within that 30- day period and thereafter diligently proceeds to implement the cure until complete. In addition to District's failure to perform any covenant, condition, or agreement contained in this lease within the cure period permitted by this section, the following shall constitute a default by District under this lease: a) The appointment of a receiver to take possession of the Premises or Improvements, or of District's interest in, to, and under this lease, the leasehold estate, or of District's operations on the Premises for any reason, including, #iznazVz 75B-21 EXHIBIT 1 without limitation, assignment for benefit of creditors or voluntarily or involuntary bankruptcy proceedings, when not released within ninety (90) days. b) An assignment by District for the benefit of creditors; or the voluntarily filing by District of the involuntary filing against District of a petition, other than court action, or suit under any law for any purpose of (1) adjudicating District a bankrupt; (2) extending time for payment, (3) satisfaction of District's liabilities, or (4) reorganization, dissolution, or arrangement on account of, or to prevent, bankruptcy or insolvency; provided, however, that in the case of an involuntary proceeding, if all consequent orders, adjudications, custodies, and supervisions are dismissed, vacated or otherwise permanently stayed or terminated within ninety (90) days after the filing or other initial event, then District shall not be in default under this Section; and c) The subjection of any right or interest of District to or under this lease to attachment, execution, or other levy, or to seizure under legal process when the claim against District is not released within ninety (90) days. Cumulative Remedies Section 11.04. The remedied given to City in this Article shall not be exclusive but shall be cumulative with and in addition to all remedies now or hereafter allowed by law and elsewhere provided in this lease. Waiver of Breach Section 11.05. The waiver by City of any breach by District of any of the provisions of this lease shall not constitute a continuing waiver or a waiver of any subsequent breach by District of either the same or a different provision of this lease. Surrender of Premises Section 11.06. On expiration or earlier termination of this lease, District shall surrender the Premises and all improvements, including significant improvements in or on the Premises to City in as good, safe, and clean condition as practicable, reasonable wear and tear expected. Default by City Section 11.07. should the City fail to perform any covenant, condition or agreement contained in this lease and the default is not cured within thirty (30) days, unless this lease specifies a longer cure period, after written notice of default is served on the City by the District, then the City shall be in default under this lease. Notwithstanding the foregoing, if the nature of the default is such that it cannot reasonably be cured within 30 days, the City shall not be in default if it commences the cure within that 30-day period and thereafter diligently proceeds to implement the cure until complete. #12402v2 7 5 B-22 EXHIBIT 1 ARTICLE 12- OTHER PROVISIONS Force Majeure Section 12.01. Except as otherwise expressly provided in this lease, if the performance of any act required by this lease to be performed by either City or District is prevented or delayed by reason of any act of God, strike, lockout, labor trouble, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. However, nothing contained in this section shall excuse the prompt payment of rent by District as required by this lease or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. Attorneys' Fees Section 12.02. Should any litigation be commenced between the parties to this lease concerning the Premises, this lease, or the rights and duties of either in relation thereto, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for the party's attorneys' fees in that litigation that shall be determined by the court in that litigation or in a separate action brought for that purpose. Notices Section 12.03. Except as otherwise expressly provided by law, any and all notices or other communications required or permitted by this lease or by law to be served on or given to the parties shall be in writing and shall be deemed duly served and given when personally delivered to either party, or, in lieu of personal service, when deposited in the United States mail, first-class postage prepaid, or sent by express mail that allows for tracking, or delivered by Fed Ex or any similar commercial courier and sent by next -day delivery where the signature of the recipient is required, addressed in all cases to the parties as indicated below. Either party may change its address for purposes of this Section by giving written notice of the change as specified in this Section. a) Notice to City/City: Clerk of Council City of Santa Ana 20 Civic Center Plaza, M-30 Post Office Box 1988 Santa Ana, California 92702 And, #iznazVz 75B-23 EXHIBIT 1 Executive Director of Parks, Recreation, and Community Services Agency City of Santa Ana 20 Civic Center Plaza, M-23 Post Office Box 1988 Santa Ana, California 92702 With a courtesy copy to, City Attorney City of Santa Ana 20 Civic Center Plaza, M-29 Post Office Box 1988 Santa Ana, California 92702 b) Notice to District/Tenant: Attention: Chancellor Rancho Santiago Community College District 2323 North Broadway Street Santa Ana, California 92706 With a courtesy copy to, Ruben A. Smith, Esq. AlvaradoSmith 1 MacArthur Place, Suite 200 Santa Ana, California 92707 Governing Law and Venue Section 12.04. This lease, and all matters relating to this lease, shall be governed by the laws of the State of California in force at the time any need for interpretation of this lease or any decision or holding concerning this lease arises. Venue for any action regarding enforcement or interpretation of this lease shall be proper in Orange County, California. Binding on Heirs and Successors Section 12.05. This lease shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the parties hereto, but nothing in this #iznazVz 75B-24 EXHIBIT 1 section shall be construed as a consent by City to any assignment of this lease or any interest in the lease by District except as provided for in Article 10 of this lease. Partial Invalidity Section 12.06. If any provision of this lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this lease shall remain in full force and effect unimpaired by the holding. Sole and Only Agreement Section 12.08. This instrument constitutes the sole and only agreement between the City and District respecting the Premises, the leasing of the Premises to District, the agreement to construct the Improvements, including Significant Improvements but not the details of the Improvements or Significant Improvements, described in this lease on the Premises, and the lease terms set forth in this lease, and correctly sets forth the obligations of City and District to each other as of its date. Any agreements or representations respecting the Premises, their leasing to District by City, or any other matter discussed in this lease not expressly set forth in this instrument are null and void. Time of Essence Section 12.09. Time is expressly declared to be of the essence of this lease. Non -Discrimination Section 12.10. District shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, 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. District affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. IN WITNESS WHEREOF, the parties hereto have executed this Lease Agreement the date and year first above written. CITY OF SANTA ANA RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT KRISTINE RIDGE MARVIN MARTIN City Manager Chancellor ATTEST: #iznazVz 75B-25 EXHIBIT 1 DAISY GOMEZ Clerk of the Council APPROVED AS TO FORM: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Ruben Smith, Esq. Senior Assistant City Attorney AlvaradoSmith, APC RECOMMENDED FOR APPROVAL: LISA RUDLOFF Executive Director, Parks, Recreation and Community Services Agency #iznazVz 75B-26 EXHIBIT 1 EXHIBIT A Description of Real Property Subject to Lease #iznazVz 75B-27 i5 75B-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 15, 2019 TITLE: PUBLIC HEARING: ADOPTA RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM AND APPROVE SUBMITTAL OF THE CENTENNIAL PARK/RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT PARK REPLACEMENT PROJECT STUDY TO THE NATIONAL PARK SERVICE {STRATEGIC PLAN NO. 5, 4A} CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 111 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO /s/ Kristine Ridge FILE NUMBER CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution of the City Council of the City of the City of Santa Ana adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Program for the Centennial Park/Santa Ana College Park Replacement Project. 2. Approve submittal of the Centennial Park/Rancho Santiago Community College District Park Replacement Park Project study to the National Park Service. DISCUSSION On November 5, 1979, the City Council approved a 30-year License Agreement with Rancho Santiago Community College District (College) to construct and operate an Adult Career Education Center at Centennial Park, under the condition the College abides to Deed Restrictions required by the Federal Government on Centennial Park. The original 30-year agreement was set to expire on November 5, 2009 and the parties, under the same conditions, agreed upon a 5-year extension of the license in 2009 and again in 2014. Between 2009 and 2011, the College requested a long-term lease agreement in order to make improvements to the campus. However, the National Parks Service (NPS) would not approve a long-term lease because they found that the operation of the Education Center did not comply with the deed restrictions for the land upon which the Center is located in Centennial Park. The deed restrictions provide that the property must be used for a public park and public recreational 75C-1 Approval Submittal of the Centennial Park/Rancho Community College District Park Replacement Study to the National Park Service October 15, 2019 Page 2 area. In order for the City to enter into a long-term lease with the College, a land conversion needs to be approved by the NPS and City Council, transferring the deed conditions for the land upon which the Education Center is located to new park sites of equal recreational value and size. On February 7, 2011 and August 18, 2015, the College and the City entered into reimbursement agreements to reimburse the City up to $634,000 in costs associated with the land conversion requirements for the replacement properties and take the necessary actions to submit the required documentation to the NPS for a determination. If approved by the NPS and the City Council, the use restrictions could be removed from the license area and applied to the replacement properties in order to allow the City and the College to enter into negotiations for a long-term lease of the license area. On March 5, 2019, the City Council approved a license agreement extension for two years to expire on November 5, 2021 in order to ensure the license agreement does not lapse as the City completes this process. Environmental Assessment On May 18, 2017, the City issued a Request for Proposal for a recreational value assessment. On August 15, 2017, the City entered into an agreement with Placeworks to provide a recreation value assessment of various park sites. As the City and consultant proceeded with assessment, the NPS additionally required environmental assessments for park sites at Sixth Street/Lacy Street and Raitt Street/Myrtle Street. In addition, an environmental and recreational assessment for the parking area used by the College to determine if additional land is needed to be considered an equal exchange. Therefore, on March 20, 2018 the City entered into an agreement with Placeworks to perform the additional assessment required by the NPS. The City provided the NPS a draft environmental assessment and recreational value assessment report for their review. Subsequently skate elements were added at two park sites (Sixth/Lacy and Raitt/Myrtle), and a storm water capture feature was added to one of the sites (Raitt/Myrtle) after the draft was submitted to the NPS. Due to the addition of the aforementioned features, an environmental assessment is necessary to address these elements. The replacement parklands include three park sites, the 6th Street Site, Raitt Street Site, and McFadden Site/Pacific Electric Park. The City constructed Pacific Electric Park on the McFadden Site, and the Pacific Electric Park opened in January 2018. Therefore, the proposed project involves construction and operation of two replacement parks on the 6th Street Site and the Raitt Street Site as described below. 6th Street Site — This site is under construction and provides a 0.42-acre neighborhood park. This park is a walk-up, pedestrian park without a vehicle parking lot and provides amenities such as overhead shade structures, playground equipment, benches and tables, picnic area, and a skate area. The park would also include landscaping, rock bio Swale, drywell stormwater capture system, bridges, and a fenced and gated wrought iron perimeter fencing located on the north and east boundaries. The west boundary is fenced with a terraced block wall ranging from 8 feet to 4 feet. Nighttime lighting is provided throu hout the park from five 14-foot, LED light poles, � 5C-2 Approval Submittal of the Centennial Park/Rancho Community College District Park Replacement Study to the National Park Service October 15, 2019 Page 3 including the skate area. Main pedestrian access to the park is from the corner of 6th Street and Lacey Street, and two other park access points are from 6th Street and from Lacey Street. To reduce operational noise impacts of the skate park the City will turn off park lights and restrict operating hours to no later than 8:00 p.m. The skate area is fenced and includes observation by evening park security. Park security patrol for this site is included with all other parks in the city. Pedestrian crossing features are located at the intersections. In addition, the interior of the park has concrete/decomposed granite pedestrian walkways for use. Raitt Street Site — This site would be a 1.09-acre neighborhood park and constructed when funding is identified. This park would be a walk-up, pedestrian park without a vehicle parking lot and amenities such as an exercise area, tot lot with playground equipment, a skate area, walking path, restroom, drinking fountain, and picnic tables and benches. No perimeter fencing is included except for the skate area, and the skate area would be fenced with wrought iron gate. The park would also provide various landscaping and trees, which incorporates drought tolerant landscaping and preservation of existing trees, bio swales, and drywell stormwater capture system. Nighttime lighting installed throughout the park, including the skate area. Three pedestrian access points proposed for the park, two from Myrtle Street, and one at the corner of Myrtle Street and Raitt Street. To reduce operational noise impacts of the skate park the City will turn off park lights and restrict operating hours to no later than 8:00 p.m. The skate area is fenced and includes observation by evening park security. Park security patrol for this site is included with all other parks in the city. Pedestrian crossing features are included identified in the construction documents and located at the intersections. The interior of the park also has concrete/DG pedestrian walkways for use. Placeworks has completed the environmental assessment, recreational value assessment, and additional documents required by the NPS and the City is prepared to submit the documents to the NPS upon approval of the City Council. According to the Land Appraisal Report, the three replacement properties are of equal or greater value in acreage and cost. The Recreational Value Report also indicates the three replacement properties provide equal or greater recreational value based on the following: 1) The proposed replacement lands are of equivalent size. 2) The proposed replacement lands meet community park need by increasing residents' walkable park access in a measureable way. 3) The proposed replacement lands meet policy and planning goals while satisfying current recreation trends. 4) The proposed replacement lands offer recreational opportunities that satisfy current community needs and desires. ENVIRONMENTAL IMPACT The proposed project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000 et seq.). As such, a Mitigated Negative Declaration and Initial Study were prepared for the project. Impacts related to aesthetics (light and glare), cultural resources (ground disturbance), geology and soils 75C-3 Approval Submittal of the Centennial Park/Rancho Community College District Park Replacement Study to the National Park Service October 15, 2019 Page 4 (ground disturbance), noise (operational noise), transportation (pedestrian crossings), and tribal and cultural resources (tribal and cultural resources) are found to be less than significant with the implementation of mitigation measures. The remaining environmental topics that were analyzed pursuant to CEQA were found to have a less than significant impact or no impact. The public review and comment period for the MND was from August 21, 2019 to September 19, 2019. Public comments were received, the City responded to all written comments submitted during the 30-day MND public review period and no change to the Initial Study/MND is necessary. Federal Lands to Park Land Exchange Requirements indicate that replacement land must be of equivalent fair market and recreational value. The City of Santa Ana prepared the Recreational Value Assessment (RVA) for the three -replacement park sites in August 2018 to provide justification of public recreational utility of the land proposed for exchange and its replacement. The 2018 RVA concluded that the combined recreational value of the three proposed sites are of equivalent recreation value in comparison with the Centennial Educational Center Site at Centennial Park. Because NPS approval is required, an Environmental Assessment (EA) has been prepared under a separate cover to satisfy the requirement of NEPA. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy B (Equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT There is no direct fiscal impact associated with the submittal of the document to the National Park Service, but the results of their determination will begin the process for the City pursue negotiations with Rancho Santiago Community College District related to matters affecting the long-term lease of the site. Minh Thai Lisa Rudloff Executive Director Executive Director Planning and Building Agency Parks, Recreation, and Community Services Agency Exhibits: 1. City Council Resolution adopting a Mitigated Negative Declaration 2. Initial Study and Mitigated Negative Declaration for Centennial Park/Santa Ana College Park Replacement Project 3. Response to Public Comments 75C-4 14AN N III IIISi RESOLUTION NO. 2019-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE MITIGATED NEGATIVE DECLARATION (MND) (SCH #2019089067) AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT AND THE SUBMITTAL OF THE CENTENNIAL PARK/RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT PARK REPLACEMENT PARK PROJECT STUDY TO THE NATIONAL PARK SERVICE 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 Centennial Park/Santa Ana College Park Replacement Project involves the construction and operation of replacement parklands in lieu of a 2.6-acre, Continuing Education Center ("CEC") Site currently leased to Rancho Santiago Community College District in Centennial Park ("Project' or "Proposed Project'). The replacement parklands include three park sites, the 6th Street Site, Raitt Street Site, and McFadden Site/Pacific Electric Park. The City constructed Pacific Electric Park on the McFadden Site, and the Pacific Electric Park opened in January 2018; therefore, the proposed project involves only construction and operation of two replacement parks on the 6th Street Site and the Raitt Street Site in the City of Santa Ana ("City'). B. On November 5, 1979, the City Council approved a 30-year License Agreement with Rancho Santiago Community College District ("College") to construct and operate an Adult Career Education Center at Centennial Park, under the condition the College _abides to Deed Restrictions required by the Federal Government on Centennial Park. The original 30-year agreement was set to expire on November 5, 2009 and the parties, under the same conditions, agreed upon a 5-year extension of the license in 2009 and again in 2014. C. Between 2009 and 2011, the College requested a long-term lease agreement in order to make improvements to the campus. However, the National Parks Service (NPS) would not approve a long-term lease because they found that the operation of the Education Center did not comply with the deed restrictions for the land upon which the Center is located in Centennial Park. The deed restrictions provide that the property must be used for a public park and public recreational area. In order for the City to enter into a long-term lease with the College, a land conversion needs to be approved by the NPS and City Council, transferring the deed conditions for the land upon which the Education Center is located to new park sites of equal recreational value and size. D. On August 18, 2015, the College and the City entered into a reimbursement agreement to reimburse the City up to $334,000 in costs associated with the land conversion requirements for the replacement properties and take the necessary actions to submit the required documentation to the NPS for a determination. If approved by the NPS and the City Council, the use restrictions could be removed from the license area and applied to the replacement properties in order to allow the City and the College to enter into negotiations for a long-term lease of the license area. #123890 75C-5 EXHIBIT 1 E. On March 5, 2019, the City Council approved a license agreement extension for two years to expire on November 5, 2021 in order to ensure the license agreement does not lapse as the City completes this process. F. According to the Land Appraisal Report, the three replacement properties are of equal or greater value in acreage and cost. The Recreational Value Report also indicates the three replacement properties provide equal or greater recreational value based on the following: a. The proposed replacement lands are of equivalent size. b. The proposed replacement lands meet community park need by increasing residents' walkable park access in a measureable way. c. The proposed replacement lands meet policy and planning goals while satisfying current recreation trends. d. The proposed replacement lands offer recreational opportunities that satisfy current community needs and desires. G. The Proposed Project is required to undergo an environmental review pursuant to the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) ("CEQA"). A Mitigated Negative Declaration and Initial Study (SCH #2019089067) (IS/MND) were prepared for the project. Impacts related to aesthetics (light and glare), cultural resources (ground disturbance), geology and soils (ground disturbance), noise (operational noise), transportation (pedestrian crossings), and tribal and cultural resources (tribal and cultural resources) are found to be less than significant with the implementation of mitigation measures. The remaining environmental topics that were analyzed pursuant to CEQA were found to have a less than significant impact or no impact. H. The Notice of Intent to Adopt a Mitigated Negative Declaration was released on August 21, 2019 and the public review and comment period for the IS/MND ran from August 21, 2019 to September 19, 2019. Public comments were received, the City responded to all written comments submitted during the 30-day IS/MND public review period and no change to the Initial Study/MND is necessary. All public comments and the City's responses thereto, are incorporated herein by reference. The mitigation measures set forth in the Mitigated Negative Declaration are specific and fully enforceable and will be implemented using the Mitigation Monitoring and Reporting Program ("MMRP") attached hereto as Exhibit A, and incorporated herein by reference. The MMRP adequately describes implementation procedures, monitoring responsibilities, reporting actions, compliance schedule, and verification of compliance in order to ensure that the Project complies with the adopted mitigation measures. J. Federal Lands to Park Land Exchange Requirements indicate that replacement land must be of equivalent fair market and recreational value. The City of Santa Ana prepared the Recreational Value Assessment (RVA) for the three -replacement park sites in August 2018 to provide justification of public recreational utility of the land proposed for exchange and its replacement. The 2018 RVA concluded that the combined recreational value of the three proposed sites are of equivalent recreation value in comparison with the Centennial Educational Center Site at Centennial Park. Because NPS approval is required, an Environmental Assessment (EA) has been prepared under a separate cover to satisfy the requirement of NEPA and will be submitted as part of the City's submission to the National Park Service. K. On October 15, 2019, the City Council of the City of Santa Ana held a public hearing to consider all testimony, written and oral, related to the IS/MND and the related MMRP for the project, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. #123890 7 5 C -6 EXHIBIT 1 Section 2. Pursuant to CEQA, the City Council has independently reviewed and analyzed the information contained in the IS/MND prepared with respect to the Proposed Project, and all comments received regarding the IS/MND. The City Council finds, based on the whole record before it, that the IS/MND was prepared in compliance with CEQA and the State CEQA Guidelines (Cal. Code Regs., title 14, § 15000 et seq.), and the IS/MND adequately addresses the expected environmental impacts of this project. Further, the City Council finds that there is no substantial evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council also finds that IS/MND reflects the independent judgement and analysis of the City Council. Section 3. Based on its independent judgment and analysis, the City Council hereby adopts and approves the IS/MND for the Proposed Project. Section 4. The City Council hereby adopts the MMRP for the Proposed Project, attached hereto as Exhibit A. Should there be any discrepancies in the mitigation measures provided in the IS/MND and the MMRP, the measures in the MMRP shall control. Section 5. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 6. The City Council hereby adopts and approves the Centennial Park/Santa Ana College Park Replacement Project. Section 7. The City Council hereby directs staff to prepare and file a Notice of Determination with the County of Orange County Clerk's Office within five working days of the approval of this Resolution. Section 8. The record of proceedings for the Proposed Project upon which this Resolution and the City's determinations are based is located at the City of Santa Ana, Parks, Recreation, and Community Services Agency, located at 20 Civic Center Plaza, Second Floor, Santa Ana, California 92702. The custodian of records is the Executive Director of the Parks, Recreation, and Community Services Agency. Section 9. The City Council hereby authorizes the submittal of the Centennial Park/Rancho Santiago Community College District Park Replacement Park Project study and related environmental documents to the National Park Service. ADOPTED this _ day of October, 2019. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney A Q BY7 �} 04 A - 1`lf1t Laura A. Rossini Senior Assistant City Attorney Miguel A. Pulido Mayor #12389v3 75C-7 EXHIBIT 1 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Daisy Gomez, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2019- to be the original resolution adopted by the City Council of the City of Santa Ana on October _, 2019. Date: Clerk of the Council City of Santa Ana #12389v3 75C-8 EXHIBIT 1 EXHIBIT A Mitigation Monitoring and Reporting Program #12389v3 75C-9 MITIGATION MONITORING AND REPORTING PROGRAM FOR CENTENNIAL. PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT CEQA Action: Mitigated Negative Declaration (State Clearinghouse # 2019089067) Project Description —The proposed project involves the construction and operation of replacement parklands in lieu of 2.6-acre, CEC Site leased to RSCCD in Centennial Park. The replacement parklands include three park sites, the 6th Street Site, Rain Street Site, and McFadden Site/Pacific Electric Park.'Igre city constructed Pacific Electric Park on the McFadden Site, and the Pacific Electric Park opened in January 2018. Therefore, the proposed project involves construction and operation of nvo replacement parks on the 6th Street Site and the Rain Street Site in the City of Santa Ana. and After installation of the AE-1 The City of Santa Ana shall perform field light measurements after the lighting pole installation to City of Santa Ana City of Sama Ana light poles. demonstrate that actual spill light levels near the adjacent esidential units to the west and south are a close match to the levels indicated in the light levels plan shown in Figure 12, 6th Street Site Photometric Plan 1, and Figure 13, 6th Street Site Photometric Plan 2. The light levels shall not exceed 0.8 foot-candle at the habitable residential structure, and luminaire(s) affixed on the pole shall be shielded and adjusted so that no direct upward beam is permitted. Prior to grading and during CUL-1 During initial ground -disturbing activities that extend beyond artificial fill materials, an City of Santa Ana City of Santa Ana grading activities as specified archaeological spot monitoring shall be provided. Should archaeological resources, including in Mitigation Measure CUL-11 annual resources, be found work within 25 feel of the find must halt and an archaeologist morning the Secretary of the Interiofs Professional qualifications Standards its archaeology must be contacted, and the qualified monitor shall first determine whether the resource is a'unique archaeological resource pursuant to Section 21083.2(g) of the California Public Resources Cade or a "historical resource" pursuant to Section 15064.5(a) of the Stale CEQA Guidelines (14 California Code of Regulations [CCRD, or "tribal cultural resources" pursuant to Public Resources Cade Section 21074. Once the determination is made pursuant to CEQA Guidelines Section 21083.2, the appropriate actions shall be taken in appropriate sectors of the regulations (e.g., 14 CCR §15126.4) to ensure that impacts are reduced to a less than significant level. And if prehistoric human remains are discovered, the responsible county coroner shall notify the Native American Heritage Commission, which will determine and notify a most likely descendent MLD . The MLD shall complete the inspection of the area of potential effects within 48 hours of 75C-10 Mitinatinn Monimrinn and on —di— Orna raaarUU1 Responsible forFJ�onitormq e for TuringMiti atian Measure Ito lementation Completion notification and the City of Santa Ana shall comply with me treatment recommendations by the MILD. During grading activities. GEO-1 In the event that soil disturbance is expected in the older quaternary deposits per the site- City of Santa Ana City of Santa Ana specific geometrical report, a qualified paleontologist shall be retained prior to excavation allivifies and excavation activities in the older quaternary deposits shall be closely monitored. If any are found, work in the immediate area shall halt and the specimen and sediment samples shall be collected and evaluated, Any fossils recovered shall be processed per the recommendation of the on -site paleontologist and deposited in an accredited scientific insUuion. Prior to opening of the NO61 The City of Santa Ana shall turn off park lights and restrict operaAng hours of the skate area at City of Sam Ana City of Santa Ana park the 6th Street Site to no later than 8:00 PM to reduce evening noise levels at adjacent residential uses; Or The City of Santa Ana shall construct a noise barrier along the western and southern property lines adjacent to the skate area of the 6th Street Site. The barrier shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of four pounds per square foot. A minimum bamer height of 10 feet at the 6th Street Site, as measured from the base elevation, shall be provided. Prior to opening of the TRAN-1 City of Santa Ana shall provide pedestrian crossing features under the supervision of a licensed City of Santa Ana City of Santa Ana park, I civil a traffic engineer, approved by the City of Sam Ana Public Works Department. Prior to grading. TCR-1 If the professional archaeologist implementing Mitigation Measure CUL-1 believes that a cultural City of Santa Ana City of Same Ana resource encountered onsite is of "Wool cultural resources pursuant to Public Resources Code Section 21074, the archaeologist shall notify representatives of Native American vibes with traditional lenhaies in the project region. If requested by the Native American Wifi ), the developer or archaeologist on call shall, in good faith, consult on the discovery and its disposition (e.g., avoidance, preservation, return of arifacts to tribe). If the resources are Native American in origin, a Vibal monitor from the consulting tribe shall be present during the remaining site -grading activities. 75C-11 MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villegas COUNCILMEMBERS Cecilia Iglesias David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA Public Works Agency — Design Engineering 20 Civic Center Plaza, M-36 • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org *:/:11-111dK CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez MITIGATED NEGATIVE DECLARATION For Centennial Park/Santa Ana College Park Replacement Project Pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code (PRC) Sections 2100 et seq.) and the State CEQA Guidelines (California Code of Regulations (CCR) Sections 15000 et seq.), the City of Santa Ana has completed this Mitigated Negative Declaration (MND) for the project described below based on the assessment presented in the attached Initial Study. LEAD AGENCY: City of Santa Ana PROJECT TITLE: Centennial Park/Santa Ana College Park Replacement Project LOCATION/ADDRESS: Centennial Park (Continuing Education Center [CEC] Site): 3000 W Edinger Avenue, Santa Ana, Orange County, California 92704; 6th Street Site: 710 E., 714 E., and 720 E. 6th Street, Santa Ana, CA 92701 (APNs 398-334-03, 398-334-04, 398-334-05); Raitt Street Site: 415 S. and 423 S. Raitt Street, Santa Ana, CA 92703 (APNs 007-273-12, and 007-273-14); McFadden Site/Pacific Electric Park: 401 E. McFadden Ave. Santa Ana, CA 92707 (APNs 011- 065-19, 011-065-20, 011-065-21, 011-065-22, 011-065-23, 011-065-24). PROJECT DESCRIPTION: The proposed project involves the construction and operation of replacement parklands in lieu of 2.6-acre, CEC Site leased to Rancho Santiago Community College District (RSCCD) in Centennial Park. The replacement parklands include three park sites, the 6th Street Site, Raitt Street Site, and McFadden Site/Pacific Electric Park. The City constructed Pacific Electric Park on the McFadden Site, and the Pacific Electric Park opened in January 2018. Therefore, the proposed project involves construction and operation of two replacement parks on the 6th Street Site and the Raitt Street Site in the City of Santa Ana as described below. 6th Street Site — The City of Santa Ana proposes to provide a neighborhood park on the 0.42-acre, 6th Street site. This park would be a walk-up, pedestrian park without vehicle parking lot that provides amenities such as overhead shade structures, playground equipment, benches and tables, picnic area, and a skate area. The park would also include landscaping, rock bio swale, drywell stormwater capture system, and bridges, and fenced and gated with wrought iron perimeter fencing on the north and east boundaries. The west boundary would be fenced with a terraced block wall ranging from 8 feet to 4 feet. Nighttime lighting would be provided throughout the park from five 14-foot, LED light poles, including the skate area. Main pedestrian access to the park would be from the corner of 6th Street and Lacey Street, and two other access would be provided from 6th Street and from Lacey Street. 6`L\ p 1 CV_101 r_t61 I V cHfln Ra] t III Miguel A_Pulido Juan Vitegas Vicente Sarmienla David Penaloza Jose Solorio Vacant Cecilia Iglesias Mayor Mayor Pm Tem, Ward 5 Ward 1 �ard Ward 3 Ward 4 Ward 6 mouliam �a donsantana orvlleeasnsanlaana. amysarmlenlosanlana am or isolorionsantaana are cuteslasnsanla-ana net *:/:I1-3111WA Raitt Street Site — A neighborhood park would be constructed on the 1.09-acre, Raitt Street Site. This park would be a walk-up, pedestrian park without vehicle parking lot that provides exercise area, tot lot with playground equipment, a skate area, walking path, restroom, drinking fountain, and picnic tables and benches. No fencing would be provided, except for the skate area, and the skate area would be fenced with wrought iron gate. The park would also provide various landscaping and trees, which incorporates drought tolerant landscaping and preservation of existing trees, and equipped with bio swales and drywell stormwater capture system. Nighttime lighting would be installed throughout the park, including the skate area. Three pedestrian access points are proposed for the park, two from Myrtle Street, and one at the corner of Myrtle Street and Raitt Street. McFadden Site/Pacific Electric Park— The city has already constructed a neighborhood park on the 1.4-acre site known as the Pacific Electric Park. This park is a walk-up park that primarily serves the local neighborhood, and also serves as a rest stop for bicyclists and other recreational trail users. The park contains a small grove of fruit trees, a garden, and a small amphitheatre for educational purposes on its western half. The eastern half of the park contains shade canopies and various playground equipment including swings, a slide/climber, and a rock -climbing feature. A jogging parcourse with exercise stations is also provided with low intensity security lighting. 1*3l;.11I.[rlde]kiIQIII I M lk&I 6th Street Site — The 6th Street Site was previously developed with single-family homes but is currently vacant with three trees but without any above -grade structures. Raitt Street Site — The Raitt Street Site has no above -grade structures and the site is secured by chain -link fencing along south and west boundaries and masonry wall from the north and east residential properties. There are several trees on the property. McFadden Site/Pacific Electric Park— The existing Pacific Electric Park opened in spring 2018. The park contains a small grove of fruit trees, a garden, and a small amphitheater, shade canopies, play equipment, jogging parcourse with exercise stations, and restroom. DOCUMENT AVAILABILITY: The MND/IS and other supporting environmental documents are on file at the City of Santa Ana, Parks, Recreation & Community Services Agency, 26 Civic Center Plaza, Santa Ana, California 92701. SUMMARY OF IMPACTS: The attached Initial Study was prepared to identify the potential effects on the environment from the construction and operation of the proposed project. Based on the environmental analysis, the proposed project would have no impacts or less -than -significant environmental impacts in the following topics: . Agriculture and Forestry Resources . Air Quality . Biological Resources . Energy . Greenhouse Gas Emissions . Hazards and Hazardous Materials . Hydrology and Water Quality . Land Use and Planning . Mineral Resources . Population and Housing SANTA ANA CITY COUNCIL . Public Services . Recreation . Utilities and Service Systems . Wildfire Miguel A. Pulled Juan Villegas Vicente Sarmiento DaM Penaloza Jose Solon. Mayor Mayor Pro Tom. Ward 5 Ward 1 Ward 2 Ward 3 moulido(Nsantaana out rulleoast&santa and amysamlenmlNsantaana am dnenaloza(&santaenaam isolorlonsantaana am Vacant Cecilia Iglesias Ward 4 Ward 6 ciolesiast&santaana. am 75C-13 *:/:I1-3111WA The environmental assessment in the Initial Study also identified environmental impacts to six topics that would be potentially significant unless mitigation measures are incorporated into the project. . Aesthetics . Geology and Soils . Transportation . Cultural Resources . Noise . Tribal Cultural Resources The mitigation measures below have been incorporated into the project to effectively minimize the potentially significant environmental impacts. MITIGATION MEASURES: Aesthetics AE-1 The City of Santa Ana shall perform field light measurements after the lighting pole installation to demonstrate that actual spill light levels near the adjacent residential units to the west and south are a close match to the levels indicated in the light levels plan shown in Figure 12, 6th Street Site Photometric Plan 1, and Figure 13, 6th Street Site Photometric Plan 2. The light levels shall not exceed 0.8 foot-candle at the habitable residential structure, and luminaire(s) affixed on the pole shall be shielded and adjusted so that no direct upward beam is permitted. Cultural Resources CUL-1 During initial ground -disturbing activities that extend beyond artificial fill materials, an archaeological spot monitoring shall be provided. Should archaeological resources, including tribal resources, be found, work within 25 feet of the find must halt and an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology must be contacted, and the qualified monitor shall first determine whether the resource is a "unique archaeological resource" pursuant to Section 21083.2(g) of the California Public Resources Code or a "historical resource" pursuant to Section 15064.5(a) of the State CEQA Guidelines (14 California Code of Regulations [CCR]), or "tribal cultural resources" pursuant to Public Resources Code Section 21074. Once the determination is made pursuant to CEQA Guidelines Section 21083.2, the appropriate actions shall be taken in appropriate sections of the regulations (e.g., 14 CCR §15126.4) to ensure that impacts are reduced to a less than significant level. And if prehistoric human remains are discovered, the responsible county coroner shall notify the Native American Heritage Commission, which will determine and notify a most likely descendent (MLD). The MLD shall complete the inspection of the area of potential effects within 48 hours of notification and the City of Santa Ana shall comply with the treatment recommendations by the MLD. Geology and Soils GEO-1 In the event that soil disturbance is expected in the older quaternary deposits per the site - specific geotechnical report, a qualified paleontologist shall be retained prior to excavation SANTA ANA CITY COUNCIL Miguel A. Pulled Juan Villegas Vicente Sarmiento David Penaloza Jose Sound Vacant Cecilia Iglesias Mayor Mayor Pro Tom. Ward 5 Ward 1 Ward 2 Ward 3 Word 4 Ward 6 moulidolNsantaana out billoaaslNsanta anaamysarrmenmlNsantaana am doenalozalNsantaenaam isolorlonsantaana am cioleslaslNsantaana. am 75C-14 *:/:I1-3111iPa activities and excavation activities in the older quaternary deposits shall be closely monitored. If any are found, work in the immediate area shall halt and the specimen and sediment samples shall be collected and evaluated. Any fossils recovered shall be processed per the recommendation of the on -site paleontologist and deposited in an accredited scientific institution. Noise NOI-1 The City of Santa Ana shall turn off park lights and restrict operating hours of the skate area at the 6th Street Site to no later than 8:00 PM to reduce evening noise levels at adjacent residential uses; Or The City of Santa Ana shall construct a noise barrier along the western and southern property lines adjacent to the skate area of the 6th Street Site. The barrier shall be continuous from grade to top, with no cracks or gaps, and have a minimum surface density of four pounds per square foot. A minimum barrier height of 10 feet at the 6th Street Site, as measured from the base elevation, shall be provided. Transportation TRAN-1 City of Santa Ana shall provide pedestrian crossing features under the supervision of a licensed civil or traffic engineer, approved by the City of Santa Ana Public Works Department. Tribal Cultural Resources TCR-1 If the professional archaeologist implementing Mitigation Measure CUL-1 believes that a cultural resource encountered onsite is of "tribal cultural resources" pursuant to Public Resources Code Section 21074, the archaeologist shall notify representatives of Native American tribes with traditional territories in the project region. If requested by the Native American tribe(s), the developer or archaeologist on -call shall, in good faith, consult on the discovery and its disposition (e.g., avoidance, preservation, return of artifacts to tribe). If the resources are Native American in origin, a tribal monitor from the consulting tribe shall be present during the remaining site -grading activities. IM01/_T10Call I\IHfl1]Q[a]II Miguel A. Pulido Juan Villegas Vicente Sarmiento Davdl Penaloza Jose Solon. Mayor Mayor Pro Tom. Ward 5 Ward 1 Ward 2 Ward 3 moulido6Dsantaana out billoaast&santa anaone ysamlenmlNsantaana am dnenaloza(&santaenaam isolorlonsantaana am Vacant Cecilia Iglesias Ward 4 Ward 6 75C-15 *AV : 11-1 h WA August 2019 1 Initial Study CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT City of Santa Ana Prepared for: City of Santa Ana Contact: Ron Ono, Administrative Services Manager Parks, Recreation and Community Services Agency— M23 20 Civic Center Plaza, 2nd FLR., RM #272 Santa Ana, California 92702 714.571.4220 Prepared by. PlaceWorks Contact: Dwayne Mears, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com 75C-16 *:/ : 11-1 h WA 75C-17 *:/:I1-3111WA Section Page 1. INTRODUCTION.............................................................................................................1 1.1 PROJECT LOCATION...................................................................................................................... 1 1.2 ENVIRONMENTAL SETTING..................................................................................................... 2 1.3 PROJECT BACKGROUND...........................................................................................................15 1.4 PROJECT DESCRIPTION............................................................................................................. 21 1.5 EXISTING ZONING AND GENERAL PLAN....................................................................... 22 1.6 CITY ACTION REQUESTED...................................................................................................... 22 2. ENVIRONMENTAL CHECKLIST..................................................................................27 2.1 PROJECT INFOR1VIATION........................................................................................................... 27 2.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED .......................................... 30 2.3 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY) ........................ 30 2.4 EVALUATION OF ENVIRONMENTAL IMPACTS............................................................... 31 3. ENVIRONMENTAL ANALYSIS.....................................................................................39 3.1 AESTHETICS.................................................................................................................................... 39 3.2 AGRICULTURE AND FORESTRY RESOURCES.................................................................. 46 3.3 AIR QUALITY................................................................................................................................... 55 3.4 BIOLOGICAL RESOURCES......................................................................................................... 60 CULTURAL RESOURCES............................................................................................................................ 63 3.5 ENERGY.............................................................................................................................................65 3.6 GEOLOGY AND SOILS................................................................................................................66 3.7 GREENHOUSE GAS EMISSIONS.............................................................................................69 3.8 HAZARDS AND HAZARDOUS MATERIALS....................................................................... 72 3.9 HYDROLOGY AND WATER QUALITY.................................................................................. 74 3.10 LAND USE AND PLANNING.....................................................................................................78 3.11 MINERAL RESOURCES................................................................................................................ 79 3.12 NOISE..................................................................................................................................................79 3.13 POPULATION AND HOUSING................................................................................................. 94 3.14 PUBLIC SERVICES..........................................................................................................................94 3.15 RECREATION.................................................................................................................................. 96 3.16 TRANSPORTATION.......................................................................................................................96 3.17 TRIBAL CULTURAL RESOURCES............................................................................................. 99 3.18 UTILITIES AND SERVICE SYSTEMS.....................................................................................101 3.19 WILDFIRE........................................................................................................................................103 3.20 MANDATORY FINDINGS OF SIGNIFICANCE.................................................................104 4. REFERENCES............................................................................................................107 5. LIST OF PREPARERS................................................................................................ ill CITY OF SANTA ANA (LEAD AGENCY)............................................................................................ Ill PLACEWORKS.............................................................................................................................................. ill APPENDICES Appendix A An Quality/GHG Emissions Data Appendix B Cultural Resources Data Appendix C Noise Data 75C-18 *:/ : 11-1 h WA List of Figures Figure1 Regional Location................................................................................................................................. 3 Figure 2 Distance from Centennial Park/Santa Ana College........................................................................ 5 Figure 3 Local Vicinity — 6th Street Site........................................................................................................... 7 Figure 4 Local Vicinity — Raitt Street Site......................................................................................................... 9 Figure 5 Aerial Photograph — 6th Street Site.................................................................................................11 Figure 6 Aerial Photograph — Raitt Street Site...............................................................................................13 Figure 7 Aerial Photograph — McFadden Site/Pacific Electric Park.........................................................17 Figure 8 Master Plan for Centennial Park......................................................................................................19 Figure 9 Conceptual Site Plan — 6th Street Site.............................................................................................23 Figure 10 Conceptual Site Plan — Raitt Street Site...........................................................................................25 Figure 11 Nighttime Light Poles........................................................................................................................41 Figure 12 6th Street Site Photometric Plan 1...................................................................................................43 Figure 13 6th Street Site Photometric Plan 2................................................................................................... 47 Figure 14 Top View Lighting Visual Simulation..............................................................................................49 Figure 15 Lighting Visual Simulation, Bird's Eye View from Southwest Corner ...................................... 51 Figure 16 Lighting Visual Simulation, Bird's Eye View from Northeast Corner ....................................... 53 Figure 17 Approximate Noise Monitoring Locations at Harvard Skate Park............................................83 Figure 18 Approximate Noise Monitoring Location at 6th Street Site........................................................85 List of Tables Table Page Table 1 General Light Levels Benchmark..................................................................................................... 40 Table 2 Maximum Daily Regional Construction Emissions...................................................................... 57 Table 3 Maximum Daily Onsite Localized Construction Emissions........................................................ 58 Table 4 ShortTermNoise Measurement Levels at Varying Distances (dBA 1s)................................. 81 Table 5 Interior and Exterior Noise Standards............................................................................................ 87 Table 6 Noise Levels During Construction..................................................................................................90 Table 7 Project Generated Traffic..................................................................................................................97 75C-19 *:/ : 11-1 h WA AAQS ambient air quality standards AB Assembly Bill AQMP air quality management plan BMP best management practices CAFE corporate average fuel economy CaIEEMod California Emissions Estimator Model Cal/EPA California Environmental Protection Agency CAL FIRE California Department of Forestry and Fire Protection CALGieen California Green Building Standards Code Cal/OSHA California Occupational Safety and Health Administration CalRecycle California Department of Resources, Recycling, and Recovery Caltrans California Department of Transportation CARB California Air Resources Board CAP Climate Action Plan CBC California Building Code CCR California Code of Regulations CDE California Department of Education CDFW California Department of Fish and Wildlife CEC Centennial Education Center CEQA California Environmental Quality Act CGP Construction General Permit CGS California Geologic Survey CH4 methane CHRIS California Historical Resources Information System CHSC California Health and Safety Code CMP congestion management program CNDDB California Natural Diversity Database CNEL community noise equivalent level CNPS California Native Plant Society CO carbon monoxide COze carbon dioxide equivalent CRHR California Register of Historical Resources CWA Clean Water Act 75C-20 *:/ : 11-1 h WA dB decibel dBA A -weighted decibel DOI Department of Interior DPM diesel particulate matter EA Environmental Assessment FIR environmental impact report EPA United States Environmental Protection Agency fc foot-candle FCC Federal Communications Commission FEMA Federal Emergency Management Agency FIRM Flood Insurance Rate Map FHWA Federal Highway Administration FTA Federal Transit Administration GHG greenhouse gases IES Illuminating Engineering Society In/sec inches/seconds IPCC Intergovernmental Panel on Climate Change Lbs/day pounds per day L� daynightnoise level Ley equivalent continuous noise level LCFS lowcarbonfuel standard LST localized significance thresholds LZ lighting zone MBTA Migratory Bud Treaty Act mgd million gallons per day MMT million metric tons MPO metropolitan planning organization MT metric ton N20 nitrous oxide NAHC Native American Heritage Commission NHPA National Historic Preservation Act NOx nitrogen oxides NPDES National Pollution Discharge Elimination System 75C-21 *:/ : 11-1 h WA 03 ozone OCFA Orange County Fife Authority OEHHA Office of Environmental Health Hazard Assessment OES California Office of Emergency Services PM particulate matter PPm parts per million PPV peak particle velocity REC recognized environmental condition RSCCD Rancho Santiago Community College District RTP/SCS Regional Transportation Plan/Sustainable Communities Strategy RWQCB Regional Water Quality Control Board SAPD Santa Ana Police Department SARHP City of Santa Ana Register of Historical Properties SARWQCB Santa Ana Regional Water Quality Control Board SB Senate Bill SCAG Southern California Association of Governments SCCIC South Central Coastal Information Center SCAQMD South Coast Air Quality Management District SF6 sulfur hexafluoride SLF Sacred lands File SLM sound level meter SoCAB South Coast Air Basin Sox sulfur oxides SR State Route SRA source receptor area [or state responsibility area] SWP State Water Project SWPPP Storm Water Pollution Prevention Plan SWRCB State Water Resources Control Board TAC toxic air contaminants tpd tons per day USFWS United States Fish and Wildlife Service USGS United States Geological Survey UST underground storage tank 75C-22 *:/ : 11-1 h WA UWAV urban water management plan VdB velocity decibels VHFHSZ very high fire hazard severity zone Vmr vehicle miles traveled VOC volatile organic compound WQ2" water quality management plan 75C-23 *:/ : 11-1 h WA 1. Introduction The City of Santa Ana proposes to construct and operate replacement parklands in lieu of 2.6-acre leased to Rancho Santiago Community College District (RSCCD) in Centennial Park and being operated as Santa Ana College's School of Continuing, Centennial Education Center (CEC). The city has identified three replacement park lands totaling 2.76 acres, where one replacement park, a 1.25-acre, Pacific Electric Park at the northwest corner of McFadden Avenue and Maple Street, has already been developed and being used as parkland. Two additional replacement park sites would be developed and operated as parklands: a 0.42-acre site at the southwest corner of East 6th Street and North Lacey Street (6th Street Site), and a 1.09-acre site at the northeast corner of West Myrtle Street and South Raitt Street (Raiff Street Site), in the City of Santa Ana. Figure 1, Regional Location, and Figure 2, Distance from Centennial Park/Santa Ana College, show all three replacement park sites' relative locations to the Centennial Park. The CEC Site is leased under a deed condition from the Department of Interior that requires RSCCD to provide specific on -site recreation activities. Because these recreation activities have not been provided, the RSCCD is currently pursuing a Federal Lands to Park Land Exchange to remove the deed condition and transfer it to replacement parklands of an equivalent value. The proposed project is required to undergo an environmental review pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code 45 21000 et seq). This initial study evaluates the potential environmental consequences of the project. 1.1 PROJECT LOCATION 6th Street Site The 6th Street Site is at the southwest corner of East 6th Street and North Lacey Street in the City of Santa Ana, Orange County. Regional access to the 6th Street Site is provided via Interstate 5 (I-5), approximately 0.6 mile to the east. The City of Santa Ana is surrounded by cities of Orange, Garden Grove, Fountain Valley, Costa Mesa, Irvine, and Tustin. Figure 3, Local Vicinity — & Sheet Sik, shows the project site in local setting. The 6th Street Site is identified as Orange County Assessor's parcel numbers (APNs) 398-33403, 04, and 05, and totals 0.42 acre. Street addresses are identified as below: ■ 710 E. 6th Street, Santa Ana, CA 92701 (0.14 acre) —APN 398-33403 ■ 714 E. 6th Street, San a Ana, CA 92701 (0.14 acre) — APN 398-33404 ■ 720 E. 6th Street, Santa Ana, CA 92701 (0.14 acre) — APN 398-33405 Raiff Street Site Raitt Street Site is at the northeast corner of West Myrtle Street and South Raitt Street, comprised of 415 and 423 S. Raitt Street totaling 1.09 acres. The Raitt Street Site is identified as APNs 007-273-12 and 14. The Raitt 75C-24 *:/ : 11-1 It WA Street Site has two street fronts, Raitt Street to the west and Myrtle Street to the south. Regional access to the Raitt Street Site is provided via I-5, approximately 2.2 mile to the northeast and SR-22, approximately 2.3 miles to the north. Figure 4, Lacal Vicinity — &dtt Street Site, shows the project site in local setting. North and east property lines are bounded by multi family and single-family residential uses, respectively. ■ 415 S. Raitt Street, Santa Ana, CA 92703 (0.45 acre) — APN 007-273-12 ■ 423 S. Raitt Street, Santa Ana, CA 92703 (0.64 acre) — APN 007-273-14 McFadden Site/Pacific Electric Park Pacific Electric Park, was previously known as the McFadden Site, and is located at the northeast corner of the intersection of McFadden Avenue and Orange Avenue, Santa Ana, California. This site is bounded by McFadden Avenue to the south, residences to the north, Maple Street to the east, and Orange Avenue to the west. McFadden Site/Pacific Electric Park is approximately 1.25 acres in size and identified as APNs 011-065- 19, 011-065-20, 011-065-21, 011-065-22, 011-065-23, 011-065-24. 1.2 ENVIRONMENTAL SETTING 1.2.1 Existing Land Use 6th Street Site The 6th Street Site was previously developed with single-family homes but is currently vacant with three trees but without any above -glade structures. See Figure 5, Aerial Pbatagraph — 6tb Street Site. The 6th Street Site is surrounded by a mixture of land uses such as residential, commercial, and institutional, but predominantly by multi- and single-family residential uses. The 6th Street Site is bordered by 2-story multi -family uses to the south, single- family uses to the west, Garfield Elementary School and Garfield Community Center across Lacey Street to the east, and multi -family residential uses to the north across 6th Street. The site is secured by chain - link fencing along the east, north, and portions of west boundaries and by block wall to the south as part of the garage. Raitt Street Site The Raitt Street Site is at the northeast corner of West Myrtle Street and South Raitt Street, comprised of 415 and 423 S. Raitt Street totaling 1.09 acres. See Figure 6, AerialPhotograph — Raitt Street Site. The Raitt Street Site is identified as APNs 007-273-12 and 14, and has two street fronts, Raitt Street to the west and Myrtle Street to the south. North and east property lines are bounded by multi -family and single-family residential uses, respectively. There are no above grade structures and the site is secured by chain -link fencing along south and west boundaries and masonrywall from the north and east residential properties. There are several trees on the property. 75C-25 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Fe Lo W'taaa 7s\\ (72i Fullerton Palma :akewaad - Hnwailart Gardens -- ---------- -Anaheim Cang Cypress " Sewh stoat , los Alamitos IN 1.39 I a 22 Seal estmmster .- it I Poufic Ocean Figure 1 - Regional Location -\�. Yorba Lirtdo Placentia 40 91' Vi(!a park _:-- `— Orange - l2'4],) 9hl trvme I Afisovie � i� J11MMf //F 17ie i Centennial Park (3000 W. Edinger Ave, Santa Ana) Note: Unincorporated county areas are shown in white. ,Q 6th Street Site (710, 714, and 720 E. 6th St.) Q Raitt Street Site (415 and 423 S. Raitt St.) © McFadden Site (Northeast Intersection of McFadden Ave and Orange Ave.) 0 3 Scale (Miles) Source: ESRI, 2018 75C-26 Pra`eVorkff *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-27 / � ' • ����E 5T )A'. �1 `�i,- .i.��f'�' � � [ i� •Ei I ram, N �. � y t.� �. _ antl pae�� _� -)pan,a'Si rft ~�4r-Q3 +�1 Y..si lt��•t�■ — 41 _ '11 -,QaueoN� 1 ISeltleyy c v aAVA," i o Ali. `o FIR` WeW R 1. ' e :' RI+ >•. Im; ,�'iR L c�UN- aIaweo,�c�g r Rempewg$ A ¢' rr. :" v �•� `� � .�s�^._ ..u��d Sm �- `s. i ,S Rasure, �YID ti - 3 a 0 e¢yni3y - z 2_ 19 "IF ,l � ' � � `nH wefl6ulryaN i ]S IIIIN N - Y i•.--n _ Zm r� }-1! rIS'3'FjN R . � l�aiPlYauol ne1e o1-ett $YI a�9 1, 11"':J-1N K� _ "Ki, ; *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-29 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT EXHI INITIAL STUDY T 2 CITY OF SANTA ANA Figure 3 - Local Vicinity - 6th Street Site - - E 1I1M1 St '. -.-.. o Qarman Al, w < 51 - a E 16Ih St Ins Derman 51 U a e m _ i y 2 H E +s[n 51 c ',Moen S _ E tsln E tun SL a m an E lrth St r E Washlnalon Ave E Waehm Blan Ava� Aeaas ..An St E 111h St E� �anC`dr s 3 p M e/O ilaaln,d 5l d n J W lhln Se E Idln 51 J r { Y e GieYbund ' F N t ; (� GrY Pmink LjnU Ma o �n1r Fm �] I.{E IROLI_ _ E Frvll St ' • u g` �i iF' IJI{ a i E y gy ro bnV Pna 3 Leridw a@�rA C.M., us seus 81n 5!= - 4W�e nV Pn E rya .. •191. E.. ,. I f 91 Orm da"Blvd _--_E5an to Ana BL - E 61h 51 E 61h SI W v LL = N ❑ - W SIn $t Fdm 51 t m e FUWa Pa g- E Sin 51 'E n Rin z a W 41h St - E aln 5t E 111, 51 - - W 31d 51 " E 3rd St E $ld SI m E 3rd St W and 51 E = a Etntl 51 = Elnd Sl= z asE}nd 51 2 AR d n - __ _ sh se _ — St— - M1al l i W Walnut St EWrin•t 51 EWemut 51 EWalnut St ,swear. - m E PIn.St v m U gW PEnine lne St •51 a m < - 9 NW Cheslnut Ave E CM1ranul Ave j U^ iE Ch Oln@ Ave E Chestnut Ave E Myrne St E MWlle St N 1 E Camlle 5[ E C.,.. EI Wanen 5l rei 1 E B11huP 5t E Blahep 51 -- HUMer Ave E Flun1l, Ave 1 E C,ant St - 6th Street Site (710, 714, and 720 E. 6th St.) 0 1,000 Scale (Feet) ESRI, 2018 7 5 C —30 PlaeeVorkr *:/ : 11-1 h WA Tbi _ iage intenkanally left blank. 75C-31 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 4 - Local Vicinity - Raitt Street Site N - Z 6l seewwr W 911, 31 W 91M1 SI Alse Ave -Civic Cenlee pr W - _ - —_ - Civic Center o,W W Itk 51 s^ ` i W nn St s e h'61a S1 LL W 611, 31 = = W 511, SI N W5m 51 a Q W]Itl St S _ = W 9 2 W S+nix Ana Blvd Cade Ced Wry em 1 q i _ - wives a W 5ia Sr W Srd SI i - 9u W rier x W Ind St �'OCB10 u mo^ a wind St wee Sl z wra 19'Wa1n0 St W Wslnul st LJ e Queen Ln-� w rl - I n W Pine Sla = PsfnttLn _ e _ - W Cfieetntll Ave - N Rgal Ln a Vi N C Princess Ln v, # pu[Hess Ln W Myrtle St W Mply 51 NW Camille 91 d 3 e N N W Willits 9l Y1 W WIIIita 51 E R,rv.151 _ g F MmM 51 N 'pa,aees Cnr, Richland Ave W Monla Vista Ave _ W 6M SI RA,m., st MldhlanA sr lolllvN Sl P w wietarm of = a' F W Break 51 `c G N Je�nm^ F'niA N y W CYbben 31 �y I N - W McFadden Ave W MCFaaeen Ave — G W Lena... En 5Aene } ^ W Russell Ave u e - 3 N N _ a' N w o." N N Ln N W pahl Le _ w wllshve dvn N a e _ _ W Wdxlare Ave - s m" Raitt Street Site (415 and 423 S. Raitt St.) 0 1,000 Scale Source: ESRI, 2018 75C-32 Pra`eVorkff *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-33 r V � � rraw�.ramrn � sk E 6th St - ti - �t r i ti I r4{ E 5th St n y Y R R *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-35 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 6 - Aerial Photograph - Raitt Street Site — — Raitt Street Site 0 125 Scale (Feet) ESRI, 2018 75C-36 Pra`ew°rkff *:/ : 11-1 h WA Tbi _ iage intentionally left blank 75C-37 *:/ :11-1 It WA McFadden Site/Pacific Electric Park The existing Pacific Electric Park opened in spring 2018. The park contains a small grove of fruit trees, a garden, and a small amphitheater, shade canopies, play equipment, jogging parcourse with exercise stations, and restroom. See Figure 7, Aerial Pbat-0graph — McFadden SitelPa fdc Electric Park. 1.2.2 Surrounding Land Use 6th Street Site The 6th Street Site is surrounded by a mixture of land uses such as residential, commercial, and institutional, but predominantly by multi- and sine -family residential uses. The 6th Street Site is bordered by multi -family uses to the south, single- family uses to the west, Garfield Elementary School and Garfield Community Center to the east Lacey Street, and multi -family residential uses to the north across E. 6th Street. A community retail store is at the northwest intersection of 6th Street and Lacey Street. Other recreational facilities in the area include Garfield Fitness Park approximately 400 feet to the east, Familias Cmazonea Verde Park, approximately 630 feet to the south, and French Park, approximately 0.3 mile to the northwest Raitt Street Site The Raitt Street Site is located highly urbanized residential area surrounded by single and multi -family units on all sides. The nearest non-residential uses from the Raitt Street Site are industrial uses approximately 550 feet to the west, on the west side of Daisy Avenue. The nearest recreational facilities from the Raitt Street Site is Jerome Park, approximately 0.4 to the southwest, and Friendship Park is approximately 0.42 mile to the west. McFadden Site/Pacific Electric Park Pacific Electric Park is surrounded by single-family residential units. A retail plaza with O'Reilly Auto Parts aid Domino's Pizza, approximately 565 feet to the west, is the nearest non-residential uses from the park. The Pacific Electric bicycle trail is runs along Maple Street adjacent to the Pacific Electric Park. 1.3 PROJECT BACKGROUND The Centennial Park is an 87-acre regional park at 3000 W. Edinger Avenue, Santa Ana, Orange County, California 92704. Centennial Park was developed on the land once owned and operated by the Unified States Government as a Communications Center, and the City of Santa Ana collaborated with the County of Orange to develop a regional recreational area. The City of Santa Ana acquired 21.65-acre portion of the Centennial Park through the Application for Federal Surplus Property (Application) in 1980, which is known as the Federal Communications Commission Site (FCC Site). The Application was granted under the condition that the FCC Site was to be used for park and recreation purposes in perpetuity under the terms of the Application conditions. Figure 8, Master Plan far Centennial Park, shows the limits of the FCC Site and the initial Master Plan for Centennial Park The city currently leases 2.6 acres of land at Centennial Park to RSCCD, and the leased 2.6-acre land is within the FCC Site. The RSCCD uses the site for its Santa Ana College's School of Continuing Education, Centennial 75C-38 *:/ : 11-1 h WA Education Center (CEC), which provides career -specific educational opportunities to adults. The 2.6-acie leased area is referred to as CEC Site. Although RSCCD's lease requires them to provide specific on site recreational activities; these activities have not been provided. The original 30-year agreement expired in November 2009, and because RSCCD did not fully satisfy its duties under the agreement to provide specific on -site recreational activities, RSCCD's request for the lease extension was refused. Instead, a five-year extension was granted to: 1) provide the requirements of the original lease, 2) vacate the property, or 3) provide replacement park property. RSCCD elected to provide replacement park property to replace the park facilities required under the lease with facilities of equal or greater value, and to continue to operate on the CEC Site. To this end, the RSCCD is currently pursuing a Federal Lands to Parks Land Exchange to remove the deed condition and transfer it to replacement parklands of an equivalent value in hopes that it may continue using the site for educational, not recreational, purposes. Due to the deed restrictions placed on FCC Site when it was conveyed from the federal government to the City of Santa Ana, approval from the National Park Service (NPS), a bureau of the Unified States Department of the Interior (DOH is required. Because NPS approval is required, the proposal to provide replacement park property must comply with the requirements of the National Environment Policy Act (NEPA. In 2012, the City prepared a Federal Lands to Parks Land Exchange request proposing a 1.25-acre site located along McFadden Avenue at Orange Avenue (McFadden Site) as a replacement for the CEC Site, and the following environmental documents were prepared for the McFadden Site in accordance with NEPA and CEQA. ■ National Park Service, Environmental Assessment, Proposed Pacific Electric Park Site, 2012 ■ City of Santa Ana, Mitigated Negative Declaration/Initial Study, Proposed Pacific Electric Park Site, 2012 Although the McFadden Site was subsequently determined to be insufficient to replace the CEC Site, McFadden Site was developed and opened in 2018 as the Pacific Electric Park. The City has since identified two additional properties, a 0.42-acre site located at the corner of 6th Street and Lacy Street (6th Street Site) and a 1.09-acre site at the corner of Raitt Street and Myrtle Street (Raitt Street Site), to be considered as part of the exchange. Therefore, the city proposes three replacement park sites totaling 2.76 acres as land exchange for the leased, 2.6-acre CEC Site. Figure 1, Regional Location, and Figure 2, Local Vicinity, show all three replacement park sites' relative locations to the Centennial Park. Federal Lands to Park Land Exchange Requirements indicate that replacement land must be of equivalent fair market and recreational value. The City of Santa Ana prepared the Recreational Value Assessment (RVA) for the three replacement park sites in August 2018 to provide justification of public recreational utility of the land proposed for exchange and its replacement The 2018 RVA concluded that the combined recreational value of the three proposed sites are of equivalent recreation value in comparison with the CEC Site at Centennial Park Because NPS approval is required, an Environmental Assessment (EA) has been prepared under a separate cover to satisfy the requirement of NEPA. 75C-39 `k. Normandy PI _ Tmi Harwood PI Now 4� „ d y I l , Old McFadden Ave E McFadden Ave a L Y .7 x w s — w 17. MR sse Al *:/ : 11-1 h WA Tbi _ iage intentionally left blank 75C-41 "u 0 0. LL *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-43 *:/ :11-1 It WA s ' :1:Z6aJX111A*III:71:11IQ► 1.4.1 Proposed Land Use The proposed project involves the construction and operation of replacement parklands in lieu of 2.6-acre, CEC Site leased to RSCCD in Centennial Park. The replacement parklands include three park sites, the 6th Street Site, Raitt Street Site, and McFadden Site/Pacific Electric Park The city constructed Pacific Electric Park on the McFadden Site, and the Pacific Electric Park opened in January 2018. Therefore, the proposed project involves construction and operation of two replacement parks on the 6th Street Site and the Raitt Street Site in the City of Santa Ana as described below. 6th Street Site The City of Santa Ana proposes to provide a neighborhood park on the 0.42-acre site. This park would be a walk-up, pedestrian park without vehicle parking lot that provides amenities such as overhead shade structures, playground equipment, benches and tables, picnic area, and a skate area. See Figure 9, Conceptual Site Plan - 6tb Street Site. The park would also include landscaping, rock bio Swale, drywell stormwater capture system, and bridges, and fenced and gated with wrought iron perimeter fencing on the north and east boundaries. The west boundary would be fenced with a terraced block wall ranging from 8 feet to 4 feet; an 8-foot block wall from the southern boundary to the length of the skate area (approximately 62 feet), then the wall height would be reduced to 6-foot, then 4foot, as shown in Figure 9. Nighttime lighting would be provided throughout the park from five 14foot, LED light poles. Main pedestrian access to the park would be from the corner of 6th Street and Lacey Street, and two other access would be provided from 6th Street and from Lacey Street. Raitt Street Site The city proposes to construct a neighborhood park on the 1.09-acre site. This park would be a walk-up, pedestrian park without vehicle parking lot that provides exercise area, tot lot with playground equipment, a skate area, walking path, restroom, drinking fountain, and picnic tables and benches. No fencing would be provided, except for the skate area, and the skate area would be fenced with wrought iron gate. The park would also provide various landscaping and trees, which incorporates drought tolerant landscaping and preservation of existing trees, and equipped with bio swales and drywell stmmwater capture system. Nighttime lighting would be installed throughout the park Three pedestrian access points are proposed for the park, two from Myrtle Street, and one at the corner of Myrtle Street and Raitt Street. See Figure 10, Conceptual Site Plan - &dtt Street Site. McFadden Site/Pacific Electric Park The city constructed a neighborhood park on the 1.4acre site known as the Pacific Electric Park. This park is a walk-up park that primarily serves the local neighborhood, and also serves as a rest stop for bicyclists and other recreational trail users. The Pacific Electric bicycle trail runs in a north to south direction parallel to Maple Street along the eastern border of the park The park contains a small grove of fruit trees, a garden, and a small amphitheatre for educational purposes on its western half. The eastern half of the park contains shade canopies and various playground equipment including swings, a slide/climber, and a rock climbing feature. A jogging 75C-44 *:/ : 11-1 h WA parcoufse with exercise stations is also provided with low intensity security lighting. The park landscaping has been designed with drought tolerant planting, dfip/water efficient irrigation, and a dry artificial streambed. No vehicle parking is provided. 1.4.2 Project Phasing Construction of the 6th Street Site started in Spring 2019 and the construction of the Raitt Street Site is tentatively scheduled to start in Summer 2019. The construction is anticipated to take approximately two to three months upon approval of necessary permits. 1.5 EXISTING ZONING AND GENERAL PLAN CEC Site: Centennial Park/Santa Ana College is designated as OS (Open Space) by the City of Santa Ana General Plan and zone O (Open Space). 6'h Street Site: This site is designated as UN (Urban Neighborhood) by the City of Santa Ana General Plan aid zoned O (Open Space). Raitt Street Site: This site is designated as OS (Open Space) by the City of Santa Ana General Plan and zoned O (Open Space). McFadden Site/Pacific Electric Park: Pacific Electric Park is designated as OS (Open Space) by the City of Santa Ana General Plan and zone O (Open Space). 1.6 CITYACTION REQUESTED ■ Approve the project ■ Adopt Mitigated Negative Declaration ■ Adopt Mitigation Monitoring and Repofting Program 75C-45 0z rQ Nr Jz rLL z0 r> Ur_ 'U O K a z w 2 U J w Y K Q a w (D w J O U z Z Q Q r z O Y K Q a J Q z z w r z w U L.L 13RJIS ADVI >N N >N V (O ro 75C-46 0 0. *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-47 0z r¢ Nr Jz rLL z0 r> U� 'U 0 K a z w 2 w U W Y K a U' w J J O U Z r z N Y a J z z W r z w U :r U) N U) y-+ N U) cu C (6 d ate+ U) C Q C O U a) 7 m Ll irvsJ�9txa _ 4 llarA A Va lmawAnOa W,? -Na�� wvv� N.aJYh .AUiXJiuwl a,ai.J,n� rw rwv yMJn$p aJ+7wwXa JHWire1 JXnauaC 75C-48 $iia�{ 3(IA3hY WWN9NIllON 'M�JSIx� m (9 0 0. *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-49 *:/ : 11-1 h WA 2. Environmental Checklist 2.1 PROJECT INFORMATION 1. Project Title: Centennial Pack/Santa Ana College Park Replacement Project 2. Lead Agency Name and Address: City of Santa Ana Parks, Recreation and Community Services Agency— M23 20 Civic Center Plaza, 2nd FLR., RM #272 Santa Ana, CA 92702 3. Contact Person and Phone Number: Ron Ono, Administrative Services Manager (714) 571 — 4220 4. Project Location: 6th Street Site • 710 E. 6th Street, Santa Ana, CA 92701 (0.14 acre) —APN 398-33403 • 714 E. 6th Street, Santa Ana, CA 92701 (0.14 acre) — APN 398-33404 • 720 E. 6th Street, Santa Ana, CA 92701 (0.14 acre) — APN 398-33405 Raitt Street Site • 415 S. Raitt Street, Santa Ana, CA 92703 (0.45 acre) —APN 007-273-12 • 423 S. Raitt Street, Santa Ana., CA 92703 (0.64 acre) — APN 007-273-14 McFadden Site/Pacific Electric Park • Northeast intersection of McFadden Avenue and Orange Avenue (1.4 acres, constructed) — APN 011-065-19 through 24 5. Project Sponsor's Name and Address: City of Santa Ana Parks, Recreation and Community Services Agency— M23 20 Civic Center Plaza Santa Ana, CA 92701 6. General Plan Designation: The City of Santa Ana General Plan land use designations are as follows: ■ Centennial Park/Santa Ana College: OS (Open Space) ■ 6th Street Site: UN 05-1.5 (Urban Neighborhood) 75C-50 *:/ : 11-1 h WA ■ Raitt Street Site: LR-7 (Low Density Residential) ■ McFadden/Pacific Electric Park: OS (Open Space) 7. Zoning: The City of Santa Ana zoning designations are follows: • Centennial Park/Santa Ana College — O (Open Space) • 6th Street Site — O (Open Space) • Raitt Street Site — O (Open Space) • Pacific Electric Park — O (Open Space) 8. Description of Project: The proposed project involves the construction and operation of replacement parklands in lieu of 2.6-acre leased to RSCCD in Centennial Park and being operated as Santa Ana College. The replacement parklands include three park sites, 6th Street Site, Raitt Street Site, and McFadden Site or Pacific Electric Park McFadden Site was already constructed as the Pacific Electric Park opened in January 2018. Therefore, the proposed project involves construction and operation of two community walk-up parks. 6th Street Site The city proposes to provide a neighborhood park on the 0.42-acre site. This park would be a walk-up, pedestrian park without vehicle parking lot that would primarily serve the local neighborhood. The park would provide overhead shade structures, playground equipment, benches and tables, picnic azea, and a skate area. The park would also provide landscaping, rock bio Swale, drywell stormwater capture system, and bridges, and install nighttime lighting throughout the park The park would be gated and fenced. Raiff Street Site The city proposes to provide a neighborhood park on the 1.09-acre site. This park would be a walk-up, pedestrian park without vehicle parking lot that would primarily serve the local neighborhood. The park would provide exercise area, tot lotwith playground equipment, walking path, restroom, benches, drinking fountain, picnic tables, and a skate area. Nighttime lighting would be installed throughout the park The park would also provide various landscaping and trees, which incorporates drought tolerant landscaping and preservation of existing trees. No fencing would be provided, except for the skate area. 9. Surrounding Land Uses and Setting: 6th Street Site The 6th Street Site is surrounded by a mixture of land uses such as residential, commercial, and institutional, but predominantly by multi- and single-family residential uses. The 6th Street Site is bordered by multi- family uses to the south, single- family uses to the west, Garfield Elementary School and Garfield Community Center to the east Lacey Street, and multi -family residential uses to the north across E. 6th Street. A community retail store is at the northwest intersection of 6th Street and Lacey Street. Other recreational facilities in the area include Gazfield Fitness Park approximately 400 feet to the east, Famihas Corazonea Verde Park, approximately 630 feet to the south, and French Park, approximately 0.3 mile to the northwest. 75C-51 *:/ : 11-1 h WA Raitt Street Site Raitt Street Site is located highly urbanized residential area surrounded by single and multi -family units on all sides. The nearest non-residential uses from the Raitt Street Site are industrial uses approximately 550 feet to the west, on the west side of Daisy Avenue. The nearest fecfeational facilities from the Raitt Street Site is Jerome Park, approximately 0.4 to the southwest, and Friendship Park is approximately 0.42 mile to the west. 10. Other Public Agencies Whose Approval Is Required: ■ National Park Service — Approve Recreational Value Assessment ■ Santa Ana Regional Water Quality Control BoardNationalPollution Discharge Elimination System Permit; issuance of waste discharge requirements and construction stmf ater funoff permits). ■ Orange County Fire Authority Fire and emergency access. ■ South Coast Alit -quality Management DistrictRule201: Permit to construct. 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Note: Conducting consultation earlyin the CEQA process allows tribal governments, lead agencies, and project proponents to discuss the level of environmental review, identify and address potential adverse impacts to tribal cultural resources, and reduce the potential for delay and conflict in the environmental review process. (See Public Resources Code section 21080.3.2) Information may also be available from the California Native American Heritage Commission's Sacred Lands File per Public Resources Code section 5097.94 and the California Historical Resources Information System administered by the California Office of Historic Preservation. Please also note that Public Resources Code section 21082.3(c) contains provisions specific to confidentiality. The City of Santa Ana received the list of tribal groups that may be affiliated with the project area from the Native American Heritage Commission, and sent letters requesting consultation to six tribal groups. The consultation request letters were sent on December 5, 2018 via mail and email, and the tribes were given 30 days to respond to the fequest. The 30-day closed on January 4, 2019, and no response was received. See Section 3.17, Tribal Cultural Resources. 75C-52 *AV : 11-1 h WA CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT INITIAL STAGY CITY OF SA.NTA ANA 2. Environmental Checklist 2.2 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture / Forestry Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Energy ❑ Geology/Soils ❑ Greenhouse Gas Emissions ❑ Hazards and Hazardous Materials ❑ Hydrology/Water Quality ❑ Land Use I Planning ❑ Mineral Resources ❑ Noise ❑ Population I Housing ❑ Public Services ❑ Recreation ❑ Transportation ❑ Tribal Cultural Resources ❑ Utilities / Service Systems ❑ Wildfire ❑ Mandatory Findings of Significance 2.3 DETERMINATION (TO BE COMPLETED BY THE LEAD AGENCY) On the basis of this initial evaluation. I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are unposed upon the proposed project, hing further is required. p * S-1h— 19 Signa ire Date Page 30 75C-53 Placef8'nrks *:/ : 11-1 h WA 6,lA%1111L1IMkito]A:Iki1yIIkale] ►I vi1:1►IF_101 viWI«K A brief explanation is required for all answers except "No Impact' answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact' answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact' answer should be explained where it is based on project -specific factors, as well as general standards (e.g., the project would not expose sensitive receptors to pollutants, based on a project- specific screening analysis. 2. All answers must take account of the whole action involved, including off site as well as on site, cumulative as well as project level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact' is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact' entries when the determination is made, an FIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact' to a "Less Than Significant Impact" The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. S. Earlier analyses may be used where, pursuant to the tiering, program FIR, or other CEQA process, an effect has been adequately analyzed in an earlier FIR or negative declaration. Section I5063(c)(3)(D). In this case, a brief discussion should identify the following: s Earlier Analyses Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site -specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 75C-54 *:/:I1-3111ira 8. This is only a suggested form, and lead agencies ace free to use different formats; however, lead agencies should normally address the questions from this checklist that ace relevant to a project's environmental effects in whatever format is selected. 9. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance. Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporated Impact Impact I. AESTHETICS. Except as provided in Public Resources Code Section 21099, would the project: a) Have a substantial adverse effect on a scenic vista? X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings X within a state scenic highway? c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced X from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? d) Create a new source of substantial light or glare which would X adversely affect day or nighttime views in the area? II. AGRICULTURE AND FORESTRY RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared bythe California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would theproject: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring X Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a X Williamson Actcontract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code X Section 4526), or timbedand zoned Timberland Production (as defined by Government Code Section 51104(g))? d) Result in the loss of forest land or conversion of forest land to X non -forest use? 75C-55 *:/:I1-3111ira Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporated Impact Impact e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non-agricultural use or conversion of forest land to non -forest use? III. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air X quality plan? b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment X under an applicable federal or state ambient air quality standard? c) Expose sensitive receptors to substantial pollutant X concentrations? d) Result in other emissions (such as those leading to odors) X adversely affecting a substantial numberof people? IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, X policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional X plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal X pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established X native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or X ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or X other approved local, regional, or state habitat conservation plan? V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a X historical resource pursuant to § 15064.5? b) Cause a substantial adverse change in the significance of an X archaeological resource pursuant to § 15064.5? c) Disturb any human remains, including those interred outside X of dedicated cemeteries? 75C-56 *:/:I1-3111ira Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporated Impact Impact VI. ENERGY. Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy X resources, during project construction or operation? b) Conflict with or obstruct a state or local plan for renewable X energy or energy efficiency? VII. GEOLOGY AND SOILS. Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area or based X on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? X iii) Seismic -related ground failure, including liquefaction? X iv) Landslides? X b) Result in substantial soil erosion or the loss of topsoil? X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on -or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Cade (1994), creating substantial direct X or indirect risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems X where sewers are not available for the disposal of waste water? f) Directly or indirectly destroy a unique paleontological resource X or site or unique geologic feature? VIII. GREENHOUSE GAS EMISSIONS. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the X environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse X gases? IX. HAZARDS AND HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous X materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? 75C-57 *:/ : 11-1 h WA Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporated Impact Impact c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter X mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Cade X § 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety X hazard or excessive noise for people residing or working in the project area? f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation X plan? g) Expose people or structures, either directly or indirectly, to a X significant risk of loss, injury or death involving wildland fires? X. HYDROLOGY AND WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or X ground water quality? b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project X may impede sustainable groundwater management of the basin? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) result in a substantial erosion or siltation on -or off -site, X ii) substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or X offsite, iii) create or contribute runoff water which would exceed the capacity of existing or planned stonnwaterdrainage X systems or provide substantial additional sources of polluted runoff, or iv) impede or redirect flood flows? X d) In flood hazard, tsunami, or seiche zones, risk release of X pollutants due to project inundation? e) Conflict with or obstruct implementation of a water quality X control plan or sustainable groundwater management plan? XI. LAND USE AND PLANNING. Would the project: a) Physically divide an established community? X b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the X purpose of avoiding or mitigating an environmental effect? 75C-58 *:/:I1-3111ira Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporated Impact Impact XII. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the X state? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, X specific plan or other land use plan? XIII. NOISE. Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess X of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Generation of excessive groundborne vibration or X groundborne noise levels? c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use X airport, would the project expose people residing or working in the project area to excessive noise levels? XIV. POPULATION AND HOUSING. Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing X elsewhere? XV. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: a) Fire protection? X b) Police protection? X c) Schools? X d) Parks X e) Other public facilities? X XVI. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that X substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might X have an adverse physical effect on the environment? 75C-59 *:/ : 11-1 h WA Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporated Impact Impact XVII. TRANSPORTATION. Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and X pedestrian facilities? b) Conflict or be inconsistent with CEOA Guidelines § 15064.3, X subdivision (b)? c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or X incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? X XVIII. TRIBAL CULTURAL RESOURCES. a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code § 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the Califomia Register of Historical Resources, or in a local register of historical X resources as defined in Public Resources Code section 5020.1(k), or ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code § 5024.1. In applying the X criteria set forth in subdivision (c) of Public Resource Code § 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. AX. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications X facilities, the construction or relocation of which could cause significant environmental effects? b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during X normal, dry and multiple dry years? c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has X adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise X impair the attainment of solid waste reduction goals? e) Comply with federal, state, and local management and X reduction statutes and regulations related to solid waste? 75C-60 *:/:I1-3111WA Less Than Significant Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporated Impact Impact XX. WILDFIRE. If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or X emergency evacuation plan? b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to X pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire X risk or that may result in temporary or ongoing impacts to the environment? d) Expose people or structures to significant asks, including downslope or downstream flooding or landslides, as a result of X runoff, post -fire slope instability, or drainage changes? XXI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a X plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are X considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or X indirectly? 75C-61 *:/ : 11-1 h WA 3. Environmental Analvsis Section 2.4 provided a checklist of environmental impacts. This section provides an evaluation of the impact categories and questions contained in the checklist and identifies mitigation measures, if applicable. Except as provided in Public Resources Code Section 21099, would the project: 3.1 AESTHETICS a) Have a substantial adverse effect on a scenic vista? No Impact. The replacement park sites are in highly urbanized fesidential neighborhood. Thefe are no scenic views from, of m the immediate vicinity of the project site. Park amenities such as shade canopies, playground equipment, benches, small storage sheds, and a festroom budding would not obstruct any scenic vista Therefore, no impact is anticipated. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The replacement park sites are in highly urbanized fesidential neighborhoods, and there are no scenic resources on or in the immediate vicinity of the project site. The closest scenic highway is the portion of State Route (SR) 91 between SR-55 to east of the Anaheim city limit, approximately 6.7 miles and approximately 8 miles to the north fiom the 6th Street Site and the Raitt Street Site, respectively (Caltrans 2011). Considering the distance, topography, and intervening development, no visual impacts would occur within a state scenic highway. Pacific Coast Highway is an eligible scenic highway and is approximately 8.4 miles and 9.7 miles to the southwest from the Raitt Street Site and the 6th Street Site, respectively. Therefore, no impact is anticipated. c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Less Than Significant Impact. The replacement pmk sites me in highly urbanized residential neighborhood, and two replacement park sites are vacant with no above -grade structures. Implementation of the proposed project would provide pedestrian community parks with overhead shade structures, playground equipment, benches and tables, picnic area, and a skate area. The park would also provide various landscaping and trees, which incorporates drought tolerant landscaping and preservation of existing trees. Visual impacts are subjective, and development of a park in residential neighborhood is generally considered beneficial impacts that improves visual character of a site and its surroundings. The proposed project would not obstruct any protected views of significant visual resources from adjacent residential uses; therefore, no substantial adverse visual impact is anticipated. The proposed project would change the existing visual quality, but the changes 75C-62 *:/ : 11-1 h WA would not degrade the existing aesthetic quality, and impacts would be considered less than significant. No mitigation measures are required. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant With Mitigation Incorporated. The immediate area surrounding the replacement project sites are characterized by residential development. Existing lighting sources include streetlights and interior building lights in residential setting. The 6u Street Site and the Raitt Street Site would include nighttime lighting for the skate area and rest of the park area. Figure 11, Nighttime Light Poles, shows the type of nighttime lighting to be installed at the parks. The light poles are anticipated to be 14 feet tall LED fixtures from Leotek Electronics that conserves energy and focused to minimize light overflow into the night sky or adjacent properties. Figure 12, 6th Street Site Photometric Plan 1, illustrates projected foot-candle (fc) levels at ground level at approximately 10-foot intefval from the light fixtures at the 6" Street Site. Foot-candle is the unit of measure expressing the quantity of light on a surface. One foot-candle is the illuminance produced by a candle on a surface of one square foot from a distance of one foot. The general benchmarks for light levels are shown in Table 1. As shown in Figure 12, there would be a total of five light poles on the 6u Street Site, acid the light levels would range from 24 fc to 0.5 fc. Table 1 General Light Levels Benchmark Outdoor Light Foots ndles Direct Sunlight 10,000 Full Daylight 1,000 Overcast Day 100 Dusk 10 Twilight 1 Deep Twilight 0.1 Full Moon 0.01 Quarter Moon 0.001 Moonless Night 0.0001 Overcast Night 0.00001 Gas station canopies 25-30 Typical neighborhood streetlight 1.0-5.0 Source: NOAO 2016. 75C-63 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA TOP OF 2 1/2" WIDE x 8" HIGH MIN HANDHOLE WITH GROUNDING LUGS, GASKETED COVER AND TAMPERPROOF SCREWS 14'-1" ANCHOR BOLTS BY POLE MANUFACTURER, PROVIDE 2 NUTS FOR EACH BOLT FOR LEVELING APPLY ANTI —GRAFFITI COATING 24" GRADE u' f'3 HORIZONTAL TIES 1 012 � O.C. BOTH WAYS 5'_O a Design West Engineering, 2018 Figure 11 - Nighttime Light Poles -LED FIXTURE 700MA, 16,000 LUMENS, DARK BRONZE HOUSING, EPA = 1.2SF LEO TEKI AR13-18M-MV-MW-3-4-DB-700-RPA (155W) "OPTICAL DISTRIBUTION TYPE: T3, T4, 75R, T5SW PER PLAN TAPERED 6" ROUND 14'-1" BROWN AGGREGATE CONCRETE POLE, AMERON OR EQUAL BY STRESS CRETE COLOR TO MATCH FIXTURE, WITH ANTI -GRAFFITI COATING AMERON POLE) MBR-4.3-14.1' ON 18" BASE COLOR# BZ3 BRONZE WITH EXPOSED FINISH AND AMERISHIELD COATING GROUT CAP PER SPECIFICATIONS TO COVER NUTS, APPLY ANTI -GRAFFITI COATING 2" CHAMFER ALL AROUND PROVIDE 3 ROWS OF HORIZONTAL $3 TIES AT 3"O.C. IN TOP 9" OF FOOTING � 24"6 } i 1` 24" MIN. E L PROVIDE 1 PULL BOX PER FIXTURE EXISTING CONDUIT AND WIRE, OR NEW WHERE SHOWN ON PLANS 3/4"C-2#10,1110G MINIMUM 14"C-2#12,1112G FROM PB TO FIXTURE .ESS NOTED OTHERWISE) ON PLAN, !4" RADIUS SWEEPS BETWEEN PB 9 FOUNDATION. 5133883 (SCHED 40 PVC) VERTICAL BARS W/ DARD 90' HOOK AT TOP 0 4 Scale (Feet) 75C-64 Prn`ew°r ff *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-65 cc cc IL U CN C O s IL U) a) N N U) s co 1 N N 7 LL 9 9 9 9 a• e♦ e• a O 9 m.. �.m e• 'S I - V �. .ru . . M _ ____ ____ ________ • a 4 ry • a . a M . v • g f M N 0.r0.r • 4 P n 1 m C Y m Y U 6 4 • • • ry - m ry � I • yN wa i • • p• - 1! t w# � • ry• ry • m < m ' ... ♦ . 9 9 9 9 4 G 9 "Em 0 0. *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-67 *:/ : 11-1 h WA Spill light refers to light from a lighting installation that falls outside the boundaries of the property for which it is intended, and light trespass refers to spill light that, because of quantitative, directional, or type of light, causes annoyance, discomfort, or loss in visual performance and visibility. Light trespass is light cast where it is not wanted or needed, such as light from a streetlight or a floodlight that illuminates someone's bedroom at night, making it difficult to sleep. Glare refers to light that causes visual discomfort or disability or a loss of visual performance when a bright object appears against a darkbackground. Glare can be generated by building- exterior materials, surface paving materials, vehicles traveling or parked on roads and driveways, and stadium lights. Any highly reflective facade material is a concern because buildings can reflect bright sunrays. The City does not have an established threshold level for evaluating lighting impact. However, in urban environment with moderately high ambient lighting (i.e., LZ3 [lighting zone 3]), light trespass impacts could be considered significant if the vertical illuminance exceeds 0.8 fc. Lighting zones are assigned based on population figures from the 2000 Census and different lighting standards are set for each lighting zone (LZ). Areas can be designated LZl (dark), LZ2 (rural), or LZ3 (urban) (California Code of Regulations, Title 24, parts 1 and 6. For this analysis, a threshold of 0.8 fc, close to twilight condition as described in Table 1, is used. Although it is not possible to completely eliminate spill light, light trespass, and glare from the new light sources, as shown in Figure 13, 6tb Sheet Siz Photometric Plan 2, light levels along the edges of the park near the western boundary would not exceed 1.1 fc, which would be slightly brighter than under twilight condition (see Table 1). The light levels would decrease even more with distance. The lighting level at southern boundary would be slightly brighter at 1.4 fc, but the southern boundary is bordered by a row of parking garages, therefore, would not be affected by the increased light levels. Figure 14, Tali Vien, lighting Visual Simulation, illustrates computer generated view of the photometric plan shown in Figure 13. As shown, light trespass impacts of the proposed project would not be significant, as light levels at 1.1 fc would not adversely impact nighttime views of the area. Figure 15, lighting Visual Simulation, Bird's Eye Vien� from Soutbi est Career, and Figure 16, lighting Visual Simulation, Bird's Eye Vien from Northeast Comer, show bird's eye views of the 6u Street Site from the southwest and northeast corners of the site, respectively. These visual simulations were created by using IES files that contain measurements of light and light quantities. As shown, the proposed nighttime lighting would be focused at intended areas of the park without resulting in substantial spill light impact on the edges of the park The City is also proposing 8-foot to 4foot wall along the western boundary of the park, therefore, would further reducing spill light onto the adjacent residential uses As shown in Figure 13, 6th Sheet Site Photometric Plan 2, the maximum light levels along the western boundary would range from 0.2 fc to 1.1 fc. However, there is no east facing window on the 2-story residence to the west, and the one-story residential structure is approximately 10 feet from the western property line, and the lighting level at this structure would be 0.0 fc. Therefore, light trespass impacts at the nearest residential structure would not exceed 0.8 fc, and impacts would be considered less than significant. Although no specific lighting plan has been developed for the Raitt Street Site, similar type of nighttime lighting as the 6u Street Site would be provided. Since the nearest sensitive residence is approximately 10 feet from the park site, farther than the residential structures for the 6th Street Site, it is anticipated that the foot candle levels 75C-68 *:/ : 11-1 h WA at this location would be similar to or less than what was projected at the 6th Street Site. Therefore, a mitigation measure has been incorporated to ensure that lighting system to be installed at the park sites perform at similar level as evaluated, and that the light levels along the project boundaries are a close match to the photometric levels identified in Figures 12 and 13. With implementation of Mitigation Measure AE-1, the proposed project would not create substantial light of glare impact that could affect day of nighttime views in the area. Impacts would be less than significant with mitigation incorporated. Mitigation Measure AE-I The City of Santa Ana shall perform field light measurements after the lighting pole installation to demonstrate that actual spill light levels near the adjacent residential units to the west and south are a close match to the levels indicated in the light levels plan shown in Figure 12, 6th Street Sik Photometric Plan 1, and Figure 13, 6th Street Site Photometric Plan 2. The light levels shall not exceed 0.8 foot-candle at the habitable residential structure, and luminaires) affixed on the pole shall be shielded and adjusted so that no direct upward beam is permitted. K 1 PWITC] Oki 181111101:14a1 � I Il 161:7 *] i WkYA :1 *9111:Zd V In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest fesources, including timberland, are significant environmental effects, lead agencies may fefef to mfofmation compiled by the California Department of Forestry and Fire Protection regarding the states inventory of forest land, including the Forest and Range Assessment Pfoject and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project a) Convert Prune Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact. The replacement park sites are identified as "urban and built-up land" by the Department of Conservation California Important Farmland Finder (DOC 2014). The replacement park sites have been previously developed and are currently vacant. No farmland would be converted to nonagricultural use. No impact would occur, and no mitigation measures are required. b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact. The 6th Street Site and the Raitt Street Site are zoned O (Open Space). No agricultural zoning or Williamson Act contract is applicable to the replacement park sites. Implementation of the proposed project would not conflict with existing zoning for agricultural use. No impact would occur, and no mitigation measures are required. 75C-69 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 13 - 6th Street Site Photometric Plan 2 1 0...4 0.7 :6 1.2-1.2-1.1_0.8 0.9 1.2 1.2 1.5 0.7 0.4 0.2 1 . Oro 0:8-3:1 6i8-8-3-6:6-3:4-1-5-2,9-5:9-1..9-6.9 3.1 1.1 0.4 0.2 i 4 � h �„ 0.8 2.5 6.4 10.4 1.0 9.3 5.2 2.5 4.9 9.4 10.7 9.8 6.44 0?6 0.2 0 0. 2.9 5.6, 6.3 5.8 5.8 4.3 4.0 4.4 6.0 5.8 5.9 4.8 219 0.7 0!3 0 1.1 2.3 3.7 3.8 3.4 3.3 3.1 3.6 4.0 3.1 3.1 11t9 1.48 03 0 1.1 1�6ti 2.55 ,2.7 3.4 4.1 4.3 4.7 4.0 2.9 2. 1<9 1.9 1.4 0.8 014 0 0. 1.3 2.0 2A 4.5 6.4 9.8 .6+4 5.0 A.9 2e1�1.6 1.3 1.0 0.7 OI.E 42=08-2.5 5.2 9.1 18.8 9.4 5.6 2.9 2.2 1.7 1.3 1.0 0.9r0'.6 03 5 1,0 1.4 1.4 0:8 .6 0.4 .4 0. .4 0.7 O51 0.3 0.0 0.0 0.0 0.0 1.4 2.2 2.9 5.3, 10.5 11.0 5.7 3.7 3.2Y 2.1 1.6 1.4 3.3 1.0 1.9 3.1 4.5 6.8 111s4 18.6 12.3 6.9 5.5 15.1 5.1 7.4 4.3 3.2 2:7 2.4 11.5 "' 2.3 4.6 72 81, 10.1 12:3 519 1.3 6.0 5.4 3.3 1.8 5.8 9.1 10 9 I10.0 7,,t, 5.3 � 3.3 4.9 8.5 , 12.2 10.6 8.0 4.1 1.4 1.2 4.1 8.0 1 6:0_ 5� 2.7-.1.2'1.1 1�1 3.5{ 7.5 5.1 2.5 0.8 0.3 Light Meter Location Size Distance to Site Maximum Minimun Main 110' x 130' On site 24.3 is 0.8 fc Property Line Varies On site 2.2 is 0.2 fc Tap 11X160, 6'iromcurb 0.2ic 0.0fc Right 150'x1' Strom curb 0.3ic 0.0fc Bottom 1' x 170' 14' from boundary 0.1 is 0.0 fc Left 150' x 1' 15' from the boundary 0.3 is 0.0 fc Note: Light meter is placed at ground level. 0 40 Scale (Feet) Pra`eVorkff *:/ : 11-1 h WA Tbisliage intentionally left blank 75C-71 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 14 - Top View Lighting Visual Simulation o ao Scale (Feet) Pra`ew°rkff *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-73 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 15 - Lighting Visual Simulation, Bird's Eye View from Southwest Corner 75C-74 Pra`ew°rkff *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-75 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 16 - Lighting Visual Simulation, Bird's Eye View from Northeast Corner 75C-76 Pra`ew°rkff *:/ : 11-1 h WA Tbi _page intentionally let blank. 75C-77 *:/ : 11-1 h WA c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? No Impact. The replacement park sites are vacant but have been previously developed with urban uses. The 6th Street Site and the Raitt Street Site are zoned 0 (Open Space. Implementation of the Proposed Project would not conflict with existing zoning or cause rezoning of forest land or timberland. The project site is on a federal Au Force base, and the county zoning designation does not apply. No conflict with forest land would occur and no mitigation measures are required. d) Result in the loss of forest land or conversion of forest land to non -forest use? No Impact. See Section 3.2 (c), above. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non -forest use? No Impact. The replacement park sites are located in highly urbanized neighborhood mid have been previously developed with urban uses. No farmland or forest land conversion would be necessary. No impact would occur, and no mitigation measures are required. 3.3 AIR QUALITY The Air Quality section addresses the impacts of the proposed project on ambient air quality and the exposure of people, especially sensitive individuals, to unhealthful pollutant concentrations. A background discussion on the air quality regulatory setting, meteorological conditions, existing ambient air quality in the vicinity of the project site, and air quality modeling can be found in Appendix A. The primary air pollutants of concern for which ambient au quality standards (AAQS) have been established are ozone (03), carbon monoxide (CO), coarse inhalable particulate matter (PM3o), fine inhalable particulate matter (PMz s), sulfur dioxide (SO2), nitrogen dioxide (NO2), and lead (Pb). Areas are classified under the federal and California Clean Au Act as either in attainment or nonattainment for each criteria pollutant based on whether the AAQS have been achieved. The South Coast Au Basin (SoCAB), which is managed by the South Coast Air Quality Management District (SCAQMD), is designated nonattainment for 03, and PMz s under the California and National AAQS, nonattamment for PM3o under the California AAQS, and nonattamment for lead (Los Angeles County only) under the National AAQS (CARB 2017a). Where available, the significance criteria established by the applicable air quality management district of air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact. SCAQMD adopted the 2016 Air Quality Management Plan on March 3, 2017. Regional growth projections are used by SCAQMD to forecast future emission levels in the SoCAB. For 75C-78 *:/:I1-3111WA southern California, these regional growth projections are provided by the Southern California Association of Governments (SCAG) and are partially based on land use designations included in city/county general plans. Typically, only large, regionally significant projects have the potential to affect the regional growth projections. In addition, the consistency analysis is generally only required in connection with the adoption of General Plans, specific plans, and significant projects. The proposed project would not be considered a regionally significant project that would warrant Intergovernmental Review by SCAG under CEQA Guidelines section 15206. The General Plan designates the 6th Street Site and the Raitt Street Site for urban neighborhood and open space, and the proposed project accommodates the need for services such as recreation within the residential communities. Therefore, the proposed project does not have the potential to substantially affect the regional growth of the City. In addition, operation -phase emissions associated with the two park sites would not exceed the SCAQMD regional significance thresholds. Thus, implementation of the proposed project would not interfere with of obstruct implementation of the AQMP. Therefore, impacts are less than significant, and no mitigation measures are requited. b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard? Less Than Significant Impact. The following describes projectrelatedimpacts from regional short-term construction activities and regional long-term operation of the proposed project. Regional Short -Term Construction Impacts The proposed project would result in the construction of a two new city parks on Raitt Street and 6th Street in the City of Santa Ana. Each park would be equipped with an exercise area, tot lot with playground equipment, a skate area, walking path, restroom, and picnic tables and shade structure. Each city park is tentatively scheduled to be constructed over an approximately two and a half month period in 2019. Air pollutant emissions for construction of the new parks are based on the preliminary phasing schedule which includes grading, building construction, and paving. The proposed project construction related emissions shown in Table 2, Maximum DailA Regional Construction Emissions, are quantified using California Emissions Estimator Model, Version 2016.3.2 (CalEEMod), and are based on the construction schedule provided and the equipment list recommended for the proposed project in the default CalEEMod. The proposed project involves the construction of two community parks in the City of Santa Ana, 6th Street Site is a 0.42-acre site and the Raitt Street Site is a 1.09-acre site. The maximum daily emissions were based on the construction of the largest park, the Raitt Street Site, because it would provide a "worst case" scenario of emissions produced for each park Total maximum daily emissions present emissions from both park sites combined. As shown in the table, air pollutant emissions from construction related activities would be less than their respective SCAQMD regional significance threshold values. Therefore, au quality impacts from projectrelatedconstruction activities would be less than significant. 75C-79 *:/:I1-3111ia Table 2 Maximum Daily Regional Construction Emissions Construction Phase Criteria Air Pollutant Emissions Ibslda ',z' VOC NOx CO 87 PMn PM21 Raitt Street Site- Worst -Case Grading 1 16 7 <1 3 2 Building Construction 2 17 14 <1 1 1 Building Construction + Paving 3 26 24 <1 2 1 Raiff Street Site Maximum Daily Construction Emissions 3 26 24 <1 3 2 Total Maximum Daily Construction 6th Street Ste + Raitt Street Ste 6 52 46 <1 6 4 SCAQMD Regional Significance Threshold 75 100 550 150 150 55 Exceeds Threshold? No No No No No No Source: CalEEMod Version 2016.3.2 Notes: Totals may not total to 100 percent due to rounding. 1 Construction phasing is based on the preliminary information provided by the applicant Where specific information regarding proposed project -related construction activities was not available, construction assumptions were based on CalEEMod defaults, which are based on construction surveys conducted by SCAQMD of construction equipment and phasing for comparable pmjecs. 3 Includes implementation of fugitive dust control measures under SCAQMD Rule 403, including watering disturbed areas a minimum of two times per day, reducing speed limit to 15 miles per hour on unpaved surfaces, replacing ground cover quickly, and street sweeping with Rule 1186-compliant sweepers. Modeling also assumes a VOC of 100 g'L pursuant to SCAQMD Rule 1113. ] Modelino associated with the Raid Street Site also reflects a conservafive evaluation of mnstmcfion at the 61ti Street Site Regional Long -Term Operation -Phase Impacts Typically, the primacy source of new long-term criteria air pollutants generated by a project is mobile -source emissions from vehicle trips Because both replacement parks would be constructed to serve nearby residences, they are considered as walk-up facilities which would result in minimal additional trip increases or change in traffic volumes (i.e., less than 9 peak hour trips from the 6th Street Site and the Raitt Street Site combined). The proposed project does not include the construction of on -site parking or uses that typically generate substantial increases in vehicular traffic such as ball fields and skate parks. Other projectrelatedemissions are derived from area sources (e.g., landscape equipment and aerosol use), building energy (energy use for cooling, heating, and cooking), and on site off foad equipment; these are analyzed based on the net increase in building square footage. Since the proposed project do not include a substantial increase in building square footage, new source air pollution or an increase in onsite emissions would be minimal and would not exceed SCAQMD regional significance threshold values. Therefore, impacts to the regional an quality from project -related operation activities would be less than significant and no mitigation measures are necessary. c) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact. The following describes changes in localized impacts from short-term construction activities and long-term operation of the proposed project. 75C-80 *:/ : 11-1 h WA Construction Localized Construction Impacts A project could expose sensitive receptors to elevated pollutant concentrations during construction activities if it would cause or contribute significantly to elevated levels. Unlike the mass of construction emissions shown in the regional emissions analysis in Table 2, Maximum Daily Regional Construction Emissions, which are described in pounds per day (lbs/day), localized concentrations refer to an amount of pollutant in a volume of air (parts per million or micrograms per square meter [ppm or µg/m3]) and can be correlated to potential health effects. Localized significance thresholds (LSTs) are the amount of project -related emissions at which localized concentrations (ppm or µg/m3) could exceed the AAQSs for criteria air pollutants for which the SoCAB is designated nonattauunent. LSTs are based on the proposed project site size and distance to the nearest sensitive receptor. Thresholds are based on the California AAQS, which are the most stringent AAQS, established to provide a margin of safety in the protection of the public health and welfare. They are designed to protect nearby sensitive receptors in source receptor areas (SRA)s most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Air pollutant emissions generated by construction activities are anticipated to cause temporary increases in air pollutant concentrations. Table 3, Maximum Daily Onsite Locak.Zed Construction Emissions, shows the maximum daily construction emissions (lbs/day) generated during onsite construction activities compared with the SCAQMD's LSTs. As shown in the table, project related construction would not generate emissions that would exceed the LSTs. Therefore, it does not have the potential to expose sensitive receptors to substantial pollutant concentrations. Localized air quality impacts from construction activities would be less than significant. Table 3 Maximum Daily Onsite Localized Construction Emissions Source Pollutants(lbslday)r,u NO, CO PIV" PMzs Year 2019 - Grading 16 7 3 2 SCAQMD 1.09-acre LST 84 506 4 3 Exceeds LST? No No No No Year 2019 - Building Construction 16 13 1 1 SGAQMD 1.00-acre LST 81 485 4 3 Exceeds LST? No No No No Year 2019-2020 - Building Construction + Paving 25 22 1 1 SCAQMD 1.00-acre LST 81 485 4 3 Exceeds LST? No No No No Source: CalEEMod Version 2016.3.2.; SCAQMD 2008 and SCAQMD 2011. Notes: In aaxdancewith SCAQMD methodology, only onside stationarysouroes and mobile equipment oxurnng on the proposed project site are included in the analysis. Construction NOx and CO LSTs are based on norrsensitive receptors within 82 feet (25 meters) in SRA 17. Construction PMro and PMzs LSTs are based on sensitive receptors within 82 feet (25 meters) in SRA 17. 1 Quantification are based off park the Red Street Site to provide a maximum or %orst case" scenario of emissions produced. 2 Construction phasing is based on the preliminary information provided by the Applicant. Where specgc information regarding projectfelated construction activities was not available, construction assumptions were based on CaIEEMod defaults, which are based on construction surveys conducted by SCAQMD of construction equipment and phasing for can parable projects. 3 Includes implementation of fugitive dust control measures required by SCAQMD under Rule 403, including watering disturbed areas a minimum of two times per day, 75C-81 *:/ : 11-1 h WA Health Risk SCAQMD currently does not require health risk assessments to be conducted for short-term emissions from construction equipment. Emissions from construction equipment primarily consist of diesel particulate matter (DPM). The Office of Environmental Health Hazard Assessment (OEHHA) adopted guidance for the preparation of health risk assessments in March 2015. OEHHA has developed a cancer risk factor and noncancer chronic reference exposure level for DPM, but these factors are based on continuous exposure over a 30-year time frame. No short-term acute exposure levels have been developed for DPM. SCAQMD currently does not require the evaluation of long-term excess cancer risk or chronic health impacts for a short-term project. The replacement parks would each be developed in approximately two and a half months. The relatively short duration when compared to a 30-year time frame would limit exposures to on -site and off site receptors. In addition, exhaust emissions from off road vehicles associated with overall projectrelatedconstruction activities would not exceed the screening- level LSTs. For these reasons, it is anticipated that construction emissions would not pose a threat to off site receptors near the replacement park sites, and projectrelated construction health impacts would be less than significant. Operation Localized Operation -Phase Impacts Land uses that have the potential to generate substantial stationary sources of emissions that would require a permit from SCAQMD include industrial land uses, such as chemical processing and warehousing operations where substantial truck idling could occur onsite. The proposed project does not fall within these categories of uses. Although the park sites would have occasional use of landscaping equipment for property maintenance which would generate area source emissions, on site emissions would not exceed SCAQMD LSTs. Thus, operational emissions would not exceed the California AAQS and project operation would not expose sensitive receptors to substantial pollutant concentrations. Therefore, impacts would be less than significant Carbon Monoxide Hotspots Areas of vehicle congestion have the potential to create pockets of CO called hot spots. These pockets have the potential to exceed the state one hour standard of 20 parts per million (ppm) or the eight hour standard of 9.0 ppm. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to AAQS is typically demonstrated through an analysis of localized CO concentrations. Hot spots are typically produced at intersections, where traffic congestion is highest because vehicles queue for longer periods and are subject to reduced speeds. The SoCAB has been designated as attainment under both the national and California AAQS for CO. Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour�m 24,000 vehicles per hour where vertical and/or horizontal mixing is substantially limited in order to generate a significant CO impact (BAAQMD 2017). The proposed project is anticipated to generate less than 2 daily trips from both the 6th Street Site and the Raitt Street Site combined, therefore, there would not be any discernable changes in current travel patterns. The project would not substantially increase CO hotspots at intersections in the vicinity, and impacts would be less than significant. 75C-82 *:/ : 11-1 h WA d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? Less Than Significant Impact. The threshold for odor is if a project creates an odor nuisance pursuant to SCAQMD Rule 402, Nuisance, which states: A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals. The type of facilities that are considered to have objectionable odors include wastewater treatments plants, compost facilities, landfills, solid waste transfer stations, fiberglass manufacturing facilities, paint/coating operations (e.g., auto body shops), dairy farms, petroleum refineries, asphalt batch plants, chemical manufacturing, and food manufacturing facilities. The proposed project would develop and operate two new community parks, which would not fall within the types of uses that are associated with foul odors that constitute a public nuisance. During construction activities, construction equipment exhaust and application of concrete would temporarily generate odors. Operational activities from city park maintenance and the use of landscape equipment would also temporarily generate odors. However, construction and operation related odor emissions would be temporary, intermittent, and would not affect a significant number of people. Therefore, impacts would be less than significant. 3.4 BIOLOGICAL RESOURCES Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less Than Significant Impact. 6th Street Site 6th Street Site is vacant with three trees and no native vegetation suitable to provide habitat for sensitive of special status species. There is no riparian habitat on of near the site. The site has been previously disturbed and surrounded by various urban development No endangered, fare, threatened, of special status plant of wildlife species designated by the US Fish and Wildlife Service (USFWS), California Department of Fish and Wildlife (CDFW), of California Native Plant Society (CNPS) are known to occur on this site. No known regional wildlife corridors of any other sensitive biological areas as indicated by the USFWS Critical Habitat portal of CDFW BIOS (USFWS 2018, CDFW 2018). 75C-83 *:/ : 11-1 h WA Raiff Street Site The Raitt Street Site is vacant with seven trees and no native vegetation suitable to provide habitat for sensitive or special status species. There is no riparian habitat on of near the site. The site has been previously disturbed and surrounded by various urban development. No endangered, fare, threatened, of special status plant of wildlife species designated by the USFWS, CDFW, of CNPS are known to occur on this site. No known regional wildlife corridofs of any other sensitive biological areas as indicated by the USFWS Critical Habitat portal of CDFW BIOS (USFWS 2018, CDFW 2018). b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? No Impact. The replacement park sites were previously developed as residential use, are not located within an area known as having riparian habitat or other sensitive natural community. Implementation of the proposed project would not have an adverse effect on any riparian habitat or other sensitive natural community. No impact would occur, and no mitigation measures are required. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. The replacement park sites are in urbanized area surrounded by urban uses, acid do not contain any wetland as defined by Section 404 of the Clean Water Act (CWA) (including, but not limited to marsh, veinal pool, coastal, etc) and no such wetlands exist in the vicinity (USFWS 2017). No impacts to wetland would occur, and no impact would occur. No mitigation measures are necessary. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. The replacement park sites are vacant but surrounded by urban development There are no adjacent contiguous open space areas that could function as migratory wildlife corridors or native wildlife nurseries. However, there are existing mature trees that could be used for nesting by migratory birds protected under the federal Migratory Bud Treaty Act (MBTA) (United States Code, Title 16, Sections 703- 712). When removing trees of vegetation, in compliance with California Fish and Game Code Sections 3503, 3503.5, 3513, and 3800, the proposed project is required to avoid the incidental loss of fertile eggs or nestlings or other activities that otherwise lead to nest abandonment Therefore, the city is required to conduct pre - construction survey prior to removal of nesting habitat if construction related vegetation removal occurs during nesting season (typically between February 1 and September 1). Compliance with the existing regulation would ensure that the proposed project does not interfere substantially with the movement of any native resident or wildlife species of with established native resident or migratory wildlife corridors. Impacts would not be significant, and no mitigation measures are required. 75C-84 *:/ : 11-1 h WA MBTA governs the take, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests. It prohibits the take, possession, impoft, export, transport, sale, purchase, barter, of offering of these items, except under a valid permit of as permitted in the implementing regulations. USFWS administers permits to take migratory birds m accordance with the MBTA. In December 2017, the Department of the Interior issued a memorandum concluding that "consistent with the text, history, and purpose of the META, [the statute's prohibitions on take apply] only to affirmative actions that have as their purpose the taking or killing of migratory buds, their nests, of their eggs" (emphasis added) (DOI 2017). Therefore, take of a migratofy bud of its active nest (i.e., with eggs of young) that is incidental to, and not the purpose of, a lawful activity does not violate the META. To pfovide guidance in implementing and enforcing this new direction, the USFWS issued a memorandum in April 2018 to clarify what does and does not constitute pfohibited take (FWS 2018). e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Less Than Significant Impact. The City of Santa Ana adopted Tree Care Ordinance in 1999. City of Santa Ana Municipal Code Article VII, Regulations of the Planting, Maintenance, and Removal of Trees, establish policies, regulations and standards for public trees. Public trees refer to any and all trees owned by the city and includes, but is not limited to, median trees and street trees. The proposed project would maintain some of the existing trees on the Raitt Street Site while removing others. Replacement trees, including but not limited to fruit trees would be planted. Tree maintenance would be performed in accordance with the Tfee Care Ordinance and implementation of the proposed project would not conflict with any local policies of ordinances. Impacts would not be significant. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The project site is not located within an area known to have sensitive biological resources. The project site is located in an urban portion of the city and is not part of an adopted habitat conservation plan, natural community conservation plan, of other approved local, regional, of state habitat conservation plan. Implementation of the proposed project would not conflict with any provision of any adopted habitat conservation plans. No impact would occur. 75C-85 *:/ : 11-1 h WA 5111111 ie1:7.110 N *9111:111:K Would the project a) Cause a substantial adverse change in the significance of a historical resource pursuant to 15064.5? No Impact. Section 15064.5 defines historic resources as resources listed of determined to be eligible for listing by the State Historical Resources Commission, a local register of historical resources, of the lead agency. Generally a resource is considered "historically significant' if it meets one of the following criteria: i) Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; ii) Is associated with the lives of persons important in our past; iii) Embodies the distinctive characteristics of a type, period, region of method of construction, or represents the work of an important creative individual, or possesses high artistic values; iv) Has yielded, or may be likely to yield, information important in prehistory or history. Both replacement park sites are currently vacant and do not contain any above -grade structures. Both sites do not contain historically significant resources that are listed, or identified as eligible for listing on the National Historic Preservation Act (NHPA), the California Register of Historical Resources (CRHR), and the City of Santa Ana Register of Historical Properties (SARHP) (Rincon 2016a, 2016b, Santa Ana 2017). No impact would occur, and no mitigation measures are required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? Less Than Significant Impact With Mitigation Incorporated. 6th Street Site A cultural records search from the California Historical Resources Information System (CHRIS), South Central Coastal Information Center (SCCIC) was performed as part of the Cultural Resources Study prepared in 2016. The SCCIC fecofds search identified 67 previously recorded cultural resources within a 0.5-mile fadius of the 6th Street Site, but none within the site boundaries. All 67 records pertained to standing structures and not archaeological fesources. Additionally, an intensive pedestrian survey of The 6th Street Site was performed on December 17, 2015, at which time, the subject site was developed with residential buildings and structures, and paved surfaces. The archaeological component of the survey concentrated on inspecting all open space areas, and inspecting for the presence of soil discoloration that might indicate the presence of a cultural midden, and features indicative of the former presence of structures of buildings. The field survey did not identify any previously unidentified archaeological resources. However, it is possible that previously unidentified archaeological resources could be unearthed during ground excavation. Therefore, mitigation measure is 75C-86 *:/ : 11-1 h WA required to ensure that unanticipated archaeological resource pursuant to Section 15064.5 is treated appropriately. With implementation of Mitigation Measure CUL-1, impacts would be reduced to a less than significant level. Raitt Street Site A cultural records search from the CHRIS, SCCIC was performed as part of the Cultural Resources Study prepared in 2016. The SCCI records search identified 13 previously recorded cultural resources within a 0.5- mile radius of the Raitt Street Site, but none within the site boundaries. The 13 previously recorded cultural resources were of standing structures and not archaeological resources. Additionally, an intensive pedestrian survey of the Raitt Street Site was performed on December 17, 2015. No above grade structures except one concrete foundation and two concrete pillars were identified on the Raitt Street Site. No artifacts associated with a prehistoric occupation were noted during the survey. However, it was presumed that several of the household items noted during the survey are associated with the historical occupation of the subject property, therefore, a DPR form was completed for the historical refuse scatter identified as FIRS-01-2016. However, it was determined that it does not appear to have influenced patterns of history and does not embody the distinctive character of a type, period, or method of construction, nor represent the work of a master. Therefore, implementation of the Proposed Project would not result in a substantial adverse change in the significance of an archaeological resource pursuant to 4 15064.5. However, the City recognizes that ground disturbing activities on previously undisturbed soils could unearth archaeological resources. Therefore, mitigation measure is required to ensure that unanticipated archaeological resource pursuant to Section 15064.5 is treated appropriately. With implementation of MM CUL-1, impacts would be reduced to a less than significant level. Mitigation Measure CUL-1 During initial ground disturbing activities that extend beyond artificial fill materials, an archaeological spot monitoring shall be provided. Should archaeological resources, including tribal resources, be found, work within 25 feet of the find must halt and an archaeologist meeting the Secretary of the Interior's Professional Qualifications Standards for archaeology must be contacted, and the qualified monitor shall first determine whether the resource is a "unique archaeological resource" pursuant to Section 21083.2(g) of the California Public Resources Code or a "historical resource" pursuant to Section 15064.5(a) of the State CEQA Guidelines (14 California Code of Regulations [CCR]), or "tribal cultural resources" pursuant to Public Resources Code Section 21074. Once the determination is made pursuant to CEQA Guidelines Section 21083.2, the appropriate actions shall be taken in appropriate sections of the regulations (e.g., 14 CCR 515126.4) to ensure that impacts are reduced to a less than significant level. And if prehistoric human remains are discovered, the responsible county coroner shall notify the Native American Heritage Commission, which will determine and notify a most likely descendent (MID). The MLD shall complete the inspection of the area of potential effects 75C-87 *:/ : 11-1 h WA within 48 hours of notification and the City of Santa Ana shall comply with the treatment recommendations by the XILD. c) Disturb any human remains, including those interred outside of dedicated cemeteries? No Impact. The park replacement sites have been previously developed, and there are no known human remains on the two replacement park sites. The records search did not identify any uses that could result discovery of human remains. However, under California Health and Safety Code (CHSC) Section 7050.5, if any human remains are discovered on the project site, disturbance of the site shall halt and remain stopped until the coroner has conducted an investigation into the determination of origin (CHSC 7050.5). If the coroner determines the remains are not under his jurisdiction (prehistoric), they are required to contact the Native American Heritage Commission within 24 hours (CHSC 7050.5). This organization is responsible for determining the most likely descendant for the area. Adherence to the CHSC Section 7050.5 will reduce potential impacts associated with disturbance of human remains to less than significant. No mitigation measures are required. 3.5 ENERGY Would the project: a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? Less Than Significant Impact. Construction of the proposed project would require energy use to power the construction equipment. The energy use would vary during different phases of construction the majority of construction equipment during demolition and grading would be gas powered or diesel powered, and the later construction phases may require electricity powered equipment for architectural coatings. The construction contractors are anticipated to minimize idling of construction equipment during construction and reduce construction waste by recycling. Transportation energy use depends on the type and number of trips, vehicle miles traveled, fuel efficiency of vehicles, and travel mode. Transportation energy use during construction would mine from the transport and use of construction equipment, delivery vehicles and haul trucks, and construction employee vehicles that would use diesel fuel and/or gasoline. Impacts related to transpoftation energy use during construction would be temporary and would not require expanded energy supplies or the construction of new infrastructure. The replacement parks would be a neighborhood walk-up park, and could generate up to 8 vehicle trips per day a discussed in Section 3.7, Tranrportafion. Transportation energy consumed by 8 vehicles per day would not be considered a wasteful and inefficient consumption of energy resources. Additionally, development of replacement parks near residential neighborhood would allow residents to walk to nearby parks rather than drive to parks farther away. Impacts would be less than significant. The replacement park sites are currently vacant and does not consume electrical or gas energy. The proposed project would use limited energy for nighttime lighting for skate areas but no other energy consuming uses such as for operating heating cooling and ventilation systems or other onsite electrical equipment and 75C-88 *:/ : 11-1 h WA appliances would be required. The skate area lighting would be LED lighting, and its operation would not be wasteful, inefficient, of unnecessary consumption of energy sources. Impacts would not be significant, and no mitigation measures are required. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Less Than Significant Impact. The replacement parks would not involve buildings of structures that consume substantial energy resources other than the LED lighting poles. The proposed project would not conflict with or obstruct a state or local renewable energy or energy efficiency. Impacts would be less than significant, and no mitigation measures are required. 3.6 GEOLOGY AND SOILS Would the project: a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact. No known faults or fault traces are known to exist in Santa Ana (Santa Ana 1982). The City of Santa An, including the replacement park site, is not within an Alquist-Priolo Earthquake Fault Zone (CGS 2018). The proposed project would not have substantial adverse effects involving Alquist-Pfiolo Fault Zones. No impact would occur. ii) Strong seismic ground shaking? Less Than Significant Impact. The proposed project would not increase exposure of people or structures to earthquake impacts. Southern California is a seismically active region. Impacts from ground shaking could occur many miles from an earthquake epicenter. The proposed project would be developed in accordance with applicable building codes and standards. Applicable state building standard is the California Building Code (CBC) (Title 24, Part 2, California Code of Regulations), with local, more restrictive amendments based on local geographic, topographic, of climatic conditions. These codes provide minimum standards to protect property and the public welfare by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC's provisions for earthquake safety are based on factors such as occupancy type, the types of soil and rock onsite, and the probable strength of ground motion at the replacement park sites. Additionally, the CBC requires the preparation of projectspecificgeotechnical/engineering reports by a Certified Engineering Geologist and/or Geotechnical Engineer prior to construction of the proposed project. The city would comply with these 75C-89 *:/ : 11-1 h WA requirements in the restroom and shade structure construction. Seismic ground shaking impacts would be less than significant, and no mitigation measures are required. iii) Seismic -related ground failure, including liquefaction? Less Than Significant Impact. Liquefaction occurs when loose, water -saturated sediments lose strength and fail during strong ground shaking. Liquefaction is defined as the transformation of granular material from a solid state into a liquefied state as a consequence of increased porewaterpressure. Both sandy and clayey soils are susceptible to loss of strength and stiffness. Based on the State of California Seismic Hazard Zones map for the Tustin Quadrangle and Newport Beach (CGS 2001, CGS 1998), The 6th Street Site is not in an area that has been identified as potentially susceptible to liquefaction, and the Raitt Street Site is identified as within the liquefaction zone. However, based on the type of development proposed at the site, such as underground utilities, playground equipment, restroom, and shade canopies, impacts from liquefaction are not expected to expose substantial number of people of structure to safety impacts related to liquefaction. Additionally, the proposed project would be required to adhere to existing building and grading codes. Compliance with the CBC and city's grading codes contain provisions for soil preparation to minimize hazards from liquefaction, therefore, a less than significant impact is anticipated Impacts would be less than significant, and no mitigation measures are required. iv) Landslides? No Impact. Landslides tend to occur in weak soil and rock on sloping terrain. The landslide hazard zone generally indicate steep hillslopes composed of weak materials that may fail when shaken by an earthquake (DOC 2018). The replacement park sites have been previously developed and are relatively flat without noticeable slopes of elevation differences. Based on the State of California Seismic Hazard Zones Map for the Tustin and Newport Beach Quadrangles (CGS 2001, CGS 1998), both replacement park sites are not in an area that has been identified as potentially susceptible to seismically induced landslides. No impact would occur, and no mitigation measures are required. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact. Erosion is a normal and inevitable geologic process whereby earthen materials are loosened, worn away, decomposed, of dissolved, and removed from one place and transported to another. Precipitation, water, waves, and wind are all agents of erosion. Ordinarily, erosion proceeds so slowly as to be imperceptible, but when the natrual equilibrium of the environment is changed, the fate of erosion can be greatly accelerated. This can create aesthetic and engineering pfoblems. Accelerated erosion within an urban area can cause damage by undermining structures, blocking storm sewers, and depositing silt, sand, of mud in toads and tunnels. Eroded materials are eventually deposited into coastal and local waters where the carried silt remains suspended in the water for some time, constituting a pollutant and altering the normal balance of plant and animal life. The replacement park sites are currently vacant with bare soils, therefore, resulting in some erosion impacts. Additional erosion would occur during grading and construction activities temporarily, as soils are disturbed and moved around However, long-term erosion and loss of topsoil would be less, since the majority of the 75C-90 *:/ : 11-1 h WA site would be covered with landscaping and paved surfaces. The replacement parks would provide rock bio swale and drywell stofmwater capture system to control stormwater. Therefore, erosion impacts would be less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction, or collapse? Less Than Significant Impact. The replacement park sites atop younger alluvial fan deposits derived from sedimentary rock (USDA 2018). As discussed in Section 3.6a(iv), the proposed project would not result in on - of off site landslides. Lateral spreading refers to lateral displacement of large, surficial blocks of soil as a result of pore pressure buildup or liquefaction in a subsurface layer. As discussed in Section 3.6a(iii), Raitt Street Site may be susceptible to liquefaction, while The 6th Street Site is not in the high liquefaction hazard zone. Natural soils may be susceptible to expansion, consolidation, and collapse (including hydrocollapse with the addition of water). Consolidation is a condition that occurs when increased load is placed on soils with low relative density, causing pore spaces to become smaller and, where saturated, forcing water to be squeezed out. Hydrocollapse is a condition that occurs when a dry soil that can withstand increased load in a dry condition collapses upon saturation. Based on the expected subsurface conditions beneath the site, expansion, consolidation and collapse are not likely to be an issue at the site. Any structures built for this project would adhere to the most recent version of the CBC. Impacts would be less than significant. Subsidence of the ground surface has been reported in the alluvial basins where significant amounts of groundwater (often in an overdraft condition) or petroleum products (oil and natural gas) are withdrawn over several decades. The primary cause of nontectonic subsidence in alluvial basin areas has been the alluvial compaction by closing of porosity due to removal of large quantities of fluid (groundwater of oil). For groundwater basins this results in a significant lowering of the groundwater levels and in oil fields depletion of the oil reserves. The proposed project would not remove significant quantities of water or other fluids from the ground. For these reasons, the potential for subsidence is low. No impacts related to subsidence would occur. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Less Than Significant Impact. Expansive soils swell when they become wet and shrink when they dry out, resulting in the potential for cracked building foundations and, in some cases, structural distress of the buildings themselves. The replacement park sites may contain expansive soils. However, expansive soils would be excavated and replaced with imported fill materials with acceptable expansion potential, where necessary, as approved by the CBC. The proposed development includes underground utilities, playground equipment, restroom, and shade canopies, and standard grading technologies and compliance with current grading requirements would reduce impacts from expansive soils to a less than significant level. 75C-91 *:/ : 11-1 h WA e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? No Impact. Development of the proposed project would not require the installation of a septic tank or alternative wastewater disposal system. Therefore, no impacts would result from septic tank or other on site wastewater disposal systems. I) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Less Than Significant Impact With Mitigation Incorporated. A paleontological records search for the two replacement park sites was performed by the Natural History Museum of Los Angeles County, Vertebrate Paleontology Section, in May 2018 (included as Appendix B to the IS). The records search indicated that there are no vertebrate fossil localities that lie within the project site boundaries. However, localities have been identified nearby in the same sedimentary units that are in the project area. Surface sediments throughout the project area consists of younger terrestrial Quaternary Alluvium, derived primarily as alluvial fan deposits from hills of the Santa Ana Mountains to the east. These younger Quaternary deposits typically do not contain significant vertebrate fossils in the upper layers, however, underlain older quaternary deposits at varying depths may contain vertebrate fossils. Therefore, grading or shallow excavations in the upper few feet of the younger quaternary alluvial sediments would not result in any impacts to paleontological resources. However, if the grading extends beyond top layers into the older quaternary terrace deposits, then there is a potential for discovery of vertebrate fossils. Both replacement park sites have been previously developed and are anticipated to be covered by fill soils, underlain aby younger quaternary deposits. The proposed project would not require extensive excavation that could potentially disturb older quaternary deposits. However, if any grading of excavation activities has the potential to disturb older quaternary deposits, Therefore, any construction activities that could potentially affect the underlain older quaternary deposits would be monitored by a qualified paleontologist to ensure that impacts are less than significant. Therefore, the proposed project would not directly or indirectly destroy a unique paleontological resource of site or unique geologic feature. Mitigation Measure GEO-1 In the event that soil disturbance is expected in the older quaternary deposits per the site - specific geotechnical report, a qualified paleontologist shall be retained prior to excavation activities and excavation activities in the older quaternary deposits shall be closely monitored. If any are found, work in the immediate area shall halt and the specimen and sediment samples shall be collected and evaluated. Any fossils recovered shall be processed per the recommendation of the on -site paleontologist and deposited in an accredited scientific institution. 3.7 GREENHOUSE GAS EMISSIONS Scientists have concluded that human activities are contributing to global climate change by adding large amounts of heattrappinggases, known as greenhouse gases (GHGs), into the atmosphere. The primary source 75C-92 *:/ : 11-1 h WA of these GHG is fossil fuel use. The Intergovernmental Panel on Climate Change (IPCC) has identified four major GHGs—water vapor, carbon dioxide (CO2), methane (CH4), and ozone (03)—that are the likely cause of an increase in global average temperatures observed within the 20th and 21st centuries. Other GHG identified by the IPCC that contribute to global warming to a lesser extent include nitrous oxide (N2O), sulfur hexafluoride (SF6), hydrofluorocarbons, perfluorocarbons, and chloroflumocarbons.t, 2 This section analyzes the project's contribution to global climate change impacts in California through an analysis of projectrelatedGHG emissions. Information on manufacture of cement, steel, and other "life cycle" emissions that would occur as a result of the project are not applicable and are not included in this analysis. A background discussion on the GHG regulatory setting and GHG modeling can be found in Appendix A to this Initial Study. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Less Than Significant Impact. Global climate change is not confined to a particular project area and is generally accepted as the consequence of global industrialization over the last 200 years. A typical project, even a very large one, does not generate enough greenhouse gas emissions on its own to influence global climate change significantly; hence, the issue of global climate change is by definition a cumulative environmental impact. The replacement parks would not result in a substantial increase in water use, wastewater and solid waste generation, area sources (e.g., consumer cleaning products), and energy usage (i.e., natural gas and electricity) (see also Section 3.18, Utiblies and Service Syrtews). Additionally, the proposed project would generate less than two daily trips (see Section 3.16, Tranrpartatian/Trafc). Consequently, the project operational- and construction related GHG emissions would be nominal and would not exceed SCAQMD's brightlinesignificance threshold. Therefore, GHG emissions impacts are less than significant. b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? Less Than Significant Impact. Applicable plans adopted for the purpose of reducing GHG emissions include the California Air Resources Board's (CARB) Scoping Plan, the SCAG's Regional Transportation Water vapor (H20) is the strongest GHG and the most variable in its phases (vapor, cloud droplets, ice crystals). However, water vapor is not considered a pollutant, but part of the feedback loop rather than a primary cause of change. Black carbon contributes to climate change both directly, by absorbing sunlight, and indirectly, by depositing on snow (making it melt faster) and by interacting with clouds and affecting cloud formation. Black carbon is the most strongly light -absorbing component of PM emitted from burning fuels. Reducing black carbon emissions globally can have immediate economic, climate, and public health benefits. California has been an international leader in reducing emissions of black carbon, with close to 95 percent control expected by 2020 due to existing programs that target reducing PM from diesel engines and burning activities (GARB 2017b). However, state and national GHG inventories do not yet include black carbon due to ongoing work resolving the precise global warming potential of black carbon. Guidance for CEQA documents does not yet include black carbon. 75C-93 *:/ :11-1 Ill WA Plan/Sustainable Communities Strategy (RTP/SCS), and the City of Santa Ana's Climate Action Plan (CAP). A consistency analysis with these plans is presented below. CARB Scoping Plan CARB's Scoping Plan is California's GHG reduction strategy to achieve the state's GHG emissions reduction target established by Assembly Bill (AB) 32, which is to return to 1990 emission levels by year 2020. The CARB Scoping Plan is applicable to state agencies and is not directly applicable to cities/counties and individual projects. Nonetheless, the Scoping Plan has been the primary tool that is used to develop performancebased and efficiency based CEQA criteria and GHG reduction targets for climate action planning efforts. Since adoption of the 2008 Scoping Plan, state agencies have adopted programs identified in the plan, and the legislature has passed additional legislation to achieve the GHG reduction targets. Statewide strategies to reduce GHG emissions include the Low Carbon Fuel Standard (LCFS), California Appliance Energy Efficiency regulations, California Renewable Energy Portfolio standard, changes in the Corporate Average Fuel Economy (CAFE) standards, and other early action measures as necessary to ensure the state is on target to achieve the GHG emissions reduction goals of AB 32. Also, new buildings are required to comply with the 2016 Building Energy Efficiency Standards and 2016 California Green Building Code (CALGreen). CARB recently adopted Final 2017 Climate Change Scoping Plan Update on December 24, 2017 to address the new 2030 interim target to achieve a 40 percent reduction below 1990 levels by 2030, established by SB 32 (CARB 2017c). While measures in the Scoping Plan apply to state agencies and not the proposed project, the project's GHG emissions would be reduced from compliance with statewide measures that have been adopted since AB 32 and SB 32 were adopted. Therefore, as with the approved project, the proposed project would not obstruct implementation of the CARB Scoping Plan and impacts would be less than significant. SCAG's Regional Transportation Plan/Sustainable Communities Strategy SCAG's 2016-2040 RTP/SCS was adopted April 7, 2016. The RTP/SCS identifies multimodal transportation investments, include bus rapid transit, light rail transit, heavy rail transit, commuter rail, high-speed rail, active transportation strategies (e.g., bike ways and sidewalks), transportation demand management strategies, transportation systems management, highway improvements (interchange improvements, high -occupancy vehicle lanes, highoccupancytoll lanes), arterial improvements, goods movement strategies, aviation and airport ground access improvements, and operations and maintenance to the existing multimodal transportation system. The RTP/SCS identifies that land use strategies that focus on new housing and job growth in areas served by high quality transit and other opportunity areas would be consistent with a land use development pattern that supports and complements the proposed transportation network. The overarching strategy in the 2016-2040 RTP/SCS is to provide for a plan that allows the southern California region to grow in more compact communities in existing urban areas, provide neighborhoods with efficient and plentiful public transit, abundant and safe opportunities to walk, bike and pursue other forms of active transportation, and preserve more of the region's remaining natural lands (SCAG 2016). The 2016-2040 RTP/SCS contains transportation projects to help more efficiently distribute population, housing, and employment growth, as well as forecasted development that is generally consistent with regional level general plan data. The projected regional 75C-94 *:/:I1-3Ill WA development patter when integrated with the proposed regional transportation network identified in the RTP/SCS, would reduce per capita vehicular travelrelatedGHG emissions and achieve the GHG reduction per capita targets for the SCAG region. The RTP/SCS does not require that local general plans, specific plans, or zoning be consistent with the SCS, but provides incentives for consistency for governments and developers. The proposed project would result in a city park within a residential community. As detailed in the project description, the project would provide a service to the community such as recreation that can be accessed by walking and active transportation. Consequently, the project is consistent with the overall objectives of SCAG's RTP/SCS. The proposed project would not interfere with SCAG's ability to implement the regional strategies outlined in the RTP/SCS and impacts would be less than significant. City of Santa Ana Climate Action Plan The City of Santa Ana adopted a CAP in 2015. The goals and policies identified in the CAP represent the City's actions to achieve the GHG reduction targets of AB 32 for target year 2020. The CAP is intended to streamline future environmental review of development projects in the City of Santa Ana by following the CEQA Guidelines. The City's reduction strategy is structured around the following six topic areas transportation and land use, community wide and municipal operation energy use, and solid waste, water, and wastewater. The proposed project incorporates elements that would reduce GHG emissions and are consistent with the policy measures provided in the CAP. As the proposed project will not provide on site parking, it will encourage park users to utilize alternative modes of travel and reduce emissions from vehicles. The proposed project is consistent with the CiWs CAP and impacts would be less than significant. 3.8 HAZARDS AND HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? Less Than Significant Impact. The proposed project would not involve the use of any significant quantities of hazardous materials in the construction and maintenance of the park facilities. Hazardous materials associated with the construction would include fuel and lubricating oils associated with heavy equipment and transport vehicles. In addition, the proposed project would not involve the routine transport, use, or disposal of any significant quantities of hazardous materials in its operation and maintenance activities. Therefore, no significant impacts to the public or the environmentwould result from the proposed project, and no mitigation measures are necessary. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact. The proposed project would not involve the use of any significant quantities of hazardous materials in the construction and maintenance of the park facilities. Hazardous materials 75C-95 *:/ : 11-1 h WA associated with the construction of the park facilities would include fuel and lubricating oils associated with heavy equipment and transport vehicles. In addition, the proposed project would not involve the routine transport, use, or disposal of any significant quantities of hazardous materials in its operation and maintenance. Therefore, no significant impacts to the public of the environment would result from the proposed project, and no mitigation measures are necessary. cJ Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? Less Than Significant Impact. There are private and public schools within one -quarter mile of the both replacement park sites. Garfield Elementary School is across Lacey Street to the east, and Saizit Joseph Catholic School is approximately 0.15 mile to the north of the 6th Street Site; and MdWorks is approximately 0.11 mile to the west of the Raitt Street Site. Hazardous emissions associated with construction are evaluated in the air quality analysis provided above. Impacts were determined to be within the applicable regional thresholds. Operation of the completed park facilities would not emit hazardous substances or involve the handling of hazardous of acutely hazardous materials, substances, or waste. Impacts would not be significant. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Goverment code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Less Than Significant Impact. The both replacement park sites were previously developed with residential uses and are not included on the list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, which specifies lists of the following types of hazardous materials sites: hazardous waste facilities; hazardous waste discharges for which the State Water Resources Control Board has issued certain types of orders; public drinking water wells containing detectable levels of organic contaminants; undefgfound storage tanks with reported unauthorized releases; and solid waste disposal facilities from which hazardous waste has migrated. The following databases of hazardous materials sites were searched for listings of hazardous materials on the project site and on surrounding parcels: Geotracker, State Water Resources Control Board; EnvifoStof, Department of Toxic Substances Control; and EnviroM&ppef, US Environmental Protection Agency. The agency databases were specifically reviewed to identify known releases that have occurred on of in the immediate area of the project site. No known releases of any hazardous substances are reported to have occurred on the replacement park sites. The 6th Street and Raitt Street Sites are not included in any of the above lists of hazardous sites, and no impacts would occur as a result of the proposed project. No hazardous materials sites were listed on the replacement park sites on the databases searched. Therefore, project implementation would not result in a significant hazard to the public or the environment. 75C-96 *:/ : 11-1 h WA e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? No Impact. The closest airport is the John Wayne Airport located approximately 4.4 miles and 4.2 miles to the south of the 6th Street Site and the Raitt Street Site, respectively. The replacement park sites are not within the airport land use plan boundaries for John Wayne Airport (ALUC 2008). The replacement park sites are not located within any airport safety zone and would not impact any airport operations. The project would not result in safety hazards to people at the project site or in the project area. No impacts would result from project implementation. I) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. The proposed project would not conflict with any adopted emergency response or evacuation plans. The site's surrounding roadways would continue to provide emergency access to the project area, and to surrounding properties during the project's construction. In the event that a temporary closure of any street is required, the projects contractor would be required to provide the City of Santa Ana with a construction schedule and plans for the closure of the street and to ensure that the placement of construction materials and equipment does not obstruct a detour route. The project's contractor would be required to comply with all City and/or Orange County Fire Authority recommendations, as applicable, for reducing impacts to emergency response or evacuation plans. The proposed replacement parks have two street fronts for access, and are readily accessible to emergency responders. Mandatory compliance with existing rules and regulations would ensure that no significant impacts would occur. No mitigation measures are necessary. g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fues? No Impact. The replacement park sites and their vicinity are highly urbanized and not in a Very High Fire Hazard Severity Zone (V I IFHSZ) (Orange 2011). The proposed project would not expose people or structure to significant safety hazards due to wildland foes. No impact would occur, and no mitigation measures are required. 3.9 HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Less Than Significant Impact. 75C-97 *:/ : 11-1 h WA 6th Street Site The 6th Street Site is within the jurisdiction of the Santa Ana Regional Water Quality Control Board (SARWQCB). Drainage and surface water discharges from the proposed park would not violate any water quality standards or waste discharge requirement, since park uses would not contain unusual materials that would violate water quality standards. Soildisturbingactivities during construction of the project could temporarily increase the amount of soil erosion and siltation entering the local stormwater drainage system. The 6th Street Site is approximately 0.42 acres, and because the proposed development would not result in disturbance of more than one acre of soil, compliance with the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) (Order No. 2009-0009-DW(2) would not be necessary. However, it is anticipated that standard best management practices (BMPs) would be implemented during construction, and considering the small scale of soil disturbances, less than significant water quality impacts would occur. Raiff Street Site The Raitt Street Site is also in the SARWQCB. Pursuant to Section 402 of the Clean Water Act, the Environmental Protection Agency has established regulations under the NPDES program to control direct stormwater discharges. In California, the State Water Resources Control Board (SWRCB) administers the NPDES permitting program and is responsible for developing NPDES permitting requirements. The NPDES program regulates industrial pollutant discharges, including construction activities for sites larger than one acre. Raiff Street Site is 1.09 acres, and implementation of the proposed project would disturb more than one acre. Therefore, the proposed project would be subject to the NPDES CGP (Order No. 2009-0009-DWG requirements with the SWRCB prior to the start of construction. The City would be required to implement appropriate best management practices (BMPs) to control erosion and prevent any discharge of sediments from the site. The registration documents include a Notice of Intent, risk assessment, site map, Storm Water Pollution Prevention Plan (SWPPP), annual fce, and signed certification statement. The SWPPP must list BMWs that would be implemented to prevent soil erosion and discharge of other construction related pollutants that could contaminate nearby water resources. Additionally, the SWPPP must include a visual monitoring program, a chemical monitoring program for nonvisible pollutants if there is a failure of the BMPs, and a sediment monitoring plan if the site discharges directly to a water body listed on the 303(d) list for sediment. The SWPPP would estimate sediment risk for the construction areas and for receiving waters and specify erosion control and sediment control BMPs adequate to address those risks. Provided that the Raitt Street Site development would disturb more than one acre of soils, the required incorporation of BMPs for erosion control and stormwater management during construction per the NPDES permit would prevent violation of any applicable water quality standards or waste discharge requirement. No surface discharges during operation of the proposed project would occur other than routine cleaning and maintenance of the grounds, which would be conducted to avoid discharge into storm drains. Impacts would not be significant, and no mitigation measures are required. 75C-98 *:/ : 11-1 h WA b) Substantially decrease groundwater supplies or interfere substantially with gmundwater recharge such that the project may impede sustainable groundwater management of the basin? Less Than Significant Impact. The City of Santa Ana, including the replacement park sites are in the Orange County Groundwater Basin, managed by the Orange County Water District. The replacement park sites do not contain any groundwater recharge facility, such as wells of groundwater connections (OCWD 2015). The replacement parks would include water fountains for park users, and such small use of potable water would have negligible impact on groundwater supplies. Implementation of the proposed project would not substantially interfere with groundwater recharge. No significant impacts to the local groundwater table would result from project implementation. Impacts would not be significant, and no mitigation measures are required. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in a substantial emsion or siltation on- or off -site? Less Than Significant Impact. The replacement park sites are currently vacant, therefore, susceptible to soil erosion. Development of community parks would provide new drought tolerant landscaping, concrete pavers, decomposed granite walking path, rubber surfaced exercise area, and rock bioswale and drywell storm water capture system to control stormwater so that the proposed project does not increase the stormwater runoff volumes, therefore, it is anticipated that erosion condition would improve with project implementation. Therefore, impacts would be considered less than significant, and no mitigation measures are required. ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or offsite? Less Than Significant Impact. 6th Street Site The 6th Street Site is within the Federal Emergency Management Agency (FEMA Flood Insurance Rate Map's (FIRM) flood zone X, area of minimal flood hazard. Zone X represents area subject to inundation by the 0.2 percent annual chance flood hazard, areas of 1 percent annual change flood with average depth less than one foot of with drainage areas of less than one square mile (Map ID# 06059CO256J) (FEMA 2009). The 6th Street Site is not in the base floodplain, which has a one percent or greater change of flooding in anp given year. Raitt Street Site Raitt Street Site is within the FEMA FIRM flood zone X, zone D overlay. Zone X represents area subject to inundation by the 0.2 percent annual chance flood hazard, area of 1 percent annual change flood with average depth less than one foot or with drainage areas of less than one square mile, and zone D represents area with flood risk due to levee (Map ID# 06059CO257J) (FEMA 2009). As discussed in Section 3.9(i) 75C-99 *:/ : 11-1 h WA below, flood risk due to levee or dam is anticipated to be less than significant level. Raiff Street Site is not in the base floodplain, which has a one percent or greater change of flooding in any given year. Development of community parks would provide new draught tolerant landscaping, concrete pavers, decomposed granite walking path, rubber surfaced exercise area, and rock bioswale and drywell stormwater capture system to control stormwater so that the proposed project does not increase the stormwater funoff volumes. The proposed project would increase the impervious surface areas by no more than 50 percent. Considering the size of the proposed parks, the proposed project would not substantially alter the existing drainage pattern of the site or area, or increase the rate of amount of surface runoff in a manner to cause flooding. Impacts would be less than significant, and no mitigation measures are required. iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact. Implementation of required BMPs during construction would ensure that impacts are reduced to a less than significant level. Development of community parks would provide new draught tolerant landscaping, concrete pavers, decomposed granite walking path, rubber surfaced exercise area, and rock bioswale and drywell stormwater capture system to control stormwater so that the proposed project does not increase the stormwater runoff volumes. The proposed project would increase the impervious surface areas by no more than 50 percent and would provide rock bioswale and drywell to ensure that runoff volumes from the sites do not generate significant polluted runoff Additionally, considering the small size of the proposed parks, the proposed project would not substantially alter the existing drainage pattern of the site of area, of increase the rate of amount of surface runoff in a manner to cause flooding. Impacts would be less than significant, and no mitigation measures are required. iv) Impede or redirect flood flows? Less Than Significant Impact. The replacement park sites are within the FEMA FIRM flood zone X, outside of a 100-year flood hazard area. Additionally, no inhabitable structures would be constructed that could impede or fedirect flood flows. No impact would occur, and no mitigation measures are required. d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? No Impact. A seiche is a surface wave created when a body of water is shaken, usually by earthquake activity. Inundation from a seiche can occur if the wave overflows a containment wall, such as the wall of a feser von, water storage tank, dam, of other artificial body of water. There are no large water tanks of dammed water bodies in the area that could create flooding impacts at the project site. No significant impacts from seiche of inundation due to water storage facility, lake, of feservoif failure would occur. No impact would occur, and no mitigation measures are fequifed. Tsunamis are large ocean waves generated by major seismic events. The project site is approximately 15 miles from the Pacific Ocean. The proposed pfojectwould not expose people of structures to greater tsunami danger than the existing conditions. No impact would occur, and no mitigation measures are required. 75C-100 *:/ : 11-1 h WA Muddows ace landslide events in which a mass of saturated soil flows downhill as a very thick liquid. The project site is already developed with school facilities, and although there would be slightly sloped landscaping areas on the north and east side of the science center, considering the size and elevation of the landscaping, no significant mudflow impact is anticipated. No impact would occur, and no mitigation measures are required. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? No Impact. As discussed above, the proposed project would not generate polluted runoff to adversely affect water quality and the replacement park sites do not contain any groundwater recharge area or groundwater connections to conflict with implementation of any groundwater management plant. The proposed project would have no adverse impact on a water quality control plant of sustainable groundwater management plan. No mitigation measures are required. 3.10 LAND USE AND PLANNING Would the project: a) Physically divide an established community? No Impact. The proposed project involves the construction of replacement parks in lieu of park space in Centennial Park The project site is currently vacant, and implementation of the proposed project would not physically divide an established community. No significant impacts would occur as a result of the proposed project. No mitigation measures are required. b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? No Impact. The proposed project involves the construction of replacement park facilities, open to the general public. 6th Street Site is currently vacant and is designated UN (Urban Neighborhood) by the General Plan and zoned O (Open Space). Raiff Street Site is currently vacant and is designated as Open Space (OS) by the General Plan and zoned O (Open Space). Implementation of the proposed project would be consistent with the existing land use designation, therefore, would not conflict with any applicable land use plan, policy, or regulations. The City of Santa Ana General Plan Open Space, Parks and Recreation Element was adopted in 1982. The goals listed in the Open Space, Parks and Recreation Element include providing sufficient open space to meet the recreational and aesthetic needs of the community, ensmingready public access and use of open space facilities, mid utilizing open spaces as means of reinforcing goals set forth for conservation of natural resources. The park would provide much needed recreational opportunities for the community and would be consistent with General Plan goals. Implementation of the proposed project would be consistent with the land use goals of the City's General Plan, as it supports and improves the character and integrity of the neighborhood and quality of life. Development and operation of neighborhood parks would be compatible with the surrounding residential uses and no significant environmental impacts ace anticipated. No adverse impact would occur, and no mitigation measures are required. 75C-101 *AV : 11-1 It WA 3.11 MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? No Impact. The California Surface Mining and Reclamation Act of 1975 maps aggregate resources into four mineral (source zones: ■ MRZ-1. Adequate information indicates that no significant mineral deposits afe present of likely to be present. ■ MRZ-2. Adequate information indicates that significant mineral deposits are present of there is a high likelihood for their presence, and development should be controlled. ■ MRZ-3. The significance of mineral deposits cannot be determined from the available data. ■ MRZ-4. There is insufficient data to assign any other MRZ designation. Based on the California Geological Survey's Generalized Aggregate Resource Classification Map of Orange County, the project site is in MRZ-3 (CGS 1981). However, there are no known mineral resources recovery sites or operations in the City of Santa Ana. Both replacement park sites were previously developed as residential uses and are not compatible with any mining or quaff operations. Therefore, no impact to known mineral (source availability would occur. No mitigation measures are required. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. The project site is in an urban area. It is highly unlikely that mining would be conducted on, or in the vicinity of the project site, therefore, a less than significant impact is anticipated. No mitigation measures are required. 3.12 NOISE Noise is defined as unwanted sound and is known to have several adverse effects on people, including heaving loss, speech and sleep interference, physiological responses, and annoyance. Based on these known adverse effects of noise, the federal government, the State of California, and the City of Santa Ana have established criteria to protect public health and safety and to prevent disruption of certain human activities. Characterization of noise and vibration, existing regulations, and calculations for construction noise and vibration levels can be found in Appendix C to this Initial Study. Terminology and Noise Descriptors The following are brief definitions of terminology used in this chapter: 75C-102 *:/ : 11-1 h WA ■ Noise. Sound that is loud, unpleasant, unexpected, or otherwise undesirable. ■ Decibel (dB). A unitless measure of sound on a logarithmic scale. ■ A -Weighted Decibel (dBA). An overall frequencyweightedsound level in decibels that approximates the frequency response of the human ear. Equivalent Continuous Noise Level (LQ. The fa efgy-average noise level over a specified measurement period (typically one hou). The Ley metric is a single numerical value that represents the equivalent amount of variable sound energy received by a receptor over the specified duration. ■ Equivalent Continuous Noise Level (I.J; also called the Energy -Equivalent Noise Level. The value of an equivalent, steady sound level which, in a stated time period (often over an hour) and at a stated location, has the same A -weighted sound energy as the time -varying sound. Thus, the IRq metric is a single numerical value that represents the equivalent amount of variable sound energy received by a receptor over the specified duration. ■ Statistical Sound Level (L„). The statistical sound levels, or n-exceeded sound levels, are noise metrics that represent fractional percentages of the measurement period that are exceeded for `n' percent of the time. For example, the Lso noise level represents the noise level that is exceeded 50 percent of the time (i.e., half the time the noise level exceeds this level and half the time the noise level is less than this level). This level is also representative of the level that is exceeded 30 minutes in an hour. Similarly, the Lot, Los, and Les represent the noise levels that are exceeded 2, 8, and 25 percent of the time, respectively (of 1, 5, and 15 minutes per hou). These statistical sound levels are typically used to demonstrate compliance with a noise ordinance for stationary noise sources. ■ Community Noise Equivalent Level (CNEL). The energy average of the A -weighted sound levels occurring during a 24-hour period with 5 dB added to the sound levels occurring during the period from 7:00 PM to 10:00 PM and 10 dB added to the sound levels occurring during the period from 10:00 PM to 7:00 AM. ■ Sensitive Receptor. Noise- and vibration -sensitive receptors include land uses where quiet envifonments are necessary for enjoyment and public health and safety. Residences, schools, motels and hotels, libraries, religious institutions, hospitals, and nursing homes are examples. ■ I.. The maximum root -mean -square noise level during a measurement period. ■ Peak Particle Velocity (PPV). The peak fate of speed atwhich soil particles move (e.g., inches per second) due to ground vibration. ■ RCNM. Federal Highway Administration Roadway Construction Noise Model. 75C-103 *:/:I1-3Ill WA Existing Noise Conditions Both the 6th Street and Raitt Street Sites propose skate parks with lighting for evening use. Noise monitoring was conducted at a similar existing skate park with evening hours and lighting (i.e., Harvard Skate Park in the City of Irvine), as described below. In addition, to determine baseline noise levels, an ambient noise measurement was conducted at the existing 6th Street Site. The sound level meter used for noise monitoring (Larson Davis I xT) satisfies the American National Standards Institute (ANSI) standard for Type 1 instrumentation. The sound level meters were set to "sloes' response and A' weighting (dBA). The meters were calibrated prior to and after the monitoring period. All measurements were at least five feet above the ground and away from reflective surfaces. Noise measurement locations are described below and shown in Figure 17, Approximate Noise Monitoring Locations at Harvard Skate Park, and Figure 18, Approximate Noise Monitoring L ocakon at 6tb Street Site. Table 4, ShortTermNoise Measurement Levels at Varying Distances (d84 L,,j, shows noise monitoring results from the four short-term noise monitoring locations. Table 4 Short -Term Noise Measurement Levels at Varying Distances (dBA Leg) Monitoring Site L, L,,,, 6, L2 to U Lm ST-1, Harvard Skate Park 62.6 76.1 52.1 69.7 66.2 62.9 60.2 Edge of skate area ST-2, Harvard Skate Park 55.6 69.6 47.6 61.7 58.8 55.7 54.0 25 feet from skate area edge ST-3, Harvard Skate Park 58.6 71.1 48.6 63.3 59.0 55.9 53.8 5 feet from skate area edge ST-4, 6th Street Site ambient 47.6 1 59.9 40.8 54.1 1 50.5 47.6 1 45.5 Noise monitoring conducted on March 23, 2019, during the hours of 6:00 PM — 7:30 PM, and March 26, 2019, during the hours of 7:30 PM and 8:00 PM. Harvard Skate Park The skate park is approximately 8,000 square feet, and has a couple of rails, one bowl, quarter ramps, several decks, and roll -ins. The skate park is approximately 15 feet north of the nearest residences. There is an approximate 8-foot wall between the skate park and the residences. Three short-term (ST) 15-minute noise measurements were conducted, as described below. ST-1 was conducted on March 23, 2019, beginning at 6:14 PM. The measurement was taken at the eastern edge of the skate park. Primary noise sources were skating activity and speech. At the time of measurement there were 4 to 6 active skaters and several observers. Noise levels at the park ranged from 52 to 75 dBA leq. Noise levels associated with the following activities were observed: speech such as talking and cheering ranged from 61 to 68 dBA Ley; wheel to ground contact was observed to be 64 dBA IRq; boards and equipment falling ranged from 66 to 75 dBA Leq, depending on proximity to sound level meter; use of quarter ramps for wheel to ramp contact was observed at up to 70 dBA leq; and ambient background noise levels ranged from 52 to 57 dBA I q. Ambient background noise consisted of distant traffic from Jamboree Road, birds, other park uses, and parking lot movement and activity. 75C-104 *:/ : 11-1 h WA ST-2 was conducted on March 23, 2019, beginning at 6:33 PM. The measurement was taken 25 feet east of the skate park edge. Primary noise sources were speech and skating activity. At the time of measurement there were 5 to 6 active skaters and several observers. Sound levels at the park at 25 feet ranged from 51 to 62 dBA ley. Noise levels associated with the following activities were observed: speech such as talking and cheering ranged from 52 to 62 dBA Ley; skating activity noise from wheel to ramp or ground contact ranged from 59 to 62 dBA Ley; fall impact sound levels were 55 to 65 dBA ley; and ambient background noise levels were 48 to 52 dBA Ley. ST-3 was conducted on March 23, 2019, beginning at 6:50 PM. The measurement was taken 10 feet south of the skate park edge and 5 feet north of the wall adjacent to residences. Primary noise sources were speech and skating activity. At time of measurement there were 8 active skaters and several observers. Sound levels at the park at 10 feet ranged from 50 to 70 dBA Ley. Noise levels associated with the following activities were observed: speech such as talking and cheering ranged from 52 to 63 dBA Ley; skating activity noise from wheel to ramp or ground contact ranged from 53 to 70 dBA Ley; fall impact sound levels were up to 65 dBA Ley; and ambient background noise levels were 49 to 51 dBA ley. 6th Street Site The 6th Street Site sits in a southwest corner lot of 6th Street and Lacey Street within a residential area. The 6th Street Site is vacant with no above grade structures. The nearest noise sensitive receptors are surrounding residences and Garfield Elementary School. Residences are adjacent to the 6th Street Site's western and southern property lines, and residences are also located approximately 60 feet north of the site across 6u Street. To the east is Garfield Elementary School, approximately 60 feet away across Lacey Street. Existing noise conditions mostly consist of local traffic. The project area lies outside the 65 dBA CNEL contour per the City of Santa Ana's Noise Element, Exhibit 5, Transportation Noise Sources. Other existing noise sources include typical residential neighborhood noises and school related activities, such as student drop-off and pick- up, and outdoor and after -school activities. ST-4 was conducted on March 26, 2019, beginning at 7:24 PM. The measurement was in the southwest corner of the project site and at least 5 feet from existing barriers. Primary noise sources were local traffic and adjacent neighbors to the west playing basketball. Traffic noise was mostly dependent on vehicle, vehicle speed, and acceleration. Smaller cars and SUV's ranged from 46 to 53 dBA Ley and pick-up trucks with louder exhausts were measured up to 59 dBA. Overall, noise levels at the vacant site ranged from 41 to 60 dBA Ley. Noise levels associated with the adjacent neighbors conversing and playing basketball ranged from 44 to 49 dBA Ley. At times where no traffic was present and neighboring activities ceased, ambient background noise levels were as low as 41 dBA I y. Raiff Street Site The Raitt Street Site is located at the northeast corner of Myrtle Street and Raitt Street within a residential area. The nearest noise sensitive receptors to the Raitt Street Site are the adjacent residences to the northern and eastern property lines. An existing masonrywall approximately 6 feet in height separates the site and residential uses. There are also single-family residential units to the south across Myrtle Street, and west across Raitt Street, approximately 55 feet and 60 feet from the Site, respectively. 75C-105 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 17 -Approximate Noise Monitoring Locations at Harvard Skate Park • ST-1 Short -Term Noise Measurement Locations (3) Source: Google Earth Pro, 2019 0 40 Scale (Feet) 75C-106 Pra`ew°rkff *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-107 CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT IN IT EXHI L STUDY T 2 CITY OF SANTA ANA Figure 18 -Approximate Noise Locations at 6th Street Site • ST-4 Short -Term Noise Measurement Location (1) Source: Google Earth Pro, 2019 0 70 Scale (Feet) 75C-108 Pra`ew°rkff *:/ : 11-1 h WA Tbi _ iage intzntionally left blank. 75C-109 *:/:I1-3111ira Existing noise conditions mostly consist of local traffic from Myrtle Street and Raitt Street. The project area falls outside the 65 dBA CNEL contour in the Noise Element, Exhibit 5, Transjiortation Noise Sources. Other existing noise sources include typical residential neighborhood noises. Applicable Noise and Vibration Regulations City of Santa Ana General Plan Noise Element Noise and land use compatibility standards for various land uses are included in the City's General Plan Noise Element as shown in Table 5, Interior and Exterior Noim Standards. Table 5 Interior and Exterior Noise Standards Categories Land Use Categories Interior' Exterior' Residential Single -Family, duplex, multi -family 453 65 Hospital, school and classroom/playgrounds 45 65 Institutional Church, Library 45 — Open Space Parks — 65 Source: City of Santa Ana General Plan, Noise Element Notes: ' Interior areas (to include but are not limited to: bedrooms, bathrooms, kitchens, living rooms, dining rooms, closets, condors/hallways, private offices, and conference rooms. Exterior areas shall mean: private yards of single-family homes, park picnic areas, school playgrounds, common areas, private open space, such as atriums on balconies, shall be excluded form exterior areas provided sufficient common area is included within the project. ' Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per Chapter 12, Section 1305 ofthe Uniform Building Code. City of Santa Ana Municipal Code The City applies performance standards to stationary (non-transpoftation) noise sources included in Section 18.312 of the Municipal Code (referred to here as the "Noise Ordinance") to ensure that noise generating uses do not adversely affect noise -sensitive land uses. The Noise Ordinance specifies noise level criteria at adjacent properties for a specified time period. For residential uses a noise level cannot exceed: ■ 55 dBA for more than 30 minutes in an hour (the Lso level during daytime hours (7:00 AM to 10:00 PM), and cannot exceed ■ 50 dBA for more than 30 minutes in an hour (the 1 so level during nighttime hours (10:00 PM to 7:00 ANl. ■ These standards plus 5 dBA shall not be exceeded for a cumulative period of more than 15 minutes in any hour (the Les level; or ■ The noise standards plus 10 dBA shall not be exceeded for a cumulative period of more than 5 minutes in any hour (the Ls 3 level; of 75C-110 *:/ : 11-1111 dPA ■ The noise standards plus 15 dBA shall not be exceeded for a cumulative period of more than 1 minute in any hour (the Ll6 level); of ■ The noise standard plus 20 dBA shall not be exceeded for any period of time (the I.. level). In the event the existing ambient noise level exceeds any of the above noise limit categories, the cumulative period applicable to the category shall be increased to reflect the ambient noise level. Section 18.314 of the City's Noise Ordinance specifically excludes several noise sources from these standards including, but not limited to, noise from: (c) Activities conducted at any park or playground, provided such park or playground is owned and operated by a public entity; (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided it does not take place between the hours of 8:00 PM and 7:00 AM on weekdays, including Saturday, or any time on Sunday or a Federal holiday. Construction As discussed above, the City of Santa Ana's Noise Ordinance exempts noise from construction activities that occur during the daytime. No construction shall be permitted outside of the hours specified in Section 18- 314(e) of the City of Santa Ana's Municipal Code. The City of Santa Ana restricts construction activities to the daytime hours of 7:00 AM and 8:00 PM Monday through Saturdays of anytime on Sunday or a federal holiday. Would the project result in: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact With Mitigation Incorporated. Construction Noise Impact The following analysis was prepared for the 1.09-acfe, the Raitt Street Site, as this site represents a worst case scenario for construction. Both replacement park sites are vacant without any above -grade structures and require mature tree removal; however, the Raitt Street Site is larger in size and more park amenities have been proposed compared to 6th Street Site. The nearest sensitive noise receptors from both sites are approximately 70 feet from the center of the construction area. Therefore, temporary noise impacts at 0.42-acre, 6th Street Site, is anticipated to be equal to or less than that of the Raitt Street Site, and the following analysis is applicable to both replacement park sites. Construction noise represents a short-term impact on ambient noise levels. Construction activities related to the Raitt Street Site is tentatively scheduled to take approximately 2.5 months. Considering the size and generally flat and vacant condition of the site, is anticipated that the construction -related traffic, in terms of the number 75C-111 *:/ : 11-1 h WA of vendor and haul truck events, would be negligible. Therefore, construction related traffic would not create perceptible noise impacts at noise sensitive uses along nearby roads. Short-term construction noise would be generated from the use of earthmoving equipment, especially during the grading pbase. The nearest noise sensitive uses are the residential units bordering the Raitt Street Site to the north and east, and residential units are also located to the south across Myrtle Street and west across Raitt Street. Grading activities associated with the project are expected to occur over a 10-day period. There would be minor earthmoving; with the assumed equipment mix including a grader, rubber -tired dozer, and tractor/loader/backhoe. Noise generated by onsite construction equipment is based on the type of equipment used, its location relative to sensitive receptors, and the timing and duration of noise -generating activities. Each stage of construction involves different kinds of equipment and has distinct noise characteristics. Noise levels from construction activities are typically dominated by the loudest several pieces of equipment. The dominant equipment noise source is typically the engine, although work piece noise (such as dropping of materials) can also be noticeable. The noise produced at each construction stage is determined by combining the Ley contributions from each piece of equipment used at a given time, while accounting for the on going timevariationsof noise emissions (commonly referred to as the usage factor). Heavy equipment, such as a dozer or a loader, can have maximum, short duration noise levels in excess of 80 to 85 dBA at 50 feet. However, overall noise emissions vary considerably, depending on what specific activity is being performed at any given moment. Noise attenuation due to distance, the number and type of equipment, and the load and power requirements to accomplish tasks at each construction phase would result in different noise levels from construction activities at a given receptor. Since noise from construction equipment is intermittent and diminishes at a rate of at least 6 dBA per doubling of distance (conservatively ignoring other attenuation effects from air absorption, ground effects, and shielding effects), the average noise levels at noise sensitive receptors could vary considerably, because mobile construction equipment would move around the site with different loads and power requirements. Noise levels from projectrelatedconstruction activities were calculated from the simultaneous use of all applicable construction equipment at spatially averaged distances (i.e., from the acoustical center of the general construction site) to the property line of the nearest receptors. Although construction may occur across the entire phase area, the area around the center of construction activities best represents the potential average construction related noise levels at the various sensitive receptors. Based on the default CalEEMOD construction equipment mix, noise levels at various distances to nearby residences were estimated for each construction phase as summarized in Table 6, Noim Levels During Construction. As shown, existing noise sensitive uses surrounding the Raitt Street Site would be exposed to increased noise from construction activities above existing ambient noise levels. The greatest noise impact would be generated during grading phase, which is expected to occur over 10 days. Noise levels during building construction and paving would result in lower noise levels and would decrease with distance at more distant receptors. 75C-112 *:/:I1-3111ira Table 6 Noise Levels During Construction Construction Activity Phase Residence to North at 70 feet' Residence to South at 100 feeti Residence to East at 225 feet' Residence to West at 280 feet' Grading 78 dBA 75 dBA 68 dBA 66 dBA Building Construction 70 dBA 67 dBA 60 dBA 58 dBA Paving 74 dBA 71 dBA 64 dBA 62 dBA Source: Roadway Constructon Noise Model (RCNM), FHWA, 2008. Note: 1 As measured from the acoustical center of the construction site to the nearest sensitive receptor property line Residents surrounding the replacement park sites would experience increased noise levels during construction. However, impacts would not be considered significant because construction activities would occur during the daytime hours when many people would be out of their houses, and not in the evening or latenighthours when residential land uses are more sensitive to noise, consistent with the City of Santa Ana's Municipal Code, Section 18.314(e). Additionally, the following best management practices are expected to be taken to further reduce noise levels during construction. ■ Prior to the start of and for the duration of construction, the contractor shall properly maintain and time all construction equipment in accordance with the manufacture's recommendations to minimize noise emissions. ■ Prior to use of any construction equipment, the contractor shall fit all equipment with properly operating mufflers, air intake silencers, and engine shrouds no less effective than as originally equipped by the manufacturer. ■ The construction contractor shall post a sign, clearly visible at the site, with a contact name and telephone number of the City authorized representative to respond in the event of a noise complaint. ■ During construction, the construction contractor shall place stationary construction equipment as far from sensitive receptors as practical and feasible. Given the temporary nature of the construction noise, and the adherence to the City of Santa Ana's Municipal Code for construction activities, the proposed project would result in a less than significant noise impact. No mitigation measures are required. Operational Noise Impact Noise Compatibility Raitt Street Site This park would be a walk-up, pedestrian park that would primarily serve the local neighborhood. The park would provide a skate area, restroom, walking path, playground equipment for a tot lot, exercise area, benches aid tables. Stationary noise would be generated from children playing, people exercising, skating, and people 75C-113 *:/ : 11-1 h WA talking throughout the park. However, noise from these stationary sources typically do not generate substantial noise. High noise levels from recreational stationary sources are generally associated with large crowd gathering areas for spectator events such as amphitheater, athletic field, and areas with bleachers. The skate area proposes lighting for evening hours. As described above, noise measurements were taken at a comparable skate park (Harvard Skate Park in Irvine) to establish typical skate park evening noise levels. Three short-term measurements were taken at various distances from the comparable skate park The results of ST- 2 and ST-3 measurements indicate that Lso noise levels are approximately 54 dBA 5 — 25 feet from the edge of the skate area. The nearest residences to the proposed skate area are approximately 25 feet to the north. The existing wall on the nor them and eastern property lines would reduce noise levels by approximately 5 dBA by breaking line -of -sight, resulting in noise levels of 49 dBA Lso at the nearest residences to the north, which would not exceed the City of Santa Ana's exterior noise limit of 55 dBA Lso during the hours of 7:00 AM to 10:00 PM. 6th Street Site This park will be a walk-up, pedestrian park that would primarily serve the local neighborhood. The park would provide playground equipment, benches and tables, shade structures, picnic area, and a skate area. Stationary noise would be generated from children playing, people exercising, skating, and people talking throughout the park. The skate area is proposed to have lighting for evening hours. As described above, noise measurements were taken at a comparable skate park (i.e., Harvard Skate Park in Irvine) to establish typical skate park evening noise levels. Three short-term measurements were taken at various distances from the comparable skate park The results of ST-2 and ST-3 measurements indicate that Lso noise levels are approximately 54 dBA, approximately 5 to 25 feet from the edge of the skate area. The nearestresidences to the proposed skate area are approximately 5 feet to the west and south. The existing garages on the southern property line would reduce noise levels by at least 5 dBA by breaking line -of -sight, resulting in noise levels of 49 dBA Lso at the residences to the south. Therefore, noise levels at the nearest residences to the west and south are not anticipated to exceed the City of Santa Ana's exterior noise limit of 55 dBA Lso during the hours of 7:00 AM to 10:00 PM. It should be noted that noise generated from park activities is exempt from noise performance standards for residential area pursuant to Section 18-314(c). Section 18-314(c) states that activities conducted on any park or playground owned and operated by a public entity is exempt from the Noise Ordinance. Therefore, operational noise impacts would be considered less than significant. The City's General Plan Noise Element establishes a noise standard of 65 dBA CNEL for park picnic areas and playgrounds. The noise element integrates noise considerations into land use planning to prevent noise and land use conflicts. However, it is important to note that with the Supreme Court decision regarding the assessment of the environment's impacts on projects (California Building Industry Association (CBIA) P. Bay Area Air Quality Management District (BAAQMD), 62 Cal. 4th 369 (No. S 213478) issued December 17, 2015), it is generally no longer the purview of the CEQA process to evaluate the impact of existing environmental conditions on any given project As a result, while the noise from existing sources is taken into account as part of the baseline, the direct effects of exterior noise from nearby noise sources relative to land use compatibility 75C-114 *:/ : 11-1 h WA of the project is no longer a required topic for impact evaluation under CEQA. Nonetheless, for the complete understanding of the public, it is noted that the project areas are not located within the 65 dBA CNEL contour per the City of Santa Ana's Noise Element, Exhibit 5, Transportation Noise Sources. However, no determination of significance is required. Skate Area Noise As described above, projectgeneratedoperational noise would not exceed City noise standards. However, implementation of the project has the potential to create an increase in ambient noise levels. Changes of 1 to 3 dBA are detectable under quiet laboratory conditions and changes of less than 1 dBA are usually indiscernible. A 3 dBA change in noise levels is considered the minimum change that is detectable with human hearing in outside environments. A change of 5 dBA is readily discernable to most people in an exterior environment whereas a 10 dBA change is perceived as a doubling (or halving) of the sound. The results of noise monitoring at ST-4 indicate that existing ambient noise levels are approximately 46 dBA L50 at the 60 Street Site during evening hours. Since a change of 5 dBA would be considered readily discernable, this is used as the threshold for potentially significant impacts. The results of ST-2 and ST-3 measurements indicate that L5o noise levels are approximately 54 dBA 5 — 25 feet from the edge of the skate area. The nearest residences to the proposed skate area are approximately 5 feet to the west and southwest. The existing garages on the southern property line would reduce noise levels by at least 5 dBA by breaking line -of -sight, resulting in noise levels of 49 dBA L5o at the residences to the south, which would not create an ambient noise increase of 5 dBA L5o or more. The single story residences immediately adjacent to the west and the two-story apartments immediately adjacent to the southwest could be exposed to ambient noise level increases of up to 8 dBA L50, which is considered potentially significant. Therefore, Mitigation Measure N0ISE-1, which provides two options, would be required to reduce this impact to a level of less than significant. Although noise from the skate area would be readily discernable from the adjacent residential uses, the noise increase would not be considered a substantial permanent increase in ambient noise levels in the vicinity given that the skate park operating hours would be restricted to 8 PM under MM NOI-1. Provided that skating area is closed by 8 PM, when residences are reasonably anticipated to conduct normal household activities, not before typical quiet hours to begin (e.g., 10 PM), even though some residences to the west and southwest could be exposed to ambient noise level increases of up to 8 dBA L5o, it would not be considered a substantial permanent increase. It should also be noted that Section 18.314 of the City's Noise Ordinance specifically excludes noise from activities conducted at any park or playground owned and operated by a public entity. Therefore, with mitigation, impacts would be considered less than significant. Alternatively, a 10-foot noise barrier wall could be constructed along the western and southern boundary to block the line of sight from the western and southwestern residences. With the minimum 10-foot barrier, the ambient noise increase is predicted to be reduced by at least 5 dBA. Therefore, the ambient noise increase would be reduced to 49 dBA L5o or less (i.e., up to 3 dBA increase). Therefore, compared to existing ambient noise levels of approximately 46 dBA L5o, the proposed project would not cause ambient noise levels to increase by 5 dBA or more (readily discernable to most people). Implementation of MM N0I-1 would ensure that impacts are reduced to a less than significant level. 75C-115 *:/ :11-1 Ill WA The nearest residences to the proposed skate area at the Raitt Street Site ace approximately 25 feet to the north. Additionally, there is an existing wall on the northern and eastern property lines, therefore reducing noise levels by approximately 5 dBA by bfeakmg line -of -sight. The residences to the west and south are over 100 feet from skate area. Although no site -specific noise monitoring was conducted, it is assumed that the ambient noise level would be similar to that of the 6u Street Site at 46 dBA Lso. Because the nearest residences to the north me one-story buildings, and the existing wallbreaks the line -of -sight from the skate area, the ambient noise increase would eb reduced by at least 5 dBA, and the noise increase is projected to be about 3 dBA Lso, therefore, impacts would be considered less than significant without mitigation for the Raitt Street Site. Project -Related Roadway Noise The proposed parks are both intended to be walk-up parks that would primarily serve the local neighborhood. As such, no vehicle parking will be constructed, and the projectrelatedtrips would be limited to maintenance workers and some park visitors. The 6th Street Site is anticipated to generate 0.33 daily trips and the Raitt Street Site is anticipated to generate 0.85 daily trips. In general, to create a 3 dBA CNEL increase in trafficgeneratednoise levels (i.e., barely detectable), a doubling of traffic flows (i.e., 10,000 vehicles per day to 20,000 per day) would be needed. Therefore, such a minor increase in traffic volumes on the streets in the vicinity of the replacement park sites (less than 1 trip per day on average) would not result in significant traffic noise increase and this would be a less -than -significant impact. Mitigation Measure N0I-1 The City of Santa Ana shall turn off park lights and festrict operating hours of the skate area at the 6th Street Site to no later than 8:00 PM to reduce evening noise levels at adjacent residential uses; Of The City of Santa Ana shall construct a noise barrier along the western and southern property lines adjacent to the skate area of the 6th Street Site. The barrier shall be continuous from glade to top, with no cracks or gaps, and have a minimum surface density of four pounds per square foot. A minimum barrier height of 10 feet at the 6th Street Site, as measured from the base elevation, shall be provided. b) Generation of excessive groundbome vibration or groundbome noise levels? Less Than Significant Impact. The proposed park facilities do not include any vibration-genefating sources of activities; therefore, no persons would be exposed to excessive groundbofne vibration during operation. Construction activities can generate varying degrees of ground vibration, depending on the construction procedures, construction equipment used, and proximity to vibration -sensitive uses. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source. Ground vibrations from construction activities can but rarely reach levels that can damage structures. The term `architectural damage' is defined as minor surface cracks (in plaster, drywall, tile, of stucco) 75C-116 *:/ : 11-1 h WA or the sticking of doors and windows. This is below the severity of `structural damage' which entails the compromising of structural soundness of the threatening the basic integrity of the building shelL Building damage is typically not a concern for most projects, with the occasional exception of blasting, pile driving and vibratory rollers during construction (FTA 2018). No blasting, pile driving, vibratory rollers or hard rock ripping/crushing activities would be required during project construction. Therefore, no structural damage due to proposed project is anticipated, and no mitigation measures are required. c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The closest airport is the John Wayne Airport located approximately 4.4 miles and 4.2 miles to the south of the 6th Street Site and the Raitt Street Site, respectively. The replacement park sites are not within the airport land use plan boundaries for John Wayne Airport (ALUC 2008). The replacement park sites are located in highly urbanized neighborhoods and there is no private airstrip in the vicinity of the 6th Street Site or the Raitt Street Site. The proposed project would not expose people residing of working in the project area to excessive noise levels. No impact would occur, and no mitigation measures are necessary. 3.13 POPULATION AND HOUSING Would the project: a) Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact. Population growth is directly correlated with the development of new homes of businesses and indirectly correlated to providing necessary infrastructure. The proposed project would serve the existing community that are already served by existing infrastructure. Substantial population growth in the area would not result from development of pedestrian parks in existing residential community. No impact would occur, and no mitigation measures are required. b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? No Impact. The replacement park sites are vacant, and no housing or people would be displaced. Therefore, the proposed project would not necessitate replacement housing anywhere. No impact would occur, and no mitigation measures are required. 3.14 PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new of physically altered governmental facilities, the 75C-117 *:/ : 11-1 h WA construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? Less Than Significant Impact. The City's fire protection services are provided by the Orange County Fire Authority (OCFA). There are 10 fire stations within the City limits, and the nearest fire station fiom the 6th Street Site is Station No. 75 at 120 W. Walnut Street, approximately 0.5 mile to the southwest of the 6th Street Site; and the nearest station from the Raitt Street Site is Station No. 73 at 419 S. Franklin Street, approximately 0.03 mile to the west of the Raitt Street Site. The replacement park sites are currently vacant, and the proposed project would slightly increase the fire protection demands at these sites. However, the proposed project would mainly serve the existing community, and would not increase the overall population size to result in physical alteration of existing fire protection facilities. The proposed project is not a growth inducing project, and no additional fire protection facilities would need to be constructed in order to serve the replacement park sites. Therefore, impacts would not be considered significant, and no mitigation measures are required. b) Police protection? Less Than Significant Impact. The Santa Ana Police Department (SAPD) provides police protection services to the City of Santa Ana. SAPD would be responsible for providing police protection services to the replacement park sites. In general, the demand on police services is related to the size of the population and geographic area served, the number and types of calls for service, and other community chmacteristies. The 6th Street Site is surrounded generally by residential uses, except for Garfield Elementary School across Lacy Street Raitt Street Site is surrounded by residential uses on all four sides. Development of walkup parks would support the existing residential community and would not substantially increase the size of the population that require police protection from SAPD. Therefore, no provision of new or physically altered police facilities are anticipated. Implementation of the proposed project would not have a significant impact on existing police protection services, and no mitigation measures are necessary. c) Schools? No Impact. School service needs me related to the size of the residential population, the geographic area served, and community characteristics. The proposed project is the construction of neighborhood parks that would serve the needs of the existing community, and the project would not increase the population of the area. Therefore, the project would not place additional demands on District schools. No impact is anticipated. d) Parks? No Impact. In general, residential development and actions that generate an increase in population result in added demand on park services. The proposed project involves development of three neighborhood parks as replacement for the 2.6-acre of non recreational use at the Centennial Park The replacement parks would serve the needs of the existing community, and would not increase the population of the area. The proposed project would result in additional recreational opportunities for the local community, thereby generating a beneficial impact to park services. No impact is anticipated. 75C-118 *:/ : 11-1 h WA e) Other public facilities? No Impact. In general, residential development and actions that generate an increase in population result in added demand on other public services such as libraries, museums, daycare facilities. The proposed project involves development of three neighborhood park as replacement for the 2.6-acre of non recreational use at the Centennial Park The replacement parks would serve the needs of the existing community, and would not increase the population of the area. Therefore, the proposed project would not increase the demands for other public facilities in the area. No mitigation measures are necessary. 3.15 RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed project involves development of replacement parks that would serve the needs of the existing community and would not increase the use of other recreational facilities in the area. Instead, the proposed project would result in additional recreational opportunities for the local community, thereby generating a beneficial impact to existing park services. No impact is anticipated. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? Less Than Significant Impact. The proposed project involves the construction of walk-up parks on vacant properties surrounded by residential land uses. Impacts from the park development are addressed throughout this Initial Study, and impacts have been detefmined as less than significant with mitigation. Implementation of the proposed project would not have an adverse physical effect on the environment, and no additional mitigation measures are required. 3.16 TRANSPORTATION Would the project: a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? Less Than Significant Impact. The proposed park would result in negligible increase in traffic volumes on the streets in the vicinity from park employees, maintenance workers, and some users of the park would drive to and from the proposed park The streets that pfovide access to the park site include 6th Street, Lacey Avenue, which abuts the north and east side of the park site. The volumes of traffic that would be generated by the park would be negligible because the park is proposed to be a walk-up facility that would serve the nearby residential neighborhood. As currently proposed, the park would not include athletic fields, a gymnasium, or other types of uses that typically generate substantial volumes of vehicular traffic 75C-119 *:/ : 11-1 h WA The trip generation rates and the anticipated volumes of traffic that would be generated by the replacement parks are shown in Table 7, Project Generated Traffic. The trip rates reflect the average values shown in the Trip Generation Manual (ITE 2017) for public park land use category (ITE Code 411). Development of the 6th Street Site would generate 0.33 daily trips and the Raitt Street Site would generate 0.85 daily trips. The combined daily trips from the 6u' Street Site and the Raitt Street Site would be 1.18 trips, and the two replacement park sites are approximately 1.83 miles apart. An increase of 1.18 daily trips from the proposed project would be considered negligible traffic increase. Table 7 Project Generated Traffic Land Use I Daily I In I Out I Total I In I Out I Total Park Trip Generation Rates' Park (trips per acre) 0.78 0.01 0.01 0.02 0.06 0.05 0.11 Generated Traffic Volumes 6th Street Site (0.42 acres) 0.33 0.0042 0.0042 0.0084 0.0252 0.021 0.0462 Raiff Street Site (1.09 acres) 0.85 0.0109 0.0109 0.0218 0.0654 0.0545 0.1199 Total 1.18 0.0151 0.0151 0.0302 0.0906 0.0755 0.1661 Skate Park Trip Generation Ratesz Weekday tops per TSF 0.16 0.14 0.30 0.63 0.73 1.36 Weekend trips per TSF 0.98 0.89 1.86 0.72 0.69 1.41 Generated Traffic Volumes 6th Street Site (1.5 TSF) Weekday 0.24 0.21 0.45 0.95 1.10 2.04 Raiff Street Site (4 TSF) Weekday 0.64 0.56 1.2 2.52 2.92 5.44 Skate Area Total 0.88 0.77 1.65 3.47 4.02 7.48 Park Use Total 0.0151 0.0151 0.0302 0.0906 0.0755 0.1661 Combined Total 0.8951 0.7851 1.6802 3.5606 4.0955 7.6461 Some: ITE Cade 411 Tnp Generation Manual 10^ Edition, 2017. Tnp generadon rates for peak hour of adjacent street. 2 Tnp generadon rates are fmm Center Avenue Skatepark found in the City of Huntington Beach Center Avenue Skatepark TIA, Table 5-1, published December 2011. Because Trip Generation Manuals public park land use category does not include a skate area as it's park amenities, a separate analysis for skate area has been added to the overall project's trip generation as conservative evaluation. And because the Trip Generation Manual does not have a category for a skate park, trip generation rates used for a large skate park in Huntington Beach (approximately 0.8 acres) was used for the analysis. As shown in Table 7, a large skate park with spectator seats would have a weekday AM trip generation rate of 0.3 and a weekday PM trip generation of 1.36 per thousand square feet of skate area. Therefore, the proposed 1,500 square feet skate area in the 6th Street Park with no spectator seating is conservatively projected to generate 0.45 trip in the AM peak hour and 2 trips in the PM peak hour. The Raitt Street Site would include approximately 4,000 square feet of skating area, therefore, this skate area is anticipated to generate 1.2 weekday trips in the AM peak hours and 5.44 weekday trips in the PM peak hours. Even when the skate area traffic is combined with the rest of the park uses, the total AM peak hour trip increase would be 1.68 trips and the total PM peak hour trips would be 7.65 trips. Considering that the skate area trip generation is based on a large skate park with spectator seating, small scale skate areas in the replacement park sites without any spectator seating 75C-120 *:/ : 11-1 h WA that serves local community would actually generate less trips than evaluated in Table 7. Such increase in trips would not result in significant traffic impact. The proposed pfojeces impacts on existing roadway conditions would be negligible. Construction would be temporary and considering the size and scale of the proposed park, which would be 0.42 acres and no building area for the 6u Street Site and 1.09 acres and no permanent building area other than maybe a restroom building for the Raitt Street Site, relatively minor construction traffic would occur as compared to the existing traffic volumes on the streets in the project area. Impacts would be less than significant. Non -motorized Transportation and Transit The project would generate a demand for non motorized travel as the proposed park would result in additional pedestrians, bicycles, and skaters in the project area. The streets in the project vicinity have sidewalks along both sides of the street and the signalized intersections are equipped with painted crosswalks, pedestrian signals, and pedestrian push buttons to activate the signals. The proposed project would not adversely affect the performance of these transit or non -motorized transportation facilities and would not conflict with any plans or policies relative to these transportation modes. b) Conflict or be inconsistent with CEQA Guidelines § 15064.3, subdivision (b)? Less Than Significant Impact. On December 28, 2018, the California Natural Resources Agency adopted revised CEQA Guidelines, one of which was the removal of vehicle delay and level of service (LOS) from consideration under CEQA. Transportation impacts will instead be evaluated based on a pfojecfs effect on vehicle miles traveled (VM'I). The City of Santa Ana adopted its VAIT threshold one June 18, 2019. According the city's VMT Impact Thresholds under project type screening method, land use projects that generate less than 110 daily trips do not require VMT analysis, which assumes that the project is consistent with SCAG RTP/SCS. The proposed project is projected to generate less than 8 daily trips, therefore, VM'I' impacts would be considered less than significant under the city's VM'f Impact Threshold. No mitigation measures are required. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact With Mitigation Incorporated. The increased levels of traffic during construction and the increased number of pedestrians and bicycles at the site during operation would result in an increased number of traffic conflicts and a corresponding increase in the probability of an accident occurring. However, there are no sharp curves or dangerous intersections, of incompatible uses adjacent to both replacement park sites. The 6th Street Site fronts two straight streets, both equipped with sidewalks. Because this site is adjacent to Garfield Elementary School, two crossing stripes are present on Lacy Street and 6u Street. The Raitt Street Site also fronts two straight streets, both equipped with sidewalks. However, the adjacent intersections are unsignalized and no crossings are present. 75C-121 *:/ : 11-1 h WA Although the replacement park sites do not exhibit inherently dangerous design features of incompatible uses adjacent to the sites, the adjacent intersections are unsignalized and lacks safe crossing features. Therefore, increased safety features such as crossing stripes would be required to improve safety of the park users. Therefore, increased pedestrian activities at the Raitt Street Site would require additional safety features. The City of Santa Ana would be required to provide appropriate safety features such as crossing stripes to ensure safe routes to and from the pfoposed park It is anticipated that all access/circulation features would be designed in accordance with applicable standards. The project would not fesult in any incompatible uses in the study area. Provided that striped crossing is provided per the City's standard at the Raitt Street Site, the impacts would be less than significant. Mitigation Measure TRAIN-1 City of Santa Ana shall provide pedestrian crossing features under the supervision of a licensed civil of traffic engineer, approved by the City of Santa Ana Public Works Department. d) Result in inadequate emergency access? Less Than Significant Impact. The replacement park sites have two street frontages, providing adequate emergency access and circulation to accommodate emergency ingress and egress by fire trucks, police units, and ambulance/paramedic vehicles. No onsite vehicle circulation of parking access would be provided, as the replacement parks would be walk-up parks. Only pedestrian walkways would be provided. All access features are subject to and must satisfy the City of Santa Ana design requirements. There would, therefore, be no impacts relative to emergency access and no mitigation measures would be necessafy. 3.17 TRIBAL CULTURAL RESOURCES a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k), or No Impact. Public Resources Code (PRC) 5020.1(k) defines "local register of historical resources" means a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution. Both replacement park sites are currently vacant and do not contain historically significant resources that are listed, of identified as eligible for listing on the NHPA, CRHR, and SARHP (Rincon 2016a, 2016b, Santa Ana 2017). No impact would occur, and no mitigation measures are required. ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource 75C-122 *:/ : 11-1 h WA Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. Less Than Significant Impact With Mitigation Incorporated. PRC 5024.1(c) indicates that a resource may be listed as an historical resource in the California Register if it meets any of the listed NRHP criteria. The replacement park sites do not contain any fesources that meets the NRHP criteria and are not listed in the SLF. Assembly Bill (AB) 52 requires meaningful consultation with California Native American tribes on potential impacts to tribal cultural resources, as defined in Public Resources Code Section 21074. Tribal cultural resources are sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either eligible of listed in the CRHR or local register of historical resources. As part of the AB 52 process, Native American tribes must submit a written request to the City of Santa Ana (lead agency) to be notified of projects within their traditionally and culturally affiliated area. The City must provide written, formal notification to those tribes within 14 days of deciding to undertake a project. The tribe must fespond to the City within 30 days of feceiving this notification if they want to engage in consultation on the project, and the City must begin the consultation process within 30 days of receiving the tribe's request. Consultation concludes when either 1): the parties agree to mitigation measures to avoid a significant effect on a tribal cultural resource, or 2) a party, acting in good faith and after reasonable effoft, concludes mutual agreement cannot be reached. The City of Santa Ana received the list of tribal groups that may be affiliated with the project area from the Native American Heritage Commission, and sent letters requesting consultation to six tribal groups. The consultation request letters were sent on December 5, 2018 via mail and email, and the tribes were given 30 days to respond to the request. The 30-day closed on January 4, 2019, and no response was received. The City is in compliance with AB 52 regulations and no potentially significant impact has been identified. Although no tribal cultural resources have been identified, future excavation on the replacement park sites that go beyond artificial fill materials could yield an archaeological resource with information important in prehistory of history. Therefore, a mitigation has been incorporated to reduce potential impacts to a less than significant level. Mitigation Measure TCR-1 If the professional archaeologist implementing Mitigation Measure CUL-1 believes that a cultural resource encountered onsite is of "tribal cultural resources" pursuant to Public Resources Code Section 21074, the archaeologist shall notify representatives of Native American tribes with traditional territofies in the project region. If requested by the Native American tribe(s), the developer of archaeologist on -call shall, in good faith, consult on the discovery and its disposition (e.g., avoidance, preservation, return of artifacts to tribe). If the resources are Native American in origin, a tribal monitor from the consulting tribe shall be present during the remaining site -grading activities. 75C-123 *:/ : 11-1 h WA 3.18 UTILITIES AND SERVICE SYSTEMS Would the project: a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Less Than Significant Impact. Water Treatment The proposed project would involve the construction of community park facilities, and water use would be limited to drinking water fountain use, potential festroom use, and landscaping. The City of Santa Ana Water Resources Division provides water and sewer services to the city. Considering the size of the replacement parks totaling 1.51 acres, and proposed amenities such as drinking fountains and one potential festroom building on the Raitt Street Site, the proposed project would not require the need for the construction or expansion of new water treatment facilities. Additionally, landscaping would be comprised of drought tolerant plants and the festroom would be equipped with water conserving fixtures. The replacement park sites are within highly urbanized neighborhood, and existing water infrastructure are in place to serve the proposed park use. The development and implementation of the project would not significantly increase water usage. Therefore, no significant impacts would occur as a result of the proposed project, and no mitigation measures are necessary. Wastewater Treatment The proposed project would involve the construction of community park facilities, and water use would be limited to drinking water fountain use, potential festroom use, and landscaping. The City of Santa Ana Water Resources Division provides water and sewer services to the city. Considering the size of the replacement parks totaling 1.51 acres, and proposed amenities such as drinking fountains and one potential festroom building, the proposed project would not fequire the need for the construction or expansion of new of expanded wastewater treatment facilities. The festroom (if constructed) would be equipped with water -conserving fixtures and only minimal wastewater disposal is anticipated. The replacement park site have been previously developed with residential uses, and one potential restroom buildingwould not create demands for new of expanded wastewater treatment facilities. No significant impacts would occur, and no mitigation measures are necessary. Stormwater drainage Stormwatef improvements for the replacement parks would connect to the existing storm drainage infrastructure and would not require off site new stormwater drainage facilities. Although the proposed project could slightly increase the on site impervious surface areas, the proposed parks would provide rock bioswales, drywell stormwater capture system, and different pervious surface materials to ensure that runoff volume from the project site does not exceed the existing runoff volume. Offsitedrainage facilities would not be affected substantially, since the off site runoff volume and rate conditions would not change significantly. Significant 75C-124 *:/ :11-1 Ill WA environmental effects would not occur due to construction of stmmwatef drainage facilities. No mitigation measures are required. Electric Power The replacement park sites' electrical power is provided by Southern California Edison (SCE). The replacement park sites have been previously developed with residential uses and are surrounded by urban uses that consume electric power. The replacement park sites are currently vacant and the proposed project would use limited electric power for nighttime lighting. No habitable structures would be constructed that would require constant electric power usage. Only minimal electric power would be used during operation, and no offsite expanded electric power facilities would be necessary to implement the proposed project. Impacts would be less than significant, and no mitigation measure are required. Natural Gas The replacement park sites' natural gas is provided by Southern California Gas Company (SCG). The proposed project would not involve any habitable structures and no substantial increase in natural gas demands would result from project implementation. Provision of natural gas service improvements would not cause substantial of unusual adverse physical impacts to the environment. No impact is anticipated, and no mitigation measures are required. Telecommunications The feplacement park sites have been previously developed with residential uses and are surrounded by urban uses. Therefore, there are available telecommunication facilities, such as AT&T, to accommodate the proposed project The proposed project does not involve any habitable structures that require improvements to telecommunication facilities, and no increased demand is anticipated. Provision of telephone service improvements would not cause substantial of unusual adverse physical impacts to the environment. No mitigation measures are required. b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? Less Than Significant Impact. The city's Water Resources Division provides water service within the city's 27-square mile service area. The majority of city's water demand is from residential uses, where it comprised approximately 67 percent of the total water demand (Afcadis 2016). Landscaping comprises approximately 0.4 percent, and other uses such as commefcial, institutional, and industrial combined make up the rest. Therefore, water use from two feplacement park facilities totaling 1.51 acres with drinking fountains, a restroom, and draught tolerant landscaping would not require new of expanded water entitlement The proposed project would not affect the city's water supplies during normal, dry, and multiple dry years. It is anticipated that existing water resources would be adequate to handle the proposed project and no significant impacts would occur. No mitigation measures are necessary. 75C-125 *:/ : 11-1 h WA c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact. Development of a park at the 6th Street Site would not involve a restroom, but the Raitt Street Site may include a public festroom. The Raitt Street Site was previously developed as residential uses, and development of a small public festroom with water -conserving fixtures is not anticipated to create substantial wastewater treatment demands to result in deficiency in wastewater treatment capacity. Considering the size and nature of the proposed project, impacts would be considered less than significant No mitigation measures are required. d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Less Than Significant Impact. Solid waste would be generated by the project both on a short-term basis, during the project's construction phase, and on a long-term basis, through the daily operation of the park Construction waste is required to be handled and recycled at levels consistent with the California Green Building Standards Code. Construction debris and waste would be handled by authorized haulers. All nonhazardous demolition debris, if any, would be transported to the appropriate material recovery facility and sorted for recyclables and nomecyclables before delivery to landfills. Operation of the park would be expected to generate a negligible amount of solid waste from community users. Therefore, the net increase in solid waste that would be experienced at regional landfills would be negligible. As such, it is anticipated that the landfills servicing the proposed projectwould have sufficient capacity to accommodate the project's solid waste disposal needs, and no significant impacts would occur as a result of the proposed project. No mitigation measures are necessary. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? No Impact. The city is required to comply with all state solid waste diversion, reduction, and recycling mandates, and would do so for the proposed project. No impact to federal, state, or local statutes related to solid waste would occur. No mitigation measures are required. 3.19 WILDFIRE If located in or near state fesponsibility areas or lands classified as very high fire hazard severity zones, would the project: a) Substantially impair an adopted emergency response plan or emergency evacuation plan? No Impact. The replacement park sites are not in or near state responsibility areas or lands classified as very high fire hazard severity zones (Orange 2011). No impact would occur, and no mitigation measures are required. 75C-126 *:/ : 11-1 h WA b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? No Impact. The replacement park sites are not in of near state responsibility areas or lands classified as very high fire hazard severity zones (Orange 2011). No impact would occur, and no mitigation measures are fequired. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? No Impact. The replacement park sites are not in or near state responsibility areas or lands classified as very high fire hazard severity zones (Orange 2011). No impact would occur, and no mitigation measures are required. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post -fire slope instability, or drainage changes? No Impact. The replacement park sites are not in or near state responsibility areas or lands classified as very high tire hazard severity zones (Orange 2011). No impact would occur, and no mitigation measures are required. 3.20 MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact. Implementation the proposed project would not substantially reduce the quality of biological resources or any sensitive habitats. The replacement park sites have been previously developed with residential uses and are surrounded by highly urbanized uses. There are no pfotected biological resources except for trees, which would be surveyed in compliance with the X BTA prior to removal per mitigation measure BI0-1. In addition, as discussed in Section 3.5, Cultural Resources, the replace park sites do not contain any examples of the major periods of California history of prehistory, and potential impacts to the discovery of subsurface cultural resources would be reduced to a less than significant level by incorporating mitigation measures CUL-1 and CUL-2. Therefore, no further mitigation is necessary, and impacts would be less than significant b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact. As discussed throughout the Initial Study, implementation of the proposed project would result in individually limited environmental impacts that would be reduced to a less than 75C-127 *:/ : 11-1 h WA significant level. Considering the small size and scale of the proposed parks, and temporary nature of construction, which would only occur for about two to three month, cumulatively considerable impacts are not anticipated. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact. As discussed through the Initial Study, all environmental topics evaluated were determined to have less than significant impacts with and without mitigation. Therefore, the proposed would not cause direct or indirect substantial adverse effect on human beings. Impacts would be less than significant. 75C-128 *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-129 *:/ : 11-1 h WA 4. References Airport Land Use Commission for Orange County (ALUC). 2008, April 17. AELUP Notification Area for JWA. https://w ocaif.com/commissions/aluc/docs/jwmotf2008.pdf Arcadis. 2016 AprL 2015 UrbanWater Management Plan Final Draft http://w ..ci.smta- ma.ca.us/pwa/documcnts/DRAFrSmtaAmUVIMPApril2Ol6.pdf Bay Area An Quality Management District (BAAQMD). 2017, May. Califoniia Environmental Quality Act An Quality Guidelines. California Au Pollution Control Officers Association (CAPCOA). 2017. California Emissions Estimator Model (CalEEMod). Version 2016.3.2. Prepared by: BREEZE Software, A Division of Trinity Consultants in collaboration with South Coast Air Quality Management District and the California Aif Districts. California Au Resources Board (CARB). 2017a, October 18. Area Designations Maps/State and National. http://w ..arb.ca.gov/desig/desig.htin. . 2017b, March 14. Final Proposed ShortLivedClimate Pollutant Reduction Strategy. https://w ..arb.ca.gov/cc/shortlived/shortlived.htm. 2017c, November. California's 2017 Climate Change Scoping Plan: The Strategy for Achieving California's 2030 Greenhouse Gas Target. https://ww b.ca.gov/cc/scopingplm/scop4ig_plan_2017.pdf. California Department of Conservation (DOC). 2018, October (accessed). California Geological Survey, Seismic Hazards Mapping Act Fact Sheet. http://w ..conservation.ca.gov/cgs/Documents/Program-SHP/fact_Shect.pdf 2016. Department of Conservation, Division of Land Resource Protection, Farmland Mapping acid Monitoring Program, California Important Farmland Finder. https://maps.conservation.ca.gov/DLRP/CIFF/ California Department of Fish and Wildlife (CDFW). 2018. Biogeographic Information and Observation System (BIOS), BIOS Viewer. https://mag.dfg.ca.gov/bios/ California Department of Resources Recycling and Recovery (CalRecycle). 2018. SWIS Facticity/Site Search, LEA Jurisdiction, Orange County. http://w ..colrecycle.ca.gov/SWFacilitics/Directory/Semchl. st/l,ist?LEA=30-AB. 75C-130 *:/ : 11-1 h WA California Department of Toxic Substances Control (DTSC). 2018. EnviroStor. http://w ..mvirostof.dtsc.ca.gov/public/. California Department of Transportation (Caltrans). 2011, September 7 (updated). California Scenic Highway Mapping System. http://w ..dot.ca.gov/hq/1 andAich/16_livability/scenic_ iighways/. California Energy Commission (CEC). 2016. 2016 Building Energy Efficiency Standards for Residential and Nonresidential Buildings. Table 10-114 A Lighting Zone Characteristics and Rules for Amendments by Local Jurisdictions. http://w ..energy.ca.gov/2015publications/CEC-400-20IS-037/CEC-400- 2015-037-CMEpdf. California Geological Survey (CGS). 2018, October 10 (accessed). Alquist-Priolo Earthquake Fault Zones, Table 4. Cities and Counties Affected by Alquist-Priolo Earthquake Fault Zones as of January 2010. http://w ..conservation.ca.gov/cgs/Pages/Earthquakes/affected.aspx . 2001, January 17 (released) CGS Information Warehouse: Regulatory Maps. Earthquake Zones of Required Investigation Tustin Quadrangle. http://gmw.comervation.ca.gov/SHP/EZRlM/Maps/TUSTIN—EZRIM.pdf . 1998, April 15 (released) CGS Information Warehouse: Regulatory Maps. Earthquake Zones of Required Investigation Newport Beach. http: / /gmwcomervation. m.gov/SDP/EZRIM/Maps /NEWPORT_BEACH_EZRIM.pdf . 1981. California Department of Conservation, Surface Mining and Reclamation Act (SMARA) Mineral Lands Classification (MLC) data portal, CGS Information Warehouse: Mineral Land Classification, SMARA Study Area. Generalized Aggregate Resource Classification Map, Orange County— Temescal Valley and Adjacent Production — Consumption Regions. ftp://ftp.consfv.m.gov/pub/dmg/pubs/sr/SR 143/1'artIII/Plate-3 I.pdf Federal Emergency Management Agency (FEMA). 2009. https://msc.fema.gov/portal/search Federal Transit Administration (FTA). 2018, September. Transit Noise and Vibration Impact Assessment Manual. https://w ..transit.doLgov/sites/fta.dot.gov/files/docs/research- innovation/118131 /transit-noise-and-vibration-impact-assessment-manual-fta-report-no-0123_O.pdf Governor's Office of Planning and Research (OPR). 2008, June. CEQA and Climate Change: Addressing Climate Change through CEQA Review Technical Advisory. http://w ..opr.m.gov/cega/pdfs/june08-cega.pdf. Illuminating Engineering Society (IES). 2011. Model Lighting Ordinance: User's Guide. http://w ..ies.org/PDF/MLO/MLO_FINAL jme20ll.pdf. Institute of Transportation Engineers (ITE). 2017. Trip Generation Manual. 10� edition. 75C-131 *:/ : 11-1 h WA Institution of Lighting Engineers (ILE). 2003. Guidance Notes for the Reduction of Light Pollution. https://w ..gov.je/SiteCoRectionDocummts/Planning%20and%20building/SPG%20Lightpollutio n%202002.pdf. Lighting Research Center (LRC). 2016. NLPIP: Lighting Answers: What are lighting environmental zones. http://w ..ifc.rpi.edu/programs/NLPIP/lightingAnswers/lightPollution/mvifo=mtalzones.asp. National Optical Astronomy Observatory. 2016 (accessed). Recommended Light Levels. https://w ..noao.edu/education/QLTliit/AMVITY_Documents/Safety/Lighti.evels_outdoor+i ndoor.pdf. National Park Service (NPS). 2018. National Register of Historic Places. https://w ..nps.gov/Nr/research/, https://w ..nps.gov/maps/full.html?mapld=7adl7cc9-b808-4ff8-a2f9-a99909164466. Natural History Museum of Los Angeles County (NHMLA). 2018, May 15. Paleontological Records Search. Office of Historic Preservation (OHP). 2018. California Historical Resources, Orange County. http://ohp.parks.ca.gov/hstedResourMS/. Orange, County of. 2011. Very High Fire Hazard Severity Zones in LRA as Recommended by CAL FIRE. https://w..orgov.com/civicax/filebank/blobdload.aspx?BlobID-8755. . 1975, May. Inundation Map for Villa Park Reservoir, Map No. 2. . 1973, October. Inundation Map for Santiago Reservoir, Map No. 2. Orange County Water District (OCWD). 2015, June 17. Groundwater Management Plan 2015 Update. https://w ..ocwd.com/media/3622/groundwater managementplm2015update_20150624.pdf. P1aceWorks. 2018, August 28. Recreational Value Assessment for City of Santa Ana's Centennial Park Proposed Federal Land to Park Land Exchange. Rincon Consultants. 2016a, January 21. City of Santa Ana 6u Street & Lacey Street Park Project Cultural Resources Study. . 2016b, January 21. City of Santa Ana Raitt & Myrtle Street Park Project Cultural Resources Study. Santa Ana, City of 2017, July 20. Santa Ana Register of Historic Properties. http://w ..ci.smta- ana. ca.us /pba/plamiing/documents /Historic_Register.pdf 1982, September 20 (adopted). City of Santa Ana General Plan. South Coast Air Quality Management District (SCAQMD). 1993. California Environmental Quality Act Air Quality Handbook 2008, July. Final Localized Significance Threshold Methodology. 75C-132 *:/ : 11-1 h WA 2011. Fact Sheet for Applying CalEEMod to Localized Significance Thresholds. http://w ..agmd.gov/docs/default-source/cega/handbook/localized-significance- thresholds / caleemod-guidance. p df? s fvrsn=2. Southern California Association of Governments (SCAG). 2016, April 7. Final 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS): A Plan for Mobility, Accessibility, Sustainability, and a High Quality of Life. http://smgrtpscs.net/Pages/FINA12016RTPSCS.a px. State Water Resources Control Board (SWRCB). 2018. GeoTracker. http://geotiackef.waterboa ds.ca.gov/. US Army Corps of Engineers (USACE). 1985, August. Prado Dam Emergency Plan Inundation Map, Plate No. 4. US Department of Agriculture, Natural Resources Conservation Service (USDA). 2018. Web Soil Survey, Area of Interest. https://websoilsurveysc.egov.uscia.gov/App/WebSoilSurvey.aspx. US Environmental Protection Agency (USEPA). 2018a (version). EJSCREEN. https://cjscrcen.epa.gov/mapper/. 2018b. EnviroMapper for EnviroFacts. https://w 3.epa.gov/mviro/index.htrnl. US Fish and Wildlife Service (USFWS). 2018. ECOS Environmental Conservation Online System, U.S. FWS Threatened & Endangered Species Active Critical Habitat Report Online mapper. https:// fws.maps.mcgis.com/home/web=p/viewer.html?webmap=9d8de5c265ad4fe09893cf75b8d bfb77 2017 (last modified October 1, 2017). National Wetlands Inventory, Surface Waters and Wetlands, Wetlands Mapper https://w ..fws.gov/wetlands/data/mapper.html. 75C-133 *:/ : 11-1 h WA 5. List of Preparers CITY OF SANTA ANA (LEAD AGENCY) Ron Ono, Administrative Services Manager, Parks, Recreation and Community Services Agency »_T11:114VIIIN XI Dwayne Mears, AICP, Principal, Environmental Services Elizabeth Kim, Senior Associate, Environmental Services Nicole Vermilion, Associate Principal, Air -quality and Greenhouse Gases Allyssa Way, An Quality/GHG Specialist Isabel Garcia, Noise Specialist Cary Nakama, Graphic Artist 75C-134 *:/ : 11-1 h WA Tbi _ iage intentionally left blank. 75C-135 *:/ : 11-1 h WA Appendix A Air Quality/GHG Emissions Data 75C-136 *:/ : 11-1 h WA Tbirpage intentionally left blank. 75C-137 *:/ : 11-1 h WA Air Quality and Greenhouse Gas Background and Modelina Data AIR QUALITY Climate/Meteorology SOUTH COAST AIR BASIN The project site lies in the South Coast Air Basin (SoCAB), which includes all of Orange County and the non -desert portions of Los Angeles, Riverside, and San Bernardino Counties. The SoCAB is in a coastal plain with connecting broad valleys and low hills and is bounded by the Pacific Ocean in the southwest quadrant, with high mountains forming the remainder of the perimeter. The general region lies in the semi -permanent high-pressure zone of the eastern Pacific. As a result, the climate is mild, tempered by cool sea breezes. This usually mild weather pattern is interrupted infrequently by periods of extremely hot weather, winter storms, and Santa Ana winds (SCAQNID 2005). Temperature and Precipitation The annual average temperature varies little throughout the SoCAB, ranging fiom the low to middle 60s, measured in degrees Fahrenheit ff). With a more pronounced oceanic influence, coastal areas show less variability in annual minimum and maximum temperatures than inland areas. The climatological station nearest to the project site with temperature data is the Santa Ana Fire Station (ID No. 047888). The lowest average temperature low is reported at 43.VF in January while the highest average temperature high is 84.7°F in August (WRCC 2018). In contrast to a very steady pattern of temperature, rainfall is seasonally and annually highly variable. Almost all rain falls from October through April. Summer rainfall is normally restricted to widely scattered thundershowers near the coast, with slightly heavier shower activity in the east and over the mountains. Rainfall averages 13.69 inches per year in the project area according to the data from the Santa Ana Fire station (WRCC 2018). Humidity Although the SoCAB has a semiarid climate, the air near the earth's surface is typically moist because of the presence of a shallow marine layer. Except for infrequent periods when dry, continental air is brought into the SoCAB by offshore winds, the "ocean effect" is dominant Periods of heavy fog, especially along the coast, are frequent. Low clouds, often referred to as high fog, are a characteristic climatic feature. Annual average humidity is 70 percent at the coast and 57 percent in the eastern portions of the SoCAB (SCAQNID 2005). 75C-138 *:/:I1-3hWA Wind Wind patterns across the south coastal region are characterized by westerly or southwesterly onshore winds during the day and by easterly or northeasterly breezes at night Wind speed is somewhat greater during the dry summer months than during the rainy winter season. Between periods of wind, periods of au stagnation may occur, both in the morning and evening hours. Air stagnation is one of the critical determinants of au quality conditions on any given day. During the winter and fall months, surface high-pressure systems over the SoCAB, combined with other meteorological conditions, can result in very strong, downslope Santa Ana winds. These winds normally continue a few days before predominant meteorological conditions are reestablished. The mountain ranges to the east affect the transport and diffusion of pollutants by inhibiting their eastward transport. Air quality in the SoCAB generally ranges from fair to poor and is similar to air quality in most of coastal southern California. The entire region experiences heavy concentrations of au pollutants during prolonged periods of stable atmospheric conditions (SCAQMD 2005). Inversions In conjunction with the two characteristic wind patterns that affect the rate and orientation of horizontal pollutant transport, there are two similarly distinct types of temperature inversions that control the vertical depth through which pollutants are mixed. These are the marine/subsidence inversion and the radiation inversion. The combination of winds and inversions are critical determinants in leading to the highly degraded au quality m summer and the generally good au quality in the winter in the project area (SCAQMD 2005). Air Quality Regulations The proposed project has the potential to release gaseous emissions of criteria pollutants and dust into the ambient air; therefore, it falls under the ambient au quality standards promulgated at the local, state, and federal levels. The project site is in the SoCAB and is subject to the rules and regulations imposed by the South Coast Au Quality Management District (SCAQMD). However, SCAQMD reports to California An Resources board (GARB), and all criteria emissions are also governed by the California and national Ambient An Quality Standards (AAQS). Federal, state, regional, and local laws, regulations, plans, or guidelines that are potentially applicable to the proposed project are summarized below. AMBIENT AIR QUALITY STANDARDS The Clean An Act (CAA) was passed in 1963 by the US Congress and has been amended several times. The 1970 Clean Air Act amendments strengthened previous legislation and laid the foundation for the regulatory scheme of the 1970s and 1980s. In 1977, Congress again added several provisions, including nonattainment requirements for areas not meeting National AAQS and the Prevention of Significant Deterioration program. The 1990 amendments represent the latest in a series of federal efforts to regulate the protection of air quality m the United States. The CAA allows states to adopt more stringent standards or to include other pollution species. The California Clean Air Act (CCAA), signed into law in 1988, requires all areas of the state 75C-139 *:/:I1-3Ill i`a to achieve and maintain the California AAQS by the earliest practical date. The California AAQS tend to be more restrictive than the National AAQS, based on even greater health and welfare concerns. These National AAQS and California AAQS are the levels of au quality considered to provide a margin of safety in the protection of the public health and welfare. They are designed to protect "sensitive receptors" most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed. Both California and the federal government have established healthbasedAAQS for seven air pollutants. As shown in Table 1, Ambient Air Quakty Standards for Criteria Pollutants, these pollutants include ozone (03), nitrogen dioxide (NOz), carbon monoxide (CO), sulfur dioxide (SO2), coarse inhalable particulate matter (PM3o), fine inhalable particulate matter (PMzs), and lead (Pb). In addition, the state has set standards for sulfates, hydrogen sulfide, vinyl chloride, and visibility- reducing particles. These standards are designed to protect the health and welfare of the populace with a reasonable margin of safety. Table 1 Ambient Air Qualitv Standards for Criteria Pollutants California Federal Primary Pollutant Averaging Time Standard' Standard' Major Pollutant Sources Ozone (03)3 1 hour 0.09 ppm Motor vehicles, paints, coatings, and 8 hours 0.070 ppm 0.070 ppm solvents. Carbon Monoxide (CO) 1 hour 20 ppm 35 ppm Internal combustion engines, primarily gasoline -powered motor vehicles. 8 hours 9.0 ppm 9 ppm Nitrogen Dioxide (NO2) Annual Arithmetic 0.030 ppm 0.053 ppm Motor vehicles, petroleum -refining Mean operations, industrial sources, aircraft, ships, and railroads. 1 hour 0.18 ppm 0.100 ppm Sulfur Dioxide (SO2) Annual Arithmetic 0.030 ppm Fuel combustion, chemical plants, sulfur Mean recovery plants, and metal processing. 1 hour 0.25 ppm 0.075 ppm 24 hours 0.04 ppm 0.14 ppm Respirable Coarse Annual Arithmetic 20 Ng/m3 ` Dust and fume -producing construction, Particulate Matter Mean industrial, and agricultural operations, (PM10) combustion, atmospheric photochemical 24 hours 50 Ng/m3 150 Ng/m3 reactions, and natural activities (e.g., wind - raised dust and ocean sprays). Respirable Fine Annual Arithmetic 12 Ng/m3 12 Ng/m3 Dust and fume -producing construction, Particulate Matter Mean industrial, and agricultural operations, (PMzs)^ combustion, atmospheric photochemical 24 hours 35 Ng/m3 reactions, and natural activities (e.g., wind - raised dust and ocean sprays). 75C-140 *:/:I1-3Ill ira Table 1 Ambient Air Quality Standards for Criteria Pollutants California Federal Primary Pollutant Averaging Time Standard' Standardz Major Pollutant Sources Lead (Pb) 30-Day Average 1.5 Ng/m3 Present source: lead smelters, battery manufacturing & recycling facilities. Past Calendar Quarter * 1.5 Ng/m3 source: combustion of leaded gasoline. Rolling 3-Month * 0.15 Ng/m3 Average Sulfates (SO4P 24 hours 25 Ng/m3 * Industrial processes. Visibility Reducing 8 hours ExCo=0.23/km No Federal Visibility -reducing particles consist of Particles visibility of 10>_ Standard suspended particulate matter, which is a miles complex mixture of tiny particles that consists of dry solid fragments, solid cores with liquid coatings, and small droplets of liquid. These particles vary greatly in shape, size and chemical composition, and ran be made up of many different materials such as metals, soot, soil, dust, and salt. Hydrogen Sulfide 1 hour 0.03 ppm No Federal Hydrogen sulfide (H2S) is a colorless gas with Standard the odor of rotten eggs. It is formed during bacterial decomposition of sulfur -containing organic substances. Also, it can be present in sewer gas and some natural gas, and can be emitted as the result of geothermal energy exploitation. Vinyl Chloride 24 hour 0.01 ppm No Federal Vinyl chloride (chlorcethene), a chlorinated Standard hydrocarbon, is a colorless gas with a mild, sweet odor. Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic and vinyl products. Vinyl chloride has been detected near landfills, sewage plants, and hazardous waste sites, due to microbial breakdown of chlorinated solvents. Source: GARB 2016. Notes: ppm: parts per million; pgrm3: micrograms per cubic meter * Standard has not been established for this pollutant/duration by this entity. 1 Caldomia standards for 03, CO (except 8-hour Lake Tahoe), S02 (1 and 24 hour), NO2, and particulate matter (PMio, PM2.5, and visibility reducing particles), are values that are not to be exceeded. All others are not to be equaled a exceeded. Califemia ambient air quality standards are listed in the Table of Standards in Section 70200 of Title 17 of the California Code of Regulations. 2 National standards (other than 03, PM, and those based on annual arithmetic mean) are not to be exceeded more than once a year. The 03 standard is attained when the fourth highest 8-hour concentration measured at each site in a year, averaged over three years, is equal to or less than the standard. For PMio, the 24-hour standard is attained when the expected number of days per calendar year with a 24-hour average concentration above 150 pg/m3 is equal to a less than one. For PM25, the 244wur standard is attained when 98 percent of the daily concentrations, averaged over three years, are equal to or less than the standard. 3 On October 1, 2015, the national 8-hour ozone primary and secondary standards were lowered from 0.075 to 0.070 ppm. 4 On December 14, 2012, the national annual PM2.5 primary standard was lowered from 15 pg/m3 to 12.0 pghm3. The existing national 24-hour PM25 standards (primary and secondary) were retained at 35 pgl m3, as was the annual secondary standard of 15 pg/m3. The existing 24-hour PMio standards (primary and secondary) of 150 pg1m3 also were retained. The form of the annual primary and secondary standards is the annual mean, averaged over 3 years. 5 On June 2, 2010, a new 1-hour S02 standard was established and the existing 24-hour and annual primary standards were revoked. The 1-hour national standard is in units of parts per billion (ppb). Caldomia standards are in units of parts per million (ppm). To directly compare the 1-hour national standard to the California standard the units can be converted to ppm. In this case, the national standard of 75 ppb is identical to 0.075 ppm. 75C-141 *:/:I1-3111WA California has also adopted a host of other regulations that reduce criteria pollutant emissions, including. ■ AB 1493: Pavley Fuel Efficiency Standards ■ Title 20 California Code of Regulations (CCR): Appliance Energy Efficiency Standards ■ Title 24, Part 6, CCR: Building and Energy Efficiency Standards ■ Title 24, Part 11, CCR: Green Building Standards Code CRITERIA AIR POLLUTANTS The air pollutants emitted into the ambient air by stationary and mobile sources are regulated by federal and state law. Air pollutants are categorized as primary or secondary pollutants. Primary air pollutants are those that are emitted directly from sources. Carbon monoxide (CO), volatile organic compounds (VOC), nitrogen dioxide (NO2), sulfur dioxide (SO2), coarse inhalable particulate matter (PM3o), fine inhalable particulate matter (PMzs), and lead (Pb) are primary air pollutants. Of these, CO, SO2, NO2, PM30, and PM25 are "criteria air pollutants," which means that ambient air quality standards (AAQS) have been established for them. VOC and oxides of nitrogen (NO.) are air pollutant precursors that form secondary criteria pollutants through chemical and photochemical reactions in the atmosphere. Ozone (03) and NO2 are the principal secondary pollutants. A description of each of the primary and secondary criteria air pollutants and their known health effects is presented below. Carbon Monoxide (CO) is a colorless, odorless, toxic gas produced by incomplete combustion of carbon substances, such as gasoline or diesel fuel. CO is a primary criteria au pollutant. CO concentrations tend to be the highest during winter mornings with little to no wind, when surface based inversions trap the pollutant at ground levels. Because CO is emitted directly from internal combustion, engines and motor vehicles operating at slow speeds are the primary source of CO in the SOCAR The highest ambient CO concentrations me generally found near traffic -congested corridors and intersections. The primary adverse health effect associated with CO is interference with normal oxygen transfer to the blood, which may result in tissue oxygen deprivation (SCAQMD 2005; USEPA 2018a). The SoCAB is designated under the California and National AAQS as being in attainment of CO criteria levels (CARB 2017a). Volatile Organic Compounds (VOC) are compounds composed primarily of atoms of hydrogen and carbon. Internal combustion associated with motor vehicle usage is the major source of hydrocarbons. Other sources of VOCs include evaporative emissions associated with the use of paints and solvents, the application of asphalt paving, and the use of household consumer products such as aerosols. There are no ambient au quality standards established for VOCs. However, because they contribute to the formation of ozone (03), SCAQMD has established a significance threshold for this pollutant (SCAQMD 2005). Nitrogen Oxides (NO.) are a byproduct of fuel combustion and contribute to the formation of 03, PM30, and PMzs. The two major forms of NO, are nitric oxide (NO) and nitrogen dioxide (NO2). The principal form of NO2 produced by combustion is NO, but NO reacts with oxygen to form NO2, creating the mixture of NO and NO2 commonly called NO.. NO2 acts as an acute irritant and, in equal concentrations, is more injurious than NO. At atmospheric concentrations, however, NO2 is only potentially irritating. There is some indication of a relationship between NO2 and chronic pulmonary fibrosis. Some increase in bronchitis in children (two and three years old) has also been observed at concentrations below 0.3 part per million (ppm). 75C-142 *:/ : 11-1 h WA NOz absorbs blue light; the result is a brownish -red cast to the atmosphere and reduced visibility. NO is a colorless, odorless gas formed from atmospheric nitrogen and oxygen when combustion takes place under high temperature and/or high pressure (SCAQMD 2005; USEPA 2018a). The SoCAB is designated as an attainment area for NOz under the National AAQS California AAQS (CARB 2017a). Sulfur Dioxide (SO2) is a colorless, pungent, irritating gas formed by the combustion of sulfurous fossil fuels. It enters the atmosphere as a result of burning high -sulfur -content fuel oils and coal and from chemical processes at chemical plants and refineries. Gasoline and natural gas have very low sulfur content and do not release significant quantities of SOz (SCAQMD 2005; USEPA 2018a). When sulfur dioxide forms sulfates (SO4) in the atmosphere, together these pollutants are referred to as sulfur oxides (SOx). Thus, SOz is both a primary and secondary criteria air pollutant. At sufficiently high concentrations, SOz may irritate the upper respiratory tract. At lower concentrations and when combined with particulates, SOz may do greater harm by injuring lung tissue. The SoCAB is designated as attainment under the California and National AAQS (CARB 2017a). Suspended Particulate Matter (PMio and PM2.5) consists of finely divided solids or liquids such as soot, dust, aerosols, fumes, and mists. Two forms of fine particulates are now recognized and regulated. Inhalable coarse particles, or PMto, include the particulate matter with an aerodynamic diameter of 10 microns (i.e., 10 Millionths of a meter or 0.0004 inch) or less. Inhalable fine particles, or PMzs, have an aerodynamic diameter of 2.5 microns (i.e., 2.5 millionths of a meter or 0.0001 inch) or less. Particulate discharge into the atmosphere results primarily from industrial, agricultural, construction, and transportation activities. However, wind action on and landscapes also contributes substantially to local particulate loading (i.e., fugitive dust). Both PMto and PM25 may adversely affect the human respiratory system, especially in people who are naturally sensitive or susceptible to breathing problems (SCAQMD 2005). The US Environmental Protection Agency's (EPA) scientific review concluded that PM25, which penetrates deeply into the lungs, is more likely than PMto to contribute to health effects and at concentrations that extend well below those allowed by the current PMto standards. These health effects include premature death and increased hospital admissions and emergency room visits (primarily the elderly and individuals with cardiopulmonary disease); increased respiratory symptoms and disease (children and individuals with cardiopulmonary disease such as asthma); decreased lung functions (particularly in children and individuals with asthma); and alterations in lung tissue and structure and in respiratory tract defense mechanisms (SCAQMD 2005). There has been emerging evidence that even smaller particulates with an aerodynamic diameter of <0.1 microns of less (i.e., <0.1 millionths of a meter or <0.000004 inch), known as ultrafine particulates (UFPs), have human health implications, because UFPs toxic components may initiate or facilitate biological processes that may lead to adverse effects to the heart, lungs, and other organs (SCAQMD 2016). However, the EPA or CARB have yet to adopt AAQS to regulate these particulates. Diesel particulate matter (DPM) is classified by the CARB as a carcinogen (CARB 1998). Particulate matter can also cause environmental effects such as visibility impairment,' environmental damage,z and aesthetic damage3 r PMz 5 is the main cause of reduced visibility (haze) in pacts of the United States. 2 Particulate matter can be carried over long distances by wind and then settle on ground or water, making lakes and streams acidic; changing the nutrient balance in coastal waters and large river basins; depleting the nutrients in soil; damaging sensitive forests and farm crops; and affecting the diversity of ecosystems. 75C-143 *:/ : 11-1 h WA (SCAQMD 2005; USEPA 2018a). The SoCAB is a nonattamment area for PM25 under California and National AAQS and a nonattamment area for PMio under the California AAQS (CA" 2017a).4 Ozone (03) is commonly referred to as "smog" and is a gas that is formed when VOCs and NO., both by- products of internal combustion engine exhaust, undergo photochemical reactions in the presence of sunlight. 03 is a secondary criteria air pollutant. 03 concentrations are generally highest during the summer months when direct sunlight, light winds, and warm temperatures create favorable conditions for the formation of this pollutant. 03 poses a health threat to those who already suffer from respiratory diseases as well as to healthy people. Breathing 03 can trigger a variety of health problems, including chest pain, coughing, throat irritation, and congestion. It can worsen bronchitis, emphysema, and asthma. Groundlevel 03 also can reduce lung function and inflame the linings of the lungs. Repeated exposure may permanently scar lung tissue. 03 also affects sensitive vegetation and ecosystems, including forests, parks, wildlife refuges, and wilderness areas. In particular, 03 harms sensitive vegetation during the growing season (SCAQMD 2005; USEPA 2018a). The SoCAB is designated as extreme nonattainment under the California AAQS (1-hour and 8-hour) and National AAQS (8-hour) (CARB 2017a). Lead (Pb) is a metal found naturally in the environment as well as in manufactured products. Once taken into the body, lead distributes throughout the body in the blood and accumulates in the bones. Depending on the level of exposure, lead can adversely affect the nervous system, kidney function, immune system, reproductive and developmental systems, and the cardiovascular system. Lead exposure also affects the oxygen -carrying capacity of the blood. The effects of lead most commonly encountered in current populations are neurological effects in children and cardiovascular effects in adults (e.g., high blood pressure and heart disease). Infants and young children are especially sensitive to even low levels of lead, which may contribute to behavioral problems, learning deficits, and lowered IQ (SCAQMD 2005; USEPA 2018a). The major sources of lead emissions have historically been mobile and industrial sources. As a result of the EPAs regulatory efforts to remove lead from gasoline, emissions of lead from the transportation sector dramatically declined by 95 percent between 1980 and 1999, and levels of lead in the air decreased by 94 percent between 1980 and 1999. Today, the highest levels of lead in air are usually found near lead smelters. The major sources of lead emissions today are ore mid metals processing and piston-engune aircraft operating on leaded aviation gasoline. However, in 2008 the EPA and CARB adopted stricter lead standards, and special monitoring sites immediately downwind of lead sources recorded very localized violations of the new state and federal standards.5 As a result of these violations, the Los Angeles County portion of the SoCAB is designated nonattamment under the National AAQS for lead (SCAQMD 2012; CARB 2017a). Because emissions of lead are found only in projects that are permitted by SCAQMD, lead is not a pollutant of concern for the project. 3 Particulate matter can stain and damage stone and other materials, including culturally important objects such as statues and monuments. 4 CARB approved the SCAQMD's request to redesignate the SoCAB from serious nonattainment for PMro to attainment for PMro under the National AAQS on March 25, 2010, because the SoCAB has not violated federal 24-hour PMro standards during the period from 2004 to 2007. In June 2013, the EPA approved the State of California's request to redesignate the PMm nonattainment area to attainment of the PMro National AAQS, effective on July 26, 2013. s Source -oriented monitors record concentrations of lead at leadrelatedindustrial facilities in the SoCAB, which include Exide Technologies in the City of Commerce; Quemetco, Inc., in the City of Industry; Trojan Battery Company in Santa Fe Springs; and Exide Technologies in Vernon. Monitoring conducted between 2004 through 2007 showed that the Trojan Battery Company and Exide Technologies exceed the federal standards (SCAQMD 2012). 75C-144 *:/ : 11-1111 WA TOXIC AIR CONTAMINANTS The public's exposure to air pollutants classified as toxic air contaminants (TACs) is a significant environmental health issue in California. In 1983, the California Legislature enacted a program to identify the health effects of TACs and to reduce exposure to these contaminants to protect the public health. The California Health and Safety Code defines a TAC as "an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health." A substance that is listed as a hazardous au pollutant (HAP) pursuant to Section 112(b) of the federal Clean Air Act (42 United States Code 57412[b]) is a toxic air contaminant. Under state law, the California Environmental Protection Agency (Cal/EPA), acting through GARB, is authorized to identify a substance as a TAC if it determines that the substance is an air pollutant that may cause or contribute to an increase in mortality or to an increase in serious illness, or may pose a present or potential hazard to human health. California regulates TACs primarily through Assembly Bill (AB) 1807 (Tanner Air Toxics Act) and AB 2588 (Air Toxics "Hot Spot" Information and Assessment Act of 1987). The Tanner Air Toxics Act sets forth a formal procedure for CARB to designate substances as TACs. Once a TAC is identified, CARB adopts an "airborne toxics control measure" for sources that emit designated TACs. If there is a safe threshold for a substance (i.e., a point below which there is no toxic effect), the control measure must reduce exposure to below that threshold. If there is no safe threshold, the measure must incorporate toxics best available control technology to minimize emissions. To date, CARB has established formal control measures for 11 TACs, all of which are identified as having no safe threshold. Air toxics from stationary sources are also regulated in California under the An: Toxics "Hot Spot" Information and Assessment Act of 1987. Under AB 2588, toxic au contaminant emissions from individual facilities are quantified and prioritized by the air quality management district or au pollution control district. High priority facilities are required to perform a health risk assessment and, if specific thresholds are exceeded, are required to communicate the results to the public in the form of notices and public meetings. By the last update to the TAC list in December 1999, CARB had designated 244 compounds as TACs (CARB 1999). Additionally, CARB has implemented control measures for a number of compounds that pose high risks and show potential for effective control. The majority of the estimated health risks from TACs can be attributed to relatively few compounds, the most important being particulate matter from dieselfueled engines. Diesel Particulate Matter In 1998, CARB identified particulate emissions from dieselfueledengines (diesel PM) as a TAC. Previously, the individual chemical compounds in diesel exhaust were considered TACs. Almost all diesel exhaust particle mass is 10 microns or less in diameter. Because of their extremely small size, these particles can be inhaled and eventually trapped in the bronchial and alveolar regions of the lung CARB has promulgated the following specific rules to limit TAC emissions: • 13 CCR Chapter 10, Section 2485, Airborne Toxic Control Measure to Limit DieselFueledCommercial Motor Vehicle Idling 75C-145 *:/ :11-3 It WA • 13 CCR Chapter 10, Section 2480, Airborne Toxic Control Measure to Limit School Bus Idling and Idling at Schools • 13 CCR Section 2477 and Article 8, Airborne Toxic Control Measure for InUseDiesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets and Facilities Where TRUs Operate Community Risk In addition, to reduce exposure to TACs, CARB developed and approved the Air Qualify and Lund Use Handbook: A Community Health Perspective (2005) to provide guidance regarding the siting of sensitive land uses in the vicinity of freeways, distribution centers, rail yards, ports, refineries, chrome -plating facilities, dry cleaners, and gasoline -dispensing facilities. This guidance document was developed to assess compatibility and associated health risks when placing sensitive receptors near existing pollution sources. CARB's recommendations on the siting of new sensitive land uses were based on a compilation of recent studies that evaluated data on the adverse health effects from proximity to air pollution sources. The key observation in these studies is that proximity to air pollution sources substantially increases exposure and the potential for adverse health effects. There are three carcinogenic toxic air contaminants that constitute the majority of the known health risks from motor vehicle traffic, DPM from trucks, and benzene and 1,3 butadiene from passenger vehicles. CARB recommendations are based on data that show that localized air pollution exposures can be reduced by as much as 80 percent by following CARB minimum distance separations. Multiple Airborne Toxics Exposure Study (MATES) The Multiple Air Toxics Exposure Study (MATES) is a monitoring and evaluation study on ambient concentrations of TACs and estimated the potential health risks from air toxics in the SOCAB. In 2008, SCAQMD conducted its third update to the MATES study (MATES III). The results showed that the overall risk for excess cancer from a lifetime exposure to ambient levels of air toxics was about 1,200 in a million. The largest contributor to this risk was diesel exhaust, accounting for 84 percent of the cancer risk (SCAQMD 2008a). SCAQMD recently released the fourth update (MATES IV). The results showed that the overall monitored risk for excess cancer from a lifetime exposure to ambient levels of air toxics decreased to approximately 418 in one million. Compared to the 2008 MATES III, monitored excess cancer risks decreased by approximately 65 percent. Approximately 90 percent of the risk is attributed to mobile sources while 10 percent is attributed to TACs from stationary sources, such as refineries, metal processing facilities, gas stations, and chrome plating facilities. The largest contributor to this risk was diesel exhaust, accounting for approximately 68 percent of the air toxics risk Compared to MATES III, MATES 1V found substantial improvement in air quality and associated decrease in air toxics exposure. As a result, the estimated basin -wide population - weighted risk decreased by approximately 57 percent compared to the analysis done for the MATES III time period (SCAQMD 2015a). The Office of Environmental Health Hazard Assessment (OEHHA) updated the guidelines for estimating cancer risks on March 6, 2015. The new method utilizes higher estimates of cancer potency during early life exposures, which result in a higher calculation of risk. There are also differences in the assumptions on 75C-146 *AV : 11-1 h WA breathing rates and length of residential exposures. When combined together, SCAQMD estimates that risks for a given inhalation exposure level will be about 2.7 times higher using the proposed updated methods identified in MATES IV (e.g., 2.7 times higher than 418 in one million overall excess cancer risk) (SCAQMD 2015a). Air Quality Management Planning SCAQMD is the agency responsible for preparing the air quality management plan (AQMP) for the SoCAB in coordination with the Southern California Association of Governments (SCAG). Since 1979, a number of AQMPs have been prepared. 2016 AQMP On March 3, 2017, SCAQMD adopted the 2016 AQMP as an update to the 2012 AQMP The 2016 AQMP addresses strategies and measures to attain the following National AAQS: ■ 2008 National 8-hour ozone standard by 2031, ■ 2012 National annual PMz s standard by 20256, ■ 2006 National 24-hour PMz s standard by 2019, ■ 1997 National 8-hour ozone standard by 2023, and the - 1979 National 1-hour ozone standard by year 2022. It is projected that total NOx emissions in the SoCAB would need to be reduced to 150 tons per day (tpd) by year 2023 and to 100 tpd in year 2031 to meet the 1997 and 2008 federal 8-hour ozone standards. The strategy to meet the 1997 federal 8-hour ozone standard would also lead to attaining the 1979 federal 1-hour ozone standard by year 2022 (SCAQMD 2017), which requires reducing NOx emissions in the SoCAB to 250 tpd. This is approximately 45 percent additional reductions above existing regulations for the 2023 ozone standard and 55 percent additional reductions above existing regulations to meet the 2031 ozone standard. Reducing NOx emissions would also reduce PMz s concentrations in the SoCAB. However, as the goal is to meet the 2012 federal annual PM25 standard no later than year 2025, SCAQMD is seeking to reclassify the SoCAB from "moderate" to "serious" nonattainment under this federal standard. A "moderate" non - attainment would require meeting the 2012 federal standard by no later than 2021 Overall, the 2016 AQMP is composed of stationary and mobile source emission reductions from regulatory control measures, incentivebasedprograms, co -benefits from climate programs, mobile source strategies, and reductions from federal sources such as ancrafts, locomotives, and ocean-going vessels. Strategies outlined in the 2016 AQMP would be implemented in collaboration between CARB and the EPA (SCAQMD 2017). 144.11 Im hi9:8hTjI 644al4,IFIN i[•L6»_V In 2008 EPA designated the Eos Angeles County portion of the SoCAB nonattamment under the federal lead (Pb) classification due to the addition of source -specific monitoring under the new federal regulation. 6 The 2016 AQMP requests a redassification from moderate to serious non -attainment for the 2012 National PMz s standard 75C-147 *:/:I1-3111WA This designation was based on two source -specific monitors in Vernon and the City of Industry exceeding the new standard. The rest of the SoCAB, outside the Los Angeles County nonattamment area remains in attainment of the new standard. On May 24, 2012, CARB approved the SIP revision for the federal lead standard, which the EPA revised in 2008. Lead concentrations in this nonattamment area have been below the level of the federal standard since December 2011. The SIP revision was submitted to EPA for approval. AREA DESIGNATIONS The AQMP provides the framework for air quality basins to achieve attainment of the state and federal ambient au quality standards through the State Implementation Plan (SIP). Areas are classified as attainment or nonattainment areas for particular pollutants, depending on whether they meet ambient air quality standards. Severity classifications for ozone nonattainment range in magnitude from marginal, moderate, and serious to severe and extreme. • Unclassified: a pollutant is designated unclassified if the data are incomplete and do not support a designation of attainment or nonattamir ent. • Attainment: a pollutant is in attainment if the CAAQS for that pollutant was not violated at any site in the area during a three-year period. • Nonattainment: a pollutant is in nonattamment if there was at least one violation of a state AAQS for that pollutant in the area. • Nonattainment/Transitional: a subcategory of the nonattamment designation. An area is designated nonattainment/transitional to signify that the area is close to attaining the AAQS for that pollutant. The attainment status for the SoCAB is shown in Table 2, Attainment Status of Criteria Pollutants in the South Coast Air Basin. The SoCAB is designated in attainment of the California AAQS for sulfates. The SoCAB is designated as nonattainment for lead (Los Angeles County only) under the National AAQS. 75C-148 *AV : 11-1 h WA Table 2 Attainment Status of Criteria Pollutants in the South Coast Air Basin Pollutant State Federal Ozone -l-hour Extreme Nonattainment No Federal Standard Ozone-8-hour Extreme Nonattainment Extreme Nonattainment PM10 Serious Nonattainment Attainment/Maintenanoo PMzs Nonattainment Nonattainment' CO Attainment Attainment NO2 Attainment Attainment/Maintenanre S02 Attainment Attainment Lead Attainment Nonattainment (Los Angeles County onlyy All others Attainment/Unclassified Attainment/Unclassified Source. GARB 2017a. SCAQMG is seeking to reclassify the SoCAB from "moderate" to "serious" nonaftainment under federal PMzs standard. 2 In 2010, the Los Angeles Portion of the SoGAB was designated nonatlainment for lead under the new federal and existing state AAQS as a result of large industrial emitters. Remaining areas in the SoCAB are unclassified. Existing Ambient Air Quality Existing levels of ambient air quality and historical trends and projections in the vicinity of the project site are best documented by measurements taken by the SCAQMD. The project site is in Source Receptor Area (SRA) 17 — Central Orange County. The air quality monitoring station closest to the project site is the La Habra Monitoring Station. This station monitors 03, CO, and NO2. Data for SO2 is supplemented by the Costa MesaMesaVerde Drive Monitoring Station and PM3o and PMzs is supplemented by the Azusa Monitoring Station. The most current five years of data monitored at these monitoring stations are included in Table 3, Ambient Air Quality Monitoring Summary. The data show recurring violations of both the state and federal 03 standards. The data also indicates that the area consistently exceeds the state PM3o standards and federal PM2_5 standard. The lack of data provided for both CO and SO2 does not allow for threshold exccedance conclusions to be made. 75C-149 4:/:I1-3Ill i*a Table 3 Ozone (03) 1 Ambient Air Qualitv Mon Maximum Levels during Such Violations State 1-Hour>_ 0.09 ppm (days exceed threshold) 0 2 1 2 0 State 8-hour >_ 0.07 ppm (days exceed threshold) 0 6 1 4 4 Federal 8-Hour> 0.075 ppm (days exceed threshold) 0 4 1 0 2 Max. i-Hour Conc. (ppm) 0.084 0.111 0.100 0.103 0.90 Max. 8-Hour Conc. (ppm) 0.070 0.081 0.080 0.074 0.076 Carbon Monoxide (CO)I State 8-Hour> 9.0 ppm (days exceed threshold) « Federal 8-Hour>_ 9.0 ppm (days exceed threshold) « « « Max. 8-HourConc. (ppm) * * * « Nitrogen Dioxide (NO211 State 1-Hour>_ 0.18 ppm (days exceed threshold) 0 0 0 0 0 Federal 1-Hour>_ 0.100 ppm (days exceed threshold) 0 0 0 0 0 Max. i-Hour Conc. (ppm) 0.081 0.075 0.059 0.064 0.081 Sulfur Dioxide (SOa I State 24-Hour>_ 0.04 ppm (days exceed threshold) Federal 244Hour>_ 0.14 ppm (days exceed threshold) Max 24-Hour Conc. (ppm) Coarse Particulates (PNIA 1 State 24-Hour> 50 Ng/m3(days exceed threshold) 1 2 2 Federal 24-Hour>150Ng/m3(days exceed threshold) 0 0 0 0 0 Max. 24-Hour Conc. (Ng/m3) 77 84 59 * * Fine Particulates (PM2.6)1 Federal 24-Hour>35Ng/m3(days exceed threshold) 1 4 3 1 7 Max. 24-Hour Conc. (uu/m3) 47.7 46.5 53.8 45.5 56.2 plan: parts per million; parts per billion, pg/m3: micrograms per cubic meter Notes: *Data not available. 1 Data obtained from the Orange— Anaheim -Pampas Lane Station. Sensitive Receptors Some land uses ace considered more sensitive to air pollution than others due to the types of population groups or activities involved. Sensitive population groups include children, the elderly, the acutely ill, and the chronically ill., especially those with cardio-respiratory diseases. Residential areas are also considered to be sensitive receptors to air pollution because residents (including children and the elderly) tend to be at home for extended periods of time, resulting in sustained exposure to any pollutants present. Schools are also considered sensitive receptors, as children are present for extended durations and engage in regular outdoor activities. Recreational land uses are considered moderately sensitive to air pollution. Although exposure periods are generally short, exercise places a high demand on respiratory functions, which can be impaired by air pollution. In addition, noticeable air pollution can detract from the 75C-150 *:/:11-3hWA enjoyment of recreation. Industrial and commercial areas ace considered the least sensitive to air pollution. Exposure periods are relatively short and intermittent, as the majority of the workers tend to stay indoors most of the time. In addition, the working population is generally the healthiest segment of the public Both Raiff Park (Site 1) and 6t1i Street Park (Site 2) are surrounded by residential land uses to the north, south, east, and west of the park sites, resulting in the nearest sensitive receptor distances of 82 feet. Methodology Projected construction related air pollutant emissions are calculated using the California Emissions Estimator Model (CalEEMocI, Version 2016.3.2. CaIEEMod compiles an emissions inventory of construction (fugitive dust, off gas emissions, on road emissions, and off road emissions), area sources, indirect emissions from energy use, mobile sources, indirect emissions from waste disposal (annual only), and indirect emissions from water/wastewater (annual only) use. The calculated emissions of the project are compared to thresholds of significance for individual projects using the SCAQMD's CEQA Air Quality Analysis Guidance Handbook Thresholds of Significance The analysis of the proposed project's air quality impacts follows the guidance and methodologies recommended in SCAQMD's CEQA AirQuakty Handbook and the significance thresholds on SCAQMD's website (SCAQMD 1993)J CEQA allows the significance criteria established by the applicable air quality management or air pollution control district to be used to assess impacts of a project on air quality. SCAQMD has established thresholds of significance for regional air quality emissions for construction activities and project operation. In addition to the daily thresholds listed above, projects are also subject to the AAQS. These are addressed though an analysis of localized CO impacts and localized significance thresholds (LSTS). REGIONAL SIGNIFICANCE THRESHOLDS SCAQMD has adopted regional construction and operational emissions thresholds to determine a project's cumulative impact on air quality in the SOCAB. Table 4, SCAQMD Significance Thresholds, lists SCAQMD's regional significance thresholds that are applicable for all projects uniformly regardless of size or scope. There is growing evidence that although ultrafine particulates contribute a very small portion of the overall atmospheric mass concentration, they represent a greater proportion of the health risk from PM. However, the EPA or CARB have not yet adopted AAQS to regulate ultrafine particulates; therefore, SCAQMD has not developed thresholds for them. 7 SCAQMD's Au Qualify Significance Tbiesholds ao, current as of Mazcb 2015 and can be found here: http://�agrnd.gov/ceqa/hdbLhtn l 75C-151 *:/ : 11-1 h WA Table 4 SCAQMD Significance Thresholds Air Pollutant Construction Phase Operational Phase Reactive Organic Gases (ROGsu Volatile Organic Compounds (VOCs) 75lbs/day 55 Ibs/day Nitrogen Oxides (NOx) 100lbs/day 55lbs/day Carbon Monoxide (CO) 550 Ibs/day 550lbs/day Sulfur Oxides (SOx) 150lbs/day 150 Ibs/day Particulates (PMto) 150lbs/day 150lbs/day Particulates (PM25) 55lbs/day 55lbs/day Source: SCAQMD 2015b. Projects that exceed the regional significance threshold contribute to the nomttainment designation of the SoCAB. The attainment designations are based on the AAQS, which are set at levels of exposure that are determined to not result in adverse health. Exposure to fine particulate pollution and ozone causes myriad health impacts, particularly to the respiratory and cardiovascular systems: ■ Linked to increased cancer risk (PM25, TACs) ■ Aggravates respiratory disease (03, PM,,) ■ Increases bronchitis (03, PM25) ■ Causes chest discomfort, throat iffitation, and increased effort to take a deep breath (03) ■ Reduces resistance to infections and Increases fatigue (03) ■ Reduces lung growth in children (PM25) ■ Contributes to heart disease and heart attacks (PM25) ■ Contributes to premature death (03, PM25) ■ Linked to lower birth weight in newborns (PM25) (SCAQMD 2015c) Exposure to fine particulates and ozone aggravates asthma attacks and can amplify other lung ailments such as emphysema and chronic obstructive pulmonary disease. Exposure to current levels of Pn5 is responsible for an estimated 4,300 cardiopulmonary related deaths per year in the SoCAB. In addition, University of Southern California scientists responsible for a landmark childreiA health study found that lung growth improved as an: pollution declined for children aged 11 to 15 in five communities in the SoCAB (SCAQMD 2015d). Mass emissions in Table 4 are not correlated with concentrations of air pollutants but contribute to the cumulative air quality impacts in the SoCAB. Therefore, regional emissions from a single project do not single-handedly trigger a regional health impact. SCAQMD is the primary agency responsible for ensuring the health and welfare of sensitive individuals to elevated concentrations of au quality in the SoCAB. To achieve the health -based standards established by the EPA, SCAQMD prepares an AQMP that details regional programs to attain the AAQS. 75C-152 *:/:I1-3111ia CO HOTSPOTS Areas of vehicle congestion have the potential to create pockets of CO called hot spots. These pockets have the potential to exceed the state one hour standard of 20 ppm of the eight hour standard of 9 ppm. Because CO is produced in greatest quantities from vehicle combustion and does not readily disperse into the atmosphere, adherence to ambient air quality standards is typically demonstrated through an analysis of localized CO concentrations. Hot spots are typically produced at intersections, where traffic congestion is highest because vehicles queue for longer periods and are subject to reduced speeds. With the turnover of older vehicles, introduction of cleaner fuels, and implementation of control technology on industrial facilities, CO concentrations in the SoCAB and in the state have steadily declined. In 2007, the SoCAB was designated in attainment for CO under both the California AAQS and National AAQS. The CO hot spot analysis conducted for the attainment by SCAQMD for busiest intersections in Los Angeles during the peak morning and afternoon periods plan did not predict a violation of CO standards. 8 As identified in SCAQMD's 2003 AQMP and the 1992 Federal Attainment Plan for Carbon Monoxide (1992 CO Plan), peak carbon monoxide concentrations in the SoCAB in previous years, prior to fedesignation, were a result of unusual meteorological and topographical conditions and not a result of congestion at a particular intersection. Under existing and future vehicle emission rates, a project would have to increase traffic volumes at a single intersection by more than 44,000 vehicles per hour�or 24,000 vehicles per hour where vertical and/or horizontal air does not mix in order to generate a significant CO impact (BAAQMD 2017). LOCALIZED SIGNIFICANCE THRESHOLDS SCAQMD developed LSTs for emissions of NO2, CO, PMto, and PM25 generated at the project site (offsite mobile -source emissions are not included in the LST analysis). LSTs represent the maximum emissions at a project site that are not expected to cause of contribute to an exceedance of the most stringent federal of state AAQS and are shown in Table 5, SCAQMD L ocak.Zed Significance Thresholds. Table 5 SCAQMD Localized Significance Thresholds Air Pollutant (Relevant AAQS) Concentration 1-Hour CO Standard (CAAQS) 20 ppm 8-Hour CO Standard (CAAQS) 9.0 ppm 1-Hour NO2 Standard (CAAQS) 0.18 ppm Annual NO2 Standard (CAAQS) 0.03 ppm 244iour PMio Standard - Construction (SCAQMD)i 10.4 Ng/m3 244iour PM25 Standard - Construction (SCAQMD)i 10.4 Ng/m3 244Hour PMio Standard - Operation (SCAQMD)i 2.5 Ng/m3 2441our PM25 Standard - Operation (SCAQMD)i 2.5 Ng/m3 Souroe: SCAQMD 2015b. ppm — parts per million; pg/m'— micrograms per cubic meter Threshold is based on SCAQMD Rule 403. Since the SoCAB is in nonattainment for PMin and PMzs, the threshold is established man allowable change in concentration. Therefore, background concentration is inesvent 8 The tout intersections weir: Lung Beach Boulevard and Imperial f-lighway; Wilshire Boulevard and Veteran Avenue; Sunset Boulevard and f-lighland Avenue; and La Cienega Boulevard and Century Boulevard. The busiest intersection evaluated (Wilshire and Veteran) had a daily traffic volume of appmsimately 100,000 vehicles per daywith LOS E in the morning peak hour and LOS F in the evening peak hour. 75C-153 *:/:I1-3Ill ira To assist lead agencies, SCAQMD developed screening level ISTs to backcalculatethe mass amount (lbs. per day) of emissions generated onsite that would trigger the levels shown in Table 5 for projects under 5-acres. These "screening level" LSTs tables are the localized significance thresholds for all projects of five acres and less; however, it can be used as screening criteria for larger projects to determine whether or not dispersion modeling may be required to compare concentrations of air pollutants generated by the project to the localized concentrations shown in Table 5. In accordance with SCAQMD's IST methodology, the screening level construction LSTs are based on the acreage disturbed per day based on equipment use. The screening level construction LSTs for the project site in SRA 17 are shown in Table 6, SCAQMD Screening Lewl Conrtruckan L ocak ed Significance Thresholds. Table 6 SCAQMD Screening -Level Construction Localized Significance Thresholds Threshold (lbslday) Carbon Coarse Fine Nitrogen Monoxide Particulates Particulates Acreage Disturbed Oxides NOz CO PMra PM2.5 1.09 Acres Disturbed Per Day 84 1 506 1 4 1 3 1.00 Acres Disturbed Per Day 81 1 485 1 4 1 3 Soume. SCAQMD 20081b, SCAQMD 2011, Based on receptors in SRA 17. LSTs are based on receptors within 82 feet (25 meters). GREENHOUSE GAS EMISSIONS Scientists have concluded that human activities are contributing to global climate change by adding large amounts of beattrappinggases, known as GHG, to the atmosphere. Climate change is the variation of Earth's climate over time, whether due to natural variability or as a result of human activities. The primary source of these GHG is fossil fuel use. The Intergovernmental Panel on Climate Change (IPCC) has identified four major GHG water vapor,9 carbon (CO2), methane (CH4), and ozone (03)—that are the likely cause of an increase in global average temperatures observed within the 20th and 21st centuries. Other GHG identified by the IPCC that contribute to global warming to a lesser extent include nitrous oxide (N20), sulfur hexaflumide (SF6), hydioflumocarbons, perflumocarbons, and chlorofluorocarbons (IPCC 2001).10 The major GHG are briefly described below. ■ Carbon dioxide (CO2) enters the atmosphere through the burning of fossil fuels (oil, natural gas, and coal), solid waste, trees and wood products, and respiration, and also as a result of other chemical 9 Water vapor (H20) is the strongest GHG and the most variable in its Abases (vapor, cloud droplets, ice crystals). However, water vapor is not considered a pollutant, but part of the feedback loop o rather than a primary cause of change. 10 Black carbon contributes to climate change both directly, by absorbing sunlight, and indirectly, by depositing on snow (making it melt faster) and by interacting with clouds and affecting cloud formation Black carbon is the most strongly light -absorbing component of particulate matter (PM) emitted from burning fuels such as coal, diesel, and biomass. Reducing black carbon emissions globally can have immediate economic, climate, and public health benefits. California has been an international leader in reducing emissions of black carbon, with close to 95 percent control expected by 2020 due to existing programs that target reducing PM from diesel engines and burning activities (CARB 2017b). However, state and national GHG inventories do not yet include black carbon due to ongoing work resolving the precise global warming potential of black carbon. Guidance for CEQA documents does not yet include black carbon. 75C-154 *:/ : 11-1 h WA reactions (e.g. manufacture of cement). Carbon dioxide is removed from the atmosphere (sequestered) when it is absorbed by plants as part of the biological carbon cycle. Methane (CHa) is emitted during the production and transport of coal, natural gas, and oil. Methane emissions also result from livestock and other agricultural practices and from the decay of organic waste in municipal landfills and water treatment facilities. ■ Nitrous oxide (N20) is emitted during agricultural and industrial activities as well as during combustion of fossil fuels and solid waste. ■ Fluorinated gases are synthetic, strong GHGs that are emitted from a variety of industrial processes. Fluorinated gases are sometimes used as substitutes for ozone -depleting substances. These gases are typically emitted m smaller quantities, but because they are potent GHGs, they are sometimes referred to as high global -warming- potential (GWP) gases. • Chlorofluorocarbons (CFCs) are GHGs covered under the 1987 Montreal Protocol and used for refrigeration, air conditioning, packaging, insulation, solvents, or aerosol propellants. Since they are not destroyed in the lower atmosphere (troposphere, stratosphere), CFCs drift into the upper atmosphere where, given suitable conditions, they break down ozone. These gases are also ozone - depleting gases and are therefore being replaced by other compounds that are GHGs covered under the Kyoto Protocol. • Perfluorocarbons (PFCs) are a group of humanmadechemicals composed of carbon and fluorine only. These chemicals (predominantly perfluoromethane [CF4] and perflumoethane [C2F6]) were introduced as alternatives, along with HFCs, to the ozone -depleting substances. In addition, PFCs are emitted as by-products of industrial processes and are used in manufacturing. PFCs do not harm the stratospheric ozone layer, but they have a high global warming potential. • Sulfur Hexafluon&e (SF6) is a colorless gas soluble in alcohol and ether, slightly soluble in water. SF6 is a strong GHG used primarily in electrical transmission and distribution systems as an insulator. HydrocAloroflucrocarhons (HCFCs) contain hydrogen, fluorine, chlorine, and carbon atoms. Although ozone depleting substances, they are less potent at destroying stratospheric ozone than CFCs. They have been introduced as temporary replacements for CFCs and are also GHGs. • Hydrofluorocarbons (HFCs) contain only hydrogen, fluorine, and carbon atoms. They were introduced as alternatives to ozone -depleting substances to serve many industrial, commercial, and personal needs. HFCs are emitted as by-products of industrial processes and are also used in manufacturing. They do not significantly deplete the stratospheric ozone layer, but they are strong GHGs (IPCC 2001; USEPA 2018b). GHGs are dependent on the lifetime or persistence of the gas molecule in the atmosphere. Some GHGs have stronger greenhouse effects than others. These are referred to as high GWP gases. The GWP of GHG emissions are shown in Table 7, GHG Emissions and Their Relative Global lVarming Potential CoVared to COZ. The 75C-155 *:/ :11-3 It WA GWP is used to convert GHGs to CO2-equivalence (CO2C) to show the relative potential that different GHGs have to retain infrared radiation in the atmosphere and contribute to the greenhouse effect. For example, under IPCC's Fourth Assessment Report (AR4) GWP values for CH4, a project that generates 10 metric tons (NIT) of CH4 would be equivalent to 250 MT of CO2.11 Table 8 GHG Emissions and Their Relative Global Warmina Potential Compared to CO2 GHGs Second Assessment Report Atmospheric Lifetime ears Fourth Assessment Report Atmospheric Lifetime ears Second Assessment Report Global Warming Potential Relative to CO2' Fourth Assessment Report Global Warming Potential Relative to CO21 Carbon Dioxide (CO2) 50 to 200 50 to 200 1 1 Methane2 (CH4) 12 (±3) 12 21 25 Nitrous Oxide (Nz0) 120 114 310 298 Hydrofluorocarbons: HFC-23 264 270 11,700 14,800 HFC-32 5.6 4.9 650 675 HFC-125 32.6 29 2,800 3,500 HFC-134a 14.6 14 1,300 1,430 HFC-143a 48.3 52 3,800 4,470 HFC-152a 1.5 1.4 140 124 HFC-227ea 36.5 34.2 2,900 3,220 HFC-236fa 209 240 6,300 9,810 HFC4310mee 17.1 15.9 1,300 1,030 Peduoromethane: CF4 50,000 50,000 6,500 7,390 Peduoroethane: C2F6 10,000 10,000 9,200 12,200 Peduorobutane: C4Fi0 2,600 NA 7,000 8,860 Peduoro-2- methylpentane: C6F14 3,200 NA 7,400 9,300 Sulfur Hexafluorlde(SF6) 3,200 NA 23,900 22,800 Sour. IPGG lWb; IPGG 2UU1. Notes: The GWP values in the IPCC's Fifth Assessment Report (2013) reflect new information on atmospheric lifetimes of GHGs and an improved calculation of the radiative forcing of CO2. Hoy ever, SCAQMD uses the AR4 GWP values to maintain consistency in statewide GHG emissions modeling. In addition, the 2014 Scoping Plan Update was based on the AR4 GWP values. ' Based on 100-year time horizon of the GWP of the air pollutant relative to CO2. 2 The methane GWP includes direct effects and indirect effects due to the production of tropospher ic ozone and stratospheric water vapor. The indirect effect due to the production of CO2 is not included. California's Greenhouse Gas Sources and Relative Contribution In 2018, the statewide GHG emissions inventory was updated for 2000 to 2016 emissions using the GWPs in IPCC's AR4.12 Based on these GWPs, California produced 429.4 MNYTCO2e GHG emissions in 2016. California's transportation sector was the single largest generator of GHG emissions, producing 40.5 percent of the state's total emissions. Industrial sector emissions made up 23.4 percent, and electric power generation made up 16.1 percent of the state's emissions inventory. Other major sectors of GHG emissions include 12 Methodology for determining the statewide GHG inventory is not the same as the methodology used to determine statewide GHG emissions under Assembly Bill 32 (2006). 75C-156 *:/:I1-3111WA commercial and residential (12.0 percent), agriculture and forestry (7.9 percent) and other (solvents and chemicals at 0.2 percent), (GARB 2018b). California's GHG emissions have followed a declining trend since 2007. In 2016, emissions from routine GHG emitting activities statewide were 429 MMTCOze, 12 AIWCOze lower than 2015 levels or 12 MMfCO2e lower than 2015 levels. This represents an overall decrease of 13 percent since peak levels in 2004 and 2 MMTCOze below the 1990 level and the states 2020 GHG target. During the 2000 to 2016 period, per capita GHG emissions in California have continued to drop from a peak in 2001 of 14.0 MI'COze per capita to 10.8 MTCOze per capita in 2016, a 23 percent decrease. Overall trends in the inventory also demonstrate that the carbon intensity of California's economy (the amount of carbon pollution per million dollars of gross domestic product (GDP)) is declining, representing a 38 percent decline since the 2001 peak, while the state's GDP has grown 41 percent during this period (GARB 2018c). Regulatory Settings REGULATION OF GHG EMISSIONS ON A NATIONAL LEVEL The U.S. Environmental Protection Agency (EPA) announced on December 7, 2009, that GHG emissions threaten the public health and welfare of the American people and that GHG emissions from on -road vehicles contribute to that threat. The EPNs final findings respond to the 2007 U.S. Supreme Court decision that GHG emissions fit within the Clean Air Act definition of air pollutants. The findings do not in and of themselves impose any emission reduction requirements, but allow the EPA to finalize the GHG standards proposed in 2009 for new light -duty vehicles as part of the joint rlemaking with the Department of Transportation (USEPA 2009). To regulate GHGs from passenger vehicles, EPA was required to issue an endangerment finding. The finding identifies emissions of six key GHGs COz, C144, N20, hydrofluorocarbons, perfluorocarbons, and SF6 that have been the subject of scrutiny and intense analysis for decades by scientists in the United States and around the world. The fast throe are applicable to the project's GHG emissions inventory because they constitute the majority of GHG emissions and, per South Coast Air Quality Management District guidance, are the GHG emissions that should be evaluated as part of a project's GHG emissions inventory. US Mandatory Report Rule for GHGs (2009) In response to the endangerment finding, the EPA issued the Mandatory Reporting of GHG Rule that requires substantial emitters of GHG emissions (large stationary sources, etc) to report GHG emissions data. Facilities that emit 25,000 MT or more of COz per year are required to submit an annual report. Update to Corporate Average Fuel Economy Standards (2010/2012) The current Corporate Average Fuel Economy standards (for model years 2011 to 2016) incorporate stricter fuel economy requirements promulgated by the federal government and California into one uniform standard. Additionally, automakers are required to cut GHG emissions in new vehicles by roughly 25 percent by 2016 (resulting m a fleet average of 35.5 miles per gallon by 2016). Rulemaking to adopt these new 75C-157 *:/:I1-3111WA standards was completed in 2010. California agreed to allow automakers who show compliance with the national program to also be deemed in compliance with state requirements. The federal government issued new standards in 2012 for model years 2017-2025 that will require a fleet average of 54.5 miles per gallon in 2025. However, the EPA is reexamining the 2017-2025 emissions standards. EPA Regulation of Stationary Sources under the Clean Air Act (Ongoing) Pursuant to its authority under the Clean Air Act, the EPA has been developing regulations for new stationary sources such as power plants, refineries, and other large sources of emissions. Pursuant to former President Obama's 2013 Climate Action Plan, the EPA was directed to develop regulations for existing stationary sources also. However, the EPA is reviewing the Clean Power Plan under President Trump's Energy Independence Executive Order. REGULATION OF GHG EMISSIONS ON A STATE LEVEL Current State of California guidance and goals for reductions in GHG emissions are generally embodied in Executive Order S-3-05, Executive Order B-30-15, Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32) and Senate Bill 375 (SB 375). Executive Order S-3-05 Executive Order S-3-05, signed June 1, 2005. Executive Order S-3-05 set the following GHG reduction targets for the State: ■ 20001evels by 2010 ■ 1990 levels by 2020 - 80 percent below 1990 levels by 2050 Assembly Bill 32, the Global Warning Solutions Act (2006) Current State of California guidance and goals for reductions in GHG emissions are generally embodied in AB 32. AB 32 was passed by the California state legislature on August 31, 2006, to place the state on a course toward reducing its contribution of GHG emissions. AB 32 follows the 2020 tier of emissions reduction targets established in Executive Order S-03-05. CARB 2008 Scoping Plan The final Scoping Plan was adopted by CARB on December 11, 2008. The 2008 Scal ing Plan ident fied that GHG emissions in California are anticipated to be approximately 596 AIWCO2e in 2020. In December 2007, CARB approved a 2020 emissions limit of 427 MMTCOze (471 million tons) for the state (CARB 2008). In order to effectively implement the emissions cap, AB 32 directed CARB to establish a mandatory reporting system to track and monitor GHG emissions levels for large stationary sources that generate more than 25,000 MTCO2e per year, prepare a plan demonstrating how the 2020 deadline can be met, and develop appropriate regulations and programs to implement the plan by 2012. 75C-158 *:/:I1-3Ill WA First Update to the Scoping Plan CARB completed a five-year update to the 2008 Scoping Plan, as required by AB 32. The First Update to the Scoping Plan was adopted at the May 22, 2014, board hearing. The update highlights California's progress toward meeting the near term 2020 GHG emission reduction goals defined in the original 2008 Scoping Plan. As part of the update, CARB recalculated the 1990 GHG emission levels with the updated AR4 GWPs, and the 427 MMTCO2e 1990 emissions level and 2020 GHG emissions limit, established in response to AB 32, is slightly higher at 431 MMTCO2e (CARB 2014). As identified in the Update to the Scoping Plan, California is on track to meeting the goals of AB 32. However, the update also addresses the state's longertermGHG goals within a post2020element. The post- 2020 element provides a high level view of a long-term strategy for meeting the 2050 GHG goals, including a recommendation for the state to adopt a midterm target. According to the Update to the Scoping Plan, local government reduction targets should chart a reduction trajectory that is consistent with or exceeds the trajectory created by statewide goals (CARB 2014). CARB identified that reducing emissions to 80 percent below 1990 levels will require a fundamental shift to efficient, clean energy in every sector of the economy. Progressing toward California's 2050 climate targets will require significant acceleration of GHG reduction rates. Emissions from 2020 to 2050 will have to decline several times faster than the rate needed to reach the 2020 emissions limit (CARB 2014). Executive Order B-30-15 Executive Order B-30-15, signed April 29, 2015, sets a goal of reducing GHG emissions in the state to 40 percent of 1990 levels by year 2030. Executive Order B-30-15 also directs CARB to update the Scoping Plan to quantify the 2030 GHG reduction goal for the state and requires state agencies to implement measures to meet the interim 2030 goal as well as the long-term goal for 2050 in Executive Order S-03-05. It also requires the Natural Resources Agency to conduct triennial updates of the California adaption strategy, Safeguarding California, in order to ensure climate change is accounted for in state planning and investment decisions. Senate Bill 32 and Assembly Bill 197 In September 2016, Governor Brown signed SB 32 and AB 197 into law, making the Executive Order goal for year 2030 into a statewide mandated legislative target. AB 197 established a joint legislative committee on climate change policies and requires the CARB to prioritize direction emissions reductions rather than the market -based cap -and -trade program for large stationary, mobile, and other sources. 2017 Climate Change Scoping Plan Update Executive Order B-30-15 and SB 32 required CARB to prepare another update to the Scoping Plan to address the 2030 target for the state. On December 24, 2017, CARB adopted the 2017 Climate Change Scoping Plan Update, which outlines potential regulations and programs, including strategies consistent with AB 197 requirements, to achieve the 2030 target. The 2017 Scoping Plan establishes a new emissions limit of 260 MMTCO2e for the year 2030, which corresponds to a 40 percent decrease in 1990 levels by 2030 (GARB 2017c). 75C-159 *:/ : 11-1 h WA California's climate strategy will require contributions from all sectors of the economy, including enhanced focus on zero- and near -zero emission (ZE/NZE) vehicle technologies; continued investment in renewables, such as solar roofs, wind, and other types of distributed generation; greater use of low carbon fuels; integrated land conservation and development strategies; coordinated efforts to reduce emissions of short- lived climate pollutants (methane, black carbon, and fluorinated gases); and an increased focus on integrated land use planning, to support livable, transit -connected communities and conservation of agricultural and other lands. Requirements for GHG reductions at stationary sources complement local air pollution control efforts by the local air districts to tighten criteria air pollutants and TACs emissions limits on a broad spectrum of industrial sources. Major elements of the 2017 Scoping Plan framework include: • Implementing and/or increasing the standards of the Mobile Source Strategy, which include increasing ZEV buses and trucks; • Low Carbon Fuel Standard (LCFS), with an increased stringency (18 percent by 2030). • Implementation of SB 350, which expands the Renewables Portfolio Standard (RPS) to 50 percent RPS and doubles energy efficiency savings by 2030. • California Sustainable Freight Action Plan, which improves freight system efficiency, utilizes near zero emissions technology, and deployment of ZEV trucks. • Implementing the proposed ShortLivedClimate Pollutant Strategy (SLPS), which focuses on reducing methane and hydroflurocarbon emissions by 40 percent and anthropogenic black carbon emissions by 50 percent by year 2030. • Post-2020 Cap -and -Trade Program that includes declining caps. • Continued implementation of SB 375. • Development of a Natural and Working Lands Action Plan to secure California's land base as a net carbon sink In addition to the statewide strategies listed above, the 2017 Climate Change Scoping Plan also identified local governments as essential partners in achieving the State's long-term GHG reduction goals and identified local actions to reduce GHG emissions. As part of the recommended actions, CARB recommends statewide targets of no more than 6 MTCOze or less per capita by 2030 and 2 MTCOze or less per capita by 2050. CARB recommends that local governments evaluate and adopt robust and quantitative locallyappropriate goals that align with the statewide per capita targets and the State's sustainable development objectives and develop plans to achieve the local goals. The statewide per capita goals were developed by applying the percent reductions necessary to reach the 2030 and 2050 climate goals (i.e., 40 percent and 80 percent, respectively) to the State's 1990 emissions limit established under AB 32. For CEQA projects, CARB states that lead agencies have discretion to develop evidenced based numeric thresholds (mass emissions, per capita, or per service population —consistent with the Scoping Plan and the states long-term GHG goals. To the 75C-160 *:/ : 11-1 h WA degree a project relies on GHG mitigation measures, CARB recommends that lead agencies prioritize on site design features that reduce emissions, especially from VMf, and direct investments in GHG reductions within the project's region that contribute potential air quality, health, and economic co -benefits. Where further project design or regional investments are infeasible of not proven to be effective, CARB recommends mitigating potential GHG impacts through purchasing and retiring carbon credits. The Scoping Plan scenario is set against what is called the business -as -usual (BA" yardstick that is, what would the GHG emissions look like if the State did nothing at all beyond the existing policies that are required and already in place to achieve the 2020 limit, as shown in Table 8, 2017 Climate Change Scoping Plan Emissions Deductions Gap. It includes the existing renewables requirements, advanced clean cars, the "10 percent" Low Carbon Fuel Standard (LCFS), and the SB 375 program for more vibrant communities, among others. However, it does not include a range of new policies of measures that have been developed of put into statute over the past two years. Also shown in the table, the known commitments are expected to result in emissions that are 60 MMTCO2e above the target in 2030. If the estimated GHG reductions from the known commitments are not realized due to delays in implementation or technology deployment, the post - 2020 Cap -and -Trade Program would deliver the additional GHG reductions in the sectors it covers to ensure the 2030 target is achieved. Table 8 2017 Climate Chanae Scopina Plan Emissions Reductions Gap Modeling Scenario 2030 GHG Emissions MMTCO2e Reference Scenario (Businesses -Usual) 389 With Known Commitments 320 2030 GHG Target 260 Gap to 2030 Target 60 Source: CARB 2017c. Table 9, 2017 Climate Change Scoping Plan Emissions Change by Sector, provides estimated GHG emissions by sector, compared to 1990 levels, and the range of GHG emissions for each sector estimated for 2030. Table 9 2017 Climate Chanae Scopina Plan Emissions Chanae by Sector Scoping Plan Sector 1990 MMTCO2e 2030 Proposed Plan Ranges MMTCO2e % Change from 1990 Agricultural 26 24-25 -8%to 4% Residential and Commercial 44 3840 -14%to -9% Electric Power 108 30-53 -72%to51% High GWP 3 8-11 267%to 367% Industrial 98 83-90 -15%to-8% Recycling and Waste 7 8-9 14%to 29% Transportation (including TCU) 152 103-111 -32%to-27% Net Sink' -7 TBD TBD Sub Total 431 294-339 -32%to-21% Cap -and -Trade Program NA 24-79 NA 75C-161 *:/ : 11-1 h WA Table 9 2017 Climate Chanae ScoDina Plan Emissions Chanae by Sector Total 1 431 1 260 1 40% Notes: TCU = Transportation, Communications, and Utilibes, TBD: To Be Determined. Work is underAay through 2017 to estimate the range of potential sequestrabon benefits from the natural and mrking lands sector. Senate Bill 1383 On September 19, 2016, the Governor signed SB 1383 to supplement the GHG reduction strategies in the Scoping Plan to consider short-lived climate pollutants, including black carbon and C144. Black carbon is the lightabsorbingcomponent of fine particulate matter produced during incomplete combustion of fuels. SB 1383 requires the state board, no later than January 1, 2018, to approve and begin implementing that comprehensive strategy to reduce emissions of short-lived climate pollutants to achieve a reduction in methane by 40 percent, hydrofluorocarbon gases by 40 percent, and anthropogenic black carbon by 50 percent below 2013 levels by 2030, as specified. The bill also establishes targets for reducing organic waste in landfill. On March 14, 2017, CARB adopted the "Final Proposed Short -Lived Climate Pollutant Reduction Strategy," which identifies the state's approach to reducing anthropogenic and biogenic sources of short-lived climate pollutants. Anthropogenic sources of black carbon include on- and off road transportation, residential wood burning, fuel combustion (charbroilmg), and industrial processes. According to CARB, ambient levels of black carbon in California are 90 percent lower than in the early 1960s despite the tripling of diesel fuel use (GARB 2017b). Inuseon road rules are expected to reduce black carbon emissions from on road sources by 80 percent between 2000 and 2020. SCAQMD is one of the air districts that requires air pollution control technologies for chain -driven broilers, which reduces particulate emissions from these char broilers by over 80 percent (CARB 2017b). Additionally, SCAQMD Rule 445 limits installation of new fireplaces in the SoCAB. Senate Bill 375 In 2008, SB 375, the Sustainable Communities and Climate Protection Act, was adopted to connect the GHG emissions reductions targets established in the 2008 Scoping Plan for the transportation sector to local land use decisions that affect travel behavior. Its intent is to reduce GHG emissions from lightdutytrucks and automobiles (excludes emissions associated with goods movement) by aligning regional long-range transportation plans, investments, and housing allocations to local land use planning to reduce VMT and vehicle trips. Specifically, SB 375 required CARB to establish GHG emissions reduction targets for each of the 18 metropolitan planning organizations (MPOs). The Southern California Association of Governments (SCAG) is the MPO for the Southern California region, which includes the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. Pursuant to the recommendations of the Regional Transportation Advisory Committee, CARB adopted per capita reduction targets for each of the MPOs rather than a total magnitude reduction target. SCAG's targets are an 8 percent per capita reduction from 2005 GHG emission levels by 2020 and a 13 percent per capita reduction from 2005 GHG emission levels by 2035 (CARB 2010). The 2020 targets are smaller than the 2035 75C-162 *:/ : 11-1 h WA targets because a significant portion of the built environment in 2020 has been defined by decisions that have aheady been made. In general, the 2020 scenarios reflect that more time is needed for large land use and transportation infrastructure changes. Most of the reductions in the interim are anticipated to come from improving the efficiency of the region's transportation network The targets would result in 3 MMTCOze of reductions by 2020 and 15 MMTCOze of reductions by 2035. Based on these reductions, the passenger vehicle target in CARB's Scoping Plan (for AB 32) would be met (CARB 2010). 2017 Update to the SB 375 Targets CARB is required to update the targets for the MPOs every eight years. In June 2017, CARB released updated targets and technical methodology and recently released another update in February 2018. The updated targets consider the need to further reduce VM'I', as identified in the 2017 Scoping Plan Update, while balancing the need for additional and more flexible revenue sources to incentivize positive planning and action toward sustainable communities. Like the 2010 targets, the updated SB 375 targets are in units of percent per capita reduction in GHG emissions from automobiles and light trucks relative to 2005. This excludes reductions anticipated from implementation of state technology and fuels strategies and any potential future state strategies such as statewide road user pricing. The proposed targets call for greater per capita GHG emission reductions from SB 375 than are currently in place, which for 2035, translate into proposed targets that either match or exceed the emission reduction levels in the MPOs' currently adopted SCSs. As proposed, CARB staff's proposed targets would result in an additional reduction of over 8 MMTCOze in 2035 compared to the current targets. For the next round of SCS updates, CARB's updated targets for the SCAG region are an 8 percent per capita GHG reduction in 2020 from 2005 levels (unchanged from the 2010 target) and a 19 percent per capita GHG reduction in 2035 from 2005 levels (compared to the 2010 target of 13 percent) (GARB 2018b). CARB adopted the updated targets and methodology on March 22, 2018. All SCSs adopted after October 1, 2018 are subject to these new targets. SCAG's 2016-2040 RTP/SCS SB 375 requires each MPO to prepare an SCS in their regional transportation plan. For the SCAG region, the 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) was adopted on April 7, 2016, and is an update to the 2012 RTP/SCS (SCAG 2016). In general, the SCS outlines a development pattern for the region, which, when integrated with the transportation network and other transportation measures and policies, would reduce vehicle miles traveled from automobiles and light duty trucks and thereby reduce GHG emissions from these sources. The 2016-2040 RTP/SCS projects that the SCAG region will meet or exceed the passenger per capita targets set in 2010 by CARB. It is projected that VMT per capita in the region for year 2040 would be reduced by 7.4 percent with implementation of the 2016-2040 RTP/SCS compared to a no -plan year 2040 scenario. Under the 2016-2040 RTP/SCS, SCAG anticipates lowering GHG emissions 8 percent below 2005 levels by 2020, 18 percent by 2035, and 21 percent by 2040. The 18 percent reduction by 2035 over 2005 levels represents a 2 percent increase in reduction compared to the 2012 RTP/SCS projection. Overall, the SCS is meant to provide growth strategies that will achieve the aforementioned regional GHG emissions reduction targets. Land use strategies to achieve the regimA targets include planning for new growth around high quality transit 75C-163 *:/:I1-3Ill WA areas and livable corridors, and creating neighborhood mobility areas to integrate land use and transportation and plan for more active lifestyles (SCAG 2016). However, the SCS does not require that local general plans, specific plans, or zoning be consistent with the SCS; instead, it provides incentives to governments and developers for consistency. Assembly Bill 1493 California vehicle GHG emission standards were enacted under AB 1493 (Pavley I). Pavley I is a clean -car standard that reduces GHG emissions from new passenger vehicles (lightdutyauto to medium duty vehicles) from 2009 through 2016 and was anticipated to reduce GHG emissions from new passenger vehicles by 30 percent in 2016. California implements the Pavley I standards through a waiver granted to California by the EPA. In 2012, the EPA issued a Final Rulemaking that sets even more stringent fuel economy and GHG emissions standards for model year 2017 through 2025 lightdutyvehicles (sce also the discussion on the update to the Corporate Average Fuel Economy standards under FederalL Yis, above). In January 2012, CARB approved the Advanced Clean Cars program (formerly known as Pavley II) for model years 2017 through 2025. The program combines the control of smog, soot, and global warming gases and requirements for greater numbers of zero -emission vehicles into a single package of standards. Under California's Advanced Clean Car program, by 2025, new automobiles will emit 34 percent fewer global warming gases and 75 percent fewer smog forming emissions. Executive Order S-01-07 On January 18, 2007, the state set a new LCFS for transportation fuels sold in the state. Executive Order S-01-07 sets a declining standard for GHG emissions measured m carbon dioxide equivalent gram per unit of fuel energy sold in California. The LCFS requires a reduction of 2.5 percent in the carbon intensity of California's transportation fuels by 2015 and a reduction of at least 10 percent by 2020. The standard applies to refiners, blenders, producers, and importers of transportation fuels, and would use market -based mechanisms to allow these providers to choose how they reduce emissions during the "fuel cycle" using the most economically feasible methods. Senate Bills 1078,107, X1-2, and Executive Order S-14-08 A major component of California's Renewable Energy Program is the RPS established under Senate Bills 1078 (Sher) and 107 (Simitian). Under the RPS, certain retail sellers of electricity were required to increase the amount of renewable energy each year by at least 1 percent in order to reach at least 20 percent by December 30, 2010. Executive Order S-14-08 was signed in November 2008, which expanded the state's Renewable Energy Standard to 33 percent renewable power by 2020. This standard was adopted by the legislature in 2011 (SB XI-2). Renewable sources of electricity include wind, small hydropower, solar, geothermal, biomass, and biogas. The increase in renewable sources for electricity production will decrease indirect GHG emissions from development projects, because electricity production from renewable sources is generally considered carbon neutral. Senate Bill 350 Senate Bill 350 (de Leon), was signed into law in September 2015. SB 350 establishes tiered increases to the RPS of 40 percent by 2024, 45 percent by 2027, and 50 percent by 2030. SB 350 also set a new goal to double 75C-164 *:/ :11-3 It WA the energy efficiency savings in electricity and natural gas through energy efficiency and conservation measures. Executive Order B-16-2012 On March 23, 2012, the state identified that CARB, the California Energy Commission (CEC), the Public Utilities Commission, and other relevant agencies worked with the Plug-in Electric Vehicle Collaborative and the California Fuel Cell Partnership to establish benchmarks to accommodate zero -emissions vehicles in major metropolitan areas, including infrastructure to support them (e.g., electric vehicle charging stations). The executive order also directs the number of zero -emission vehicles in California's state vehicle fleet to increase through the normal course of fleet replacement so that at least 10 percent of fleet purchases of lightdutyvehicles are zero -emission by 2015 and at least 25 percent by 2020. The executive order also establishes a target for the transportation sector of reducing GHG emissions from the transportation sector 80 percent below 1990 levels. California Building Code: Building Energy Efficiency Standards Energy conservation standards for new residential and non-residential buildings were adopted by the California Energy Resources Conservation and Development Commission (now the CEC) in June 1977 and most recently revised in 2016 (Title 24, Part 6, of the California Code of Regulations [CCR]). Title 24 requires the design of building shells and building components to conserve energy. The standards are updated periodically to allow for consideration and possible incorporation of new energy efficiency technologies and methods. On June 10, 2015, the CEC adopted the 2016 Building Energy Efficiency Standards, which went into effect on January 1, 2017. The 2016 Standards continues to improve upon the previous 2013 Standards for new construction of, and additions and alterations to, residential and nonresidential buildings. Under the 2016 Standards, residential and nonresidential buildings are 28 and 5 percent more energy efficient than the 2013 Standards, respectively (CEC 2015a). Buildings that are constructed in accordance with the 2013 Building Energy Efficiency Standards are 25 percent (residential) to 30 percent (nonresidential) more energy efficient than the prior 2008 standards as a result of better windows, insulation, lighting, ventilation systems, and other features. While the 2016 standards do not achieve zero net energy, they do get very close to the state's goal and make important steps toward changing residential building practices in California. The 2019 standards will take the final step to achieve zero net energy for newly constructed residential buildings throughout California (CEC 2015b). The 2019 standards move towards cutting energy use in new homes by more than 50 percent and will require installation of solar photovoltaic systems for single-family homes and multi -family buildings of 3 stories and less. Four key areas the 2019 standards will focus on include 1) smart residential photovoltaic systems; 2) updated thermal envelope standards (preventing heat transfer from the interior to exterior and vice versa); 3) residential and nonresidential ventilation requirements; 4) and nonresidential lighting requirements (CEC 2018a). Under the 2019 standards, nonresidential buildings will be 30 percent more energy efficient compared to the 2016 standards while single-family homes will be 7 percent more energy efficient (CEC 2018b). When accounting for the electricity generated by the solar photovoltaic system, single-family homes would use 53 percent less energy compared to homes built to the 2016 standards (CEC 2018b). 75C-165 *:/:I1-3Ill WA California Building Code: CALGreen On July 17, 2008, the California Building Standards Commission adopted the nation's first green building standards. The California Green Building Standards Code (24 CCR, Part 11, known as "CALGreen') was adopted as part of the California Building Standards Code. CALGreen established planning and design standards for sustainable site development, energy efficiency (in excess of the California Energy Code requirements), water conservation, material conservation, and internal air contammants.13 The mandatory provisions of CALGreen became effective January 1, 2011, and were last updated in 2016. The 2016 CALGreen became effective on January 1, 2017. 2006 Appliance Efficiency Regulations The 2006 Appliance Efficiency Regulations (20 CCR 551601-1608) were adopted by the CEC on October 11, 2006, and approved by the California Office of Administrative Law on December 14, 2006. The regulations include standards for both federally regulated appliances and non federally regulated appliances. Though these regulations are now often viewed as "business as usual," they exceed the standards imposed by all other states, and they reduce GHG emissions by reducing energy demand. Solid Waste Regulations California's Integrated Waste Management Act of 1989 (AB 939; Public Resources Code 44 40050 et seq) set a requirement for cities and counties throughout the state to divert 50 percent of all solid waste from landfills by January 1, 2000, through source reduction, recycling, and composting. In 2008, the requirements were modified to reflect a per capita requirement rather than tonnage. To help achieve this, the act requires that each city and county prepare and submit a source reduction and recycling element. AB 939 also established the goal for all California counties to provide at least 15 years of ongoing landfill capacity. AB 341 (Chapter 476, Statutes of 2011) increased the statewide goal for waste diversion to 75 percent by 2020 and requires recycling of waste from commercial and multifamily residential land uses. The California Solid Waste Reuse and Recycling Access Act (AB 1327; Public Resources Code 44 42900 et seq.) requires areas to be set aside for collecting and loading recyclable materials in development projects. The act required the California Integrated Waste Management Board to develop a model ordinance for adoption by any local agency requiring adequate areas for collection and loading of recyclable materials as part of development projects. Local agencies are required to adopt the model of an ordinance of their own. Section 5.408 of the 2016 CALGreen also requires that at least 65 percent of the nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for feuse. In October of 2014 Governor Brown signed AB 1826, requiring businesses to fecycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week. This law also fequires that on and after January 1, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that 13 The green building standards became mandatory in the 2010 edition of the code. 75C-166 *:/ :11-3 It WA consist of five or more units. Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and foodsoiledpaper waste that is mixed in with food waste. Water Efficiency Regulations The 20x2020 Water Conservation Plan was issued by the Department of Water Resources (DWR) in 2010 pursuant to Senate Bill 7, which was adopted during the 7th Extraordinary Session of 2009-2010 and thuefore dubbed "SBX7-7." SBX7-7 mandated urban water conservation and authorized the DWR to prepare a plan implementing urban water conservation requirements (20x2020 Water Conservation Plan). In addition, it required agricultural water providers to prepare agricultural water management plans, measure water deliveries to customers, and implement other efficiency measures. SBX7-7 requires urban water providers to adopt a water conservation target of 20 percent reduction in urban per capita water use by 2020 compared to 2005 baseline use. The Water Conservation in Landscaping Act of 2006 (AB 1881) requires local agencies to adopt the updated DWR model ordinance or equivalent. AB 1881 also requires the CEC to consult with the DWR to adopt, by regulation, performance standards and labeling requirements for landscape irrigation equipment, including irrigation controllers, moisture sensors, emission devices, and valves to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water. City of Santa Ana Climate Action Plan The City of Santa Ana adopted its Climate Action Plan (CAP) in December 2015. The CAP provides an inventory of GHG emissions and set 2008 as its baseline for AB 32 emission reduction goals. In 2008, activities within the city contributed an estimated total of 1,959,431 MTCO2e of GHG emissions with transportation and land use as the largest source of emissions at 48 percent In addition to an inventory, the CAP sets forth measures to guide the City in meeting community -wide and government operation reduction goals in transportation and land use, energy use, and solid waste, water, and wastewater. The City's CAP identifies the following community -wide GHG reduction targets: • Reduce emissions to 15 percent below 2008 levels by 2020 • Reduce emissions by 30 percent below 2008 levels by 2035 In addition, the following government operation GHG reduction targets are identified: • Reduce emissions by 30 percent below 2008 levels by 2020 • Reduce emissions by 40 percent below 2008 levels by 2035 Thresholds of Significance The CEQA Guidelines recommend that a lead agency consider the following when assessing the significance of impacts from GHG emissions on the environment: 75C-167 *:/ : 11-3 111 WA 1. The extent to which the project may increase (or reduce) GHG emissions as compared to the existing environmental setting; 2. Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project; 3. The extent to which the project complies with regulations or requirements adopted to implement an adopted statewide, regional, or local plan for the reduction or mitigation of GHG emissions.14 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT To provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents, SCAQMD has convened a GHG CEQA Significance Threshold Working Group (Working Group). Based on the last Working Group meeting (Meeting No. 15) held in September 2010, SCAQMD is proposing to adopt a tiered approach for evaluating GHG emissions for development projects where SCAQMD is not the lead agency (SCAQMD 2010): • Tier 1. If a project is exempt from CEQA, projectleveland cumulative GHG emissions are less than significant. • Tier 2. If the project complies with a GHG emissions reduction plan or mitigation program that avoids or substantially reduces GHG emissions in the project's geographic area (i.e., city or county), projectlevel and cumulative GHG emissions are less than significant. • Tier 3. If GHG emissions are less than the screening level threshold, projectleveland cumulative GHG emissions are less than significant. For projects that are not exempt or where no qualifying GHG reduction plans are directly applicable, SCAQMD requires an assessment of GHG emissions. SCAQMD is proposing a screening level threshold of 3,000 MTCO2e annually for all land use types or the following land -use -specific thresholds: 1,400 MTCO2e for commercial projects, 3,500 MTCO2e for residential projects, or 3,000 MTCO2e for mixed use projects. These brightlinethresholds are based on a review of the Governor's Office of Planning and Research database of CEQA projects. Based on their review of 711 CEQA projects, 90 percent of CEQA projects would exceed the brightlinethresholds identified above. Therefore, projects that do not exceed the brightlinethreshold would have a nominal, and therefore, less than cumulatively considerable impact on GHG emissions: • Tier 4. If emissions exceed the screening threshold, a more detailed review of the project's GHG emissions is warranted. 14 The Governor's Office of Planning and Research recommendations include a requirement that such a plan must be adopted through a public review process and include specific requirements that reduce or mitigate the project's incremental contribution of GHG emissions. If there is substantial evidence that the possible effects of a particular project are still cumulatively considerable, notwithstanding compliance with the adopted regulations or requirements, an EIR must be prepared for the project. 75C-168 *:/ : 11-1 h WA The SCAQMD Working Group has identified an efficiency target for projects that exceed the screening threshold of 4.8 MTCO2C per year per service population (MTCO2e/year/SP) for Projectlevelanalyses and 6.6 MTCO2e/year/SP for plan level projects (e.g., programlevelprojects such as general plans) for the year 2020.15 The per capita efficiency targets are based on the AB 32 GHG reduction target and 2020 GHG emissions inventory prepared for CARB's 2008 Scoping Plan.16 If a proposed project's horizon year is beyond year 2020, the efficiency target would need to be adjusted based on the mid-term GHG reduction target of SB 32, which establishes a target of 40 percent below 1990 levels by 2030, and the long-term reduction goal of Executive Order S-03-05, which sets a goal of 80 percent below 1990 levels by 2050. For the purpose of this project, as the proposed residential building is anticipated to be built by 2020, SCAQMD's projectlevelthresholds of 3,000 MTCO2C and 4.8 MTCO2e/year/SP are used. If projects exceed the bright line and per capita efficiency targets, GHG emissions would be considered potentially significant in the absence of mitigation measures. BIBLIOGRAPHY Bay Area Au Quality Management District (BAAQMD). 2017, May. California Environmental Quality Act Air Quality Guidelines. California Air Pollution Control Officers Association (CAPCOA). 2017. California Emissions Estimator Model (CalEEMod). Version 2016.3.2. Prepared by: BREEZE Software, A Division of Trinity Consultants in collaboration with South Coast Air Quality Management District and the California Air Districts. California Au Resources Board (CARB). 1998, April 22. The Report on Diesel Exhaust. http://w ..arb.ca.gov/toxics/dieseltac/de-fnds.htm. 1999. California Air Resources Board (CARB). Final Staff Report Update to the Toxic Au Contaminant List 2005, April. Air Quality and Land Use Handbook: A Community Health Perspective. https://w ..arb.ca.gov/ch/handbookpdf 2008, October. Climate Change Proposed Scoping Plan, a Framework for Change. . 2010, August. Staff Report Proposed Regional Greenhouse Gas Emission Reduction Targets for Automobiles and Light Trucks Pursuant to Senate Bill 375. 1' It should be noted that the Working Group also considered efficiency targets for 2035 for the lust time in this Working Group meeting. 16 SCAQMD took the 2020 statewide GHG reduction target for land use only GHG emissions sectors and divided it by the 2020 statewide employment for the land use sectors to derive a per capita GHG efficiency metric that coincides with the GHG reduction targets of AB 32 for year 2020. 75C-169 *:/ : 11-1 h WA . 2014, May 15. First Update to the Climate Change Scoping Plan: Building on the Framework, Pursuant to AB 32, The California Global Warming Solutions Act of 2006, http://w ..arb.ca.gov/cc/scopmgplan/document/updatedscopingplm20l3.htrn. . 2016, October 1. Ambient Au Quality Standards. http://w ..arb.ca.gov/research/nags/aags2.pdf. . 2017a, May S. Area Designations Maps/State and National. Accessed February 28, 2018. http://w ..arb.ca.gov/desig/desig.htrn. . 2017b, March 14. Final Proposed Short -Lived Climate Pollutant Reduction Strategy. https://w ..arb.ca.gov/cc/shoftlived/shortlived.htm. . 2017c, November. California's 2017 Climate Change Scoping Plan: The Strategy for Achieving California's 2030 Greenhouse Gas Target. https://w ..mb.m.gov/cc/scopingplan/scop4ig_plan_2017.pdf. 2018a. Air Pollution Data Monitoring Cards (2013, 2014, 2015, 2016, and 2017). Accessed July 30, 2018. http://w ..arb.m.gov/adam/topfour/topfourl.php. . 2018b, February. Proposed Update to the SB 375 Greenhouse Gas Emission Reduction Targets. https://w ..arb.ca.gov/cc/sb375/sb375_target_update_fmal_staff report_feb2Ol8.pdf. .2018c, July 11. 2018 Edition California Greenhouse Gas Inventory for 2000-2016: By Category as Defined in the 2008 Scoping Plan. https://www.arb.ca.gov/cc/inventory/data/ciata.htrn. California Energy Commission (CEC). 2015a, June 10. 2016 Building Energy Efficiency Standards, Adoption Hearing Presentation. http://w ..energyca.gov/title24/2016stmdards/rulemaking/documents. .2015b. 2016 Building Energy and Efficiency Standards Frequently Asked Questions. http://w ..energyca.gov/title24/2016stancl rds/rulemaking/documents/2016_Buddmg_Energy_ Efficiency_Standards_FAQ.pdf. .2018a. News Release: Energy Commission Adopts Standards Requiring Solar Systems for New Homes, First in Nation. http://w ..energy.m.gov/releases/2018_releases/2018-05- 09_buildings tandards_adopted_m.html. 2018b. 2019 Building Energy and Efficiency Standards Frequently Asked Questions. http://w ..eneigyca.gov/title24/2019stancl rds/documents/2018_Title_24_2019_Building Standa rds_FAQ.pdf. Intergovernmental Panel on Climate Change (IPCC). 1995. Second Assessment Report: Climate Change 1995. 2001. Tbird Assessment Report: Climate Change 2001. New York: Cambridge University Press. 2007. Fourth Assessment Report: Climate Change 2007. New York: Cambridge University Press 75C-170 *:/ : 11-1 h WA 2013. Fifth Assessment Report: Climate Change 2013. New York Cambridge University Press. South Coast An Quality Management District (SCAQMD). 1993. California Environmental Quality Act Air Quality Handbook 2005, May. Guidance Document for Addressing Air Quality Issues in General Plans and Local Planning http://w ..agmcLgov/home/library/documents-support- material/planning - guidance/guidance-document. . 2008a, September. Multiple An Tomes Exposure Study m the South Coast Air Basin (MATES III). http://w ..agmd.gov/home/library/air-quality-data-studies/health-studies/mates-iii. 2008b, July. Final Localized Significance Threshold Methodology. http://w .agmd.gov/does/default-source/cega/handbook/localized-significance-thresholds/final- lst-methodology-documentpdf. 2010, September 28. Greenhouse Gases (GHG) CEQA Significance Thresholds Working Group Meeting 15. http://w ..agmd.gov/dots/default- source/cega/handbook/greenhouse-gases-(ghg) cega- significance -thresholds/year-2008-2009/ghg-meeting -15/ghg-meeting 15-main- presentation.pdf. 2011. Fact Sheet for Applying CalEEMod to Localized Significance Thresholds. http://w ..agmd.gov/dots/default-source/cega/handbook/localized-significance- thresholds / caleemod-guidance. p df? s fvrsn=2 2012, May 4. Final 2012 Lead State Implementation Plan: Los Angeles County. http://w 3.agmd.gov/hb/attachments/2011-2015/2012May/2012-May4-030.pdf. 2015a, October 3. Final Report Multiple Air Toxics Exposure Study in the South Coast Air Basin (MATES IV). http://w ..agmd.gov/home/library/air-quality-data-studies/health-studies/mates-iv. . 2015b, March (revised). SCAQMD Air Quality Significance Thresholds. http://w ..agmd.gov/dots/default-source/cega/handbook/smgmd-air-quality-significance- duesholds.pdf?sfvrsn=2. 2015c. Health Effects of Air Pollution. http://w ..agmd.gov/home/library/public- information/publications. 2015d, October. `Blueprint for Clean An: 2016 AQMP White Paper" 2016 AQMP White Papers Web Page. http://w ..agmd.gov/home/about/groups-committees/aqmp-advisofy-group/2016- aqmp-white-papers. 2017, March 4. Final 2016 Air Quality Management Plan. http://w ..agmd.gov/home/libfazy/clean-air-plans/air-quality-mgt-plan/final-2016-aqmp 75C-171 *:/ : 11-1 h WA Southern California Association of Governments (SCAG). 2016, April. The 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS): A Plan for Mobility, Accessibility, Sustainability, and a High Quality of Life. http://scagrtpscs.net/Documents/2016/fmal/f2Ol6RTPSCS.pdf US Environmental Protection Agency (USEPA). 2009, December. EPA: Greenhouse Gases Threaten Public Health and the Environment. Science overwhelmingly shows greenhouse gas concentrations at unprecedented levels due to human activity. http://yosemite.epa.gov/opa/admpfe s.nsf/0/08D11A451131BCA585257685005BF252. 2018a. Criteria Air Pollutants. Accessed April 4, 2018. https://w ..epa.gov/criteria-air-pollutants. 2018b. Overview of Greenhouse Gases. Accessed March 1, 2018. http://w 3.epa.gov/climatecbmge/ghgemissions/gases.html. Western Regional Climate Center (WRCC). 2018a. Western U.S. Climate Summaries — Yorba Linda (Station ID No. 049847). Accessed August 15, 2018, http://w .wfcc.dri.edu/summary/Climsmsca.html. 75C-172 *AV :I1-3hira Regional Construction Emissions Worksheet - Unmitigated 'CalEEMod, Version 2016.3.2 ROG NOx CO SO2 PM10 Total PM2.5 Total Onsite 2019 Fugitive Dust 0.00 0.00 0.00 0.00 2.00 1.07 Off -Road 1.42 16.04 6.61 0.01 0.74 0.68 Total 1.42 16.04 6.61 0.01 2.74 1.75 Offsite Hauling 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0.01 0.23 0.07 0.00 0.01 0.00 Worker 0.04 0.02 0.29 0.00 0.08 0.02 Total 0.05 0.25 0.35 0.00 0.10 0.03 TOTAL 1.46 16.29 6.95 0.02 2.83 1.77 Building Construction ROG NOx CO SO2 PM10 Total PM2.5 Total Onsite 2019 Off -Road 2.27 15.98 13.49 0.02 0.92 0.88 Total 2.27 15.98 13.49 0.02 0.92 0.88 Offsite Hauling 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0.03 0.91 0.26 0.00 0.05 0.02 Worker 0.09 0.06 0.71 0.00 0.21 0.06 Total 0.12 0.97 0.95 0.00 0.26 0.08 TOTAL 2.40 16.95 14.44 0.03 1.18 0.96 Paving ROG NOx CO SO2 PM10Total PM2.5Total Onsite 2019 Off -Road 0.90 9.17 8.90 0.01 0.52 0.48 Paving 0.05 0.00 0.00 0.00 0.00 0.00 Total 0.95 9.17 8.90 0.01 0.52 0.48 Offsite Hauling 0.00 0.00 0.00 0.00 0.00 0.00 Vendor 0.01 0.23 0.07 0.00 0.01 0.00 Worker 0.06 0.04 0.46 0.00 0.13 0.04 Total 0.07 0.27 0.52 0.00 0.15 0.04 TOTAL 1.02 9.44 9.43 0.02 0.67 0.52 BC + P Total 3.42 26.39 23.87 0.04 1.85' MAX DAILY (1 Site) 24 0 3 JX DAILY (Boths Sites Co 7 -3 48 0 6 4 Regional Thresholds 75 100 550 150 150 55 Exceeds Thresholds? No No No No No No 75C-173 EXHIBIT 2 Localized Construction Emissions Worksheet - Unmitigated 'CalEEMod, Version 2016.3.2 Grading NOx CO PM10 Total PM2.5 Total Onsite 2019 Fugitive Dust 0.00 0.00 2.00 1.07 Off -Road 16.04 6.61 0.74 0.68 Total 16.04 6.61 2.74 1.75 Site Preparation 1.09acres LST 84 506 4.18 3.09 Exceed Threshold? No No No No Building Construction NOx CO PM10 Total PM2.5 Total Onsite 2019 Off -Road 15.98 13.49 0.92 0.88 Total 15.98 13.49 0.92 0.88 Site Preparation 1.00acres LST 81 485 4.00 3.00 Exceed Threshold? No No No No Paving NOx CO PM10 Total PM2.5 Total Onsite 2019 Off -Road 9.17 8.90 0.52 0.48 Paving 0.00 0.00 0.00 0.00 Total 9.17 8.90 0.52 0.48 BC + P Total 25.15 22.39 1.44 1.37 BC + P 1.00-acres LST 81 485 4.00 3.00 Exceeds Thresholds? No No No No 75C-174 S 3 F ti E E x v 6 i 0 z v v W N m z a u v ¢ o E w C = n •� � - - M m m o O O- u o 0 u v C N on v U L N N O O V (Q N J J Q O O U n VI VI VI rl - - a W v L « •� E m a N •d - 0 z p W E Y N V N n Q � Z N W m 0 u a o w e 0 cry > � Y ,2 sYi U C H o f Vq a J O 0 3 v � v v G 0 py O u v w O O 5 n` IN N O of m m v 0 0 .. o c 9 m 4:/:I1-3Ill ira Construction Activities and Schedule Assumptions Construction Activities Construction Schedule Phase Name Phase Type Start Date End Date CalEEMod Days Grading Grading 3/4/2019 IW 3/15/2019 10 Building Construction Building Construction 3/18/2019 5/3/2019 35 Paving Paving 5/6/2019 5/17/2019 10 'Cal EEMod defaulh. No combruc[i on data provided by applicant. 75C-176 *:/ : 11-1 h WA CaIEEMod Construction Off -Road Equipment Assumptions (Raitt Park) General Construction Hours: 8 hours btwn 7:00 AM to 4:00 PM Construction Equipment Details Equipment 4 of Equipment I Model hp hrs/ day total days Grading Graders 1 187 6 Rubber Tired Dozers 1 247 6 Tractors/Loaders/Backhoes 1 97 7 Worker Trips 8 Vendor Trips 2 Hauling Trips 0 Building Construction Cranes 1 231 6 Forklifts 1 89 6 Generator Sets 1 84 8 Tractors/Loaders/Backhoes 1 97 6 Welders 3 46 8 Worker Trips 20 Vendor Trips 8 Hauling Trips 1 0 Paving Cement and Mortar Mixers 1 9 6 Pavers 1 130 6 Paving Equipment 1 132 8 Rollers 1 80 7 Tractors/Loaders/Backhoes 1 97 8 Worker Trips 13 Vendor Trips 2 Hauling Trips 1 0 `CaIEEMod defaults. No comtru Rion data prmidod by applicant. 75C-177 I O co O N N O L T N N N E a d d a y a y U +� y •L c o w w U � R � C `o U � t U a G1 �o O a` w N O .2 O N O °' U 7 5 C 7$ I a T •• C O_ 7 Y 0 U a w Y R cY_ C & � B zo zo ) ( cl 0 { \ §}\;4\\«r\r\ : : : : : : : . � E )0 k \kk\\\\\\\\\\ 0 0 0 0 & � \ E ` ` E ) ) } ) § 0 - £ / / } ] 04 { j » § G : k (D x > > ) ( ) } § � .` & } ) / } 7cr3 & � CO M Cl) & � ci CD CD CD 6 {!�)§ )! & � 16 CD CD CD 6 88 /§ / \!\§ )o x CD ,I & � \ § § D ; CD CD CD 6 Nd- CD ci t ! } \ ^ & � § § § § ; ci QQ CD CD CD ci 75C.188 00 O LD O co O N N O v J1 C N U co F z N N N N E a d d a N a � q U 2 c o � W W U f6 L f6 � `o w t0 U � t U � G1 O 0 a` W ° w 10 O � c O E N O °' U 750-j 89 I 0 0 m f6 0 7 w G1 0 C O z 05 C G1 E E O U v G1 c W U) N D Cl) 5C49 i 5� L zo zo rr & � ) \ j\ §}\;4\\§{r\r\ \�\�\�\�\�\�\��d \ k \ \ \) /` ` E » ) .......... £ ) \ } ] J ( ( ) i= \ 6\/) LU : Z ) & a T •• O N OI C f6 .� a T •• M Cl) a T •• ai a T •• 00 I LD O W O N N O N N E a d d a N a � q U V; N c O w � ` w U � f6 � E `o U E t U U D G1 O O 0 a` W ° w 10 O � c O E N O °' U 750-3 99 I m 0 O f6 0 7 w G1 0 C O z 05 U) C G1 E E O U v G1 c W U) N D M zo zo rr & � ) \ j\ §}\;4\\§{r\r\ \�\�\�\�\�\�\��d \ k \ \ \) /` ` E » ) .......... £ ) \ } ] J ( ( ) i= \ 6\/) : Z ) ) _ _ )/) - & a T •• O N OI C f6 .� a T •• M Cl) a T •• ai a T •• *:/:I1-3Ill ira Construction Localized Significance Thresholds: Grading Source Receptor Source Project site SRA No. Acres Distance Receptor Acreage meters Distance (Feet) Disturbed 17 1.09 Source Receptor Central Orange County Equipment Acres/84rr Day Daily hours Equipment Used Acres Distance (meters) 25 Tractors 0.5 0.0625 7 1 0.4375 NOx 84 Graders 0.5 0.0625 6 1 0.375 CO 506 Dozers 0.5 0.0625 6 1 0.375 PM10 4.18 Scrapers 1 0.125 0 0 0 PM2.5 3.09 Acres 1.19 Acres 25 50 100 200 500 NOx 1 81 83 98 123 192 2 115 114 125 148 205 84 86 100 125 193 CO 1 485 753 1128 2109 6841 2 715 1041 1547 2685 7493 506 779 1166 2161 6900 PM10 1 4 12 28 60 158 2 6 19 35 68 166 4 13 29 61 159 PM2.5 1 3 4 9 22 85 2 4 6 11 25 92 3 4 9 22 86 Central Orange County 1.09 Acres 25 50 100 200 500 NOx 84 86 100 125 193 CO 506 779 1166 2161 6900 PM10 4 13 29 61 159 PM2.5 3 4 9 22 86 Acre Below Acre Above SRA No. Acres SRA No. Acres 17 1 17 2 Distance Increment Below 25 Distance Increment Above 25 Updated. 1021/2009 -Table C-1. 2006— 2008 75C-209 *:/:I1-3Ill ira Construction Localized Significance Thresholds: Building Construction Source Receptor Source Project site SRA No. Acres Distance Receptor Acreage meters Distance (Feet) Disturbed 17 0,38 Source Receptor Central Orange County Equipment Acres/8-hr Day Daily hours Equipment Used Acres Distance (meters) 25 Tractors 0.5 0.0625 6 1 0.375 NOx 81 Graders 0.5 0.0625 0 0 0 CO 485 Dozers 0.5 0.0625 0 0 0 PM10 4.00 Scrapers 1 0.125 0 0 0 PM2.5 3.00 Acres 0.38 Acres 25 50 100 200 500 NOx 1 81 83 98 123 192 1 81 83 98 123 192 81 83 98 123 192 CO 1 485 753 1128 2109 6841 1 485 753 1128 2109 6841 485 753 1128 2109 6841 PM10 1 4 12 28 60 158 1 4 12 28 60 158 4 12 28 60 158 PM2.5 1 3 4 9 22 85 1 3 4 9 22 85 3 4 9 22 85 Central Orange County 0.38 Acres 25 50 100 200 500 NOx 81 83 98 123 192 CO 485 753 1128 2109 6841 PM10 4 12 28 60 158 PM2.5 3 4 9 22 85 Acre Below Acre Above SRA No. Acres SRA No. Acres 17 1 17 1 Distance Increment Below 25 Distance Increment Above 25 Updated. 1021/2009 -Table C-1. 2006— 2008 75C-210 *:/:I1-3Ill ira Construction Localized Significance Thresholds: Building Construction + Paving Source Receptor Source Project site SRA No. Acres Distance Receptor Acreage meters Distance (Feet) Disturbed 17 Source Receptor Central Orange County Equipment Acres/8-hr Day Daily hours Equipment Used Acres Distance (meters) 25 Tractors 0.5 0.0625 8 1 0.5 NOx 81 Graders 0.5 0.0625 0 0 0 CO 485 Dozers 0.5 0.0625 0 0 0 PM10 4.00 Scrapers 1 0.125 0 0 0 PM2.5 3.00 Acres 0.50 Acres 25 50 100 200 500 NOx 1 81 83 98 123 192 1 81 83 98 123 192 81 83 98 123 192 CO 1 485 753 1128 2109 6841 1 485 753 1128 2109 6841 485 753 1128 2109 6841 PM10 1 4 12 28 60 158 1 4 12 28 60 158 4 12 28 60 158 PM2.5 1 3 4 9 22 85 1 3 4 9 22 85 3 4 9 22 85 Central Orange County 0.50 Acres 25 50 100 200 500 NOx 81 83 98 123 192 CO 485 753 1128 2109 6841 PM10 4 12 28 60 158 PM2.5 3 4 9 22 85 Acre Below Acre Above SRA No. Acres SRA No. Acres 17 1 17 1 Distance Increment Below 25 Distance Increment Above 25 Updated. 1021/2009 -Table C-1. 2006— 2008 75C-211 *:/ : 11-1 h WA Appendix B Cultural Resources Data 75C-212 *:/ : 11-1 h WA This page zntenfzonaljleft blank. 75C-213 r NATIVE AMERICAN HERITAGE COMMISSION Cultural and Environmental Department 1550 Harbor Blvd., Suite 100 West Sacramento, CA 95691 Phone: (916) 373-3710 Email: nahcOnahc.ca.gov Website: http://www.nahc.ca.gov Twitter: @CA_NAHC October 8, 2018 Elizabeth Kim PlaceWorks for City of Santa Ana 3 MacArthur Place Santa Ana, CA 92727 VIA Email to: ekimno placeworks.com RE: Centennial Park/Santa Ana College Park Replacement Project Dear Ms. Kim; A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites. Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received. If you receive notification of change of addresses and phone numbers from tribes, please notify me. With your assistance we are able to assure that our lists contain current information. If you have any questions or need additional information, please contact me at my email address: Katy.Sanchez@NAHC.Ca.Gov. Sincerely, !�(/ Katy anchez Associate Environmental Planner Attachment 75C-214 Native American Heritage Commission Native American Consultation List 10/8//2018 Juaneno Band of Mission Indians Acjachemen Nation Matias Belardes, Chairperson 32161 Avenida Los Amigos Juaneno San Juan Capistrano ,CA 92675 kaamalam@gmail.com (949) 444-4340 (Cell) Juaneno Band of Mission Indians Acjachemen Nation Teresa Romero, Chairwoman 31411-A La Matanza Street Juaneno San Juan Capistrano ,CA 92675 tromero@juaneno.com (949) 488-3484 (949) 488-3294 Fax Juaneno Band of Mission Indians Adolph 'Bud' Sepulveda, Vice Chairperson P.O. Box 25828 Juaneno Santa Ana CA 92799 bssepul@yahoo.net (714) 838-3270 (714) 914-1812 Cell Juaneno Band of Mission Indians Sonia Johnston, Tribal Chairperson P.O. Box 25628 Juaneno Santa Ana CA 92799 sonia.johnston@sbcglobal. net Juaneno Band of Mission Indians Anita Espinoza 639 Holten Road Juaneno Talent -Or 97540 neta777@sbcglobal.net EXHIBIT 2 Juaneno Band of Mission Indians Acjachemen Nation Joyce Perry, Tribal Manager 4955 Paseo Segovia Juaneno Irvine CA 92612 kaamalam@gmail.com (949) 293-8522 This list is current as of the date of this document and is based on the information available to the Commission on the date it was produced. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resources Code, or Section 5097.98 of the Public Resources Code. This list is only applicable for contacting local Native American Tribes for the proposed: Centennial Park/Santa Ana College Park Replacement Project, Orange County. 75C-215 *:/ :11-1 h WA NATURAL H ISTORY M U S E U M iaa �neeY.sceunYr PlaceWorks, Inc. 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Attn: Elizabeth Kim, Senior Associate Natural History Museum of Los Angeles County goo Exposition Boulevard Los Angeles, CA 90007 tel 213-763-3466 Vertebratemf&ontology Section Telephone: (213) 763-3325 e-mait. smcleod@nhm.org 15 May 2018 re: Paleontological Records Search for the proposed Two Santa Ana Community Parks Project, in the City of Santa Ana, Orange County, project area Dear Kim: I have conducted a thorough search of our Vertebrate Paleontology records for the proposed Two Santa Ana Community Parks Project, in the City of Santa Ana, Orange County, project area as outlined on the portions of the Newport Beach and Tustin USGS topographic quadrangle maps that you sent to me via e-mail on 1 May 2018. We do not have any vertebrate fossil localities that lie within the proposed project site boundaries, but we do have localities nearby from the same sedimentary units that occur in the proposed project area. Surface sediments throughout the entire proposed project area and in the surrounding vicinity consist of younger terrestrial Quaternary Alluvium, derived primarily as alluvial fan deposits from the hills of the Santa Ana Mountains to the east, broadly via the Santa Ana River that currently flows to the west. These younger Quaternary deposits typically do not contain significant vertebrate fossils, at least in the uppermost layers, but are underlain by older Quaternary deposits at varying depths that do contain significant vertebrate fossils. Our closest vertebrate fossil locality from older Quaternary deposits is probably LACM 1339, south- southwest of the proposed project area sites in Costa Mesa east of the Santa Ana River near the top of the mesa bluffs along Adams Avenue, that produced fossil specimens of mammoth, Mammuthus, and camel, Camelidae, bones from sands approximately 15 feet below the top of the mesa that is overlain by shell bearing silts and sands. A little farther almost due south of the proposed project area site 2, in Costa Mesa along the Newport Freeway near Santa Isabel Avenue, our older Quaternary locality LACM 4219 produced fossil specimens of turtle, Inspiring wonder, discovery and res7.6C. 44 r.2u1nfiral and cultural worlds. *:/ : 11-1 h WA Chelonia, and camel, Camelidae. Just east of due north of the proposed project site 1, east of the Santa Ana River in Orange along Fletcher Avenue east of Glassell Street, our older Quaternary locality LACM 4943 produced a specimen of fossil horse, Equus, at a depth of 8-10 feet below the surface. Grading or shallow excavations in the uppermost few feet of the younger Quaternary alluvial sediments exposed throughout the entire proposed project area are unlikely to uncover significant fossil vertebrate remains. Deeper excavations in the proposed project area that extend down into older Quaternary sediments, however, may well encounter significant vertebrate fossils. Any substantial excavations below the uppermost layers in the proposed project area, therefore, should be closely monitored to quickly and professionally collect any specimens without impeding development. Sediment samples should also be collected and processed to determine the small fossil potential in the proposed project area. Any fossils recovered during mitigation should be deposited in an accredited and permanent scientific institution for the benefit of current and future generations. This records search covers only the vertebrate paleontology records of the Natural History Museum of Los Angeles County. It is not intended to be a thorough paleontological survey of the proposed project area covering other institutional records, a literature survey, or any potential on -site survey. Sincerely, Samuel A. McLeod, Ph.D. Vertebrate Paleontology enclosure: invoice 75C-217 *:/ : 11-1 h WA Appendix C Noise Data 75C-218 *:/ : 11-1 h WA Tbirpage intentionally left blank. 75C-219 *:/ : 11-1 h WA Fundamentals of Noise ki101 M : Noise is most often defined as unwanted sound; whether it is loud, unpleasant, unexpected, or otherwise undesirable. Although sound can be easily measured, the perception of noise and the physical response to sound complicate the analysis of its impact on people. People judge the relative magnitude of sound sensation in subjective terms such as "noisiness" or "loudness." Noise Descriptors The following are brief definitions of terminology used in this chapter: ■ Sound. A disturbance created by a vibrating object, which, when transmitted by pressure waves through a medium such as air, is capable of being detected by a receiving mechanism, such as the human ear or a microphone. ■ Noise. Sound that is loud, unpleasant, unexpected, or otherwise undesirable. ■ Decibel (dB). A unitless measure of sound, expressed on a logarithmic scale and with respect to a defined reference sound pressure. The standard reference pressure is 20 micropascals (20 µPa). ■ Vibration Decibel (VdB). A unitless measure of vibration, expressed on a logarithmic scale and with respect to a defined reference vibration velocity. In the U.S., the standard reference velocity is 1 micro - inch per second (1x10-6 in/sec). ■ A -Weighted Decibel (dBA). An overall frequencyweightedsound level in decibels that approximates the frequency response of the human ear. ■ Equivalent Continuous Noise Level (IQ; also called the Energy -Equivalent Noise Level. The value of an equivalent, steady sound level which, in a stated time period (often over an hour) and at a stated location, has the same A -weighted sound energy as the timevaryingsound. Thus, the Ley metric is a single numerical value that represents the equivalent amount of variable sound energy received by a receptor over the specified duration. ■ Statistical Sound Level (L„). The sound level that is exceeded "n" percent of time during a given sample period. For example, the Lso level is the statistical indicator of the timevaryingnoise signal that is exceeded 50 percent of the time (during each sampling period); that is, half of the sampling time, the changing noise levels are above this value and half of the time they are below it. This is called the "median sound level." The Lio level, likewise, is the value that is exceeded 10 percent of the time (i.e., near the maximum) and this is often known as the "intrusive sound level." The Lgo is the sound level exceeded 90 percent of the time and is often considered the "effective background level" or "residual noise level." 75C-220 *:/:I1-3Ill WA FUNDAMENTALS OF NOISE Day -Night Sound Level (Ld.. or DNL). The energy average of the A -weighted sound levels occurring during a 24-hour period, with 10 dB added to the sound levels occurring during the period from 10:00 PM to 7:00 AM. Community Noise Equivalent Level (CNEL). The energy average of the A -weighted sound levels occurring during a 24-hour period, with 5 dB added from 7:00 PM to 10:00 PM and 10 dB from 10:00 PM to 7:00 AM. NOTE: For general community/environmental noise, CNEL and Ldn values rarely differ by more than 1 dB (with the CNEL being only slightly more restrictive — that is, higher than the Ld„ value). As a matter of practice, Ld� and CNEL values are interchangeable and are treated as equivalent in this assessment. ■ Sensitive Receptor. Noise- and vibration -sensitive receptors include land uses where quiet environments are necessary for enjoyment and public health and safety. Residences, schools, motels and hotels, libraries, religious institutions, hospitals, and nursing homes are examples. Characteristics of Sound When an object vibrates, it radiates part of its energy in the form of a pressure wave. Sound is that pressure wave transmitted through the air. Technically, airborne sound is a rapid fluctuation or oscillation of air pressure above and below atmospheric pressure that creates sound waves. Sound can be described in terms of amplitude (loudness), frequency (pitch), or duration (time). Loudness or amplitude is measured in dB, frequency or pitch is measured in Hertz [Hz] or cycles per second, and duration or time variations is measured in seconds or minutes. AVNude Unlike linear units such as inches or pounds, decibels are measured on a logarithmic scale. Because of the physical characteristics of noise transmission and perception, the relative loudness of sound does not closely match the actual amounts of sound energy. Table 1 presents the subjective effect of changes in sound pressure levels. Ambient sounds generally range from 30 dBA (very quiet) to 100 dBA (very loud). Changes of 1 to 3 dB are detectable under quiet, controlled conditions, and changes of less than 1 dB are usually not discernible (even under ideal conditions). A 3 dB change in noise levels is considered the minimum change that is detectable with human hearing in outside environments. A change of 5 dB is readily discernible to most people in an exterior environment, and a 10 dB change is perceived as a doubling (or halving) of the sound. Table 1 Noise Perceptibility Change in dB Noise Level ±3 dB Threshold of human perceptibility ± 5 dB Clearly noticeable change in noise level ± 10 dB Half or twice as loud ± 20 dB Much quieter or louder Page 2 PlaaWorkr 75C-221 EXHIBIT 2 NOISE BACKGROUND AND MODELING DATA Source. Bier, David A. and Colin E. Hansen. 2009. Engineering Now Conhol. Theory andPradioa. 4th ed. New York: Span Press. Frequency The human ear is not equally sensitive to all frequencies. Sound waves below 16 Hz are not heard at all, but are "felt" more as a vibration. Similarly, though people with extremely sensitive hearing can hear sounds as high as 20,000 Hz, most people cannot hear above 15,000 Hz. In all cases, hearing acuity falls off rapidly above about 10,000 Hz and below about 200 Hz. When describing sound and its effect on a human population, A -weighted (dBA) sound levels are typically used to approximate the response of the human ear. The A -weighted noise level has been found to correlate well with people's judgments of the "noisiness" of different sounds and has been used for many years as a measure of community and industrial noise. Although the A -weighted scale and the energy equivalent metric are commonly used to quantify the range of human response to individual events or general community sound levels, the degree of annoyance or other response also depends on several other perceptibility factors, including: ■ Ambient (background) sound level ■ General nature of the existing conditions (e.g., quiet rural or busy urban) ■ Difference between the magnitude of the sound event level and the ambient condition ■ Duration of the sound event ■ Number of event occurrences and their repetitiveness ■ Time of day that the event occurs Duration Time variation in noise exposure is typically expressed in terms of a steady-state energy level equal to the energy content of the time varying period (called LQ, or alternately, as a statistical description of the sound level that is exceeded over some fraction of a given observation period. For example, the L50 noise level represents the noise level that is exceeded 50 percent of the time, half the time the noise level exceeds this level and half the time the noise level is less than this level. This level is also representative of the level that is exceeded 30 minutes in an hour. Similarly, the L2, Ls and L25 values represent the noise levels that are exceeded 2, 8, and 25 percent of the time or 1, 5, and 15 minutes per hour, respectively. These "n" values are typically used to demonstrate compliance for stationary noise sources with many cities' noise ordinances. Other values typically noted during a noise survey are the Ln,;,, and L... These values represent the minimum and maximum root -mean -square noise levels obtained over the measurement period, respectively. Because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, state law and many local jurisdictions use an adjusted 24-hour noise descriptor called the Community Noise Equivalent Level (CNEL) or Day Night Noise Level (LQ. The CNEL descriptor requires that an artificial increment (or "penalty" of 5 dBA be added to the actual noise level for the hours from 7:00 PM to 10:00 PM and 10 dBA for the hours from 10:00 PM to 7:00 AM. The Lai, descriptor uses the same methodology except that there is no artificial increment added to the hours between 7:00 PM and 10:00 PM. Both descriptors give roughly the same 24-hour level, with the CNEL being only slightly more restrictive (i.e., higher). The CNEL or L& metrics are commonly applied to the assessment of roadway and airport -related noise sources. Nowmber2016 Page 3 75C-222 *:/ :11-3 It WA FUNDAMENTALS OF NOISE Sound Propagation Sound dissipates exponentially with distance from the noise source. This phenomenon is known as "spreading loss." For a single point source, sound levels decrease by approximately 6 dB for each doubling of distance from the source (conservatively neglecting ground attenuation effects, air absorption factors, and barrier shielding). For example, if a backhoe at SO feet generates 84 dBA, at 100 feet the noise level would be 79 dBA, and at 200 feet it would be 73 dBA. This drop-off rate is appropriate for noise generated by on -site operations from stationary equipment or activity at a project site. If noise is produced by a line source, such as highway traffic, the sound decreases by 3 dB for each doubling of distance over a reflective ("hard site") surface such as concrete or asphalt. Line source noise in a relatively flat environment with ground -level absorptive vegetation decreases by an additional 1.S dB for each doubling of distance. Psychological and Physiological Effects of Noise Physical damage to human hearing begins at prolonged exposure to noise levels higher than 8S dBA. Exposure to high noise levels affects the entire system, with prolonged noise exposure in excess of 7S dBA increasing body tensions, thereby affecting blood pressure and functions of the heart and the nervous system. Extended periods of noise exposure above 90 dBA results in permanent cell damage, which is the main driver for employee hearing protection regulations in the workplace. For community environments, the ambient or background noise problem is widespread, through generally worse in urban areas than in outlying, less - developed areas. Elevated ambient noise levels can result in noise interference (e.g., speech interruption/masking, sleep disturbance, disturbance of concentration) and cause annoyance. Since most people do not routinely work with decibels or A -weighted sound levels, it is often difficult to appreciate what a given sound pressure level number means. To help relate noise level values to common experience, Table 2 shows typical noise levels from familiar sources. Page 4 PIa Workr 75C-223 EXHIBIT 2 NOISE BACKGROUND AND MODELING DATA Table 2 Tvoical Noise Levels Common Outdoor Activities Noise Level (dBA) Common Indoor Activities Onset of physical discomfort 120+ 110 Rock Band (near amplification system) Jet Flyover at 1,000 feet 100 Gas Lawn Mower at three feet 90 Diesel Truck at 50 feet, at 50 mph Food Blender at 3 feet 80 Garbage Disposal at 3 feet Noisy Urban Area, Daytime 70 Vacuum Cleaner at 10 feet Commercial Area Normal speech at 3 feet Heavy Traffic at 300 feet 60 Large Business Office Quiet Urban Dayfime 50 Dishwasher Next Room Quiet Urban Nighttime 40 Theater, Large Conference Room (background) Quiet Suburban Nighttime 30 Library Quiet Rural Nighttime Bedroom at Night, Concert Hall (background) 20 Broadcast/Recording Studio 10 Lowest Threshold of Human Hearing 0 Lowest Threshold of Human Hearing Source: California Department of Transportation (Caltrans). 2009, November. Technical Noise Supplement ('TeNS"). Prepared by ICF International. Vibration Fundamentals Vibration is an oscillatory motion through a solid medium in which the motion's amplitude can be described in terms of displacement, velocity, or acceleration. Vibration is normally associated with activities stemming from operations of railroads or vibration -intensive stationary sources, but can also be associated with construction equipment such as jackhammers, pile drivers, and hydraulic hammers. As with noise, vibration can be described by both its amplitude and frequency. Vibration displacement is the distance that a point on a surface moves away from its original static position; velocity is the instantaneous speed that a point on a surface moves; and acceleration is the rate of change of the speed. Each of these descriptors can be used to correlate vibration to human response, building damage, and acceptable equipment vibration levels. During construction, the operation of construction equipment can cause groundborne vibration. During the operational phase of a project, receptors may be subject to levels of vibration that can cause annoyance due to noise generated from vibration of a structure or items within a structure. Vibration amplitudes are usually described in terms of either the peak particle velocity (PPV) or the root mean square (RMS) velocity. PPV is the maximum instantaneous peak of the vibration signal and RMS is the Nowwber 2016 Page 5 75C-224 *:/ : 11-1 h WA FUNDAMENTALS OF NOISE square root of the average of the squared amplitude of the signal. PPV is more appropriate for evaluating potential building damage and RMS is typically more suitable for evaluating human response. Page 6 PlaaWorkr 75C-225 *:/:I1-1hWA Local Regulations 75C-226 *:/ : 11-1 h WA City of Santa Ana General Plan Noise Element 1982 City of Santa Ana Planning Division Adopted September 20, 1982 (Reformatted January 2010) This document includes revisions adopted by Santa Ana City Council February 2, 2009 (GPA 2004-03). 75C-227 *:/ : 11-1 h WA 75C-228 *:/ : 11-1 h WA REL:adg 8/24/82 RESOLUTION NO. 82-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR THE REVISION OF THE GENERAL PLAN OF THE CITY OF SANTA ANA AND ADOPTING THE SAID REVISED GENERAL PLAN WHEREAS, a proposed revision of the General Plan of the City of Santa Ana (hereinafter referred to as the "Revised General Plan") has been approved by the Planning Commission after public hearing in the manner required by law, and is now on file in the office of the Clerk of the Council; and WHEREAS, the Revised General Plan includes a draft environmental impact report which has been duly noticed for public review and comment; and WHEREAS, this Council has held a public hearing on the Revised General Plan, including the said draft environmental impact report, after notice in the manner required by law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: 1. The City Council has evaluated all comments and recommendations written and oral, received from persons who have reviewed the draft environmental impact report, and all responses thereto, including those made at the public hearing. The Clerk of the Council is hereby directed to attach all such written comments and responses and the minutes of the said public hearing to the draft environmental impact report, together with a list of persons, organizations and public agencies commenting on the draft environmental impact report. The said comments, responses, and list are hereby incorporated herein as part of the record and, together with the draft environmental impact report, are declared to constitute the final environmental impact report for the Revised General Plan. 2. The City Council hereby certifies that the final environmental impact report for the Revised General Plan has been completed in accordance with the California Environmental Quality Act, the State CEQA Guidelines and local procedures, and that the City Council has reviewed and considered the information contained in the final environmental impact report. 75C-229 *:/ : 11-1 h WA RESOLUTION NO. 82-122 PAGE TWO 3. The City Council hereby finds, on the basis of the final environmental impact report and other substantial evidence in the record, that changes or alterations have been incorporated into the Revised General Plan which mitigate or avoid the following significant environmental effects identified in the final environmetal impact report: (1) additional traffic (2) reduced air quality (3) increases in noise levels, and (4) increases in energy consumption, and that such significant environmental effect have thereby been substantially lessened. This finding is supported by the following statement of facts: '(a) Although identified as significant effects of the project in the environmental impact report, such effects are not in fact caused by the adoption of the Revised General Plan, but rather by the expected growth and development of the City of Santa Ana and the surrounding region. Such effects would occur to an equal or greater extent under the previously adopted general plan or in the absence of any general plan. (b) The Revised General Plan contains "Circulation," "Conservation," "Energy" and "Noise" elements of which the policies and programs are specifically designed to mitigate the said identified significant effects in a rational, coordinated manner so as to achieve minimal adverse effects consistent with reasonable growth and development. 4. The City Council hereby finds, on the basis of the final environmental impact report and other substantial evidence in the record, that specific economic, social and other consideration make infeasible the alternatives to the Revised General Plan identified in the final environmental impact report. This finding is supported by the following statement of facts: (a) The Revised General Plan represents the best balance of competing goals and objectives: preservation of residential community integrity; maintenance of affordable housing; encouragement of economic development; avoidance of unacceptable levels of congestion and disruption. (b) Greater restriction of residential development would discourage the new development of housing available to persons of low or moderate income. Increasing 75C-230 *:/ : 11-1 h WA RESOLUTION NO. 82-122 PAGE THREE population, with its consequent increased demand for housing, would result in increasing the cost of the existing housing supply. Less restriction of residential development would result in the disruption of established residential communities. (c) Greater restriction of commercial -industrial development would reduce employment opportunities in the City of Santa Ana; would deny to City government a tax revenue base sufficient to meet the demand for governmental services; and would lead to stagnation and blight conditions in established commercial areas. Less restriction of commercial -industrial development would allow the inter- mixture of incompatible land uses and development which is beyond the capacity of streets and other public improvements to serve. 5. The City Council hereby finds, on the basis of the final environmental impact report and other substantial evidence in the record, that the changes in planned land use for areas of the City of Santa Ana accomplished by the adoption of the Revised General Plan are acceptable. Such changes are necessary for the general welfare of the people of the City of Santa Ana over the long-term, in order to achieve a balance between competing needs, as referenced in Section 4 herein, and in order to channel new development into areas in which it will be both financially feasible and compatible with existing uses. 6. The City Council hereby approves and adopts the Revised General Plan. Said Revised General Plan, together with the Revised Housing Element of the General Plan; adopted by the City Council by its Resolution No. 82-7 on January 18, 1982, shall constitute the General Plan of the City of Santa Ana required by Section 65300 of the Government Code of the State of California and the master plan required by Chapter 27 of the Santa Ana Municipal Code. All elements of the general or master plan or amendments thereto previously adopted or approved by the City Council, excepting only the aforesaid Revised Housing Element of the General Plan, are hereby repealed. 7. The Clerk of the Council is hereby directed to endorse the Revised General Plan to show that it has been adopted by the City Council and to retain the same on file in her office. 75C-231 *:/ : 11-1 h WA RESOLUTION NO. 82- 122 PAGE FOUR 8. The Director of Planning and Development Services is hereby directed to: (a) Send a copy of the Revised General Plan to the Planning Agency of Orange County. (b) File a Notice of Determination with the County Clerk of Orange County pursuant to Section 21152 of the Public Resources Code and the State CEQA Guidelines. ADOPTED this 20th day of September , 1982. Gordon Br' ken, Mayor ATTEST: nice C. Guy, C er of-t Council COUNCILMEMBERS: (( Bricken Aye Luxembourger _� Acosta y� Serrato Ayye��__ Griset yee Markel Nay McGuigan Aye Approved as to Form: elad j. Cooper lt.� R@"oY Edward J. Cooper, ity Attorney 75C-232 *AV :I1-3111WA Acknowledgments CITY COUNCIL Gordon Bricken, Mayor Robert W. Luxembourger, Vice Mayor John Acosta Alfred C. Serrato Patricia A. McGuigan J. Ogden Markel Daniel Griset PLANNING COMMISSION Harold Gosse Roy Uno Robert Carrillo Rita Corpin Wally Bartelt Fred Munoz Wilson Hart ADMINISTRATION AND STAFF A. J. Wilson, City Manager Rex Swanson, Assistant City Manager for Developmental Services Phil Freeland, Director of Planning and Development Services David Gunderman, Chief of Planning Project Director, GPRP Robert Balen, Project Coordinator David Ream, Director of Redevelopment Hank Cunningham, Program Manager, Economic Development Samuel Johnson, Director of Public Works Robert Eichblatt, Assistant City Engineer Dave Grosse, Director of Transportation John Robinson, Senior Transportation Planner Richard Lay, Assistant City Attorney CONSULTANTS THE ARROYO GROUP Planners, Architects and Associated Disciplines Larry, B. Morrison, AICP, ALA, Principal -in - Charge Patric B. Dawe, ALA, Managing Principal P. Patrick Mann, Planning Principal James Goddell, Consulting Principal Aron W. Clemens, Planner Cliff Catlin, Graphic Designer Annie Smith, Graphics Patricia Guerrero, Word Processing POD, INC. Environmental Planning Ron Izumita, Principal Doug Campbell, Project Manager Gary Bye, Project Planner Debra Asher, Project Planner PBQ&D, INC. Transportation Planning Michael Scheider, Vice President Rober Goedhart, Senior Associate James Douglas, Transportation Planner ECONOMICS RESEARCH ASSOCIATES Economists David A. Wilcox, Principal Geraldine Kennedy, Associate MELVIN GREEN & ASSOCIATES, INC. Seismic Safety 75C-233 *:/ : 11-1 h WA 75C-234 *:/ : 11-1 h WA Table of Contents Noise Element Summary................................................................................................. 1 PlanningContext................................................................................... 6 Historical.......................................................................................... 6 Regional.............. Planning Process ....... Policy Plan ................. Planning Factors Noise Abatement 10 NoisePrevention........................................................................... 10 Goals, Objectives, Policies and Programs ........................................... 10 Goals............................................................................................... 10 Objectives....................................................................................... 10 Policies........................................................................................... 10 Programs........................................................................................ 11 Exhibits Exhibit 1 Framework Concept............................................................................... 3 Exhibit 2 Regional Context.................................................................................... 5 Exhibit 3 Planning Process.................................................................................... 8 Exhibit 4 Noise Abatement Areas........................................................................ 13 Exhibit 5 Transportation Noise Sources............................................................. 15 Exhibit 6 Required Distances from Transportation Noise Sources .................. 17 Tables Table 1 Interior and Exterior Noise Standards ................................................. 9 CITY OF SANTA ANA GENERAL PLAN 75C-235 *:/ : 11-1 h WA NOISE ELEMENT Thu page intentionally left blank. 75C-236 CITY OF SANTA ANA GENERAL PLAN =*A:I1-1hdp� Noise Element SUMMARY The new City of Santa Ana General Plan was developed through an extensive process of public participation involving citizens, elected and appointed City officials and City Staff. The General Plan has been developed to conform to state law and to meet local planning needs through the year 2000. Periodic updates ofthe new General Plan are anticipated. The General Plan builds upon Santa Ana's historical assets including the City's heritage as the governmental and financial center of Orange County and the buildings, districts and streetscapes which reflect this heritage. The General Plan anticipates two major potentials that can shape Santa Ana over the next several decades. The plan anticipates and maximizes the probability of the Countywide rapid transit system to be located in Santa Ana and encourages mixed use development and preservation m corridors and centers relating to this new access and visibility. The General Plan has three major sections: the Framework Plan, Policy Plan, and Environmental Impact Report. 1. The Framework Plan describes Santa Ana's overall planning strategy and program. This strategy reorganizes the City's land use and urban design structure to take maximum advantage of: • the economic development advantages offered by Santa Ana's historic regional location and functions • an improved multi -modal transportation system including: — Countywide rapid transit access to Santa Ana — improved local transit — improved auto access to major activity centers — a new Amtrak station — a downtown multi -modal transportation and bus center CITY OF SANTA ANA GENERAL PLAN 75C-237 *:/ : 11-1 h WA NOISE ELEMENT — a downtown shuttle system — new pedestrian connections within and between land use districts and to public transportation facilities. The Framework Plan provides an overview of the City's implementation program which includes: ■ continuing involvement of the community in developing the detailed implementation plans that will be developed for subareas of the Framework Plan • efficient processing of development and rehabilitation proposals by means of a Development Review Team • a carefully coordinated development program to foster and assist private investment through: — land assembly — coordinated provision of public improvements — Specific Plans — citizen participation coordination — low interest loans and grants — project promotion 2. The Policy Plan spells out the: • goals and objectives which underlie the Framework Plan • greater detail regarding implementation policies and programs supporting the Framework Plan. Together, the Framework Plan and Policy Plan envision a new image for Santa Ana consisting of: ■ increased economic activity to provide jobs and maintain a solid financial base for city services ■ improvement of Santa Ana's housing stock for a full range of income groups and lifestyles ■ the finest multi -modal transportation system in Orange County • a new physical environment consisting of: — preserved and enhanced viable Neighborhoods — District Centers combining new shopping facilities with recreational, cultural, education, employment and special housing types — improvement of Santa Ana's major Industrial Districts — Mixed Use Corridors with a range of uses similar to the District Centers but with more facilities related to regional transit and auto access. 2 75C-238 CITY OF SANTA ANA GENERAL PLAN NOISE Fk.I_MENT *:/:I1-1hWA Exhibit 7 Framework Concept CITY OF SANTA ANA GENERAL PLAN 75C-239 *:/ : 11-1 h WA NOISE ELEMENT Thu page intentionally left blank. 7 5 ^ w O CITY OF SANTA ANA GENERAL PLAN NOISE ELEMENT *:/:I1-1kiWA Exhibit 2 Regional Context CITY OF SANTA ANA GENERAL PLAN 75C-241 *AV : 11-1 h WA NOISE ELEMENT 3. The Environmental Impact Report contains: ■ an analysis of the impacts of implementation of the General Plan ■ an evaluation of alternative strategies and ■ mitigation means to insure compatibility of the proposed plans and policies. PLANNING CONTEXT HISTORICAL Santa Ana's rich history provides a legacy for community planning and revitalization in the 1980's. Santa Ana was founded in 1869 by William Spurgeon. The original town, laid out by Mr. Spurgeon, consisted of 24 blocks. The town served as a shopping center and post office for surrounding agricultural areas. In 1878 the Southern Pacific Railroad arrived and the Santa Fe Railroad followed in 1886. This encouraged development of the City. In 1889 the County seat was located in Santa Ana and this further stimulated the development of businesses, stores, financial institutions and hotels serving the metropolitan population. Citrus and walnut farms were still plentiful and buying and selling land became the number one enterprise. The First to 17th Street area was subdivided during the building boom of the 1880's. Many of the structures in downtown and the surrounding bungalow homes were built in the early 1900's and 1920's. The City is retaining and building upon its important governmental, retailing and employment roles in the County and the rich architectural and streetscapes heritage associated with the City's history. REGIONAL Santa Ana is geographically central to the developable land within Orange County. The City has excellent relationships to freeways, rail services via Amtrak and air transportation at the John Wayne Airport. Because of Santa Ana's geographic centrality and functional importance to the County, the Orange County Transit District is planning major fixed rail transit corridors in the Main Street and Pacific Electric right-of-ways. These regional transportation improvements, combined with improvements to freeway access points and local streets, provide Santa Ana with abundant development opportunities for the 1980's. 7 5 ^ w n CITY OF SANTA ANA GENERAL PLAN NOISE ELEMENT *AV : 11-1 h WA PLANNING PROCESS The Planning Process used in creating the Santa Ana General Plan is summarized in Exhibit 3 and related photographs. The process involved: ■ a 150-person Citizen Advisory Committee (CAC) to which all citizens applying were appointed by the City Council • the Planning Commissioners who served as chairpersons of five CAC subcommittees: Land Use and Urban Design, Circulation, Housing, Economic Development and Environmental Factors • the City Council who participated in goal setting and policy making workshops • the public -at -large who participated in a series of Town Forums and Public Hearings • City Staffwho worked with The Arroyo Group (TAG) in conducting the planning process and who evaluated the program as it evolved. The six key steps in the planning process were: Data Collection and Analysis. The data base for the previous General Plan was outdated and up-to-date census data was not available. Emphasis was placed on community definition of problems and opportunities through CAC and Staff Steering Committee workshops and mapping. TAG subcontractors also gathered key data in areas such as market demand, traffic, seismic, etc. This data was summarized and analyzed in a separate Problems and Opportunities Report. 2. Formulation of Goals and Objectives. Initial goals and objectives were developed through workshops, with the CAC and City staff. Several cycles of refinement were done by TAG based on input from the Planning Commission, City Council, CAC and staff. 3. Formulation of Subarea Alternatives. Santa Ana has a large number of fixed elements such as streets and land uses. Therefore, subarea plans were developed to provide alternative land use patterns in different parts of the City. Each subarea plan was related to an urban design framework previously approved by the CAC, Planning Commission and City staff 4. Formulation ofAreawide General Plan Alternatives. Areawide General Plan alternatives focused on different combinations of subarea plans. 5. Plan Selection Plan. Selection was done through a series of meetings with the CAC, Planning Commission and City staff. 6. Plan Refinement. Plan refinement was accomplished by staff review of a Preliminary Draft, and CAC, Planning Commission and Public -at -Large comments on a Public Hearing Draft. CITY OF SANTA ANA GENERAL PLAN 75C-243 NOISE ELEMENT Exhibit 3 illustrates some of the materials utilized during the planning process. Exhibit 3 Planning Process Formulation of Subarea Alternatives Data Collection \ (3) �— and Analysis Formulation of O Areawide General Plan —J1 Alternatives Formulation of Goals and Objectives i POLICY PLAN Plan Selection INTRODUCTION The Policy Plan section of the General Plan sets forth the detailed policies of the City relative to the framework Plan described in Section 1. Each element of the Policy Plan contains goals, objectives, implementation policies and implementation programs. Each element also contains a Planning Factors section which reflects the major issues identified through the citizen participation process. The Plan Components section of each element describes the planning and design concepts illustrated in the maps and provides an overview of implementation considerations. Noise has many sources, including industrial processes, vehicular transportation, use of amplified sound, construction, and human speech. Through careful land use planning, Santa Ana can ensure that the activities which produce result in minimal interference with the activities which are sensitive to noise. 8 75C-244 CITY OF SANTA ANA GENERAL PLAN *AV :I1-1111WA NOISE ELEMENT The City's goal is to minimize noise problems in areas sensitive to noise because Santa Ana is almost fully developed, the main focus of the Noise section is on remedial measures to deal with existing noise problems, prevention of new noise problems through proper arrangement of noise sensitive land uses in relationship to circulation systems and establishment of appropriate noise emission or insulation standards for the various land uses. PLANNING FACTORS Definition of undesirable or unhealthful noise levels must precede the goal of minimizing noise problems. The City adopts the following standards and guidelines for noise levels for land uses: Table 1 Interior and Exterior Noise Standards Categories Land Use Cate des Interior' Erterlor4 Residential Single-family, duplex, muld-family 45e 65 Instibidonal Hospital, school classmom/playgmunds 45 65 Church, library 45 Open Space Parks 65 NUMS: ' Interior areas (to include but are not limited to: bedrooms, bathrooms, Idfchens, living rooms, dining moms, closets, corddors/hallways, private offices, and conference rooms. R Exterior areas shall mean: private yards of single family homes, park picnic areas, school playgrounds, common areas, private open space, such as atriums on balconies, shall be excluded form exterior areas provided sufficient common area is included within the project a Interior noise level requirements contemplate a closed window condition. Mechanical ventilation system or other means of natural ventilation shall be provided per Chapter 12, Section 1305 of the Uniform Building Code. All Residential uses should be protected with sounds insulation over and above that provided by normal building construction when constructed in areas exposed to greater than 60 dB CNEL. The above standards and guidelines represent an appreciation that higher intensity land uses bring with them higher noise levels simply because more people are using these areas. Insuring low noise levels will help to insure that housing is kept will -maintained and keeps value over time, reducing municipal expenditures and maintaining revenues. CITY OF SANTA ANA GENERAL PLAN 75C-245 *AV : 11-1 h WA NOISE ABATEMENT Some areas of Santa Ana are exposed to levels of freeway or rail noise that are considered unacceptable for new residential development. Noise conflicts in such cases can be mitigated by providing barriers between the noise source and the residential use, or by providing sound insulation in existing residences. Generally, barriers should be provided to protect residential uses. Exhibit 4 illustrates transportation noise sources in the City and classifies arterial streets by the expected distance from the arterial where the noise level will exceed 60 dB CNEL or Ldn and sound insulation or barriers should be provided to protect residential uses. NOISE PREVENTION Potential noise problems may be prevented by ensuring that planning for residential uses carefully considers proximity to major transportations corridors and other noise generators. Adherence to proper noise -related setbacks for noise sensitive uses can reduce noise to acceptable or desirable levels for those uses. The distance required varies with the expected volume oftraffic. The distance may be reduced by providing walls or berms between the noise source and the use. The graph below indicates the required distance from transportation noise sources to achieve desired noise levels for a range of traffic flows. At the time development takes place, developments proposed in zones that would be incompatible under standards ofthe noise abatement plan are required to include a report indicating how these standards will be achieved. GOALS, OBJECTIVES, POLICIES AND PROGRAMS GOALS Goal 1 Prevent significant increases in noise levels in the community and minimize the adverse effects of currently -existing noise sources. OBJECTIVES 1.1 Prevent creation of new and additional sources of noise. 1.2 POLICIES 1 Reduce current noise levels to acceptable standards. Require consideration of noise generation potential and susceptibility to noise impacts in the sitting, design and construction of new developments. Re 7 5 ^ w 6 CITY OF SANTA ANA GENERAL PLAN *AV : 11-1 h WA NOISE ELEMENT measures of those new developments which generate high noise levels. • Sound insulate and/or buffer sensitive land uses such as housing from adverse noise impacts in noise -prone areas. • Minimize noise generation in residential neighborhoods through control or elimination oftruck traffic and through -traffic from these areas. PROGRAMS • Restrict new zoning in noise impact or abatement areas to non- residential uses. • Review zoning ordinances and modify as necessary to assure appropriate insulation and/or other noise reduction actions with respect to interior and exterior power and mechanical equipment. • Utilize the development approval process to assure that buildings are sited and internal and external traffic circulation systems designed so as to minimize the impact of noise -generating activities on nearby neighborhoods and noise -sensitive land uses. • Work with the California Department ofTransportation to develop a freeway noise mitigation program. • Prohibit truck traffic in residential neighborhoods. • Alleviate through -vehicular traffic in residential neighborhoods via implementation of recommendations in the Circulation section. CITY OF SANTA ANA GENERAL PLAN 7 5 ^ -n w 7 11 *:/ : 11-1 h WA NOISE ELEMENT Thu page intentionally left blank. 12 75^-2 4 8 CITY OF SANTA ANA GENERAL PLAN NOISE ELEMENT *:/:I1-1hWA Exhibit 4 Noise Abatement Areas G.rdm Gwn Garden Ga F..X.—V Flnl s.. NcF.dd.n A, EGna.r A Warner Ave. sade"' an Ave. sunllemrn E Ave. �/� Existing O.C. Airport a' r F1 r I :IN. .nProjected (Year 20001 nnllrwse V;1 t/ 65CNEL rrwovw At Grade , Depressed I „vim Elevated Existing Noise Barriers 16 Noise Sensitive Areas CITY OF SANTA ANA GENERAL PLAN 7 5 ^ -n w e 13 *:/ : 11-1 h WA NOISE ELEMENT Thu page intentionally left blank. 14 75^-250 CITY OF SANTA ANA GENERAL PLAN NOISE ELEMENT *:/:I1-1kiWA Exhibit 5 Transportation Noise Sources me tousand) 341+ 2030 15-20 10-15 CITY OF SANTA ANA GENERAL PLAN 75C-251 15 Distance From flight -of -Way to65 CNEL Contour 100+ feet 50.100 feet 25-50 feet 0-25 feet *:/ : 11-1 h WA NOISE ELEMENT Thu page intentionally left blank. 16 75C-252 CITY OF SANTA ANA GENERAL PLAN *:� : 11:1 ki WA Exhibit 6 Required Distances from Transportation Noise Sources 0 ,14Y 10 w* 110.000 30.= 401000 Traffic Volumes, Vehicles per Day CITY OF SANTA ANA GENERAL PLAN 75C-253 17 *:/ : 11-1 h WA NOISE ELEMENT Thu page intentionally left blank. 18 75C-254 CITY OF SANTA ANA GENERAL PLAN 1a1/2016 ARTICLE VI. - NOISE CONTROLi61 Santa Ana, CA Code of Ordinances EXHIBIT 2 Sec. 18-308. - Declaration of policy. In order to control unnecessary, excessive and annoying sounds emanating from areas of the city, it is hereby declared to be the policy of the city to prohibit such sounds generated from all sources as specified in this article. It is determined that certain sound levels are detrimental to the public health, welfare and safety, and contrary to public interest. (Ord. No. NS-1441, 1, 8-21-78) Sec. 18-309. - Definitions. The following words, phrases and terms as used in this article shall have the meaning as indicated below: Ambientno/se /eve/shall mean the all -encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. Cumulative period shall mean an additive period of time composed of individual time segments which may be continuous or interrupted. Decibel (dB) shall mean a unit which denotes the ratio between two (2) quantities which are proportional to power: The number of decibels corresponding to the ratio of two (2) amounts of power is ten (10) times the logarithm to the base ten (10) of this ratio. Dwelling unit shall mean a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation. Emergency machinery, vehicle or work shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. Fixed noise source shall mean a stationary device which creates sounds while fixed or motionless, including, but not limited to, industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment. Gradingshall mean any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon. Impact noise shall mean the noise produced by the collision of one mass which may be either in motion or at rest. Mobile noise source shall mean any noise source other than a fixed noise source. Noise level shall mean the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micronewtons per square meter. The unit of measurement shall be designated as dB (A). 75C-255 1/6 1011I2018 Santa Ana, CA Code of Ordinances EXHIBIT 2 Person shall mean a person, firm, association, copartnership, joint venture, corporation or any entity, public or private in nature. Residentia/propertyshaII mean a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. Simple tone noise shall mean a noise characterized by a predominant frequency or frequencies so that other frequencies cannot be readily distinguished. Sound level meter shall mean an instrument meeting American National Standard Institute's Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. Sound pressure /eve/of a sound, in decibels, shall mean twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-310. - Noise level measurement criteria. Any noise level measurements made pursuant to the provisions of this article shall be performed using a sound level meter as defined in section 18-309. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-311. - Designated noise zone. The entire City of Santa Ana is hereby designated as "Noise Zone 1." (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-312. - Exterior noise standards. (a) The following noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: NOISE STANDARDS Noise Zone Noise Level 55 dB(A) Time Period 1 7:00 a.m.-10:00 p.m. 50 dB(A) 10:00 p.m.— 7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB (A). (b) It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow 75C-256 aj 10/1I2018 Santa Ana, CA Code of Ordinances EXHIBIT 2 the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed: (1) The noise standard for a cumulative period of more than thirty (30) minutes in any hour, or (2) The noise standard plus five (5) dB(A) for a cumulative period of more than fifteen (15) minutes in any hour; or (3) The noise standard plus ten (10) dB(A) for a cumulative period of more than five (5) minutes in any hour; or (4) The noise standard plus fifteen (15) dB(A) for a cumulative period of more than one minute in any hour; or (5) The noise standard plus twenty (20) dB(A) for any period of time. (c) In the event the ambient noise level exceeds any of the first four (4) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-313. - Interior noise standards. (a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone: INTERIOR NOISE STANDARDS Noise Zone Noise Level 55 dB(A) 45 dB(A) Time Period 1 7:00 a.m.-10:00 p.m. 10:00 p.m.-7:00 a.m. In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five (5) dB(A). (b) It shall be unlawful for any person at any location within the City of Santa Ana to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential property, to exceed: (1) The interior noise standard for a cumulative period of more than five (5) minutes in any hour; or (2) The interior noise standard plus five (5) dB(A) for a cumulative period of more than one minute in any hour, or (3) The interior noise standard plus ten (10) dB(A) for any period of time. (c) In the event the ambient noise level exceeds either of the first two (2) noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the ambient noise level exceeds the third noise limit category, the maximum allowable noise level under 75C-257 M. 10/1/2018 Santa Ana, CA Code of Ordinances EXHIBIT 2 said category shall be increased to reflect the maximum ambient noise level. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-314. -Special provisions. The following activities shall be exempted from the provisions of this article: (a) Activities conducted on the grounds of any public or private nursery, elementary, intermediate or secondary school or college. (b) Outdoor gatherings, public dances and shows, provided said events are conducted pursuant to a license issued by the City of Santa Ana. (c) Activities conducted on any park or playground, provided such park or playground is owned and operated by a public entity. (d) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle or work. (e) Noise sources associated with construction, repair, remodeling, or grading of any real property, provided said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or anytime on Sunday or a federal holiday. (f) All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions. (g) Mobile noise sources associated with agricultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday. (h) Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the agricultural commissioner. (i) Noise sources associated with the maintenance of real property, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a federal holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a federal holiday. Q) Any activity to the extent regulation thereof has been preempted by state or federal law. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-315. - Schools, hospitals and churches; special provisions. It shall be unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in section 18-312 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three (3) separate locations within one -tenth (1/10 ) of a mile of the institution indicating the presence of a school, church or hospital. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-316. -Air conditioning and refrigeration; special provisions. 75C-258 W. 1a1I201S Santa Ana, CA Code of Ordinances EXHIBIT 2 During the five-year period following the effective date of this article, the noise standards enumerated in sections 18-312 and 18-313 shall be increased eight (8) dB(A) where the alleged offensive noise source is an air conditioning or refrigeration system or associated equipment which was installed prior to the effective date of this article. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-317. - Noise level measurement. The location selected for measuring exterior noise levels shall be at any point on the affected property. Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four (4) feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-318. - Manner of enforcement. The chief of police, the Orange County health officer and their duly authorized representatives are directed to enforce the provisions of this article. The chief of police, the Orange County health officer and their duly authorized representatives are authorized, pursuantto Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence. No person shall interfere with, oppose or resist any authorized person charged with the enforcement of this article while such person is engaged in the performance of his duty. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-319. -Variance procedure. The owner or operator of a noise source which violates any of the provisions of this article may file an application with the Orange County health officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee as established by resolution of the city council. A separate application shall be filed for each noise source; provided however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the health officer shall refer it with his recommendation thereon within thirty (30) days to the Orange County Noise Variance Board for action thereon in accordance with the provisions of applicable law. An applicant for a variance shall remain subject to prosecution under the terms of this article until a variance is granted. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-320. - Appeals. Within fifteen (15) days following the decision of the Orange County Variance Board on an application, the applicant, the health officer, or any member of the city council, may appeal the decision to the city council by filing a notice of appeal with the secretary of the Orange County Variance Board. In the case of an appeal by the applicant for a variance, the notice of 75C-259 M. 10/1I2018 Santa Ana, CA Code of Ordinances EXHIBIT 2 appeal shall be accompanied by a fee to be computed by the secretary of the Orange County Variance Board on the basis of the estimated cost of preparing the materials required to be forwarded to the city council as discussed hereafter. If the actual cost of such preparation differs from the estimated cost appropriate payments shall be made either to or by the secretary of the Orange County Variance Board. Within fifteen (15) days following receipt of a notice of appeal and the appeal fee, the secretary of the Variance Board shall forward to the city council copies of the application for variance; the recommendation of the health officer; the notice of appeal; all evidence concerning said application received by the variance board and its decision thereon. In addition, any person may file with the clerk of the city council written arguments supporting or attacking said decision and the city council may in its discretion hear oral arguments thereon. The clerk of the city council shall mail to the applicant a notice of the date set for hearing of the appeal. The notice shall be mailed at least ten (10) days prior to the hearing date. Within sixty (60) days following its receipt of the notice of appeal, the city council shall either affirm, modify or reverse the decision, of the variance board. Such decision shall be based upon the city council's evaluation of the matters submitted to the city council in light of the powers conferred on the variance board and the factors to be considered, both as enumerated in section 18-319 and Orange County Ordinance section 4-6-13. As part of its decision, the city council may direct the variance board to conduct further proceedings on said application. Failure of the city council to affirm, modify or reverse the decision of the variance board within said sixty-day period shall constitute an affirmance of the decision. (Ord. No. NS-1441, § 1, 8-21-78) Sec. 18-321. -Violations; misdemeanors. Any person violating any or the provisions of this article shall be deemed guilty of a misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. The provisions of this article shall not be construed as permitting conduct not prescribed herein and shall not affect the enforceability of any other applicable provisions of law. (Ord. No. NS-1441, § 1, 8-21-78) Secs. 18-322-18-350. - Reserved. 75C-260 M *:/:I1-1hWA Construction Noise Modeling 75C-261 4:/:I1-3111iPa Report date ######## Case Descr SNT-18 Roadway Construction Noise Model (RCNM),Version 1.1 ---- Receptor #1 ---- Baselines (dBA) Descriptior Land Use Daytime Evening Night Grading Residential 60 55 60 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%) (dBA) (dBA) (feet) (dBA) Grader No 40 85 80 0 Dozer No 40 81.7 80 0 Tractor No 40 84 80 0 Results Calculated (dBA) Noise Limits (dBA) Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Grader 80.9 76.9 N/A N/A N/A N/A N/A N/A Dozer 77.6 73.6 N/A N/A N/A N/A N/A N/A Tractor 79.9 75.9 N/A N/A N/A N/A N/A N/A Total 80.9 80.5 N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. 75C-262 *:/ : 11-1 h WA Noise Limit Exceedance (dBA) Day Evening Night Lmax Leq Lmax Leq Lmax Leq N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 75C-263 4:/:I1-3111iPa Report date ######## Case Descr SNT-18 Roadway Construction Noise Model (RCNM),Version 1.1 ---- Receptor #1 ---- Baselines (dBA) Descriptior Land Use Daytime Evening Night Building Cc Residential 60 55 60 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%) (dBA) (dBA) (feet) (dBA) Crane No 16 80.6 80 0 Man Lift No 20 74.7 80 0 Generator No 50 80.6 80 0 Tractor No 40 84 80 0 Welder/Torch No 40 74 80 0 Results Calculated (dBA) Noise Limits (dBA) Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Crane 76.5 68.5 N/A N/A N/A N/A N/A N/A Man Lift 70.6 63.6 N/A N/A N/A N/A N/A N/A Generator 76.5 73.5 N/A N/A N/A N/A N/A N/A Tractor 79.9 75.9 N/A N/A N/A N/A N/A N/A Welder/Torch 69.9 65.9 N/A N/A N/A N/A N/A N/A Total 79.9 78.8 N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. 75C-264 *:/ : 11-1 h WA Noise Limit Exceedance (dBA) Day Evening Night Lmax Leq Lmax Leq Lmax Leq N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 75C-265 4:/:I1-3111WA Report date ######## Case Descr SNT-18 Roadway Construction Noise Model (RCNM),Version 1.1 ---- Receptor #1 ---- Baselines (dBA) Descriptior Land Use Daytime Evening Night Paving Residential 60 55 60 Equipment Spec Actual Receptor Estimated Impact Lmax Lmax Distance Shielding Description Device Usage(%) (dBA) (dBA) (feet) (dBA) Drum Mixer No 50 80 80 0 Paver No 50 77.2 80 0 Pavement Scarafier No 20 89.5 80 0 Roller No 20 80 80 0 Tractor No 40 84 80 0 Results Calculated (dBA) Noise Limits (dBA) Day Evening Night Equipment *Lmax Leq Lmax Leq Lmax Leq Lmax Leq Drum Mixer 75.9 72.9 N/A N/A N/A N/A N/A N/A Paver 73.1 70.1 N/A N/A N/A N/A N/A N/A Pavement Scarafier 85.4 78.4 N/A N/A N/A N/A N/A N/A Roller 75.9 68.9 N/A N/A N/A N/A N/A N/A Tractor 79.9 75.9 N/A N/A N/A N/A N/A N/A Total 85.4 81.7 N/A N/A N/A N/A N/A N/A *Calculated Lmax is the Loudest value. 75C-266 *:/ : 11-1 h WA Noise Limit Exceedance (dBA) Day Evening Night Lmax Leq Lmax Leq Lmax Leq N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 75C-267 Exhibit 3 Revised Copy October 2019 I Response to Comments CENTENNIAL PARK/SANTA ANA COLLEGE PARK REPLACEMENT PROJECT City of Santa Ana Preporedfor City of Santa Ana Contact: Ron Ono, Administrative Services Manager Parks, Recreation and Community Services Agency — M 23 20 Civic Center Plaza, 2nd FLR., RM #272 Santa Ana, California 92702 714.571.4220 Prepared by: PlaceWorks Contact: Dwayne Mears, Principal 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 714.966.9220 info@placeworks.com www.placeworks.com 19 PLACEWORKS 75C-268 75C-269 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT INITIAL STUDY CITY OF SANTA ANA Table of Contents Section Page 1. INTRODUCTION...........................................................................................................................1-1 1.1 INTRODUCTION---------------------------------------------------------------------------------------------------------------------------------------...1-1 1.2 DOCUMENT FORMAT ---------------------------------------------------------------------------------------------------------------------------------- 1-1 1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES --------------------------------- 1-2 2. RESPONSE TO COMMENTS......................................................................................................2-1 APPENDICES Appendix A Mitigation Monitomig and Reporting Program Appendix B Reference Material to Letter C October 2019 Page i 75C-270 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA Table of Contents Tbi _pTe intentionally left blank - Page ii Place[I%rkr 75C-271 1. Introduction 1.1 INTRODUCTION This document includes a compilation of the public comments received on the Centennial Pack/Santa Ana College Park Replacement Project Mitigated Negative Declaration and Initial Study (collectively, "MND' ; State Clearinghouse No. 2019089067) and the City of Santa Ana (City) responses to the comments. Under the California Environmental Quality Act (CEQA), a lead agency has no affirmative duty to prepare formal responses to comments on an MND. The lead agency, however, should have adequate information on the record explaining why the comments do not affect the conclusion of the MND that there are no potentially significant environmental effects. In the spirit of public disclosure and engagement, the City as the lead agency of the Centennial Park/Santa Ana College Park Replacement Project has responded to all written comments submitted during the 30-day MND public review period, which began August 21, 2019, and closed September 19, 2019. 11� 1Z1Zd11141:1►111to] C114F_1I This document is organized as follows Section 1, Introduction. This section describes CEQA requirements and content of this document Section 2, Response to Conunents. This section provides a list of all entities commenting on the MND, copies of comment letters received during the public review period, and individual responses to written comments. To facilitate review of the responses, each comment letter has been reproduced and assigned a number. Individual comments have been numbered for each letter, and the letter is followed by responses with references to the corresponding comment number. Appendix A, Mitigation Monitoring and Reporting Program. The Mitigation Monitoring and Reporting Program (M IRP) lists all the mitigation measures required for implementation of the project, the phase in which the measures would be implemented, and the enforcement agency responsible for compliance. The monitoring program provides 1) a mechanism for giving the lead agency staff and decision makers feedback on the effectiveness of their actions; 2) a learning opportunity for improved mitigation measures on future projects; and 3) a means of identifying corrective actions, if necessary, before irreversible environmental damage occurs. Appendix B. Referencematenal to Cbr=ent Letter C. October 2019 75C-272 Page 1-1 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 1. Introduction 1.3 CEQA REQUIREMENTS REGARDING COMMENTS AND RESPONSES CEQA Guidelines Section 15204 (b) outlines parameters for submitting comments on negative declarations, and reminds persons and public agencies that the focus of review and comment of MNDs should be "on the proposed findings that the project will not have a significant effect on the environment If the commenter believes that the project may have a significant effect, it should: (1) Identify the specific effect, (2) Explain why they believe the effect would occur, and (3) Explain why they believe the effect would be significant. Comments are most helpful when they suggest additional specific alternatives or mitigation measures that would provide better ways to avoid or mitigate the significant environmental effects. At the same time, reviewers should be aware that the adequacy of an EIR is determined in terms of what is reasonably feasible. ...CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters. When responding to comments, lead agencies need only respond to significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the EIR. CEQA Guidelines Section 15204 (c) further advises, "Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence." Section 15204 (d) also states, "Each responsible agency and trustee agency shall focus its comments on environmental information germane to that agency's statutory responsibility." Section 15204 (e) states, "This section shall not be used to restrict the ability of reviewers to comment on the general adequacy of a document or of the lead agency to reject comments not focused as recommended by this section." Finally, CEQA does not require a lead agency to conduct every test or perform all research, study, and experimentation recommended or demanded by commenters. When responding to comments, lead agencies need only respond to potentially significant environmental issues and do not need to provide all information requested by reviewers, as long as a good faith effort at full disclosure is made in the environmental document. Page 1-2 PlacelVorkr 75C-273 Revised - Added Reference "Y - Revised Page Summaries 2. Response to Comments This section provides all written comments received on the circulated N 1ND mid the City's response to each comment. The City received following comment letter on the circulated MND during the public review period. Number Reference Commenting Person/AgencyPerson/Agency Date of Comment Page No. A Orange County Transportation Authority September 18, 2019 2-3 B Department ofTransportaton September 19, 2019 2-5 C Santa Ana Unified School District September 3, 2019 2-9 D Aguilar Residence September 16, 2019 2-11 E Governor's Office of Planning and Research September 20, 2019 2-17 October 2019 75C-274 Page 2-1 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments Tbi _pTe intentionally left blank - Page 2-2 PlaceWorkr 75C-275 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments LETTER A — Orange County Transportation Authority (1 page) FnLeltter A OCTA rmr Smw cr ea, ser�x � Lse h anliae AiMR� ewg elun.f cn�m. nlar� J Wllki}C prtcp� oexv P�aev r&omY Ln Ah�V�r a.� Al9'.y1 ,µ'mM• PY�V r�eneb+�.na'a nxyu�Ir:.vA� A CONY ]Tee u�. amw =maw P+oc pTpSy 1 5Me.1Nr8vM1vn irwnx F]�LTNw'wMri- F'OC MM �,�,ar�,saarr3.�ssr GWRVE IgIrY�Ar LTMf EaeoolrVe �,µun September 18, 2019 Mr. Ron Ono Administrative Services Manager City of Santa Ana 20 Civic Center Plaza, 2" FLR., RM. A272 Santa Ana, CA 92702 Subject Centennial Park)Santa Ana College Park Replacement Project Initial Study Dear Mr. Ono: Thank you for providing the Orange County Transportation Authority (OCTA) with the Initial Study for the Centennial ParklSanta Ana College Park Replacement Project (Project). The fallowing comment is provided for yrur consideration: • Please note that Raitt Street north of Myrtle Street is designated as a Secondary (four -lane undivided) Arterial per the Orange County Master Pen of Arterial Highways (MPAH). Please ensure the proposed Projed preserves right-of-way necessary to buildout Raiff Street consistent with the MPAR Throughout the development of this project, we encourage communication with OCTA on any matters discussed herein. If you have any questions or comments, please contact me at (714) 560-5907 or at dohutBiacEa net. Sincerely, ,7,— ❑an Phu Manager, Environmental Programs oww" a wly Tiam m rk. Aufhonq W SPrAfl,WM MOW VV.. fl N14W t G) ./Ga'AbrM GRUBS- OW 117W 5W-WY'A AVZ A-1 October 2019 75C-276 Page 2-3 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments A. Response to Comments from Dan Phu, Manager, Environmental Program, Orange County Transportation Authority, dated September 18, 2019. A-1 The City of Santa Ana acknowledges that Raitt Street north of Myrtle Street is designated as a Secondary (four -lane undivided Arterial per the Orange County Master Plan of Arterial Highway (MPAII). The comment is noted, and the City will preserve the right- of-way necessary to buildout Raitt Street consistent with the MPAH at the time of detailed site plan preparation. No change to the Initial Study/MND is necessary. Page 24 PlacelVorkr 75C-277 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA LETTER B — California Department of Transportation (2 page) DEPARTMENT CIF TRANSPORTATION DISTRICT 12 1750 EPSTFOURTH REET,SUITE100 SANTA ANA, CA 92 05 PHONE (657) 32&6 67 FAX 1657) 32&6510` TTY 711 I` W .dot,cagov SepfemTr 19, 2019 Mr. Ron (Pno City of Sgnta Ana 20 Civic enter Plaza Santa Aria, CA 92701 Dear Mr, pno, 2. Response to Comments Revised - Changed Letter "B" to CalTrans Letter B Making Conservation a California Way of Ute. File: IGR/CEQA SCH#: 201089067 12-ORA-2019-01225 1- 5 32.132 Thank yo for including the California Department of Transportation (Caltrans) in the revie v of the Mitigated Negative Declaration (MND) for the proposed Centenn ol Park/Santa Ana College Park Replacement Project. The mission of Caltrans to provide a safe, sustainable, integrated and efficient transportation system tc enhance California's economy and livability. The prop sed development will replace Centennial Park with 3 parks at various locations in the City of Santa Ana. The location closest to Caltrans facilities is a 0.42-acr park located on the intersection of 6m Street and Lacy Street, in the City of S fa Ana, west of Interstate 5 (1-5). Caltrans [so commenting agency and haste e following comments: er providing appropriate safety measures for bicyclists and B 1 ons in the project area, especially near the 6th Street site next to I Elementary School. Examples may include wayfinding signage, ntal crosswalk striping, and connections to existing and proposed facilities. These improvements increase regional connectivity, Yge Active Transportation, improve air quality, and reduce The existing Class I Pacific Electric Bicycle Trail is located directly R-2 adjacent to the McFadden Site/Pacific Electric Park Site. Please ensure that a direct connection to the trail is maintained. According to the City of Santa Ana's Bicycle Master Plan (2019), B-3 there are numerous existing and proposed bicycle facilities located near the Raitt Street Site, including an existing Class 11 facility on Bristol Street and proposed Class II and III facilities an Walnut Street. "Peovideamfe, anrtainable, Mkga da e&rc tlrimajlwbkan byekm to enho CaVt Wa'sec m)and1i bdiry" October 2019 75C-278 Page 2-5 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments City of Santa na September 19 2019 Page 2 Calfrans recommends accommodating for these wdsfing and proposed bicycle facilities. There are numerous key destinations located near the 6th Street Site, including Garfield Elementary School, the Santa Ana Regional B-4 Transportation Center, and Downtown Santa Ana. Cdltrons recommends that safe connections to these destinations are developed and/or maintained. xoject work proposed in the vicinity of the State Right -of -Way (ROW) I require an encroachment pen -nit and all environmental concerns be adequately addressed. If the environmental documentation for roject does not meet Caltrans's requirements for work done within ROW, additional documentation would be required before Dval of the encroachment permit, Please coordinate with Calfrans to requirements for any work within or near State ROW. For specific Is for Encroachment Permits procedure, please refer to the Caltrans's �ochment Permits Manual at: B-5 Please c ntinue to keep us informed of this project and any future B-6 develop ents that could potentially impact State transportation facilities. If you have any questions or need to contact us. please do not hesitate to contact Jude Miranda, at (657) 328-6229 or Jude.Miranda@dof-ca.aov. Sincerely, llliy-ror SCOTT S LLEY Branch C iielf, Regional-IGR-Transit Planning District I "Rovidta vak, ausiatnabie, inee�aredand tixibdity �c¢nebaavian ayemm ro nn/miaa Ca[�ua's erormmYnMbdryy" Page 2-6 Placetf/orkr 75C-279 CENTENNIAL PARUSANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments B. Response to Comments from Scott Shelley, Branch Chief, Regional-IGR-Transit Planning, District 12, California Department of Transportation, dated September 19, 2019. B-1 The comments are noted. Comments will be forwarded to the decision makers to consider providing appropriate safety measures for bicyclists and pedestrians in the project area. Comments do not require changes to the IS/MND and no additional response is necessary. B-2 The comments are noted. The direction connection to the existing Class I Pacific Electric Bicycle Trail will continued to be maintained. No further response is necessary. B-3 The comments are noted. Comments will be forwarded to the decision makers. Comments do not require changes to the IS/MND and no additional response is necessary. B-4 The comments are noted. Comments will be forwarded to the decision makers. Comments do not require changes to the IS/MND and no additional response is necessary. B-5 The comments are noted. Comments will be forwarded to the decision makers. Comments do not require changes to the IS/MND and no additional response is necessary. B-6 The comments are noted. Comments will be forwarded to the decision makers. Comments do not require changes to the IS/MND and no additional response is necessary. October 2019 75C-280 Page 2-7 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments Tbi _pTe intentionally left blank - Page 2-8 PlaceWorkr 75C-281 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments LETTER C — Santa Ana Unified School District (1 page) Letter C Santa Ana Unified School District - t Allan Rasmussen, EdA °snuoava�' Richard "tamer Interim Cd SYperhstenden4s n£ Sehnnls. SepternwT 3, 1019 City of Santa Ana 2tj Civic Center PLim M-36 P-Q. Sox 1988 Santa Ana, CA 92702 Sttbjad, Centennial Patio; Santa Ana. College Park Roplacerticat Project To whow it may concern: The Facilities Planning Department of the Santa Ana Uaifie School District has reviewed the Mitigated Negative 1Jeclaratinn and initial Study (MNC)/I8) tnr the Centennial Park 1 Santa Ann College Park Replacement Pmject hereafter ["the Projmr). The proposed project involves the construction and operation of replacement parklands in lieu of the 16-am college site. The project consists of two replacement parklands: S'a Street Site and Raitt Street Site in the City of Santa Ann. Generally, thr pmjeet ha_s less than Significant cnvimnmcntal iuWcts with mitigation mcaamres incorporated for various cmiroumcntrrl factors. The 6 strict concurs with the rccommended nlltignOn meuttivs. We have reviewed the MNIDIIS for the Project and have determined iltere are no areas of concern. Therefore. the Dishict is supportive oFthe Project and hopes that it moves £orwclyd expeditiously. sincerely, Orin Williams, Assistant Superintendent Facilities and Governmental Relations C-1 October 2019 75C-282 Page 2-9 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments C. Response to Comments from Orin William, Assistant Superintendent, Santa Ana Unified School District, dated September 3, 2019. C-1 The comment acknowledges that the Santa Ana Unified School District reviewed the IS/N 1ND and is in support of the proposed project. No areas of concern were included. Comments will be forwarded to the decision makers. Comments do not require changes to the IS/MND and no additional response is necessary. Page 2-10 PlaceWorkr 75C-283 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA LETTER D — Aguilar Residence (4 page) Aguilar Residence 1732 W. Myrtle Sheet Santa Ana, CA 92703 xia, ditivottelaamail.com September 16, 2019 Dwayne Mears, Principal PlaceWorks 3 MacArthur Place, Suite 1100 Santa Ana, CA 92702 714 966 9200 Dear Mr. Dwayne Mears, 2. Response to Comments Revised - Changed Letter D to Agular Reference Letter D I'm reaching out on behalf of my household and neighborhood community, in regards to the Rain Street Site, part of the Centennial Park/Santa Ana College Park Replacement project. It is exciting news that the city of Santa Ana is attempting to dnprove our community by providing a neighborhood pads Per the Initial study report and letter mailed to neighborhood residents, it appears the conceptual site plan Is moving forward with adding a Skate Area, as welt at the Sixth Street Site. There is no need of multiple skaleparks within short distance, We have high concerns with commissioners creating a skate area at our home neighborhood. For the safety of cur children. sanims, others. and the quality of our life, please do not add a skate park area at the Rain Street site. It will lead to arise in vandalism, crime, traffclfootlraffc, noise Increase. caused by skateboard wheels, and homeless Population. Extend the green floral area to where the skate area Is proposed. Attached you'll find crime feportgtomeless slats and Images of neighborhood vandalism for your information and records. Please lake our community concerns into consideration along with the Community Petition. Note, our community was not well informed about the Raitt Site project and its progress.I provided my contact Info to William Sandoval, Community Services Supervisor, City of Santa Ana, and his team, at the few meetings that I was aware of. Yet. I did not receive updates for the remaining of the meetings. I smelled my concerns to Mr. Sandoval in early July. He replied with stating my concerns WIN be presented all a future Board of Recreation and Parks meeting, and welcome to stand, That he would follow back with a confirm date. I never heard back from him and missed another opportunity to participate With the community project and share our thoughts. We appreciate PlawWorkslCity, of Santa Ana reaching out in mid August 2019 to welcome our comments and project concerns as a community. We are not in favor of opening a skate park area at our future neighborhood park- If you have any additional questions, or would like to further discuss our concems, you're welcome to reach my me at, > 483 5270, Best vette community Peabon Regarding Ra119Myrtle SiteSanta Ana. CA 027091 Area p5 Sep:etnher2019 Peril comurbais son. el sign Raitt r Myrtle, Santa Ana, CA 927031 Mee a S., iembre de 2019 D-1 D-2 October 2019 75C-284 Page 2-11 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments We, the undersigned neighbors of the Rain and Myrtle, Mid City Community, Santa Ana, California, hereby vehemently oppose the opening of a skate park proposed to be located at the anticipated neighborhood park, RaittlMyrtle Site. We are concerned that the proposed modification could result in the following (there may be others not known at this time): I D-3 1. Reduced access to our neighborhood and parking I D-4 2. Reduced quality of life I D-5 3. Daily inconveniences and problems with the neighborhood I D-6 4, Increased cut -through traffic D-7 5. Safety of children, seniors, and others 6. Increase of homeless residing at the area 7. Increase of noise - caused by skateboard wheels D-8 We feel this type of facility (skate park) will be detrimental to our neighborhood and should be D-9 located in a nonresidential area. For example at an Industrial or commercial area. Thank you. Nosotros, los vecinos obajo frmantee do Raitt and Myrtle, Mid City Community, Santa Ana, California, per este media nos oponemos vehemente a Is apertura de un parque de patinaje y bar'Sos p6blioos quo se propene ublear an el anticipado parque del vecindario, Raitt 1 Myrtle Sitio. Nos preocupa qua Is modificaci6n (porous de patinaje) propuesta puada resultar an to siguiente (puede haber obas preocupaciones qua no se conocen an este momenta): 1. Acceso reducido a nuestro vecindario 2. Caltdad de vida reducida 3. Inconveneentes diaries y problemas con at barrio 4. Aumento del trafico de cone 5. Seguridad de ninos, adultos mayores y civiles 6. Aumento de [as personas sin hogar qua residen an at area 7- Aumento de rude - causado par las ruedas del patinaje Creemos qua este tips de instalaci6n sera perjudicial pare nuestro vecindario y dabs ubicarse an un area no resldencial. Pox ejemplo, an area industrial o oomeroial. Gractas. Cummunii, Pantien RegeMing neitUMyNe Sim, Santa Ana, CA 927C31 Ama 56 September 21319 Perci6n wmunitaria wire el silt Rein I Mynle. Santa Ana, CA 927D3I Area 4 5 Scptiembre de 2D19 Page 2-12 PlacefVorkr 75C-285 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments Name I Nombre Address' IIDomedho Rignature Firma Date I Facha 9-il 2a 9' �-0 - Z�/ 9 V r' m—Lw. � L of k u'dae koor [13z W, rHt Sf f / 2Qi9 on 1721� W !4 r C:.L cr,q 1726 W r'1- CI7 IN 1736 - 4 1'cu�eAl, err 1734. is Rrit Angel Alm 173G V AWR PA n4 117,fq w !A iM 9/1 8% 9 i i 1 17116 la ifcs s . ' .✓ /g l// 0 F•ottS7 Aug v k' 9-/ /9 S el% -No ' r saw- r n N v ' oe Cammueky RaUibn R"an:11M Ra'[Wtvi1a 60, Santa Arta, CA 921031 Area i September 2019 PMU6n mmunllar® sob® el elio Raitt I MyMe, Santa Ana, CA 927031 Araa R 5 Sop9emb. de 2019 October 2019 75C-286 Page 2-13 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments Name I Nombre Address I Domecilio Signature I Firma Date I Focha _ // // T i 5 ¢ Nc4Fr (La r lPIA iA 171J`W-WQ,OrSV °� ,i [4 II& (i�arv•. sa ipc^Go i� JW r� ZF f 4 17 to W, M `(* IV, Community Petition Regarding RaltVMyrde Site, Santa Ana, CA 927031 Area #5 September2019 Paticidn cam uniaria eobre el siW Ra id l Myna, Santa Ana, CA 92703 i Area N 6 Saptiambre do 2010 Page 2-14 PlaceWorkr 75C-287 CENTENNIAL PARUSANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments D. Response to Comments from Ivette Aguilar, 1732 W. Myrtle Street, Santa Ana, CA 92703, dated September 16, 2019. D-1 The comment is concerned about providing a skate area at Raitt Street pack replacement site. The comment welcomes the addition of a neighborhood park in the area but asserts that a skate area will lead to a rise in vandalism, crime, traffic/foot traffic, noise increase, and homeless population. The commenter proposes extend the green flora area to where the skate area is proposed. The accompanying information on crime report/homeless statistics, and images of neighborhood vandalism are attached as Appendix B to this document as they do not require a written response. There is no evidence that providing a skate area will increase crime and vandalism. The provided crime report and vandalism photos represent existing condition of the area. A vacant site typically has a variety of maintenance issues and attracts trash, vandalism, and other unwanted activities. Development of a pedestrian parkwould increase activities and surveillance around the area, and likely to reduce collection of trash and other crime and vandalism issues. The issue of homeless population in the City is unrelated to providing a skate area in the park Although a skate area will increase noise levels in the area, as discussed in Section 3.12, noise generated from the skate area in the Raitt Street Site would not result in a significant impact. Comments will be forwarded to the decision makers for consideration. No change to the IS/MND is necessary. D-2 Comments are unrelated to environmental impacts of the proposed project, and does not involve notification process of the IS/MND. As stated in the comment, the Notice of Intent (NOI) for the IS/MND was properly notified. Comments will be forwarded to the decision makers for consideration. No change to the IS/MND is necessary. D-3 The neighborhood park is a pedestrian park intended to serve the area residents. As discussed in the Initial Study Section 3.16(a), the projected traffic generated by the Raitt Street Site parkwould be less than 6 daily trips. Therefore, it is unlikely that the proposed project would reduce access to the neighborhood and parking. D-4 There is no evidence that providing a skate area will reduce quality of life. Moreover, it should be noted that CEQA Section 15131(a) provides, "Economic or social effects of a project shall not be treated as significant effects on the environment. An EIR may trace a chain of cause and effect from a proposed decision on a project through anticipated economic or social changes resulting from the project to physical changes caused in turn by the economic or social changes. The intermediate economic or social changes need not be analyzed in any detail greater than necessary to trace the chain of cause and effect. The focus of the analysis shall be on the phjsical changes." [Emphasis added] No evidence has been submitted to support the assertion that the quality of life would decline as a result of the proposed project, or the skate area would impose higher crime and safety threats. Because no evidence supports such a finding, resulting economic or social effects are October 2019 75C-288 Page 2-15 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments speculative. Therefore, the effects on quality of life are not required to be analyzed in the Initial Study. D-5 The comment does not specify what the daily inconvenience and problems with the neighborhood would arise from the inclusion of skate area at the park Comment is too speculative, and no response is necessary. See Response D-4. D-6 Raitt Street Site is proposed as a pedestrianparkwith limited traffic As stated in Response D-3, increase in cut through traffic is not anticipated. D-7 The safety of children, seniors, and others, and increase of homeless residing at the skate area are general opinion of the commenter without any substantial evidence. The Initial Study evaluates physical impacts of the proposed project. CEQA Guidelines Section 15204 (c) advises, "Reviewers should explain the basis for their comments, and should submit data or references offering facts, reasonable assumptions based on facts, or expert opinion supported by facts in support of the comments. Pursuant to Section 15064, an effect shall not be considered significant in the absence of substantial evidence" Therefore, where comments provided a generalized opinions, assertions, and speculations as facts without any explanation for the comments, data, references, or expert opinion supported by facts, such comments do not warrant further evaluation in the Initial for significance determination. Therefore, while these general oppositions will be forwarded to the City's decision makers for consideration, no changes to the Initial Study is required and no further response is necessary. D-8 Although a skate area will increase noise levels in the area, as discussed in Section 3.12, noise generated from the skate area in the Raitt Street Site would not result in a significant impact. Comments will be forwarded to the decision makers for consideration. No change to the IS/MND is necessary. D-9 See Response D-7. Page 2-1 G PlaceWorkr 75C-289 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments Revised - Added Letter E LETTER E — Governor's Office of Planning and Research, State Clearinghouse and Planning Unit (1 page) STATE OF CALIFORNIA Governor's Office of Planning and Research State Clearinghouse and Planning Unit Gavin Newsom Governor Seplembcr 20, 2019 Ron Om Santa Ana, CRY of 20 Owe, Center Plana, 2nd Flom 2019089067 Santa Ana, CA 92701 Subject: Centennial ParleSama Ana Cailege Park Replacement Projeet SCHk: 2019039067 Dear Ron Ono Letter E ��wwar"d� Kate Gordon Director The State Clearinghouse aubmibed the above named MND to selected state agencies for review, The review period closed on 949/2019, and m state agencies submitted comraenm by that date. This letter acknowledges that you havo complied with the Swic Clearinghouse review rNairemente for draft environmental documents, pursuant to the California 1mvironmanml Qual ly Act, htlpsllceganet.apr.ca.gov1201908906712, Pfisw call the State Cleminghotue at (916) 445-0613 if you have any questions regarding dre environmental review prx s. If you have a question about the above -named project, Please refer to the ten-digft State Clearinghouse, number whw. contacting this nftcc.. Sincerely, Scoa Hagan Directur, State Clearinghouae t4001 BN L It SERIBUT PO. BOX 3044 SACRANI3SI0, CAIJFbRN1A 93812J044 TEI.tA1G446-0613 siet¢.clwringlrcual�aprca.am www.aprcasov E-1 October 2019 75C-290 Page 2-17 CENTENNIAL PARKISANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA 2. Response to Comments Revised - Added Response to Comments For Letter E E. Response to Comments from Scott Morgan, Director, State Clearinghouse, dated September 20, 2019. E-1 The comment states that no state agencies have commented on the proposed project, and acknowledges that the District has complied with the State Clearinghouse review requirements. No further response is necessary. Page 2-18 PlaceWorkr 75C-291 CENTENNIAL PARUSANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA Appendix Appendix A Mitigation Monitoring and Reporting Program October 2019 75C-292 CENTENNIAL PARUSANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA Appendix Tbi _pTe intentionally left blank. 75C-293 Placework< WE I I O a I i O m 0 O m m c c N N `o `o CJ CJ m m c c 0 0 a a CJ CJ 5 m w .sue CJ O_ a p= c O E ry O- O _ N '= O Z2z w J � Q c � O m vi iC-294 O d a O d a .. Q O � � c � O C �a O N E N ~ i C ol I�a m m m m c c c c c m c m c m c m N N N N O O O O T T T T m m m m c c c c c m c m c m c m N N N N O O O O T T T T u I IU I lU I IU _ N O (p >> d ry C N O o .K d— c "o c m d c o ti a>i co a� o o E O w O c7 z d cOi O a` N 75C-295 CENTENNIAL PARUSANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA Appendix Appendix B Reference Material to Letter D October 2019 75C-296 CENTENNIAL PARUSANTA ANA COLLEGE PARK REPLACEMENT PROJECT RESPONSE TO COMMENTS CITY OF SANTA ANA Appendix Tbi _pTe intentionally left blank. 75C-297 Placework< MAPPING TH om Crime Incidents 08-16-2019 to 09-16-2019 (32 Days) 266 Records Day of Week Summary ■ Agaua ■ aufoary Dkimdng Pa r Onpa! M OV ■ DUI n: VMJd ■ Ma V-hkM Thal) ■ Rabb" ■ sea Crane larceny ■ VehW& ereak4n/ Theft Maws Sunday Monday ®� Tueeaay WewrwaY ThuMay Fn Y saawHY 0 10 20 30 40 s0 s0 70 Crime Summary WM Loamy sub Robb" Burry Mohr YMJda 7hM -. Fr BVI Ditq�i Nodnl -- OaMaanpP 75C-298 Crimemapping.com Record/Chart Report: August 1, 2019 - September 15, 2019 oil 'R •� OU au Of Land Manage- �t � � r w wYnut $r w P,YY 51 oil /1 CFYYMYI FYY w �w w !may e+emau 9t S.SNI Ft9tt3flEln :. Community Petition Regarding Ra!tUMyrtle Site, Santa Ana, CA 92703 1 Area #5 Peticihn comunitaria sabre el sitio Raitt 1 Myrtle, Santa Ana, CA 92703 1 Area # 5 September 2019 Septiembre de 2019 75C-299 Homeless Stats Per orange County Register article, by Alicia Robinson Published April 24, 2019 at 8:OOAM I UPDATED: May 7, 2019 at 8:12AM Hcmnl' Cian.,r 2a. Nonwless bit reglee�' South 7W Central a,aa2 North 2,765 -in 2018 Homeless N pty (Top sle) Santa An= a,789 Anaheim 1,202 Fullerton 478 Tustin 352 Hut11. Beach UO oranpe 341 UneWteredtoent► Veterans Ixu seniors '011bnx iniervirw d 422 ,Reachca"G M 8anr6e Ew"fo Ca,Mf 2 D19 Nntinrine&mmer SCN3 Community Petition Regarding Raitt/MyrLe Site, Santa Ana, CA 92703 1 Area #5 September 2019 Petici6n comunitaria sabre at side Raitt / Myreo, Santa Ana, CA 927031 Area # 5 Septiembre de 2019 75C-300 Figure t b. Image of found empty alcohol bottle on side of street Myrtle street acrss of future neiahborhood park. Fig. Ia. Fig. lb. Community Petition Regarding RaittlMyrde Site, Santa Ana, CA 92703 1 Area #5 September 2019 Petici6n comunitaria sabre at side Raitt l Myrtle, Santa Ana, CA 927031 Area # 5 Septiembre de 2019 75C-301 Flatire2b a Image abandon Wece of fumiture on sidewalk of Bilitt Street'41-5 and §23 a. Mitt St., at 2 weeks 1 Fig. 2a. Community Petition Regarding RaitUMyrtle Site, Santa Ana, CA 92703 1 Area 45 September 2019 Peticidn comunitaria sobre at sitio Raitt 1 Myrtle, Santa Ana, CA 92703 1 Area # 5 Septiembre de 2019 75C-302 Fig. 2b. Community Petition Regarding RaitUMyrtle Site, Santa Ana, CA 92703 Area #5 September 2019 Petici6n comunitaria sobre el silo Raitt ! Myrtle, Santa Ana, CA 92703 Area # 5 Septiembre de 2019 75C-303 Hgure 3a• Image vandaiismltrashlalcohol found on the side street post located on Myrtle W. Street - future nejghborhood Farts. Fig. 3a. Community Petifion Regarding RaittlMyrtle Site, Santa Ana, CA 92703 1 Area #5 September 2019 Petici6n comunitaria sobre el sitio Raitt I Myrtle, Santa Ana, CA 92703 1 Area # 5 Septiembre de 2019 75C-304 Fig. 3b. Community Petition Regarding RaitUMyrtle Site, Santa Ana, CA 92703 1 Area 45 September 2019 Petici6n comunitaria sobre el site Raitt / Myrtle, Santa Ana, CA 92703 1 Area # 5 Septiambre de 2019 75C-305 NEWS > LOCAL NEWS Nearly 7,000 are now homeless in Orange County, according to more accurate count The 2019 count, conducted in January, involved more volunteers in more places surveying a greater number of people than previous counts Anthony Genoba was interviewed by Fritz Von Coelln during the 2019 Point In Time count of homeless people in Orange 75C-306 County on Wednesday, January 23, 2019. (Photo by Bill Alkofer, Contributing Photographer) By ALICIA ROBINSON I arobinson@scng.com I The Orange County Register PUBLISHED: April 24, 2019 at 8:00 am I UPDATED: May 7, 2019at8:12am In what may be the most accurate count of Orange County's homeless population ever, there's a significant uptick in the number of people without a permanent home, but the data released today, April 24, also shows more than twice as many homeless people in shelters now versus two ears a o. ---Y .-_.._Ago Preliminary data from the most recent federally mandated Point in Time count found 6,860 homeless people in Orange County, with 2,899 of those - a little more than 42 percent - having some kind of emergency or transitional shelter. RELATED; Which cities have the most homeless living — _, without shelter? It seems like a big jump from the 2017 tally of 4,792 homeless people (it's about a 43 percent increase), but Orange County officials said it would be misleading to make a direct comparison because this year's survey was much more thorough and sophisticated than in previous years. RE LATED: See the countys announcement with the ___..__...._.........._................._—_-. _--. Preliminary report. ._... ..-.... -,............ Officials suspected past counts were too low because volunteers only interviewed about 300 to 400 homeless people and extrapolated the numbers based on countywide demographics, Orange County CEO Frank Kim said. 75C-307 This year's effort was a full- ...........° So_qq_pjess involving service roviders law enforcement and more than 1,000 volunteers who used electronic mapping to mark where homeless people were sleeping or hanging out. It also included a 28-question survey that more than 2,200 homeless people filled out completely. By contrast, 285 people answered the 2017 survey. Having more and better data may help bust some common misconceptions about why homeless people are here, Kim said, noting that 73 percent of unsheltered homeless said their last permanent address was in Orange County, and more than half reported having local family or some other tie to the area. Also Homeless count In Orange County 4,792 2018 6,860 Homeless by region* South 763 Central 3,332 North 2,765 'in 2018 Homeless by city (Top six) Santa Ana 1,769 Anaheim 1,202 Fullerton 473 Tustin 359 Hunt, Beach 349 Orange 341 Unsheltered count* Veterans 212 Seniors -Of those interviewed 422 in each category Source: Everyone Counts 2019 Point in Time Summary SCNG notably, 22 percent of unsheltered homeless reported having some kind of employment. "Is there an explosion in homelessness? My answer is no, because most of them self -report that they are chronically homeless and most of them are self -reporting that they are from Orange County," Kim said. Eve Garrow, homelessness policy analyst for the ACLU of Southern California, said even this more thorough survey may underestimate homelessness in the region, and she expects the number to keep growing. "The factors that lead to homelessness in Orange County, particularly the rising cost of rents, have not abated and if anything have gotten worse;" she said. 75C-308 Much of the recent focus has been on creating emergency shelters, but people living in them are still counted as homeless, Garrow said, and many of them have nowhere to go when they leave the shelter. "The county has done an abysmal job creating more permanent supportive housing and affordable housing," she said - and that's where she'd like to see future efforts focused. County officials see the detailed data as creating a new baseline that will help local government and nonprofits better tailor services to the needs of the homeless, spend money more efficiently and more accurately measure results. This year's survey focused on vulnerable populations such as seniors 62 or older (677 seniors were counted), veterans (311 people with military service were recorded) and families (110 unsheltered families including 244 children were found). Officials in Anaheim, which has the county's second- largest homeless population after Santa Ana, weren't surprised by the 2019 data because they commissioned a similar survey of their city last year, city spokeswoman Lauren Gold said Wednesday. More of Anaheim's homeless residents found shelter between the 2018 and 2019 counts, and even more have left the streets since January to enter two new emergency shelters that came online in the past few months, Gold said. "We're really encouraged to see that a lot of people have accepted that offer of help and are starting that transition out of homelessness." Countywide, much has changed since the 2017 survey, when the Courtyard in Santa Ana had recently opened as Orange County's only publicly funded emergency shelter offering 24-hour, year-round assistance. 75C-309 hc ,,. „_,..- „_„ cities shelteringthe most RELATED Whi are the homeless.people? Since then - in part due to a lawsuit filed when the Santa Ana River Trail encampment was cleared - hundreds of beds have opened at shelters in Santa Ana, Anaheim, Tustin and Costa Mesa offering an array of services to help ................................... people get off the streets. Huntington Beach, Buena Park and Placentia have found sites for facilities they plan to build. Mental health care, job training and placement and other services also have expanded. "There's just a huge amount of progress that's been made;" said Susan Price, the county's director of care coordination. "We've got to pivot, really, to the exit from those emergency shelters:' , _µ,_µty' uns RELATED: What obstacles do Orang eaCoun s _heltered homeless face_ She said the homeless count data highlights what more can be done: The 55 percent of unsheltered adults who are able to work could be connected with jobs. More veterans - 68 percent are living on the street - may be eligible for federal housing assistance. More affordable housing could be built by the Orange County Housing Trust, which has seen a recent infusion of cash and growing interest from cities. "I think collectively as a region;' Kim said, "what we've realized is the homeless individuals in our communities, they're ours." Full results of the survey will be released in June. Want local ews? Sign up for the Localist and stay informed Enter your email to subscribe 75C-310 Alicia Robinson Alicia Robinson covers cities and local government for the Orange County Register. She has also reported at the Press -Enterprise in Riverside, the Daily Pilot in Costa Mesa, and at small daily and weekly papers in the midwest, before she became an honorary Californian based on hours spent in traffic. Besides government and policy, she's interested in animals both wild and domestic, people who try to make the world better, and how things work. V Follow Alicia Robinso @ARobWriter 75C-311 75C-312