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HomeMy WebLinkAboutAgenda Packet_2024-08-06City Council and Housing Authority Meeting Packet August 6, 2024 CLOSED SESSION MEETING - 4:30 PM REGULAR OPEN MEETING - 5:30 PM (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 Valerie Amezcua Mayor Thai Viet Phan Mayor Pro Tem — Ward 1 Jessie Lopez Councilmember - Ward 3 Johnathan Ryan Hernandez Councilmember - Ward 5 Benjamin Vazquez Councilmember - Ward 2 Phil Bacerra Councilmember - Ward 4 David Penaloza Councilmember - Ward 6 Mayor and Council telephone: 714-647-6900 Agenda item inquiries: 714-647-6520 Sonia R. Carvalho Alvaro Nunez Jennifer L. Hall City Attorney Acting City Manager City Clerk In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, 0contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/agendas-and-minutes. City Council 1 8/6/2024 CITY VISION AND CODE OF ETHICS The City of Santa Ana is committed to achieving a shared vision for the organization and its community. The Vision, Mission and Guiding Principles (Values) are the result of a thoughtful and inclusive process designed to set the City and organization on a course that meets the challenges of today and tomorrow, as follows: Vision - The dynamic center of Orange County which is acclaimed for our: Investment in youth • Safe and healthy community • Neighborhood pride • Thriving economic climate - Enriched and diverse culture • Quality government services Mission - To deliver efficient public services in partnership with our community which ensures public safety, a prosperous economic environment, opportunities for our youth, and a high quality of life for residents. Guiding Principles - Collaboration • Efficiency • Equity • Excellence • Fiscal Responsibility - Innovation • Transparency Code of Ethics and Conduct - At the Special Municipal Election held on February 5, 2008, voters approved an amendment to the City Charter which established the Code of Ethics and Conduct for elected officials and members of appointed boards, commissions, and committees to assure public confidence. The following are the core values expressed: - Integrity • Honesty • Responsibility • Fairness • Accountability • Respect • Efficiency City Council 2 8/6/2024 Members of the public may attend the City Council meeting in -person or join via Zoom. As a courtesy to the public, the City Council meeting will occur live via teleconference Zoom webinar. You may view the meeting from your computer, tablet, or smart phone via YouTube LiveStream at www.youtube.com/user/SantaAnaLibrary or on CTV3, available on Spectrum channel 3. PUBLIC COMMENTS — Members of the public who wish to address the City Council on closed session items, items on the regular agenda, or on matters which are not on the agenda but are within the subject matter jurisdiction of the City Council, may do so by one of the following ways: • MAILING OPTION written communications — Public comments may be mailed to: Office of the City Clerk, 20 Civic Center Plaza M-30, Santa Ana, CA 92701. All written communications received via mail by 4:00 p.m. on the day of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • SENDING E-MAIL OPTION — Public comments may be sent via email to the City Clerk's office at eCommenta-santa-ana.org. Please note the agenda item you are commenting on in the subject line of the email. All emails received two (2) hours before the scheduled start of the meeting will be distributed to the City Council and imaged into the City's document archive system which is available for public review. • LIVE VIRTUAL OPTION —As a courtesy, members of the public may provide live comments during the meeting by Zoom or Conference Call. To join by Zoom click on or type the following address into your web browser https://us02web.zoom.us/m/315965149. To join the Conference Call: Dial (669) 900- 9128 and enter MEETING ID: 315 965 149#. You will be prompted by the City Clerk when it is time for a: i) closed session item, ii) agenda/general comments, iii) public hearing item, iv) special agenda item, or v) for Housing Authority item. You may request to speak by dialing *9 from your phone or you may virtually raise your hand from Zoom. After the Clerk confirms the last three digits of the caller's phone number or Zoom ID and unmutes them, the caller must press *6 or microphone icon to speak. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak, unless due to the number of speakers wanting to speak a decision is made to provide a different amount of time to speak. • IN -PERSON OPTION - Members of the public can provide in -person comments at the podium in the Council Chamber. The Council Chamber will have seating available for members of the public to attend the meeting in -person. Public comments are limited to three (3) minutes per speaker, unless a different time is announced by the presiding chair. Speakers who wish to address the Council must do so by submitting a "Request to Speak" card by 4:30 p.m. for Closed Session items and by 5:45 p.m. for all other designated public comment periods as listed below. Cards will not be accepted after the Public Comment Session begins without the permission of the presiding chair. City Council 3 8/6/2024 The following designated public comment periods are: 1. LIVE PUBLIC COMMENTS ON CLOSED SESSION ITEMS —You can provide live comments on closed session items by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4.00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand BY 4.30 p.m. Speakers who are not in the speaker queue with their hand raised by 4:30 p.m. will not be permitted to speak. 2. LIVE PUBLIC COMMENTS ON REGULAR AGENDA ITEMS AND NON -AGENDA ITEMS (GENERAL PUBLIC COMMENT) —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speaker queue will open at 4.00 p.m. YOU MUST JOIN ZOOM OR THE CONFERENCE CALL and raise your hand PRIOR TO 5:45 p.m. Speakers who are not in the speaker queue with their hand raised by 5.45 p.m. will not be permitted to speak. 3. LIVE PUBLIC COMMENTS ON PUBLIC HEARING ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. 4. LIVE PUBLIC COMMENTS ON HOUSING AUTHORITY ITEMS —You can provide comments by joining Zoom or the Conference Call as described in the LIVE or IN -PERSON PUBLIC COMMENTS OPTION above. Speakers not in the queue by 5:45 p.m. will not be permitted to speak. TRANSLATION SERVICES - Spanish interpreting services are provided at City Council meetings. Simultaneous Spanish interpretation is provided through the use of headsets and consecutive interpretation (Spanish -to -English) in addition to those wishing to address the City Council at the podium. La ciudad provee servicios de interpretacion all espanol en las juntas del Consejo. La interpretacion simultanea all espanol se ofrece por medio del use de audifonos y la interpretacion consecutiva (espanol a ingles) tambien esta disponible para cualquiera que desee dirigirse all consejo municipal en el podio. About the Agenda To download or view the attachments (staff report and other supporting documentation) for each agenda item, you must select the agenda item to see the attachments to either open in a new link (the eyeball ) or download a pdf (the cloud symbol with the down arrow ). City Council 4 8/6/2024 CLOSED SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tern Thai Viet Phan Mayor Valerie Amezcua Acting City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL ADDITIONS\DELETIONS TO CLOSED SESSION PUBLIC COMMENTS — Members of the public may address the City Council on Closed Session items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. In re: National Prescription Opiate Litigation, United States District Court (N.D. Ohio), Case No. 1:17-and-2804 B. Bilhah Lopez v City of Santa Ana and DOES 1-50, inclusive, Orange County Superior Court, Case No. 30-2022-01282260-CU-OE-CJC 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Section 54957(b) (1) of the Government Code: Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Designated Representative: Jacob Green, Greg Devereaux Unrepresented Employee: City Manager City Council 5 8/6/2024 RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER ATTENDANCE Council Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Mayor Pro Tern Thai Viet Phan Mayor Valerie Amezcua Acting City Manager Alvaro Nunez City Attorney Sonia R. Carvalho City Clerk Jennifer L. Hall ROLL CALL PLEDGE OF ALLEGIANCE Iker Reyes WORDS OF INSPIRATION Mario Morales, Victory Outreach ADDITIONS\DELETIONS TO THE AGENDA CEREMONIAL PRESENTATIONS 1. Certificates of Recognition presented by Mayor Pro Tem Phan to the 2023-2024 Com- Link Board for Outstanding Contributions to the Community 2. Proclamation presented by Councilmember Hernandez to the Artesia Pilar Neighborhood Leaders and Marina Aguilera declaring August 2024 as Chicano Heritage Month 3. Certificate of Recognition presented by Councilmember Lopez to Western States Regional Council of Carpenters for Outstanding Contributions to the Community 4. Certificates of Recognition presented by Councilmember Bacerra to Orange County Fire Authority's 2024 Best and Bravest Award Recipients for Outstanding Contributions to Public Safety 5. Proclamation presented by Councilmember Vazquez Posthumously Honoring Salvador Quintana for Outstanding Contributions to the Community CLOSED SESSION REPORT — The City Attorney will report on any action(s) from Closed Session. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items, with the exception of public hearings. Comments for public hearings will take place after the hearing is opened. City Council 6 8/6/2024 CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 6 through 26 and waive reading of all resolutions and ordinances. 6. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 7. Minutes from the Regular Meeting of July 16, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 8. Appoint Joshua Jogwe Nominated by Mayor Pro Tem Phan as the Ward 1 Representative to the Parks and Recreation Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Joshua Jogwe to the Parks and Recreation Commission as the Ward 1 representative and administer Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes) 9. Appoint Edith Hernandez Nominated by Councilmember Bacerra as the Ward 4 Representative to the Youth Commission for a Partial Term Expiring December 8, 2026 Department(s): City Clerk's Office Recommended Action: Appoint Edith Hernandez to the Youth Commission as the Ward 4 representative and administer Oath of Office. 10. Receive and File Boards and Commissions Biannual Attendance Report for January Through June 2024 and Make Vacancy Determination(s) Department(s): City Clerk's Office Recommended Action: 1. Receive and file Boards and Commissions Biannual Report; 2. Declare that the Section 8 Tenant Seat on the Community Development Commission is vacant due to numerous absences by the previous incumbent; and 3. Provide other direction to staff, if/as needed. City Council 7 8/6/2024 11. 2023 Travel Santa Ana Annual Report Department(s): Community Development Agency Recommended Action: Receive and file. 12. Agreement with the Orange County Children's Therapeutic Arts Center for Youth Workforce Services for Program Year 2024-2025 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Authorize the City Manager to execute an agreement with Orange County Children's Therapeutic Arts Center for youth workforce services for a one-year term beginning August 1, 2024 and ending July 31, 2025, in an amount not to exceed $300,000 (Agreement No. A-2024-XXX). 13. Agreement with the U.S. Department of Housing and Urban Development (HUD) and Appropriation Adjustment to Recognize $2,500,000 in Grant Funds for the Downtown Business Improvements Initiative Project Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute the grant agreement with the U.S. Department of Housing and Urban Development (HUD). 2. Approve an appropriation adjustment to recognize $2,500,000 from the US Department of Housing and Urban Development for the Downtown Business Improvement Initiatives Project into Federal Grant revenue account (no. 41818002- 52001 Federal Grant -Direct) and appropriate the same amount into expenditure accounts (no. 41818834-62300 Contract Services — Professional and 418834-61000 Salaries Regular). (Requires five affirmative votes) 14. Award an Agreement with Outdoor Dimensions, LLC for Digital Marquees (Non - General Fund) (Revive Santa Ana) Department(s): City Manager Office Recommended Action: 1. Authorize the City Manager to execute an agreement with Outdoor Dimensions, LLC to build and install digital marquees at six (6) properties across the city for a one-year term in a total aggregate amount not to exceed $1,859,909 subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction (Agreement No. A-2024-XXX). 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $1,859,909 of funding from the American Rescue Plan Act for Digital Marquees Project (No. 22-1306). 3. Determine that, in accordance with the California Environmental Quality Act, the City Council 8 8/6/2024 recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER-2024-47, ER-2024-48, ER-2024-49, ER-2024-50, ER-2024-51, and ER-2024-52 were filed for this project. 15. Renewal of Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority (ICRMA) and Arthur J. Gallagher, and Appropriation Adjustment, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount not to Exceed $12,600,000 (Non -General Fund) Department(s): Human Resources Recommended Action: 1. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $8,250,000 for the protection of City assets from July 1, 2024 through June 30, 2025 including, but not limited to, the following: a. Excess Liability Program b. Excess Workers' Compensation Program c. Auto Physical Damage Program d. Property and Equipment Program e. Crime Program f. Cyber Program g. Associated Programs 2. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, in an amount not to exceed $3,500,000 for ancillary coverages of City's assets from July 1, 2024 to June 30, 2025 including but not limited to: a. General Liability Buffer Program b. Workers' Compensation Buffer Program c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program e. Underground Storage Tank and Environmental Program 3. Authorize the City Manager to approve payments to cover FY 2024-25 City Special Events Insurance for events, including, but not limited to, Fourth of July fireworks show, neighborhood winter events, and other City -sponsored events as created and held, in an amount not to exceed $350,000. 4. Authorize the City Manager to approve the City's obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000. 5. Approve an Appropriation Adjustment to recognize $2,200,000 in the Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 08009002-50001) and appropriate the same amount into the Liability & Property insurance account (No. 08009051-64010). (Requires five affirmative votes) City Council 9 8/6/2024 16. Historic Property Preservation Agreements for the Properties Located at 1205 S Birch Street and 516 W 19th Street Department(s): Planning and Building Agency Recommended Action: Authorize the City Manager to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s) (Agreement Nos. A-2024-XXX and A-2024-XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-11 and ER No. 2024-17] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Historic Property Preservation Address/House Vote by HRC Owner(s) Agreement No. Michael T. 1205 S. Birch 6:0:0:3 (Commissioner �Itshuler 2024-03 Street Shipp, Hardy, and 516 W. 19th Padilla absent) 6.0.0.3 (Commissioner ill Brumett and Iona R. 2024-04 Street Street Shipp, Hardy, and ,onstan Padilla absent) 17. Second Amendments to Agreements for Rotational Towing and Storage Services Department(s): Police Department Recommended Action: Authorize the City Manager to execute second amendments to the agreements with the following contractors to allow two one-year extensions to the term and exercise the first extension option from September 1, 2024 through August 31, 2025, and to increase the compensation fee schedule for rotational towing and storage services: 1. Standard Enterprises, Inc. dba To' and Mo' (Agreement No. A-2024-XXX); 2. Greater Southern California Towing, Inc. (Agreement No. A-2024-XXX); 3. B&D Towing, Inc. (Agreement No. A-2024-XXX); and 4. MetroPro Road Services, Inc. (Agreement No. A-2024-XXX) City Council 10 8/6/2024 18. Appropriation Adjustment and Construction Contract to PCL Construction Services, Inc. for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528) (Revive Santa Ana) (General Fund and Non -General Fund) Department(s): Public Works Agency, Library Recommended Action: 1. Approve an appropriation adjustment recognizing $1,235,145 of prior -year fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriating the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes) 2. Authorize a budget reallocation of $1,401,776 in unspent funds from the Newhope Improvements Project (No. 22-1802) to construction funds for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528). 3. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,235,145 in construction funds for the Main Library Renovation Project (No. 22-1380). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,927,519, which includes $19,353,442 for the construction contract, $316,320 for contract administration, inspection, and testing, and a $4,257,757 project contingency for unanticipated or unforeseen work, due to the complexity and extensive scope of this project. 5. Award a construction contract to PCL Construction Services, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,353,442, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Main Library Renovation Project, for a term beginning August 6, 2024, and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER- 2024-30 was filed for Project 22-1380 on April 17, 2024. 19. Construction Contract to Elecnor Belco Electric, Inc. for the Traffic Signal Modification at Warner Avenue and Wright Street Project and Appropriation Adjustment (Project No. 23-7539) (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing City Council 11 8/6/2024 $197,335 of prior -year fund balance in the Transportation System Improvement Authorization Area B Tustin fund, Prior Year Carry Forward revenue account and appropriate to the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes) 2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid items in the amount of $562,868, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Traffic Signal Modification at Warner Avenue and Wright Street for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $703,585, which includes $562,868 for the construction contract, $84,430 for contract administration, inspection, and testing, and a $56,287 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $197,335 in construction funding from the Transportation System Improvement Authorization Area B fund for the Traffic Signal Modification at Warner Avenue and Wright Street project. 5. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-35 was filed for the project 23-7539. 20. Construction Contract to Cabifornia, Inc. for the Santa Ana Regional Transportation Center Fountain Renovation (Project No. 24-6058) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $587,250 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,250 which includes $435,000 for the construction contract, $65,250 for contract administration, inspection, and testing, and a $87,000 project contingency for unanticipated or unforeseen work. 3. Award a construction contract to Cabifornia, Inc. in accordance with the base bid in the amount of $435,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the fountain replacement of the Santa Ana Regional Transportation Center for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. City Council 12 8/6/2024 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-58 was filed for project 24-6058. 21. Agreement with Griswold Industries, dba Cla-Val, for Flow Control Valve Maintenance, Rehabilitation, and Replacement Services at City Water Facilities (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with Griswold Industries, dba Cla-Val, to provide flow control valve maintenance, rehabilitation, and replacement services for City water facilities, for a total amount not to exceed $1,250,000, for a three-year term beginning August 6, 2024 and expiring August 5, 2027, with a provision for one, two-year extension (Agreement No. A-2024- XXX). 22. Agreement Amendment with Superior Property Services, Inc. for Hardscape Pavement Cleaning and Infectious Waste Removal Services (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute the second amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $52,500 for a total agreement amount not to exceed $2,019,068 (Agreement No. A-2024-XXX). 23. Agreement with ICF Incorporated, LLC to Develop a Fleet Electrification & EV Charging Master Plan and City Fleet Policies (RFP No. 24-002) (General Fund and Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $73,179 of prior -year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Contract Services -Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an agreement with ICF Incorporated, LLC to develop a Fleet Electrification and EV Charging Master Plan and City Fleet Policies in the amount of $150,590, plus a contingency of $22,589, for a three-year period beginning August 6, 2024 and expiring August 5, 2027, with provisions for two one- year extensions (Agreement No. A-2024-XXX). City Council 13 8/6/2024 24. Agreements with Project Partners, Interwest Consulting Group Inc., EC & AM Associates Inc. dba GK & Associates Inc., Richard Fisher Associates, and Ladayu Consulting Group for On -Call Staff Support Services for Inspection, Engineering, Project Management, and Administration Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with the firms listed below to provide inspection, engineering, project management, and administration services, for a three-year period commencing August 6, 2024, and expiring August 5, 2027, with a provision for one, two-year renewal option, for a total aggregate amount not to exceed $2,500,000 for the term of the contract, including the optional renewal (Core Agreement No. A-2024-XXX). Firms Location Project Partners Laguna Hills, CA Interwest Consulting Group, Inc. Loveland, CO GK & Associates, Inc. Diamond Bar, CA Richard Fisher Associates Irvine, CA Ladayu Consulting Group Palos Verdes Estates, CA 25. Approve an Agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the Assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Non -General Fund) Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute an agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Agreement No. A-2024-XXX). 26. Resolution Authorizing the City Manager or Designee to Execute Subgrant Agreements to Receive Workforce Innovation and Opportunity Act Funds for a Four - Year Period Expiring June 30, 2028 (Non -General Fund) Department(s): Community Development Agency Recommended Action: Adopt a resolution authorizing the City Manager or designee to execute subgrant agreements (AA511027) and all necessary documents for Workforce Innovation and Opportunity Act funds from the State of California for a four-year period from July 1, 2024 to June 30, 2028. City Council 14 8/6/2024 RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL NECESSARY DOCUMENTS TO RECEIVE FUNDS FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA, WORKFORCE SERVICES DIVISION, FOR A PERIOD FROM JULY 30, 2024 TO JUNE 30, 2028 **END OF CONSENT CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS — Members of the public may address the City Council on each of the Public Hearing items. 27. Public Hearing - Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings (Continued from the July 16, 2024 City Council meeting) Legal notice published in OC Reporter on July 3, 2024 and property owner notification letters mailed on same date; Notice of Continuance posted on July 17, 2024. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution affirming the Fiscal Year 2023-2024 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor -Controller, County of Orange. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE 2. Determine that the proposed action does not constitute a "project" under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended. 28. Public Hearing — Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) Legal notice published in the OC Reporter on July 26, 2024 and notices mailed on same date. City Council 15 8/6/2024 Department(s): Planning and Building Agency Recommended Action: 1. Approve first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01. ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2024-01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-272-09, 414-272-10, AND 414-261-01) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be re -filed for this project. CITY MANAGER COMMENTS COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. ADJOURNMENT —Adjourn the City Council meeting and convene to the Housing Authority meeting. Future Items 1. Outdoor Library at Jerome Park Construction Contract 2. Japanese Garden Structure Protection and Maintenance Agreement POSTING STATEMENT: On July 30, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 16 8/6/2024 HOUSING AUTHORITY CALL TO ORDER ATTENDANCE Authority Members Vice Chair Chair Acting City Manager City Attorney Recording Secretary ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall ADDITIONS\DELETIONS TO THE HOUSING AUTHORITY AGENDA PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3 and waive reading of all resolutions and ordinances. 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes from the Special Meeting of July 16, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. 3. Approve an Update to the Housing Choice Voucher Administrative Plan to Create a Preference for Foster Youth to Independence Voucher Holders Department(s): Community Development Agency Recommended Action: Approve an update to Chapter 4-III.C. of the Housing Choice Voucher Administrative Plan to create a preference for Foster Youth to Independence City Council 17 8/6/2024 voucher holders. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS ADJOURNMENT —Adjourn the Housing Authority meeting. POSTING STATEMENT: On July 30, 2024, a true and correct copy of this agenda was posted at the entrance to City Hall, 20 Civic Center Plaza, Santa Ana, CA 92701. Internet Access to City Council, Agency, and Authority agendas and related material is available prior to meetings at santa-ana.org/agendas-and-minutes. City Council 18 8/6/2024 DRAFT Minutes of the Regular Meeting of the City Council City of Santa Ana, California CLOSED SESSION MEETING - 3:00 P.M. REGULAR OPEN MEETING - 5:30 P.M. (Immediately following the Closed Session Meeting) CITY COUNCIL CHAMBER 22 Civic Center Plaza Santa Ana, CA 92701 CLOSED SESSION CALL TO ORDER MINUTES: MayorAmezcua called the Closed Session meeting to order at 3:19 P.M. ATTENDANCE Council Members Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Hernandez (arrived at 3:20 P.M.), Lopez, and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. Councilmembers Bacerra and Penaloza arrived during Closed Session. CITY COUNCIL 1 JULY 16, 2024 City Council 7-1 8/6/2024 ADDITIONSIDELETIONS TO CLOSED SESSION MINUTES: None. PUBLIC COMMENTS-- Members of the public may address the City Council on Closed Session items. MINUTES: No public comments were received regarding Closed Session Agenda items. RECESS — City Council will recess to Closed Session for the purpose of conducting regular City business. MINUTES: MayorAmezcua recessed to considerthe Closed Session items at 3:20 P.M. CLOSED SESSION ITEMS — The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Vicente Gonzalez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01240688-C U -P O-WJ C B. Rita Ramirez v. City of Santa Ana, Orange County Superior Court, Case No. 30-2022-01287702-CU-OE-NJC C. Santa Ana Short Term Rental Alliance v. City of Santa Ana, Orange County Superior Court, Case No. 30-2024-014084861-CU-WM-WJC D. In re: National Prescription Opiate Litigation, United States District Court (N.D. Ohio), Case No. 1:17-and-2804 2. PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT pursuant to Government Code Section 54957(b)(1): Title: City Manager 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to California Government Code Section 54957.6(a): Agency Designated Representative(s): Jacob Green, Greg Devereaux Unrepresented Employee: City Manager CLOSED SESSION REPORT —The City Attorney will reporton any action(s) from Closed Session. RECONVENE — City Council will reconvene to continue regular City business. CITY COUNCIL E JULY 16, 2024 City Council 7-2 8/6/2024 CITY COUNCIL REGULAR OPEN SESSION CALL TO ORDER MINUTES: MayorAmezcua reconvened the City Council Meeting to orderat 6:34 P.M. ATTENDANCE Councilmembers Mayor Pro Tern Mayor Acting City Manager City Attorney City Clerk ROLL CALL Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Thai Viet Phan Valerie Amezcua Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: City Clerk Jennifer L. Hall conducted roll call. Councilmembers Bacerra, Hernandez, Lopez, Penaloza (arrived at 6:36 P.M.), and Vazquez, Mayor Pro Tem Phan, and Mayor Amezcua were present. PLEDGE OF ALLEGIANCE Mike Limon WORDS OF INSPIRATION Greg Marquez, Immaculate Heart of Mary Catholic Church ADDITIONSIDELETIONS TO THE AGENDA MINUTES: City Clerk Jennifer L. Hall announced Item No. 5 and Public Hearing Item No. 28 have been continued to the August 6, 2024 City Council meeting. CEREMONIAL PRESENTATIONS 1. Certificate of Recognition presented by Mayor Amezcua to Arturo Alvarez distinguished military service and exemplary contributions to the nonprofit organization U.S. Vets, Patriotic Hall MINUTES: Mayor Amezcua presented a certificate of recognition to Arturo Alvarez for his distinguished military services and exemplary contributions to the nonprofit organization U.S. Vets, Patriotic Hall. 2. Proclamation presented by Councilmember Bacerra to the Orange County Goodwill in Recognition of their 100th Anniversary CITY COUNCIL 3 JULY 16, 2024 City Council 7-3 8/6/2024 MINUTES: Councilmember Bacerra presented a proclamation to the Orange County Goodwill in recognition of their 100t" Anniversary. CLOSED SESSION REPORT —The City Attorney will report on any action(s) from Closed Session. MINUTES: City Attorney Sonia Carvalho announced Closed Session Item No. ID was not discussed and stated there was no reportable action. PUBLIC COMMENTS — Public comments will be held during the beginning of the meeting for ALL comments on agenda and non -agenda items. MINUTES: City Clerk Jennifer L. Hall reported out the summary of email comments received: one (1) Agenda Item No. 12, two (2) Agenda Item No. 26, one (1) Agenda Item No. 27, and 14 non -agenda comments. The following speakers addressed City Council in-person.- 1. Fernando Deveras spoke regarding Commissioner Vega's personal social media pages. 2. Dale Helvig spoke regarding Agenda Item No. 26. 3. Pam Hopkrik spoke in opposition to fireworks. 4. Dinorah spoke regarding corruption in government. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 3 through 25 and waive reading of all resolutions and ordinances. MINUTES: At 7:05 P.M., the Consent Calendar was considered. Councilmember Hernandez requested to comment on Agenda Item No. 12. Councilmember Bacerra pulled Agenda Item Nos. 20 and 24 for separate discussion and consideration. MOTION: Councilmember Bacerra moved to approve Consent Calendar Item Nos. 3 through 25 with the exception of Agenda Item Nos. 20 and 24 pulled for separate discussion and consideration, seconded by Councilmember Penaloza. The motion carried, 6-0-1, by the following roll call vote: CITY COUNCIL 0 JULY 16, 2024 City Council 7-4 8/6/2024 AYES: COUNCILMEMBER BACERRA, HERNANDEZ, COUNCILMEMBER COUNCILMEMBER VAZQUEZ, MAYOR MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: COUNCILMEMBER LOPEZ Status: 6 — 0 —1 — Pass 3. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 4. Minutes from the Regular Meeting of June 18, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. COUNCILMEMBER PENALOZA, PRO TEM PHAN, AGENDA ITEM NO. 5 — CONTINUED TO THE AUGUST 6, 2024 CITY COUNCIL MEETING 5. Appoint Joshua Jogwe Nominated by Mayor Pro Tern Phan as the Ward 1 Representative to the Parks and Recreation Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Joshua Jogwe to the Parks and Recreation Commission as the Ward 1 representative and administer the Oath of Office. (Pursuant to SAMC Sec. 2-326(a), requires five affirmative votes) 6. Appoint Cat Pham Nominated by Mayor Pro Tern Phan as the Ward 1 Representative to the Youth Commission for a Partial Term Expiring December 10, 2024 Department(s): City Clerk's Office Recommended Action: Appoint Cat Pham to the Youth Commission as the Ward 1 representative and administer Oath of Office. MINUTES: City Clerk Jennifer L. Hall administered the Oath of Office to Youth Commissioner Cat Pham and Neylen Adoni Munoz. 7. Approve Destruction of Obsolete City Records Department(s): Police Department and Library CITY COUNCIL City Council 7-5 JULY 16, 2024 8/6/2024 Recommended Action: Approve the request for the destruction of obsolete records from the Police Department, Jail Bureau and the Library in accordance with the retention schedule outlined in City Council Resolution 2013-014. 8. Amendment to Agreement with Inland Moving & Storage Co., Inc. dba Burgess Moving & Storage for the Main Library and Newhope Library Projects (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute an amendment to an agreement with Inland Moving & Storage, Co., Inc. dba Burgess Moving & Storage for additional moving and storage services for Main and Newhope Libraries, increasing compensation by $121,389, for a total amount not to exceed $345,313, and extending the term to December 31, 2026, with a provision for a one- year extension (Agreement No. A-2024-091). 9. Amendments to an Agreement with Java Connections, LLC dba LaptopsAnytime for the Purchase and Installation of a New Laptop Dispenser Kiosk at the Future Delhi Library Branch, along with Hardware Support and Software Licensing for the Delhi Kiosk and Existing Newhope Library Kiosk (General Fund) Department(s): Library Recommended Action: Authorize the City Manager to execute two amendments to an agreement with Java Connections, LLC, dba LaptopsAnytime for the purchase and installation of a laptop dispenser kiosk at the future Delhi Branch Library, hardware support, and software licensing through September 30, 2026 for the Delhi and Newhope kiosks, increasing compensation by $48,924.39, for a total not -to - exceed amount of $76,548.25 (Agreement No. A-2024-092 and A-2024-093). 10.Aggregate Agreements for Court Reporting and Transcription Services with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. in an Aggregate Amount Not to Exceed $250,000 (Specification No. 24-034) (General Fund) Department(s): Human Resources Recommended Action: Authorize the City Manager to execute aggregate agreements with Kennedy Court Reporters, Inc. and Regal Court Reporting, Inc. to provide court reporting and transcription services for a three-year term beginning July 16, 2024 and ending July 15, 2027, with provisions for two, one-year extensions, in an amount not to exceed $250,000 (Core Agreement No. A-2024- 094). CITY COUNCIL 0 JULY 16, 2024 City Council 7-6 8/6/2024 11.Agreement with MDG Associates, Inc. for the Preparation of the Fiscal Year 2025-29 Regional Assessment of Fair Housing and Memorandum of Understanding with Surrounding Jurisdictions Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an Agreement with MDG Associates, Inc. to prepare the Fiscal Year 2025-29 Regional Assessment of Fair Housing (AFH), whereby the City will act as the lead for the Regional AFH, in an amount not to exceed $159,882 for a one-year term beginning August 1, 2024 and expiring July 30, 2025 (Agreement No. A-2024-095). 2. Authorize the City Manager to execute a Memorandum of Understanding and Payment Agreement with all of the surrounding jurisdictions in Orange County to jointly engage MDG Associates, Inc. to provide a Regional AFH, and authorize the City Attorney to reasonably revise or amend the Memorandum of Understanding as needed in order to collect payment, substantially in the form attached hereto, with all of the surrounding jurisdictions participating in the Regional AFH (Agreement No. A-2024-096). 12. Conditional Grant Agreement for $2,200,000 and a Density Bonus Agreement with Habitat for Humanity of Orange County for the Development of Six Affordable Ownership Units Located at 1921 W Washington Avenue, Santa Ana, CA 92706 (Non -General Fund) Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute a Conditional Grant Agreement with Habitat for Humanity of Orange County for $2,200,000 in Inclusionary Housing Funds for the development of six affordable ownership units located at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 405-101-37) (Agreement No. A-2024-097). 2. Approve an appropriation adjustment recognizing $2,200,000 in prior -year fund balance in the Inclusionary Housing Fund and appropriate the same into the Loans and Grants expenditure account (no. 41718820-69152). (Requires five affirmative votes) 3. Authorize the City Manager to execute a Density Bonus Agreement with Habitat for Humanity of Orange County for a 45-year term for the development of six affordable ownership units located at 1921 W Washington Avenue, Santa Ana, CA 92706 (APN 405-101-37) (Agreement No. A-2024-098). CITY COUNCIL 7 JULY 16, 2024 City Council 7-7 8/6/2024 4. Adopt a resolution approving Density Bonus Agreement No. 2024-01 as conditioned. RESOLUTION NO. 2024-036 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING DENSITY BONUS AGREEMENT APPLICATION NO. 2024-01 AS CONDITIONED FOR A NEW FOR -SALE RESIDENTIAL DEVELOPMENT WITH SIX UNITS FOR THE PROPERTY LOCATED AT 1921 W WASHINGTON AVENUE (APN: 405-101- 37) [includes determination that the recommended action is exempt from further review in accordance with the California Environmental Quality Act under Section 15195 (Residential Infill Exemption), as this project meets all the threshold criteria set forth in Section 15192 (Threshold Requirements for Exemption)] MINUTES: Councilmember Hernandez spoke in support of the item. 13. Receive and File the Notification by the City Engineer of the Final Tract Map No. 2017-04, County Tract Map No. 17976 at 3025 West Edinger Avenue (Applicant: Haphan Group, Inc., a California Corporation) Department(s): Public Works Agency Recommended Action: Receive and file the notification. 14.Construction Contract to Loengreen, Inc. for the Council Chambers ADA Restroom and Translation Booth Remodel Project (Project No. 22-0504) (Non - General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing $554,472 of prior -year fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes) 2. Approve an appropriation adjustment recognizing $554,472 of prior -year fund balance in the Liability and Property Insurance Fund, Prior Year Carry Forward revenue account and appropriate the same amount to the Risk Management Projects, Buildings & Building Improvements expenditure account. (Requires five affirmative votes) 3. Award construction contract to Loengreen, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $821,440 for construction of the Council Chambers ADA Restroom and Translation Booth Remodel Project, for the term beginning July 16, 2024 and ending upon project completion, and authorize the City Manager to execute the contract. CITY COUNCIL n JULY 16, 2024 City Council 7-8 8/6/2024 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,108,994 which includes $821,440 for the construction contract, $123,216 for contract administration, inspection, and testing, and a $164,288 project contingency for unanticipated or unforeseen work. 5. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $1,108,944 in construction funding from the CATV Fund and Liability Property Insurance Fund. 15.Agreements with Willdan Engineering Inc., TKE Engineering, Inc., Charles Abbott Associates, Inc., Harris & Associates, Inc., and Cannon Corporation for On -Call Engineering Plan Check Services Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute agreements with the firms listed below to provide on -call engineering plan check services for a three- year period beginning July 16, 2024, and expiring June 30, 2027, with a provision for one, two-year renewal option for a total aggregate amount not to exceed $1,500,000 for the term of the agreement and for the total annual compensation not to exceed $300,000, including renewal options, exercisable by the City Manager (Core Agreement No. A-2024-099). Firms Location Willdan Engineering, Inc. Anaheim, CA TKE Engineering, Inc. Riverside, CA Charles Abbott Associates, Inc. Mission Viejo, CA Harris & Associates, Inc. 11rvine, CA Cannon Corporation 11rvine, CA 16.Appropriation Adjustment and Amendment to the Agreement with Aqua - Metric Sales Company to Add Funds to the Automated Metering Infrastructure Project (Project No. 16-6460) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Approve an appropriation adjustment to recognize $15,000,000 of prior -year fund balance in the Public Works Water Revenue, Prior Year Carryforward and Water Utility Capital, Transfer from Fund 060 revenue accounts, and appropriate to the Water— Interfund Transfer, Transfer to Fund 066 and Water Utility Capital Projects, Water Capital Project expenditure accounts (Requires five affirmative votes). 2. Authorize the City Manager to execute a first amendment with Thirkettle Corporation, dba Aqua -Metric Sales Company, to increase the not -to -exceed CITY COUNCIL I JULY 16, 2024 City Council 7-9 8/6/2024 amount by $6,000,000, including a contingency of $1,500,000, for a new not -to - exceed amount of $35,683,230 (Agreement No. A-2024-100). 3. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $15,000,000 in construction funds for the Automated Metering Infrastructure Project (Project No. 16-6460). 17.Additional Contingency Funds in the Amount of $625,000 for an Existing Construction Contract with EverLevel Holdings, LLC for the First Street Slope Stabilization Project (Project No. 22-1341) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1. Approve an amendment to the Project Cost Analysis in the amount of $625,000 in additional contingency funds for a new total estimated construction delivery cost of $6,725,000. 2. Approve an amendment to the Fiscal Year 2024-25 Capital Improvement Program to include $625,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (22-1341). 18. Purchase Order to Mike Prlich and Sons, Inc. for Concrete Collar Replacement for Water and Sewer Appurtenances (Bid No. 24-021) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a blanket order contract to Mike Prlich and Sons, Inc. for concrete collar replacement for water and sewer appurtenances for an annual amount not to exceed $600,000, for a three-year term beginning July 1, 2024 and expiring June 30, 2027, with provisions for two 1-year renewal options. 19.Approve a Lease Agreement with PGH Wong Engineering, Inc. for Office Space at the Santa Ana Regional Transportation Center Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a lease agreement with PGH Wong Engineering, Inc. to compensate the City $8,621 per month, with any partial month prorated at $287 per day, for the lease of approximately 3,284 square feet of office space located at the Santa Ana Regional Transportation Center for a twelve-month term beginning on July 17, 2024, and ending July 16, 2025, with the option of 12 one -month extensions, for a total of $207,456 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A- 2024-101). CITY COUNCIL City Council 10 J U LY 16, 2024 7 — 10 8/6/2024 AGENDA ITEM NO. 20 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 20.Approve a Lease Agreement with Walsh Construction Company II, LLC for Office Space at the Santa Ana Regional Transportation Center Department(s): Public Works Agency Recommended Action: Authorize the City Manager to execute a lease agreement with Walsh Construction Company II, LLC to compensate the City $11,627 per month, with any partial month prorated at $388 per day, for the lease of approximately 4,429 square feet of office space located at the Santa Ana Regional Transportation Center for a 12-month term beginning on July 16, 2024 and ending July 15, 2025, with the option of 12 one -month extensions, for a total of $279,850 in lease revenue for the entire term of the agreement, including optional extensions (Agreement No. A-2024-102). MINUTES: Councilmember Bacerra asked for clarification regarding the intended tenant uses for the office space. Public Works Director Nabil Saba indicated staff is exploring options to optimize the use of space. Acting City Manager Alvaro Nunez clarified that Economic Development will collaborate with Public Works to recruit businesses for the train station. Mayor Amezcua expressed concern regarding safety and stated this area should be a priority area. Councilmember Lopez echoed support for space optimization to benefit micro businesses owned by city residents. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 20, seconded by Mayor Amezcua. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass CITY COUNCIL City Council 11 J U LY 16, 2024 7 —11 8/6/2024 21. Construction Contract to AJ Fistes Corporation in the Amount of $719,100 for the Painting and Wrought Iron Restoration (Project No. 24-6060 & 24-6061) (Non -General Fund) Department(s): Public Works Agency Recommended Action: Award a construction contract to AJ Fistes Corporation, the lowest responsible bidder, in accordance with the base bid in the amount of $719,100, subject to change orders for Painting and Wrought Iron Restoration for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,197,000, which includes $719,100 for the construction contract, $107,865 for contract administration, inspection, and testing, and a $370,035 project contingency for unanticipated or unforeseen work. 3. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $1,197,000 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-43 was filed for projects 24-6060 and 24- 6061. 22.Agreement with Blue Technologies Smart Solutions for Access and Support Services for iManage Data Management Systems Department(s): City Attorney's Office Recommended Action: Authorize the City Manager to execute a three-year agreement with Blue Technologies Smart Solutions ("BlueTech") for continued access and support services for the iManage Data Management Systems ("iManage") for the period of August 1, 2024 through July 31, 2027 in the amount of $128,529, which includes the annual billing amount of $36,843 for the iManage System and a contingency amount of $18,000 to pay for additional support/maintenance and training services as directed by the City (Agreement No. A-2024-103). 23.Agreement for Tax Revenue Auditing, Analysis, Forecasting, and Reporting Services RFP (24-010) Department(s): Finance and Management Services CITY COUNCIL 12 J U LY 16, 2024 City Council 7 — 12 8/6/2024 Recommended Action: 1. Authorize the City Manager to execute agreements with Hinderliter, de Llamas and Associates ("HdL") and HdL Coren & Cone ("HdLCC") for various tax revenue services for an initial three-year term beginning July 1, 2024, with a provision for two one-year extensions exercisable by the City Manager and the City Attorney, in a total amount not to exceed $1,346,714, which includes a 20% general contingency (Agreement Nos. A-2024-104 and A-2024-105). 2. Adopt a resolution authorizing the release of information to HdL from the California Department of Tax & Fee Administration in connection with the auditing of Sales and Use Tax making certain determinations relating thereto and authorizing certain actions in connection therewith. RESOLUTION NO. 2024-037 entitled A RESOLUTION OF THE CITY OF SANTA ANA AUTHORIZING EXAMINATION OF SALES AND USE TAX RECORDS AND TRANSACTIONS AND USE TAX RECORDS AGENDA ITEM NO. 24 WAS PULLED FOR SEPARATE DISCUSSION AND CONSIDERATION 24. Resolution to Effect Certain Changes to the City's Basic Classification and Compensation Plan Department(s): Human Resources Recommended Action: Adopt a resolution to effect certain changes to the City's basic classification and compensation plan. RESOLUTION NO. 2024-038 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO EFFECT CERTAIN CHANGES TO THE CITY'S CLASSIFICATION AND COMPENSATION PLAN MINUTES: Councilmember Bacerra requested to move the item for all units except SEIU, and to bring back the SEIU unit for separate discussion. MOTION: Councilmember Bacerra moved to approve the recommended action for Item No. 24, as amended, seconded by Councilmember Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass CITY COUNCIL City Council 13 J U LY 16, 2024 7 — 13 8/6/2024 25.Adopt Resolution to Summarily Vacate a Portion of Bristol Street - Abandonment 23-02 and Adopt Resolution Declaring Property as Exempt Surplus Department(s): Public Works Agency Recommended Action: 1. Adopt a resolution to summarily vacate excess Bristol Street right-of-way formerly portions of 1601 and 1607 North Bristol Street; Abandonment 23-02. RESOLUTION NO. 2024-039 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA SUMMARILY VACATING A PORTION OF A PUBLIC RIGHT-OF-WAY ADJACENT TO 1601 AND 1607 NORTH BRISTOL STREET (ABANDONMENT NO. 2023-02) [includes determination that the vacation of the Vacation Area is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to section 15378 of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that it will have a significant impact of the environment.] 2. Adopt a resolution declaring City -owned property as exempt surplus land and directing the City Manager or designee to comply with the requirements of Government Code §54220 et seq. for the sale and transfer of ownership accordingly. RESOLUTION NO. 2024-040 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DECLARING PROPERTY NEAR 1601 AND 1607 NORTH BRISTOL AS EXEMPT SURPLUS LAND AND DIRECTING THE CITY MANAGER TO FOLLOW THE PROCEDURES SET FORTH IN THE SURPLUS LAND ACT, CALIFORNIA GOVERNMENT CODE SECTION 54220, ET SEQ., AS AMENDED, FOR THEIR DISPOSITION [includes determination that the sale of the property as surplus is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15312 (Surplus Government Property Sales)]. **END OF CONSENT CALENDAR** BUSINESS CALENDAR MINUTES: At 7:28 P.M., the Business Calendar was considered. 26. Consider Whether to Adopt Resolutions Authorizing Arguments, Rebuttal Arguments, and Impartial Analysis of Four Ballot Measures on the Ballot for the November 5, 2024 General Municipal Election CITY COUNCIL 14 J U LY 16, 2024 City Council 7 — 14 8/6/2024 Department(s): City Clerk's Office Recommended Action: Consider whether to approve RESOLUTION NO. 2024-041 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTIONS 401.5, 611, 702, 703, 1002 AND 1003 TO DELETE REFERENCES TO OBSOLETE JOB TITLES AND OBSOLETE BONDING REQUIREMENTS, SPECIFY THAT ALL DEPARTMENT HEADS ARE AT -WILL EMPLOYEES, ADDRESS DEFINITIONS OF FUNDS AND LEVIES FOR COMPLIANCE WITH STATE LAW, AUTHORIZE LIMITED PURCHASING AUTHORITY FOR THE CITY CLERK AND CITY ATTORNEY AND REQUIRE THE CITY COUNCIL TO ADOPT AN ORDINANCE TO ENFORCE THE ETHICS CODE; 2. Consider whether to approve RESOLUTION NO. 2024-042 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 402 TO INDEX COUNCIL COMPENSATION AT A SALARY OF THIRTY-THREE (33%) PERCENT OF THAT OF AN ORANGE COUNTY SUPERIOR COURT JUDGE; 3. Consider whether to approve RESOLUTION NO. 2024-043 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING A PROPOSED CHARTER AMENDMENT TO AMEND CHARTER SECTION 1203 TO PERMIT NONCITIZEN VOTING IN ALL CITY MUNICIPAL ELECTIONS; and 4. Consider whether to approve RESOLUTION NO. 2024-044 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING WRITTEN ARGUMENTS FOR THE BALLOT MEASURE SUBMITTED FOR THE NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION REGARDING WHETHER TO ADOPT A RENT STABILIZATION AND JUST CAUSE EVICTION ORDINANCE. MINUTES: City Clerk Jennifer L. Hall gave a presentation regarding the four measures. Discussion ensued regarding the order and number of authors that could be listed per measure. City Attorney Sonia Carvalho clarified the order of priority for authors per the CITY COUNCIL 15 J U LY 16, 2024 City Council 7 — 15 8/6/2024 Elections Code. MOTION: Mayor Amezcua moved to approve the recommended action no. 1 for Item No. 26, and authorize Mayor Pro Tern Phan and Councilmember Bacerra to author the Argument in Favor of the Measure, seconded by Mayor Pro Tern Phan. The motion carried, 7-0, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 — Pass MOTION: Mayor Pro Tern Phan moved to approve the recommended action no. 2 for Item No. 26, and authorize Mayor Pro Tern Phan and Councilmember Bacerra to author the Argument in Favor of the Measure, seconded by Councilmember Bacerra. The motion carried, 5-2, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 5 — 2 — Pass MOTION: Councilmember Vazquez moved to approve the recommended action no. 3 for Item No. 26, and authorize Mayor Pro Tern Phan and Councilmembers Hernandez and Vazquez to author the Argument in Favor of the Measure, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE CITY COUNCIL City Council 16 7-16 J U LY 16, 2024 8/6/2024 Status: 6 — 1 — Pass MOTION: Councilmember Vazquez moved to approve the recommended action no. 4 for Item No. 26, and authorize Mayor Pro Tern Phan and Councilmembers Hernandez and Vazquez to author the Argument in Favor of the Measure, seconded by Councilmember Hernandez. The motion carried, 6-1, by the following roll call vote: AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: COUNCILMEMBER PENALOZA ABSTAIN: NONE ABSENT: NONE Status: 6 — 1 — Pass **END OF BUSINESS CALENDAR** PUBLIC HEARINGS PUBLIC COMMENTS-- Members of the public may address the City Council on each of the Public Hearing items. MINUTES: At 7.40 P.M., the Public Hearing was considered. 27. Public Hearing — Approve an Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701, Adopt a Resolution Approving the Issuance of Revenue Bonds, and Conduct a Tax Equity Fiscal Responsibility Act (TEFRA) Hearing Legal notice published in the OC Reporter on July 9, 2024. Department(s): Community Development Agency Recommended Action: 1. Authorize the City Manager to execute an amended and restated agreement containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08) (Contingent upon approval of Housing Authority Item # 3) (Agreement No. A- 2024-106). CITY COUNCIL City Council 17 7-17 J U LY 16, 2024 8/6/2024 2. Approve the Relocation Plan and authorize the City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden Court Apartments, substantially in the draft form attached hereto, subject to changes consistent with the project approved by the City Manager and City Attorney. 3. Conduct a Tax Equity and Financial Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Municipal Finance Authority for C&C Development Co., LLC, to finance the acquisition, rehabilitation, improvement, and equipping of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08). 4. Adopt a resolution approving the issuance of revenue bonds by the California Municipal Finance Authority in an amount not to exceed $55,000,000 for financing the rehabilitation of Garden Court Apartments. RESOLUTION NO. 2024-045 entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE ISSUANCE BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OF EXEMPT FACILITY BONDS FOR THE GARDEN COURT APARTMENTS 5. Determine that the approvals and authorizations provided for herein do not constitute a "project" within the meaning of California Public Resources Code § 21065 and authorize filing a notice of exemption based on the "common sense" exemption of 14 C.C.R. § 15061(b)(3) to the extent any activity would be considered a "project" because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and the activity is not subject to the California Environmental Quality Act (CEQA). MINUTES: Mayor Amezcua opened the Public Hearing at 7.40 P.M. City Clerk Jennifer L. Hall reported out the summary of email comments received. - one (1) Agenda Item No. 27. There being no speakers, Mayor Amezcua closed the Public Hearing at 7: 41 P.M. MOTION: Councilmember Hernandez moved to approve the recommended action for Item No. 27, seconded by Mayor Amezcua. MINUTES: Councilmember Lopez thanked staff for providing clarification regarding the item. The motion carried, 7-0, by the following roll call vote: CITY COUNCIL 18 J U LY 16, 2024 City Council 7 — 18 8/6/2024 AYES: COUNCILMEMBER BACERRA, COUNCILMEMBER HERNANDEZ, COUNCILMEMBER LOPEZ, COUNCILMEMBER PENALOZA, COUNCILMEMBER VAZQUEZ, MAYOR PRO TEM PHAN, MAYOR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7-0 — Pass PUBLIC HEARING AGENDA ITEM NO. 28 — CONTINUED TO THE AUGUST 6, 2024 CITY COUNCIL MEETING 28. Public Hearing — Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings Legal notice published in the OC Reporter on July 3, 2024 and property owner notification letters mailed on same date. Department(s): Planning and Building Agency Recommended Action: 1. Adopt a resolution affirming the Fiscal Year 2023-2024 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor -Controller, County of Orange. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE 2. Determine that the proposed action does not constitute a "project" under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended. **END OF PUBLIC HEARINGS** CITY COUNCIL City Council 19 J U LY 16, 2024 7 — 19 8/6/2024 RECESS MINUTES: Mayor Amezcua recessed the City Council meeting to consider the Housing Authority Agenda at 7.42 P.M. RECONVENE MINUTES: Mayor Amezcua reconvened the City Council meeting at 7.43 P.M. CITY MANAGER COMMENTS MINUTES: Acting City Manager Alvaro Nunez gave a brief update regarding the Needle Exchange Program. Acting Police Chief Robert Rodriguez spoke regarding the 4t" of July Deployment and statistics, related challenges, and enforcement regarding fireworks. Councilmember Bacerra expressed concern regarding the number of citations given. Mayor Amezcua asked for clarification regarding the challenges in giving the administrative citations. Acting Police Chief Rodriguez spoke regarding the challenges of administrative citations. COUNCIL COMMENTS AB1234 DISCLOSURE — If the City paid for travel or other expenses this is the time for members of the Council to provide a brief oral report on attendance of any regional board or commission meeting or any conference, meeting or event attended. 1. June 17-20, 2024 Mayor Amezcua — NALEO 41st Annual Conference, Las Vegas, NV 2. June 18-20, 2024 Councilmember Penaloza — NALEO 41 st Annual Conference, Las Vegas, NV 3. June 18-20, 2024 Councilmember Vazquez — NALEO 41 st Annual Conference, Las Vegas, NV 4. June 19-20, 2024 Councilmember Hernandez — NALEO 41st Annual Conference, Las Vegas, NV 5. June 19-21, 2024 Mayor Pro Tern Phan — 1st Annual AAPI Lead Summit, Las Vegas, NV 6. June 19-21, 2024 Councilmember Bacerra — 1st Annual AAPI Lead Summit, Las Vegas, NV MINUTES: Councilmember Vazquez thanked the City for his paid attendance to NALEO, spoke in regards to the Supreme Court ruling regarding citing the homeless, CITY COUNCIL 20 JULY 16, 2024 City Council 7 — 20 8/6/2024 requested an increase in the Quality of Life Team and asked for support to sue the OC sheriff for releasing inmates in Santa Ana. Councilmember Lopez reminded staff of her scheduled office hours at Riverview Park, invited the public to upcoming concerts and movies at the park, encouraged public to attend Parks, Recreation, and Community Services Agency's Shakespeare in the Park on July 31, 2024, spoke about her attendance at the OCFA awards ceremony, congratulated Fire Chief Henery for his recognitions, and wished everyone a happy summer. Councilmember Penaloza thanked city staff for their hard work and efforts, asked about efforts underway to fill vacant storefronts with stores generating good tax revenue, thanked staff for the attention to the Edinger and Flower St. business corridor, requested the ongoing enforcement of public intoxication and homeless encampments, notified City staff about bringing forward for consideration a potential ordinance or ban concerning the sale of single beer cans within the city at the next City Council meeting, and wished his baby girl a happy six months and his wife a happy birthday. Councilmember Hernandez spoke in regards to his June travel and lodging at the NALEO conference, thanked staff for their hard work and efforts for streamlining City Council meetings, thanked his colleagues and the public for their participation and efforts, and announced and spoke about August being Chicano Heritage Month and the activities taking place to honor it. Councilmember Bacerra announced a Thursday concert at Carl Thornton Park, a Saturday workshop on zoning code updates at MIT, and a homeownership fair at Santa Ana College, and announced his upcoming office hours on August 3rd at Bomo Koral Park, spoke and thanked the city regarding his travel to the AAPI conference, discussed the Supreme Court ruling regarding issues of homelessness and criminality, requested an update at the next City Council meeting regarding the fencing along the Flower St. bike trail, and requested staff investigate for the market at Van Ness and Bishop and the 7-11 at Edinger and Flower regarding CUP and ABC Licenses. Mayor Pro Tem Phan spoke regarding her attendance at the AAIP conference, and announced Friday movies at the park and National Night Out at Cabrillo Park on August 6tn Mayor Amezcua spoke regarding her attendance at the NALEO conference and regarding the State of the City on June 27, noted that Summer Night Lights ends August 2nd spoke regarding the Fourth of July, requested an update on the Police Commission for the next City Council meeting, notified the public about the resource fair at the Elks Lodge on July 28t", addressed the issue of homelessness, and expressed gratitude to the Santa Ana Police Department and the Orange County Fire Authority. ADJOURNMENT —Adjourn the City Council meeting. MINUTES: Mayor Amezcua adjourned the City Council Meeting in memory of former CITY COUNCIL City Council 21 JULY 16, 2024 7 — 21 8/6/2024 Fire Chief Corey Comperatore at 8:25 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC City Clerk CITY COUNCIL City Council 22 J U LY 16, 2024 7 — 22 8/6/2024 City Clerks Office www.santa-ana.org/city-clerks-office Item # 10 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Boards and Commissions Biannual Attendance Report AGENDA TITLE Receive and File Boards and Commissions Biannual Attendance Report for January Through June 2024 and Make Vacancy Determination(s) RECOMMENDED ACTION 1. Receive and file Boards and Commissions Biannual Report; 2. Declare that the Section 8 Tenant Seat on the Community Development Commission is vacant due to numerous absences by the previous incumbent; and 3. Provide other direction to staff, if/as needed. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Boards and Commissions Attendance Report is prepared biannually to inform the City Council regarding member attendance at board and commission meetings. This report covers the period of January through June 2024. Pursuant to Santa Ana Municipal Code Section 2-326(c), if a member of a board or commission absents themselves from two regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half of the regular meetings of such board or commission within a calendar year, or is convicted of a crime involving moral turpitude, or ceases to be a resident of the City, the office shall become vacant and shall be so declared by the City Council. Should the City Council find that any member of a board or commission meets the above noted absence thresholds, City Council may declare such vacancy and remove the board or commission member from their appointment. Any such vacancy would then be subject to appointment to fill the unexpired portion of the existing term, pursuant to City Council 10 — 1 8/6/2024 Boards and Commissions Biannual Attendance Report August 6, 2024 Page 2 Santa Ana Municipal Code Section 2- 326(b) and following the required noticing procedures of Government Code Section 54974(a). On the Community Development Commission, Vince Frazier, the Section 8 Tenant representative, has missed every meeting, without notice, during this reporting period despite numerous and varied attempts by staff to contact him. This is the third consecutive reporting period with the same absences. Staff recommends that City Council declare this position vacant in accordance with the above -referenced Municipal Code section. For the Rental Housing Board, enough appointees to meet quorum was only obtained over halfway through this reporting period. No meetings have been held and there is no attendance information to report. All Youth Commission meetings for this reporting period were canceled. Five new appointments have been made since March 2024; the next regularly scheduled meeting of the Youth Commission is planned for Wednesday, August 7, 2024. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Biannual Attendance Reports 2. Roster of Current Vacancies and Expired Terms Submitted By: Jennifer L. 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GOVERNMENT CODE §84308 APPLIES: No DISCUSSION On November 17, 2020, the City Council approved the formation of the Santa Ana Tourism Marketing District (SATMD), which is a benefit assessment district created to help fund marketing and sales promotion efforts for Santa Ana lodging businesses. The established SATMD includes all lodging businesses with 70 rooms or more located within the boundaries of the City of Santa Ana (City). The annual assessment rate is 2% of gross short-term room rental revenue and the SATMD has a five-year term, which began January 1, 2021 and will end on December 31, 2025. Travel Santa Ana, the nonprofit tourism marketing association, was formed to manage the SATMD assessment funds and implement marketing programs aimed at increasing tourism in the City. Through innovative strategies and a deep understanding of the City's unique appeal, Travel Santa Ana has elevated the City's profile, drawing visitors from far and wide. Through a multifaceted approach, combining digital marketing campaigns, community engagement, and strategic partnerships, Travel Santa Ana has fostered a vibrant tourism ecosystem, boosting local businesses and showcasing the City's rich cultural heritage. By highlighting the diverse tapestry of experiences the City has to offer, from its bustling arts scene to its culinary delights and historical landmarks, a narrative has been crafted that resonates with travelers of all backgrounds. Each year, Travel Santa Ana is required to submit an annual report to the City Council reporting on the activities of the previous year. The attached Annual Report highlights the successful marketing and promotional activities accomplished in 2023. City Council 11 — 1 8/6/2024 2023 Travel Santa Ana Annual Report August 6, 2024 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. 2023 Travel Santa Ana Annual Report Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, Acting City Manager City Council 11 — 2 8/6/2024 W + TRAVEL a � 2023 ANNUA RE 0 RTi!,, 1 1 I I 6 t�q_k_�q% .2 t7ity Council ililllll�l;li1117liYiI111i1illli As a non-profit, Travel Santa Ana is the official Destination Marketing Organization (DMO) for Santa Ana. Travel Santa Ana is dedicated to promoting the city as a desirable Orange County destination for business, leisure, meetings, sports, and group travel. As a non -for -profit, 501 C (6), Travel Santa Ana is funded by a 2%assessment implemented by the Santa Ana Tourism Marketing District (SATMD). The SATMD is comprised of 17 hotels and motels with (70) rooms or more within the boundaries of the City of Santa Ana. The assessment is paid for by visitors who stay at those hotels and motels. 2021-2023 TRAVEb SANTA ANA BOARD OF DIRECTORS: Chair. lulie Buettner, General Manager, Courtyard Costa Mesa South Coast Metro Vice -Chao: Robert Kravitz, General Manager, Courtyard Santa Ana/Orange County Treasurer Ryan Chase, Owner, 4th Street Market Secret, Erin Warady, Senior Vice President Marketing, Discovery Cube Frank Atayde, General Manager, Holiday Inn Orange County Airport Valerie Cooper, General Manager, Embassy Suites by Hilton Santa Ana Orange County Airport Dave Elliott, President & CEO, Santa Ana Chamber of Commerce Ashley Kravitz, Senior Marketing Director, MainPlace Mall Marc Morley, Economic Development Manager, City of Santa Ana Aaron Saliba, General Manager, DoubleTree Hotel Santa Ana/Orange County Airport Quinn Su, General Manager, Doubletree by Hilton Orange County Airport WENDY HAASE-ROBERTS President & CEO Director of Sales � ' 1I1M To share Santa na with the world. 166 EXHIBIT 1 THE WORK OF R DESTIRRTIOn ORGRnIZRTIOn If you built a place where people want to visit, then you have built a place where people want to live. ijrw";Z_ And if you built a place where business and residents will invest, then you have built a place where people will want to visit. 0KAND MANAGEVA"" PACE STEWARDS""' AND INVESTMENT PROMOTION AND SP►LES 2. bIVE And if you built a place where people want to live, then you have built a place where people want to work. And if you built a place where people want to work, then you have built a place where business and residents will invest. City Council 11 — 5 8/6/2024 EXHIBIT 1 The Santa Ana Tourism Marketing District (TMD) will continue to include lodging businesses, existing and in the future, available for public occupancy within the boundaries of the City of Santa Ana. The boundary, as shown in the below, currently includes seventeen (17) lodging businesses with seventy (70) rooms or more. �E..R.VVD. Z y MEMOFAIRHFAIRHRIAL PARK SANTA CLARA AVE. D A O D 0 0 y BRISTOL 17th ST. y MARKETPLACE 17th ST. SANTA ANA COLLEGE Z 2 y C � A 10 Q n 0 2p ' WILLOWICK N GOLF COURSE CIVIC CENTER DR. � y O H SANTA NA BLVD. 4th ST. 3rd ST. 1st ST. 1st ST. D y D ~ A rO < A Z O MCFADDEN AVE. MCFADJAVE EDINGE x AO D A D A a A D ~ 0 ti y y O WARNER AVE. WARNER AVE. DYER RD. SEGERSTROM AVE. O D < Z A y y y MACARTHUR BLVD. City Council 11 — 6 8/6/2024 HOTEL OUERUIEN ;�o Santa Ana Hotel Inventory: 2,740 rooms at 27 Hotel Hotel Annual Revenue: Over $77 Million* Hotel Visitor Tax: $20.6 Million Tourism Marketing District Collections: $2.8 Million Hotel Average Daily Rate: $228.82 Hotel Occupancy: 67% *Includes 15 of the 17 TMD hotels. Santa Ana CA Lodge and Red Roof Inn do not report to STR. C7DE9KJ�'F► Avow a• �I u. I a { 'a 11-7 EXHIBIT 1 Best Western Plus Orange County Airport North Location 2700 Hotel Terrace P148 MeetingS ROOMS 1 Room, 800 sq. ft. California Lodge Suites 2909 S. Briston St. 181 Comfort Inn & Suites Orange County John Wayne Airport 2620 Hotel Terrace 122 Courtyard Costa Mesa South Coast Metro 3002 S. Harbor Blvd. 145 3 Rooms, Largest 676 sq. ft.1,553 sq. ft. total Courtyard Marriott Santa Ana 8 MacArthur Place 155 4 Rooms, Largest 3,953 sq. ft., 5,059 sq. ft. total DoubleTree Club by Hilton Orange County Airport 7 Hutton Centre 167 5 Rooms, Largest 1,848 sq. ft., 3,976 sq.ft. total DoubleTree Santa Ana - Orange County Airport 201 E. MacArthur Blvd. 253 5 Rooms, Largest 7,308 sq. ft., 8,638 sq. ft. total Embassy Suites - Santa Ana Orange County Airport 1325 E. Dyer Road 301 9 Rooms, Largest 4,407 sq. ft., 7,629 sq. ft. total Hampton Inn & Suites Santa Ana Orange County Airport 2720 Hotel Terrace 121 1 Room, 400 sq. ft. Holiday Inn Express & Suites Santa Ana Orange County 1600 E. 1st St. 138 8 Rooms (1 per floor), Each GOO sq. ft. Holiday Inn Santa Ana Orange County Airport 2726 S. Grand Ave. 176 5 Rooms, Largest 1,866 sq. ft., 5,000 sq. ft. total La Quinta by Wyndham Orange County Airport 2721 Hotel Terrace 180 Mainstay Suites Orange County John Wayne Airport 2701 Hotel Terrace 176 Motel 6 Santa Ana/Irvine Orange County Airport 1717 E. Dyer Road 150 Motel 6 Santa Ana 1623 E. 1st St. 80 Red Roof Inn Santa Ana 2600 N. Main St. 125 Sonesta Simply Suites Orange County Airport 2600 Red Hill Ave. 122 City Council 11 — 8 8/6/2024 2022 DIRECT TRHUEL IMPACTS TO SflflTfl Rflfl $348.T5 MILLION rDIRECT�RAVEL SPENDING $24.9 MILLI011 IN TAX BY I TRINELSPEND DIRNG ��� ---� --� ��- ARE SUPPORTED BY VISITORS EQUALING $117 MILLION IN WAGES TO SANTA ANA'S ECONOMY. SANTA ANA'S MA]OR VISITOR SPENDING CATEGORIES: $90 million Dining $83 million Accommodations $68 million Arts, entertainment, & recreation $60 million Local transportation & gas $32 million Reta i l sales $25 million Food stores Without these travel -generated tax receipts, resident households in Santa Ana would pay $356 more a year in state and local taxes. TOURISM REUBUE HELPS TO SUPPORT: EXHIBIT 1 low STRRTEGIES 0. . Increase audience exposure to the brand across all touchpoints of the travel planning journey. • Cultivate third -party meeting planner relationships that amplify and magnify the city's sales impact in the marketplace, including attending sales missions and tradeshows. • Develop creative marketing campaigns that drive awareness and bookings. • Implement a strategic marketing mix that drives conversions from target demographics. • Test and track each marketing initiative to optimize performance. • Adjust campaigns on an ongoing basis to reach key performance metrics for the highest ROI. 8/6/2024 TRUESHOWS 208 LERDS 5 Q 8 HPPOINTMENTS $4 MILLION III POTENTIRL HOTEL REURUE ROAD & TRADE SHOWS • CA DMO Alliance • Meetings Today Live • Southern California Chapter of MPI • CaISAE Elevate & Seasonal Spectacular • Northstar's Independent Planners, • Student Youth Travel Association • Connect Spring, West & Marketplace Destination West & Destination California . TEAMS • HPN Global & Partner • Small Market Meetings • Visit California Meeting Planner • IMEX America • Smart Meetings National Road Shows Seattle & Denver CLIENT EUENTS: Hosted client events in Dallas, Las Vegas, Miami, Sacramento, Scottsdale, Seattle, and Vancouver. AVERAGE VISITOR SPEND $149 VISITOR MARKET AREA LOS ANGELES, CA 6 VISITORS 13.7% % VISITOR SPEND 2.4% AVG. VISITOR SPEND $87 SAN DIEGO, CA 12.1% 2.2% $79 PHOENIX, AZ 9.4% 3.8% $95 SAN FRANCISCO - OAKLAND - SAN ]OSE, CA 6.7% 6.4% $84 LAS VEGAS, NV 6.4% 1.8% $101 SACRAMENTO - STOCKTON - MODESTO, CA 4.3% 4.2% $100 FRESNO - VISALIA, CA 2.5% 1.5% $141 SALT LAKE CITY, UT 2.2% 1.6% $96 SEATTLE - TACOMA, WA 2.1% 3.2% $114 DALLAS - FT. WORTH, TX 2.0% 2.8% $186 VISITORS AGED 2S TO 54 q 70L w_ Iv DEMOGRAPHICS % OF VISITORS - $100K+ RAOL ftr v i%r % OF VISITORS WITH CHILDREN IN HOUSEHOLD A Ca/ I PAID MEDIA Social Media Pay -Per -Click Retargeting Display Ads /=/I. I EARNED MEDIA Blogger/Influencer Content Search Engine Optimization Social Media Content Media FAMS News Mentions OWNED MEDIA Website Blog Newsletter Social Media Channels WEBSITE Pflofuns: 248,567 TOP 5 PAGES: 2. Your Guide to the Heart of Orange County 2. Events 3. Fun Things to Do in Santa Ana: Museums & Historic Sites 4. Eat S. Digital Visitors Guide "'THINGS TO 00 In SRNTH RNR" ON , collaboration with Food, Fun & Faraway Places INSTAGRAM VIEWS INFLUENCERS & MEDIA HOSTED Carpe Diem Our Way: 64.7K I6 followers Food, Fun & Faraway Places: 95.3K I6 followers SoCalFieldtrips: 22.9K I6 followers Sometimes Home: 22K I6 followers Traveling Newlyweds: 73.5K I6 followers MEDIA EVENTS International Food, Wine TravMedia International &Travel Writers Association Media Marketplace ADVERTISING • Expedia "Always -On" Campaign Brand USA & Expedia 25,000 Room Nights Canada Campaign $3,893,227 in Hotel Revenue 5,098,072Impressions 222 Room Nights • Expedia OC Campaign $35,368 in Hotel Revenue 20,433 Room Nights $2,482,500 in Hotel Revenue Brand USA & Expedia Mexico Campaign Expedia Mexico Campaign 2,275,263Impressions 53 Room Nights 79 Room Nights $7,454 in Hotel Revenue $22,920 in Hotel Revenue Society of American Visit California Media Events Travel Writers Los Angeles & Mexico �......�� ���.. oiai.d wn wax Moya'.6ic Travel Saniu kra'S public relations efforts CA Meetings + Events Houston Woman earned media coverage in the following: W _ — ,c. Mactiiiys - Rvui.0 Trip • Travel Itch Radio �'vi' �= colleen Kelly SANTA ANA! bA CAPETAb CuLii m t DEL EONDWDO DE D0.RJICEI A fir'' ` •�; � �,"' N Sp,HTA AArA RIGHT WHERE III_SEE i M SGUF . - OISCOVER M�cw� 0,711% 01POLAMEMM". y i a 1 f��fjjJ� nn66 �j�jyyJ� [jj[��,� & { qh. 1 R i i DISCOVER A {ITI RN LLGE ANYWHERE ELSE IN GRANGE E®D wry, SBUTH 1 � M Sj r•1.1 y i DISCOVER A CITY UKLIXE AKYWHERE ELSE Ill ORABGE CGUKTY. It 6 R 0 1 R Rnfl,Cfl MEETINGS IN SfltlTfl fltlfl � �=-J RPE DIFFERENT NFFi IN SAMTA ANA 11IMJ'1I - - OFFICIAL SANTA ANA VISITORS GUIDE Published the inaugural Santa Ana Visitors Guide. The guide is distributed at California Welcome Centers, Santa Ana hotels, John Wayne Airport, and more locations. A digital version is available in English and Spanish. More than 200 murals and public art are curated into a comprehensive online guide. The guide features images of the art and artist, a description, along with artist information and location. There is a map displaying each location for easy use. Special thanks to the City of Santa Ana and the Public Humanities program at UCI for their efforts, and the research conducted by the Pocket Site's Walking Tour by Mapping Arts Project, Mapping Santa Ana, The Heavy's Public Art Guide, SparkOC, and the collection of city -sponsored public artworks. PROUD= SANTANERO o1scol"n �SANTA ANA'SOEE� CflnnflB13 ScEnE Developed a tourism program to highlight Santa Ana's unique cannabis offerings. Stell` l HONORING EXCELLENCE .' IN THE MEETINGS INDUSTRY 2023 a pKmeetingsgroup J PUBLIC 1-- t�u�fl� L The second series of "Proud Santanero" features four locals answering the question "what makes them a Proud Santanero." The locals include: Ali Coyle (Ali Coyle Music) Jeffrey I'll" lensen (Chapter One: the modern local) Vanessa Pozzobon (Mission Bar) Teresa Saldivar (Teresa's Jewelers) The Video series is promoted on YouTube and a designated landing page. ORANGE COUNTY RESTRURRnT WEEK Partnered with Orange County Restaurant Association to support 22 Santa Ana restaurants' participation in OC Restaurant Week. I DMAwma • Santa Ana signatures • "Proud Santaneso" Campaign • Santa Ana Stickers • Santa Ana Signatures • Visitors Guide • "Always Bet on Us" video 2023 THUEL SflnTfl flnfl BUDGET S199 MILLION 2023 Sfl11Tfl flllfl TOURISM MflRREi1110 DISTRICT REUEIIUE $198 t4ILLLION SALES £r MARKETING: 80% 0 RESERVES: 8% CITY FEE: 2% 0 ADMINISTRATION: 20% Category Budgeted Actual Revenue Expenditures — *February 2023 a higher assessment collected due to a hotel coming current on 2022 payments. **Tnrinrinc rnrni-nvnrfrnm nrawinnc 7n77 nnrl 7n71 hi,rinat City Courlbia ASSESSMENT There is no change in the method and basis of levying the assessment. The annual assessment rate is two percent (2%) of gross short-term room rental revenue. Based on the lack of benefit received, assessments will not be collected on revenue resulting from: stays of more than thirty (30) consecutive days; stays by any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty; and stays that any nonprofit organization which, as the result of a disaster, provides at its own expense hotel or motel shelter to any victim of a disaster. The term "gross room rental revenue" as used herein means: the total consideration charged, whether or not received, for the occupancy of a space in a lodging business valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits, property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state, or local taxes collected, including but not limited to hotel visitor taxes. The assessment is Levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business. The assessment shall be disclosed as the "SATMD Assessment." The assessment is imposed solely upon and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purposes, including calculation of hotel visitor taxes. Community Development Agency www.santa-ana.org/community-development Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Youth Workforce Services under the Workforce Innovation and Opportunity Act AGENDA TITLE Agreement with the Orange County Children's Therapeutic Arts Center for Youth Workforce Services for Program Year 2024-2025 (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Orange County Children's Therapeutic Arts Center for youth workforce services for a one-year term beginning August 1, 2024 and ending July 31, 2025, in an amount not to exceed $300,000 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Under the authority of the Workforce Innovation & Opportunity Act (WIOA), the Santa Ana Workforce Development Board (WDB) is required to procure Youth Service Providers to provide WIOA services to eligible at -risk Santa Ana youth. On November 4, 2022, staff released the Youth Provider Request for Proposals (RFP) to establish a list of qualified youth providers for a four-year procurement period of July 1, 2023 to June 30, 2027. After the RFP review process, the committee recommended the Workforce Development Board approve the RFP ranking and forwarded a recommendation to City Council to award an agreement with the Orange County Children's Therapeutic Arts Center (OCCTAC). City Council approved the initial agreement under the new procurement cycle on June 20, 2023. On May 15, 2024, the state released Information Notice WSIN 23-43 with estimated WIOA Formula Allocations for PY 2024-25. Santa Ana's Youth allocation is $770,569. City staff have worked closely with the OCCTAC staff over the past year to ensure contract compliance and successful outcomes for the participants and WIOA grant. Staff recommends renewing OCCTAC's WIOA Youth Agreement for the Program Year 2024-2025, and to increase the agreement to $300,000 to reflect an increase in stipends/wages that are paid to the youth participants and increased overall operational expenses. City Council 12 — 1 8/6/2024 Youth Workforce Services under the Workforce Innovation and Opportunity Act August 6, 2024 Page 2 Orange County Children's Therapeutic Arts Center will provide occupational skills training in office administration and childcare worker certification along with workforce readiness preparation, paid work experience, tutoring, mentoring, counseling, and supportive services for 20 Santa Ana youth (Exhibit 1). OCCTAC is on track to meet WIOA Youth Performance Measures. In addition, per federal regulations, Youth Providers must enroll and spend 80% of funds on Out -of - School Youth and 20% on work experience participant stipends and/or wages. FISCAL IMPACT Funds in the amount of $300,000 are available in the FY 2024-25 budget WIOA Youth Payment to Subagent account (no. 12318763-69135). EXHIBIT(S) 1. Agreement Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, Acting City Manager City Council 12 — 2 8/6/2024 EXHIBIT 1 AGREEMENT UNDER THE WORKFORCE INNOVATION AND OPPORTUNITY ACT THIS SUBAWARD AGREEMENT, made and entered into this 6' day of August, 2024, by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and Orange County Children's Therapeutic Arts Center, a non-profit corporation identified by the assigned Data Universal Numbering System (DUNS) Number 014317940, ("SUBRECIPIENT"). RECITALS: A. CITY has been designated a Local Workforce Development Area (LWDA) under the Workforce Innovation and Opportunity Act of 2014, Public Law 1-113-128 ("the Act"), Catalog of Federal Domestic Assistance (CFDA) Number 17.259 and Federal Award Identification Number (FAIN) AA253421455A6. B. The State of California has created the LWDA to administer the Act programs operated by the State of California pursuant to the Act. C. As a LWDA, CITY is entitled to receive federal funds to establish programs to increase the employment, retention and earnings of Participants, and increase occupational skills attainment by Participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the nation ("said program"). D. SUBRECIPIENT is experienced in operating workforce development programs for at -risk youth that provide preparation for secondary and post -secondary education, occupational training, and employment skills for entry into the labor market. E. SUBRECIPIENT is willing to operate said program pursuant to the Act and California law. WHEREFORE, for and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: I. SUBRECIPIENT'S OBLIGATIONS A. SUBRECIPIENT agrees to provide the following services pursuant to said program, as more specifically set forth in SUBRECIPIENT'S Program Narrative contained in "Exhibit A", as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA) per 2 CFR §200.332(a)(1)(ix), and in the Performance Indicators contained in "Exhibit B", per 2 CFR §200.332(d) [or 2 CFR §200.332(e) effective October 1, 2024] and 2 CFR §200.328, both attached hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to provide said services may be grounds for CITY to readjust the level of payment to SUBRECIPIENT otherwise provided for hereinafter. City Council 12 — 3 8/6/2024 Page 1 of 18 EXHIBIT 1 B. SUBRECIPIENT agrees to provide benefits to individuals who participate in the activities and services funded by this Agreement ("Participants") in accordance with the standards and requirements set forth in the Act. C. SUBRECIPIENT agrees to perform the services set forth herein in a professional, timely and diligent manner. D. SUBRECIPIENT shall provide wages and benefits to Participants in accordance with the standards and requirements of the Act, including Section 181 of the Act. E. SUBRECIPIENT shall adhere to the Labor Standards described in the Act, including Section 181 of the Act. F. SUBRECIPIENT agrees to comply with the "Complaint Handling Procedures Under the WIOA", attached hereto as "Exhibit C" and incorporated herein as though fully set forth in 20 CFR 658.411. SUBRECIPIENT shall advise Participants of their rights to file complaints under the Act and the procedures for resolution of any complaints. CITY's procedures for handling complaints alleging a violation of the Act, regulations, grants, or other agreements under the Act shall be followed and any decision of CITY, the State or the federal government relating to the complaint shall be binding and followed by SUBRECIPIENT. SUBRECIPIENTS who are employers shall operate a grievance system that incorporates CITY's procedures for resolution of complaints relating to the terms and conditions of employment; these procedures shall be approved in writing by CITY. G. As a condition of this award of financial assistance under the Act to SUBRECIPIENT from CITY, SUBRECIPIENT assures, with respect to operation of all programs or activities funded with funds provided pursuant to the Act, and all agreements or arrangements to carry out such programs or activities, that it will comply fully with the nondiscrimination and equal opportunity provisions of the Act (Section 188) and compliance with Equal Employment Opportunity provisions in Executive Order (E.O.) 11246, as amended by E.O. 11375 and supplemented by the requirements of 41 CFR Part 60; the Nontraditional Employment for Women Act of 1991; Title VI of the Civil Rights Act of 1964, as amended; section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Americans with Disabilities Act of 1990; and with all applicable requirements imposed by or pursuant to regulations implementing those laws, including, but not limited to, 29 CFR Parts 33 and 37. The United States, the State of California and CITY have the right to seek judicial enforcement of this assurance. H. SUBRECIPIENT agrees that no Participant(s) shall commence training prior to the approval of funding pursuant to Section 123 of the Act. I. SUBRECIPIENT agrees to the following accounting, monitoring, auditing, and review requirements: 1. SUBRECIPIENT agrees to maintain such records and submit such reports, data and information, on the form and containing such information, at such times as CITY may request or require regarding the performance of SUBRECIPIENT'S services or activities, costs or other data, including but not limited to, Participants' attendance, payroll City Coundil 12 — 4 8/6/2024 Page 2 of 18 EXHIBIT 1 2. SUBRECIPIENT agrees to forward to the Santa Ana WORK Center Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California 92701 completed Workforce Innovation and Opportunity Act Application form and supporting documents; a complete Workforce Innovation and Opportunity Act Enrollment; any subsequent updates; Workforce Innovation and Opportunity Act Youth Test Scores form; Workforce Innovation and Opportunity Act Exit form upon completion/termination of active enrollment of Participant; and the Workforce Innovation and Opportunity Act Follow -Up form within 15 days following 30, 60, 90, 180, 270, and 360 days of exit. SUBRECIPIENT agrees to enter information on the State of California's CalJobs database system as instructed and requested by the Santa Ana WORK Center Administration. 3. CITY, the State of California and the United States government and/or their representatives shall have access for purposes of monitoring, auditing and examining of SUBRECIPIENT'S activities, performance, books, documents, papers, records of SUBRECIPIENT SUBRECIPIENTs, bookkeepers, accountants, employees and Participants related to this Agreement. Such agencies or representatives shall also schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and Participants and entering any premises or onto any site in which any of the services or activities funded hereunder are conducted or in which any of the records of SUBRECIPIENT are kept (2 CFR §200.330). Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. 4. In the event SUBRECIPIENT does not make the above -referenced documents available within the City of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained. 5. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this Agreement shall be kept available at the location where SUBRECIPIENT conducted the program, as well as in the County of Orange, for the duration of this Agreement and thereafter for three (3) years after completion of an audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY, the State of California or the United States Government take exception, shall be retained beyond the three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions. J. Without prejudice to any other section of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning Participants in accordance with the requirements of federal and state law. Notwithstanding the foregoing, SUBRECIPIENT agrees to submit to CITY, the State of California and/or the United States Government or their representatives, all records requested for administrative purposes, including audits, examinations, monitoring and verification of records submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. K. SUBRECIPIENT agrees to complete a monthly Invoice form showing in detail the amou t alr ady aw+wad@.7 by 21 T 3RXCIRILNT LQr-@ ,&J@r-ag thig ig a GaRL w4la;h„r-gement City Council 12 — 5 8/6/2024 Page 3 of 18 EXHIBIT 1 contract. Accounting records must be supported by such source documentation as invoices, bills, statements, proof of payment, such as cancelled checks, payment confirmations, account statements, paid bills, payroll records, time and attendance records, and contract and subgrant award documents (2 CFR §200.101(b)(2)). SUBRECIPIENT agrees to submit the above -stated documents to the WDB Administrative Office, 801 W. Civic Center Dr., Suite 200, Santa Ana, California, 92701, by the tenth (loth) day of the month following the month in which SUBRECIPIENT'S services are performed. Should SUBRECIPIENT fail to deliver said documents to CITY within thirty (30) days of said deadline, CITY shall provide SUBRECIPIENT with written notice of such deficiency. If said deficiency is not corrected within thirty (30) days of mailing such written notice, CITY shall have the option to deobligate SUBRECIPIENT's funds and cancel this Agreement by giving SUBRECIPIENT ten (10) days written notice thereof. SUBRECIPIENT shall either return to the CITY excess revenues over costs or use such excess revenues as program income for additional training activities authorized under the Act. L. SUBRECIPIENT agrees to expend all funds in accordance with all applicable federal, state and local laws and regulations. SUBRECIPIENT also agrees to provide, at SUBRECIPIENT'S own expense, supplies and other costs of said PROGRAM. M. SUBRECIPIENT shall arrange independently for an audit that includes WIOA funds received from CITY, in accordance with the Act, 2 CFR 200.500 et seq. SUBRECIPIENT shall submit one original of each required audit report to CITY within thirty (30) days after the date received by SUBRECIPIENT. Should SUBRECIPIENT fail to comply with these requirements, CITY may, at its option, withhold payment of funds, disallow funds, or suspend additional grant funds. N. SUBRECIPIENT shall not expend funds pursuant to this Agreement to provide services to any Participant where costs of training are paid for by any other person or entity. O. SUBRECIPIENT shall comply with the provisions of Uniform Guidance 2 CFR Part 200 of the U.S. Office of Management and Budget (OMB) and all other applicable federal statutes and executive orders and their implementing regulations, including regulations at 29 CFR Part 97. P. SUBRECIPIENT shall comply with the requirements of federal regulations found at 29 CFR Part 93, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, member of Congress or an officer or employee of a member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a Certification Regarding Lobbying to that effect in a form as set forth in "Exhibit E," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement. Q. SUBRECIPIENT agrees to provide a drug -free work place and to execute a Drug Free Workplace Certification as set forth in "Exhibit F" attached hereto and incorporated herein by this reference. City Council 12 — 6 8/6/2024 Page 4 of 18 EXHIBIT 1 R. SUBRECIPIENT, in accordance with the Child Support Compliance Act, recognizes and acknowledges the importance of child and family support obligations and shall fully comply with all state and federal laws relating to child and family support enforcement, including, but not limited to: disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9 of the state Family Code; and, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Employee Registry maintained by the California Employment Development Department (EDD). S. SUBRECIPIENT agrees to comply with all applicable provisions of the Act, and all applicable federal regulations, including, but not limited to, the Code of Federal Regulations, Subtitle A --Office of Management and Budget Guidance for Grants and Agreements, as well as all applicable state and local regulations. T. SUBRECIPIENT agrees to remain in compliance with the Certification Regarding Debarment ("Exhibit G"), as required by the regulations implementing Executive Order 12549, Debarment and Suspension, (2 CFR Part 180). U. SUBRECIPIENT agrees to provide priority of services for veterans and eligible spouses pursuant to 20 CFR Part 1010, and the regulations implementing priority of service for veterans and eligible spouses in Department of Labor job training programs under the Jobs for Veterans Act published at 73 Fed.Reg. 78132 on December 19, 2008. V. SUBRECIPIENT acknowledges that the official name for the statewide system of providing employment and training through the WIOA partnerships and various other local programs is "America's Job Center". To achieve the goals of this grant, it is important that the public has a quick and easy method to identify that the projects or programs they are taking part in are part of the "America's Job Center". SUBRECIPIENT agrees to place the America's Job Center logo, in accordance with the State of California guidelines for such use, on all public materials, such as statements, press releases, brochures, advertisements, reports and other documents describing projects or programs funded in whole or in part with WIOA funds. When the America's Job Center logo is used, SUBRECIPIENT may accompany it with the following statement, "The (Program Name) is a proud partner of the America's Job Center network". SUBRECIPIENT shall not use the America's Job Center logo in any manner that would imply that the State of California endorses a commercial product, service or activity. II. CITY'S OBLIGATIONS A. On June 6, 2024, the CITY was awarded a Department of Labor Workforce Innovation and Opportunity Act youth grant of $770,569.00 for fiscal year 2024-2025. CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received under the provisions of the Act a sum not to exceed $300,000.00 for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit D" and incorporated herein by reference, during the period of this Agreement for Program Year 2024-2025. Said sum shall be paid after CITY receives invoices submitted by SUBRECIPIENT as provided hereinabove. City Council 12 — 7 8/6/2024 Page 5of18 EXHIBIT 1 B. Pursuant to 2 CFR §200.332(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the Federal government, or, if no such rate exists, either a rate negotiated between the CITY and the SUBRECIPIENT, or a de minimis indirect cost rate as defined in 2 CFR §200.414(f) Indirect (F&A) costs. C. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the approval of the Executive Director, so long as the total Budget amount does not increase. D. CITY agrees to provide for on -site monitoring reviews of said program operation at least annually. In addition, monthly desktop reviews of pertinent information will be conducted. E. CITY has the right to de -obligate the funds hereunder, and take such funding back from SUBRECIPIENT, due to any of the following reasons: (a) lack of performance by SUBRECIPIENT; (b) lack of fiscal accountability of SUBRECIPIENT; or (c) decrease in available funding. III. TERM OF AGREEMENT A. This Agreement shall commence on August 06, 2024, and all duties arising under this Agreement shall have been performed by June 30, 2025. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. SUBRECIPIENT acknowledges and agrees that it must provide follow-up services for one (1) year after the Term, whether funded or not. B. SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343, including the following: 1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award; 2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all obligations incurred under the Federal award not later than ninety (90) calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal award; 3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); 4. SUBRECIPIENT must account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-200.316 and 2 CFR 200.329; and, 5 The (TTV chrnilrl nnmp lete all nlncernrt antinnc fnr the Federal award no City Council 12 — 8 8/6/2024 Page 6 of 18 EXHIBIT 1 later than one year after receipt and acceptance of all required final reports. IV. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. V. WORKER'S COMPENSATION AND EMPLOYER'S RIGHTS A. SUBRECIPIENT shall use appropriate funds received from CITY to provide workers' compensation to all those hired by SUBRECIPIENT under this Agreement. B. SUBRECIPIENT shall have the right to hire, dismiss, or promote its employees or contract personnel hired under this Agreement so long as its hiring or dismissal policy or standard does not violate Title VII of the Civil Rights Act of 1964, Fair Labor Standards Act of 1938, or any other applicable law, and SUBRECIPIENT maintains itself as an Equal Opportunity employer. VI. APPLICABLE GUIDELINES A. The parties hereto agree that SUBRECIPIENT shall comply with all applicable federal and state laws and regulations, including, but not limited to the Performance Indicators (Exhibit B) and general program requirements described in Sections 2 and 116 of the Act, and applicable regulations, and the U.S. Department of Labor guidelines and regulations, including amendments or revisions made during the terms of this Agreement. Said applicable laws are hereby incorporated by reference and made part of this Agreement as though fully set forth herein. B. SUBRECIPIENT also assures and certifies that: 1. SUBRECIPIENT acknowledges and confirms that the U.S. Department of Labor has established six (6) performance indicators for youth: (a) Percent of Participants who are in education/training activities, or in unsubsidized employment during the 2nd quarter after exit; (b) Percent of Participants who are in education/training, or in unsubsidized employment during the 4ch quarter after exit; (c) the median earnings of Participants in unsubsidized employment during the 2nd quarter after exit; (d) Percent of Participants who obtain recognized postsecondary credential or secondary diploma during participation or within 1 year after exit; (e) Percent of Participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains; and, (f) effective in serving employers. SUB t may City Council 12 — 9 8/6/2024 Page 7 of 18 EXHIBIT 1 be subsequently required by the Workforce Innovation and Opportunity Act or by any other Federal, State, and local law. 2. SUBRECIPIENT shall comply with Title VII of the Civil Rights Act of 1964 (P.L. 88-352) and in accordance with Title VII of the Act, requiring that no person shall, on the grounds of race, color, religion, sex, age, disability or national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement. 3. SUBRECIPIENT shall comply with any and all federal laws limiting the political activity of employees hired under this Agreement. 4. SUBRECIPIENT shall comply with the requirements that no program under the Act shall involve political activities. 5. RECORD INSPECTION. SUBRECIPIENT shall provide the U.S. Department of Labor and the Controller General, by and through any authorized representative, as well as the WIB Administrative Office, access to and the right to examine all records, books, papers or documents relating to the accounting and use of funds under this Agreement for a three-year period from and after the effective date of this Agreement. 6. No person with responsibilities in the operation of any program under the Act shall discriminate with respect to any program Participant or any application for participation in such program because of race, religion, color, national origin, sex, political affiliation or beliefs. 7. SUBRECIPIENT shall maintain appropriate standards for health and safety in work and training situations. 8. SUBRECIPIENT shall comply with general provisions, assurances, and execute the Assurances and Certifications attached hereto as "Exhibit H" and incorporated herein. 9. EQUAL OPPORTUNITY. Any literature distributed by SUBRECIPIENT for the purpose of apprising businesses, Participants, or the general public of its programs under this Agreement shall state that its programs are supported by the City of Santa Ana and the Santa Ana Workforce Investment Board, and shall state that the program is an "equal opportunity employer/program" and that "auxiliary aids and services are available upon request to individuals with disabilities." 10. Based on the population eligible to be served, or likely to be directly affected by the WIOA program or activity, the services or information may need to be provided in a language other than English in order to allow such population to be effectively informed about or able to participate in the program or activity. Pursuant to 29 CFR 37.35, SUBRECIPIENT must take reasonable steps to provide services and information in appropriate languages after considering the scope of the program or activity, and the size and concentration of the population that needs services or information in a language other than English. 11. SUBRECIPIENT certifies that all property, finished or unfinished documents, data, studies and reports prepared or purchased under this Agreement, will be disposed of in accor to the City Council 12 — 10 8/6/2024 Page 8 of 18 EXHIBIT 1 SUBRECIPIENT by the CITY and/or purchased by the SUBRECIPIENT with funds pursuant to this Agreement, will be limited to use within the activities outlined in this agreement and will remain the property of the United States Government and/or CITY. Upon termination of this Agreement, SUBRECIPIENT will immediately return such tools and/or equipment to the CITY or dispose of them in accordance with the direction of the CITY. 12. SUBRECIPIENT certifies that this Agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose, nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination, as specified by Article XVI, Section 5, of the Constitution of the State of California, regarding separation of church and state. 13. PATENT, COPYRIGHTS AND RIGHTS IN DATA. The SUBRECIPIENT will disclose to the CITY any invention, written product, or computer program developed, or data assembled, as a result of performance of work under this Agreement, within seventy-four (74) days of invention, development or assembly. The CITY, State of California, and U.S. Department of Labor will have the right to patent any invention and copyright any written product or computer program or data generated by SUBRECIPIENT. Upon written request, SUBRECIPIENT will transfer all pertinent information, specifications and right, title and interest to the designated agency. 14. INVENTIONS, PATENTS AND COPYRIGHTS. A. Reporting Procedure. If any project produces patentable items, patent rights, processes, or inventions in the course of work under a U.S. Department of Labor (DOL) grant or agreement, the SUBRECIPIENT shall report the fact promptly and fully to the CITY. The CITY shall report the fact to the Grant Officer, at the DOL. Unless there is a prior agreement between the CITY and the DOL and its representative on these matters, the DOL shall determine whether to seek protection on the invention or discovery. The DOL and its representative shall determine how the rights in the invention or discovery, including rights under any patent issued thereon, will be allocated and administered in order to protect the public interest consistent with the "Governmental Patent Policy" (President's Memorandum for Heads of Executive Departments and Agencies, August 23, 1971, and Statement of Government Patent Policy as printed in 36 FR 16889). B. Copyright Policy. 1. Unless otherwise provided in the terms of the grant or agreement, when copyright - able material is developed in the course of or under a DOL Grant or agreement, the author and the CITY which developed the work is free to copyright material or to permit others to do so. The SUBRECIPIENT and the Workforce Development Board (WDB) shall have a royalty -free, nonexclusive and irrevocable license to reproduce, publish, use and to authorize others to use all copyrighted material. 2. The DOL reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: (a) The copyright in any work developed under any grant, sub -grant, or contract under a grant or subgrant; (b) Any right of copyright to which a grantee, subgrantee or a SUBRECIPIENT purchases City Council 12 —11 8/6/2024 Page 9 of 18 EXHIBIT 1 ownership with grant support; and, (c) SUBRECIPIENT shall comply with the requirements of 29 CFR § 97.34. C. Rights to Data. The DOL and the CITY shall have unlimited rights to any data first procured or delivered under this Agreement. 15. CLEAN AIR / CLEAN WATER ACT. If the grant hereunder exceeds $100,000, SUBRECIPIENT must comply with Section 306 of the Clean Air Act [(42 USC 7606 ]; Section 508 of the Clean Water Act (33 USC 1368); Executive Order 11738 and Environmental Protection Agency ("EPA") regulations (40 CFR Part 35) as any may now exist or be hereafter amended. Under these laws and regulations, the SUBRECIPIENT assures that: (a) No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; (b) It will notify CITY prior to award of the receipt of any communication from the Director, Office of Federal Activities, U.S. EPA, indicating that a facility to be utilized for the grant is under consideration to be listed on the EPA List of Violating Facilities; and, (c) It will notify the CITY and the EPA about any known violation of the above laws and regulations. 16. SUBRECIPIENT agrees to adhere to the following STANDARDS OF CONDUCT: a. General Assurance. Every reasonable course of action will be taken by SUBRECIPIENT in order to maintain the integrity of this expenditure of public funds and to avoid favoritism. This Agreement will be administered in an impartial manner, free from errors to gain personal, financial, political gain. SUBRECIPIENT, its officers and employees, in administering this Agreement, will avoid situations which give rise to a suggestion that any decision was influenced by prejudice, bias, special interest or desire for personal gain. b. Employment of Former State or CITY Employees. SUBRECIPIENT will ensure that any of its employees who were formerly employed by the State of California or CITY, in a position that could have enabled such individuals to impact policy regarding or implementation of programs covered by this Agreement, will not be assigned to any part or phase of the activities conducted pursuant to this Agreement for a period of not less than two (2) years following the termination of such employment. c. Conducting Business Involving Relatives. No relative by blood, adoption or marriage of any executive or employee of SUBRECIPIENT will receive favorable treatment when considered for enrollment in programs provided by, or employment with, SUBRECIPIENT. d. Conducting Business Involving Close Personal Friends and Associates. Executives and employees of SUBRECIPIENT will be particularly aware of the varying degrees of influence that can be exerted by personal friends and associates and, in administering this Agreement, will exercise due diligence to avoid situations which give rise to an assertion that favorable treatment is being granted to friends and assnniat— BI — it is in tha nnhlin intarast fnr CTTTIPPCTPTPNT to nnnrdnnt hnsinass with City Council 12 — 12 8/6/2024 Page 10 of 18 EXHIBIT 1 a friend or associate of an executive or employee of SUBRECIPIENT, an elected official in the area or a voting or non -voting member of the Workforce Investment Board (WIB), a permanent record of the transaction will be retained. e. Avoidance of Conflict of Economic Interest. No executive or employee of SUBRECIPIENT elected official in the area, or voting or non -voting member of a WDB, will solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by SUBRECIPIENT or CITY. Supplies, materials, equipment or services purchased with Agreement funds will be used solely for purposes asserted or allowed under this Agreement. No voting member of the WDB will cast a vote on the provision of services or vote on any matter which would provide direct financial benefit to that member or any business or organization which the member directly represents. f. Salary and Bonus Limitations. All Subrecipients of WIOA program funds are required to comply with federal requirements regarding the limitations on salary and bonus payments in accordance with Public Law 109-149, Section 503. VII. HOLD HARMLESS A. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from any and all claims, demands, suits, actions or proceedings of any kind or nature, including, but not by way of limitation, workers' compensation claims, resulting from or arising out of the negligent acts, errors or omission of SUBRECIPIENT, its employees or subcontractors. B. SUBRECIPIENT shall indemnify and save harmless CITY, its officers, agents and employees, from and against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY, and shall defend, indemnify and save harmless CITY, its officers, agents and employees, from and against any and all claims, demands, suits, actions or proceedings therefore, resulting from or arising out of the intentional or malicious acts of SUBRECIPIENT, its employees or subcontractors. VIII. INSURANCE SUBRECIPIENT shall procure and maintain for the duration of the agreement, the following insurance coverages: MINIMUM SCOPE AND LIMIT OF INSURANCE SUBRECIPIENT shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering City Council 12 — 13 --- 2b 24mage, Page 11 of 18 EXHIBIT 1 bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. 2. Sexual Abuse or Molestation Liability (SAML): If the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, SUBRECIPIENT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit of no less than $1,000,000 per occurrence or claim. 3. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. 4. Workers' Compensation (W/C): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if SUBRECIPIENT has no employees. If SUBRECIPIENT maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by SUBRECIPIENT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: 1. CGL, SAML and AL policies: City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Permittee including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. All required insurance policies: Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Permittee for City. 3. All required insurance policies: For any claims related to this contract, Permittee's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that SUBRECIPIENT's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Each insurance policy required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written shall be provided to City for policy cancellation or non -renewal due to non- payment. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. City Council 12 — 14 8/6/2024 Page 12 of 18 EXHIBIT 1 Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. City may require SUBRECIPIENT to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than ANII, unless otherwise acceptable to City. Verification of Coverage SUBRECIPIENT shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Permittee's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Company must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors SUBRECIPIENT shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and SUBRECIPIENT shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. IX. CORPORATE STATUS All corporate SUBRECIPIENTs shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in corporate status or suspension shall be reported immediately to CITY. City Council 12 — 15 8/6/2024 Page 13 of 18 EXHIBIT 1 X. ASSIGNABILITY None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. SUBRECIPIENT acknowledges and agrees that it must follow procurement regulations for subrecipients (2 CFR §200.317). No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement. XI. LAWS GOVERNING THIS AGREEMENT In its performance under this Agreement, SUBRECIPIENT shall fully comply with the requirements of the following, whether or not otherwise referred to in this Agreement: 1. The Act and all applicable federal statutes, regulations, policies, procedures and directives, including but not limited to, 2 CFR Part 200 and 20 CFR. Parts 651 and 654 2. All applicable State statutes, regulations, policies, procedures and directives; 3. All applicable CITY policies, procedures and directives; 4. All applicable local ordinances and requirements, including use permits and licensing; 5. Court orders applicable to its operation; and, 6. The terms and conditions of this Agreement. If any of the foregoing is enacted, amended, or revised, SUBRECIPIENT will comply with such or will notify CITY after enactment or modification that it cannot so comply. CITY may thereupon terminate this Agreement, if necessary. XII. EXCLUSIVITY AND AMENDMENT OF AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of SUBRECIPIENT by CITY, and contains all the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. City Council 12 — 16 8/6/2024 Page 14 of 18 EXHIBIT 1 XIII. FRAUD SUBRECIPIENT shall immediately report to CITY all instances and facts concerning possible fraud, abuse or criminal activity relating to expenditure or receipt of funds under this Agreement. XIV. CONTINGENCY OF FUNDS SUBRECIPIENT acknowledges that approval of and funding for this Agreement is contingent upon State approval, and funds received or obligated from the State of California to CITY. If such approval of funds is not forthcoming, or is otherwise limited, CITY shall immediately notify SUBRECIPIENT. Within twenty (20) days of receipt of such notice, SUBRECIPIENT shall modify or cease operations as directed by CITY and negotiate necessary modification to this Agreement and/or reimbursement of costs incurred hereunder. XV. TERMINATION A. This Agreement may be terminated by either party at its sole discretion, upon thirty (30) days written notice to the other party. Notice shall be deemed served on the date of mailing. However, SUBRECIPIENT may not terminate this Agreement if undue hardship will result to any Participant. B. In the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of fiuther liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance. XVI. DISPUTES Except as otherwise provided in this Agreement, any dispute concerning any question arising under this Agreement shall be decided by CITY. In such a case CITY shall reduce its decision to writing and mail or otherwise furnish a copy thereof to SUBRECIPIENT. The decision of the City shall be final and conclusive unless within thirty (30) calendar days from the mailing or delivery of such copy, CITY receives from SUBRECIPIENT written request to appeal said decision. Procedures governing the appeal shall be prescribed by CITY and/or the State of California in accordance with the Act and all corresponding regulations and OMB circulars. Pending final disposition of the appeal, SUBRECIPIENT shall act in accordance with CITY's decision unless the dis City Council 12 — 17 8/6/2024 Page 15 of 18 EXHIBIT 1 XVII. BREACH - SANCTIONS If, through any cause, SUBRECIPIENT violates any of the terms and conditions of this Agreement, and/or prior agreements whereby grant funds were received by SUBRECIPIENT pursuant to this Agreement, or if SUBRECIPIENT reports inaccurately or if any Audit Report makes disallowances, SUBRECIPIENT shall promptly remedy its acts or omissions and/or repay CITY all amounts due CITY as a result of SUBRECIPIENT's violation. For any such failures or violations, CITY shall also have the right at its sole discretion to either: (1) discontinue program support until such time as SUBRECIPIENT fulfills its obligations or remedies all violations of this Agreement or prior agreements; and/or (2) collect outstanding amounts as determined by CITY due CITY by offsetting or debiting from current claims or invoices, if after thirty (30) days' written notice SUBRECIPIENT has failed to repay same or a repayment schedule has not been made; and/or (3) terminate this Agreement by giving written notice to SUBRECIPIENT of such termination in accordance the notice provision in Paragraph XVIII herein below. XVIII. NOTICES All notices, reports and correspondence between the parties hereto respecting this Agreement shall be in writing and deposited in the United States Mail, postage prepaid, addressed as follows: CITY: City of Santa Ana Manager, WDB Administrative Office P.O. Box 1988 (M-76) Santa Ana, CA 92702 CLERK: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Telefacsimile (714) 647-6956 SUBRECIPIENT: Orange County Therapeutic Art Center 2215 N. Broadway, Santa Ana, CA 92706 Phone: (714) 547-5468 Fax: (714) 564-6990 XIX. MERGER This Agreement, together with the attachments hereto, expresses the total understanding of the parties. There are no oral understandings of the parties or terms and conditions other than as stated herein. City Council 12 — 18 8/6/2024 Page 16 of 18 EXHIBIT 1 XX. VALIDITY The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. XXI. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on following page) City Council 12 — 19 8/6/2024 Page 17 of 18 EXHIBIT 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above -written. ATTEST: Jennifer Hall City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney "CITY" Alvaro Nunez Acting City Manager "SUBRECIPIENT" 11 'Lt. GCc t G �Lt C� Cd — r�� B ,� By. Andrea Garcia -Miller Name: Dr. Ana Jimenez-Hami Assistant City Attorney Title: Executive Director Tax ID #: 33-0930891 RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency City Council 12 — 20 8/6P2@24 of 18 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 1. Experience/Qualifications (1 page max): A. Agency description - The Orange County Children's Therapeutic Arts Center (OCCTAC) has been in operation for 22 years in the City of Santa Ana. Our agency has grown significantly throughout the years, and established strong community partnerships, such as the City of Santa Ana, the Santa Ana Unified School District, the Santa Ana College, the County of Orange, Social Services, and others. OCCTAC has served over 50,000 youth since the year 2000, rising from 100 students in its first year to more than 6000 youth each year! OCCTAC prioritizes on serving at - risk youth, foster youth, high school dropout students, homeless youth and youth with disabilities. Our programs integrate youth with and without disabilities in a nurturing, community -based environment, which teaches respect, disability awareness, and full inclusion. B. List the facility address and major cross streets. OCCTAC is located at 2215 N Broadway, Santa Ana, CA. 92706. Our major cross streets are North Broadway and Buffalo. C. Indicate hours of operation for facility - OCCTAC is opened 6 days per week (Monday - Friday), from 8:00am until 8:00 pm, and (Saturdays) 8:00am —4pm, but closed on Sundays. D. Briefly indicate what makes your facility youth friendly and suitable for the proposed program. OCCTAC is strategically located very close to bus terminals for the convenience of the youth; and our facility is compliant with all ADA guidelines and regulations. Our facility, location, hours of operations, and wide variety of programs makes our facility youth friendly and suitable for the proposed WIOA program. E. Provide brief information on the following elements: 1. Average annual operating budget and sources of revenue - The average annual operating budget for the OCCTAC is approximately $1,600,000. OCCTAC's sources of revenue come from a variety of sources, including the Santa Ana Unified School District, the County of Orange, the Regional Center of Orange County, and other grants, fee for service, private donations, public donations, and fundraising. 2. Brief description of staff — Our organization is staffed by highly qualified bilingual staff, including: credentialed teachers, artists, therapists, case managers, counselors, and others. The WIOA Program proposal includes a full time Case Manager, a Job Developer, a Career Counselor, an Arts/Technology Mentor and a Literacy/Math Tutor. 3. Past experience with WIOA programs or other youth programs - OCCTAC has been serving the Santa Ana youth for 22 years; and we have operated WIOA programs since the year2005! Every year our Youth Employment program grows and demonstrates positive outcomes with the participants. We are very proud of our accomplishments throughout the years. 4. What kind of impact has your organization made on the youth community - OCCTAC has had a tremendous impact on the Santa Ana youth community. We are very proud of our accomplishments throughout the years. OCCTAC's innovative approach, which combines the arts, education, health and technology programs, provides youth a variety of programs they can engage in. Furthermore, our WIOA program participants always have successful outcomes. The only challenges we have had was during COVID19 years. Nevertheless, OCCTAC's program has demonstrated excellent outcomes for youth, which demonstrate the commitment and dedication of our wonderful WIOA program staff. 1 City Council 12 — 21 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 2. Proposed Program: (1 page max) A. Provide an overview of the program's main objectives. The WIOA program at OCCTAC is an extension of our current educational services provided to older youth to empower and provide life -changing opportunities for all youth. OCCTAC has been working with WIOA participants since 2005. The program will continue to provide 13 out of 14 WIOA elements: educational services, job training, paid work experience, adult mentoring, literacy & math tutoring, career & educational counseling, occupational skills training and education, supportive services, certificate programs, leadership opportunities, comprehensive counseling, financial literacy, entrepreneurial skills training, labor market information, and activities to help youth prepare for post -secondary education and follow-up services. OCCTAC staff will refer participants to alternative secondary school services with College and Career Preparatory Academy (CCPA) or Santa Ana College School of Continuing Education. The program will take place primarily at our community -based center in Santa Ana. Participants will engage in a variety of educational and job training activities, including classroom and workshop instruction. All participants will be required to meet individually with key staff, participate in daily and weekly educational trainings, and weekly workshops. In addition, WIOA participants will also engage in weekly "hands-on" work experience and job training opportunities at our agency and other offsite job trainings in the community. Please see below Table 1 for an overview of the program timeline for the entire year. TABLE 1— Program Timeline from July 2024 — June 30, 2025 Program Timeline Program Activities & Training Month 1 - 2 • Orientation of program and services with Case Manager Objectives: • Employability/Job Skills assessment with Case manager Program Overview, . Basic Skills/Academic levels assessment with Literacy and Numeracy tutor Assessments, • Career interest assessment and survey with Career Counselor Participant Goals . Determine Employment and Academic goals • Initiate bi-monthly meetings with Case Manager to discuss goals and service needs of participants Months 3-8 • Initiate paid work experience Objectives: • Initiate weekly Leadership/Job/Life skills workshops Educational Guidance, . Initiate weekly tutoring of Literacy and/or Numeracy skills Tutoring, Vocational Training, . Continue bi-monthly meetings with Case Manager to discuss progress Job Training, Workshops & . Continue monthly meetings with Career Counselor for academic guidance Work Experience . Continue monthly support group with other WIOA participants and staff Month 9-12 • Continue bi-monthly meetings with case manager to discuss program goals, Obiectives: and for intense employability skills and job search training Employability/Job Skills • Continue tutoring, if necessary & Job Search • Continue monthly life skills training _ • Continue weekly workshops with WIOA participants and staff B. Please see below in sections 3 —17 a full description of the program. 2 City Council 12 — 22 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 3. Population (2 pages max): A. Describe the total number of youth that will be served by this grant. -The WIOA program at OCCTAC will serve a total of 20 WIOA participants. The program will serve 16 out of school youth (ages 16 — 24) and 4 in -school youth (ages 14 — 21) for a total of 20 youth. B. Describe the age range of the youth that will be served —The WIOA program will serve participants as young as 14 and as old as 24 years of age. C. Describe minimum requirements that youth need to have in order to be enrolled into your program. Aside from the basic WIOA requirements of being a Santa Ana Resident (16— 24 yrs.), and having a right to work documentation, our participants have to complete the following: 1) complete a background check, 2) obtain a negative TB test, and 3) attend a mandatory orientation session before completing the eligibility documentation. D. Special consideration for organizations that can serve the following youth populations: (80% of Out -of -School youth (required); 10% of youth with disabilities; 10% of foster/emancipated youth; 10% homeless youth and 10% of youth on probation). For the past 15 years, OCCTAC has always exceeded the number of youth with disabilities served in this program. Also, in the past few years, we have also exceeded the percentage required for Foster youth in the program, thanks to our strong community partners and their referrals to OCCTAC. See below Table 2 for past Enrollment Numbers and percentages. Table 2- Percentaees of Youth Population served at OCCTAC Youth Population 2015-16 2016-17 2017-18 2018-19 82% 2019-22 Out of School Youth 75% 75% 80% 80% Youth with Disabilities 25% 25% 50% 52% 50% Foster Youth 15% 15% 5% 0% 15% High School Dropouts 15% 30% 20% 9% 15% Youth on Probation 5% I 0% 0% 0% 0% Homeless Youth 5% 5% 10 / 1 4% 10% As seen on Table 2 above, OCCTAC has exceeded the minimum percentage required by this grant in most youth populations/categories, except for youth on probation. Therefore, this year we will expand our network and community partnerships to ensure the minimum of 10% for this target population. One new potential partner is Project Kinship, who serves youth on probation and is located in the same facility where OCCTAC is located! We have had some preliminary conversations on the possibility of getting referrals from them. See letter of support from our key community partners, including: the County of Orange, Social Services, (Foster Youth), Santa Ana Unified School District, TPP (youth with disabilities), Santa Ana College (out of school youth), and others. 3 City Council 12 — 23 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal E. Specify how the targeted youth populations (out -of -school, youth with disabilities, foster/emancipated, probation, homeless) will be recruited. As mentioned previously, OCCTAC has excellent community partnerships that will help us fulfill our enrollment goals and targeted youth populations. See below a summary of youth populations and partners. 1. Out of School Youth: OCCTAC has had a strong partnership with the Santa Ana College, Centennial Education Center for the past 15 years. We have received many referrals from SAC for out of school youth, as well as engage our youth in their State Certificate programs. As seen in Table 2, OCCTAC has consistently served at least 80% of out of school youth in the program, throughout the years. See letter of support included in this proposal. 2. Youth with Disabilities: OCCTAC has had a strong partnership with the Santa Ana Unified School District, Transition Partnership Program (TPP) during the past 15 years, in order to serve youth with disabilities. As seen in Table 2, OCCTAC has exceeded the 10% minimum and has served consistently over 50% of youth with disabilities! We are grateful to our key community partner SAUSD TPP program staff for all of their referrals and support! Also, in the past 2 years, OCCTAC has anew contract with the Regional Center of Orange County and has been receiving referrals to serve young adults with disabilities. See letter of support. 3. Foster/Emancipated Youth: OCCTAC will continue to collaborate with the County of Orange, Social Services, to continue to serve foster/emancipated youth. OCCTAC has been a partner with the County since 2007. We are looking forward to continuing this partnership, and serve more foster/emancipated youth in Orange County this year! See letter of support. 4. Youth on Probation:_ As stated previously, OCCTAC has been in preliminary conversations with the ED at Project Kinship (Steven Kim) on the possibility of collaborating and getting referrals from their program for our WIOA program. Project Kinship operates in the same building as OCCTAC (2215 N. Broadway — second floor) where OCCTAC agency is located! The mission of Project Kinship is to provide support and training to lives impacted by incarceration, gangs, and violence through hope, healing, and transformation. OCCTAC will partner with PK to ensure at least 10% or this population in our program. 5. Homeless Youth: OCCTAC will continue to collaborate with various community agencies, including the WISEPlace, an organization that focuses primarily on serving homeless women (youth and adults). In addition to our excellent community partnerships, OCCTAC will continue to conduct community outreach, community presentations, and participate at various community events throughout the year to promote our programs and inform the youth in the Santa Ana community about this wonderful WIOA Youth Employment program at OCCTAC. See Table 3 for more information. F. Include a Letter(s) of Support from organizations that have agreed to refer youth to your program as Attachment D —See attached the following letters from our community partners: City Council 12 — 24 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 1) Santa Ana Unified School District, TPP — Youth with Disabilities; 2) County of Orange, Social Services — Foster Youth; 3) Santa Ana College — All Referrals, including Out of School Youth and Services provided at OCCTAC by SAC instructors. G. Describe your recruitment plan that will fulfill the requirement of enrolling 100% of youth by the 2nd quarter of the program (December 31, 2023). In addition to referrals from our key community partners, we have established a timeline that will help us with our Community Outreach and Recruitment plan in the City of Santa Ana. Please see below Table 3 that summarizes our recruitment plan to ensure 100% of enrollment of youth by 2nd quarter. Table 3 — Community Recruitment Plan to ensure 100% enrollment of youth by 2nd quarter Plan May June July August September October Orientation Last Friday of Last Friday of the Last Friday of the Last Friday of the Last Friday of the What is WIOA? the month month Month Month Month All High All High School Target Foster, Target Foster, Target Foster, Present at various Community School Classes — Homeless & Homeless & Homeless & Community Presentations Classes — targeting Probation Youth Probation Youth Probation Youth Centers in Santa targeting Youth with in the community in the community in the community Ana where families Youth with disabilities in (County, SS (County, SS (County, SS gather, including disabilities in SAUSD, TPP. Orangewood, Orangewood, Orangewood, City of Santa Ana, SAUSD, TPP. WisePlace). WisePlace). WisePlace). Parks. Summer Summer Attend all back to Provide Provide Community Community Community Fairs school events at information at information at big Outreach Fairs and and Events SAUSD and TPP OCCTAC & SAUSD community events, Events Provide Provide Flyers to partnership Open Houses & such as: "Noche de Flyers to all all community community Parent/Teacher altares" event & community agencies in Santa events. Conferences other big agencies in Ana community events. Santa Ana Inform Set appointments Set appointments Set appointments Set appointments Youth community with all youth with all youth with all youth with all youth Referrals partners that referred to referred to the referred to the referred to the we will start program as of program program program taking referrals July 111 staring July 15t. Contact Youth Contact all Set appointments Set appointments Set appointments Set appointments youth that with youth with with youth with with youth with with youth with where prior interest prior interest prior interest prior interest interested in WIOA 2021 - 2022 year after full enrollment. City Council 12 — 25 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 4. Assessment (1 page max): A. Youth Service Providers are required to use the Test for Adult Basic Education (TARE) assessment tool, but may use other assessment tools upon approval. — OCCTAC will continue to use TABE testing with all our WIOA participants, as in previous years. Also, we will continue to use the electronic version of the Test for Adult Basic Education (TABE on ALL youth to assess their literacy and numeracy skills. Youth who score 8.9 and below are considered "basic skills deficient", and will be enrolled in tutoring at OCCTAC to help support both their literacy and numeracy skills, in order to help them improve their literacy and numeracy skills before they complete the program. B. Describe how your program will conduct assessments for youth participants, elaborate on the type of assessment tools or surveys that will be used. — At intake, all participants will be given a TABE test to determine the participant's Educational Functional Level in Literacy and Numeracy. The TABE test will determine the needs of the participants in both academic areas. Additionally, they will aid in the facilitation of the weekly tutoring sessions. All WIOA participants will be assessed after 3 months of tutoring to see their progress in each academic/subject area. If the youth goes up by 2 grade levels or more, the youth can take the final Post Test assessment. All participants will continue with the tutoring sessions if they score under 9.1 level. C. Describe knowledge of the barriers that youth encounter — OCCTAC has served many youth with different barriers in life throughout our 22 years of community service! The majority of the barriers include youth with disabilities, youth with basic skills deficient, English language learners, low-income youth, homeless youth, youth in foster care or emancipated, pregnant or parenting youth, high school dropouts and other barriers. OCCTAC is very committed to serving all youth with these barriers and any others. D. Specify how your organization will address the barriers that youth encounter - OCCTAC WIOA staff is very dedicated and committed to all the youth that we enroll in our Youth Employment (WIOA) program at OCCTAC. We have offered this WIOA program for more than 15 years to the Santa Ana youth! Our staff is comprised of a hardworking group of individuals that are passionate about making a difference in the community, and are prepared to address all of the barriers that youth encounter. Our TEAM of dedicated staff guide and mentor the youth, and assist them during the entire program year. The team is comprised of a Case manager, a Literacy/Numeracy Tutor, a Career Counselor, a Job Developer and Work Experience mentors that help youth attain their educational and career goals. All of the youth are also required to attend monthly job skills/life skills workshops, focusing anywhere from employment attainment/retention, to howto improve and change their own personal lives, and the community in which they live. In addition, to aid in academic barriers that youth experience, all participants will be assigned to an Educational counselor who will provide direction and coaching on any academic aspect, Al City Council 12 — 26 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal such as scholarship writing and enrollment into an institution of their interest. This service is crucial for all youth participating in the program because it will allow them to learn about various academic paths, including vocational training, HS recovery programs and 4-year institutions, while narrowing down a career of interest and actually committing to a program. Furthermore, all participants will be provided with psychological/ mental health counseling (if needed), and other important support services. OCCTA's environment is very nurturing, fun and supportive, and provides youth opportunities to maintain a high level of involvement in our programs. WIOA youth are supported emotionally throughout the entire year at OCCTAC, and are provided with a positive and welcoming environment that also encourages youth to partake on various leadership roles within the various programs and activities at our agency. These additional activities provide youth with an opportunity to gain self-confidence, self-esteem and leadership skills. Our goal is to empower youth and provide a life changing opportunity through this WIOA program! 5. Paid & Unpaid Work Experience: A. Describe in detail the paid and unpaid work experience opportunities that will be offered to the youth such as, Summer employment, Pre -apprenticeship programs, Internships or job shadowing, and On -the -Job training opportunities. Youth will engage in weekly "hands-on" work experience and job training opportunities at our agency and other community sites. The following tables (Tables 4, 5 & 6), demonstrate the variety of programs that we offer at OCCTAC and at offsite work experience locations. WIOA participants can choose from any of these programs/fields to fulfill their career goals and work experience. Please see below Table 4 for an overview of the various "hands-on" job - training programs, mentoring and work experience opportunities at OCCTAC. TABLE 4: Mentorine & Job Trainine Proerams at OCCTAC Area of Training Job Title Placement & Educational/Training Work Experience Curriculum Health Case Manager Intern OCCTAC, Health Clinics SAC Curriculum & Case Health Assistant/Aid and Community Sites *State Certificate Program Management County of Orange, Health Care Health/ Mental Mental Health (MH) OCCTAC, Health Clinics Health (MH) Paraprofessional and Community sites Agency, MH Paraprofessional Certificate Child Care Child Care Worker & -Rancho Santiago CC, Child SAC Curriculum Worker State Instructional Assistant development services *State Certificate Program Certificate -Early Start & Pre -Kinder Arts Program at OCCTAC 7 City Council 12 — 27 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Office/Reception Executive/Administrative OCCTAC office SAC curriculum Customer Service Assistant & Community sites *State Certificate Program Computers Education Tutor / Instructional Learning Academy at OCCTAC & Host Curriculum Assistant OCCTAC & SAUSD After I School Program Education Teaching Assistant Early Intervention/ First Five Early Childhood Early Start Program at curriculum, High Scope & OCCTAC "Hands on Training" Arts Education Teaching Assistant After -School Arts Program CA Performing Arts Standards at OCCTAC and Engage Curriculum and "Hands-on" Arts 360 at various SAUSD Training schools City of Santa Ana, Parks and Recreation Community Sites Technology Technology Assistant Computers/Media LAB at SAC, Digital Media Center Graphic Artist OCCTAC & OCCTAC curriculums & Audio Engineer Intern "Hands-on" Photoshop, Film Production Intern Santa Ana Animation/ Illustration & Business Owners in Graphic design training, partnership with City of Recording Technology Training Santa Ana, Downtown. Softwares, Pro -Tools & Sybellius Furthermore, WIOA youth will be encouraged to participate in additional programs that we have at our agency to give youth more opportunities and "hands-on" experience on a variety of fields (health, education, arts and technology), so they can gain as much work experience as possible. Once they have acquired some basic work -experience, we will place them at the various community sites with our community partners. TABLE 5: Additional Job Training Programs for WIOA Youth mentored by NON-WIOA staff PROGRAM I DESCRIPTION I Days/Times Early Start Program The Early Start program is and early intervention program that integrates very young children (6 months to 3 years of age) with and without special in a natural community environment with their parents. It aims at enhancing students' cognitive, language, motor and social _ development. Pre -Kinder Arts The Pre -Kinder Arts program is a bilingual school readiness Program program that serves children ages 3- 4 years old. The parents and children work together in a creative and nurturing environment by engaging in music, art, literacy, and parenting classes to prepare children for school. Mondays & Tuesdays 8:30 am —11:30 am Fridays 8:30 am — 10:30 am Wednesdays & Thursdays 8:30 am — 11:30 am Fridays 10:30 —12:30 pm 0 City Council 12 — 28 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal After School Arts The ASA for Life program provides artistic training in the Monday — Friday Program fields of Music, Visual Arts, Dance, Musical Theatre, and 3:30 pm — 8:00 pm Technology training to at -risk youth, and children with and Saturdays disabilities in the community. 9:00 am —4:00 pm Therapeutic Arts This program serves children and youth with disabilities of Monday — Friday Program all ages and special needs, including: learning disability, 3:30 pm —8:00 pm health impairments, physical disability, developmental Saturdays disabilities and others. 9:00 am —4:00 pm Learning Academy & This program provides homework support and tutoring to Monday — Friday Tutoring Program students (ages 5 —16 yrs.) in Language Arts (reading and 4:00 — 8:00 pm writing), math, and other academic subjects. Saturdays 9:00 am — 5:00 pm OCCTAC This program provides outreach, prevention, referrals and Monday — Friday Family Wellness engagement with individuals at -risk of mental health 8:00 am — 8:00 pm Program problems. Other support services include parenting, and weekends counseling, and support groups. Senior Socialization This program provides early intervention and socialization Monday — Saturdays Program activities to older adults at -risk of mental health problems. 8:00am — 4:00pm Services are provided at OCCTAC and various Senior Centers in Santa Ana. B. Special consideration will be given to organizations that can prepare youth for targeted in -demand industries: 1. Manufacturing, 2.Information Technology, 3. Healthcare, 4. Hospitality/entertainment. OCCTAC's Youth employment program prepares youth in 3 of the 4 targeted in -demand industries identified. 1) Healthcare, 2) Technology and 3) Hospitality/Entertainment. In addition, we have an excellent community partner (Rancho Santiago Community College - See letter of commitment), that will hire our Youth Employment Program participants as "Interns" and then as Employees! The Executive Director has been working closely with RSCC district staff to create a "Pathway from Non - Credit to Credit Courses" for our YEP participants so they can get their degrees, State Certificates and also get hired by RSCC to become Instructional Assistants for their Child Development Centers throughout Orange County! We are very excited about this great opportunity for our Santa Ana young adults that are eager to get jobs in the Childcare. C. Special Consideration for organizations that offer job training/preparation in the industries of: STEAM, Data Science, Artificial intelligence, Cloud Computing, Cyber Security. OCCTAC offers job training and preparation in technology industries mentioned above, and some of our WIOA youth have also received Google certifications to help them succeed in this competitive market. Our Technology instructor has been supporting these interests of our youth during the past couple of years. D. Special Considerations for organizations that offer work experience related to certificated programs offered by postsecondary institutions. OCCTAC has a very strong partnership with RSCC and SAC instructors. They provide certificated programs at OCCTAC to help our youth succeed and accomplish State Certificate programs. E. List some of the employers that will assist in the paid and unpaid work experience City Council 12 — 29 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal opportunities. Please see below Table 6 for offsite job trainings for our youth. TABLE 6: Mentoring & Job Training Programs OFF SITE PROGRAM DESCRIPTION DAYS/TIMES Rancho Santiago Childcare Worker/ Preschool Teacher Assistant: Intern is Monday — Friday Community College, responsible for assisting Preschool Teacher and conduct a variety of activities with children, including educational, arts & 8:00am- 6:00pm Child development recreational activities, developmental assessments and Services others. CCCTAC youth who intern with RSCC will be hired for the college after their internships! Santa Ana College CDC Childcare Worker/ Preschool Teacher Assistant: Intern is Monday — Friday responsible for assisting Preschool Teacher and conduct a variety of activities with children, including educational, arts & 8:00am- 6:00pm recreational activities, developmental assessments and others. Family Health Clinics Medical/Office Technical or Healthcare Assistant/Aid: Intern Monday— Friday is responsible for assisting a Healthcare professional, such as a (Dr. Tajik and Dr. Shams) nurse, Physician Assistant or other, with basic Healthcare 8:00am- 5:00pm activities and case management to support the services provided to families at a Family Health Clinic. Santa Ana Senior Center Case Manager Assistant: Intern is responsible for assisting Monday -Saturday CCCTAC Case Manager at the Senior Center or Santa Ana Santa Ana Towers Towers, and conduct a variety of activities with seniors, 8:00am — 6:00pm including health related and recreational activities, case management, interviews & assessments and others. State Farm Insurance Administrative Assistant/Customer Service: Monday -Friday Intern is responsible for answering phone calls and directing them to their designated department. Intern is also 8:00am-5:00pm responsible for printing, organizing, and filing documents. Intern will be responsible for assisting clients with questions on insurance and providing an overview. Santa Ana Downtown Office/Reception/Customer Service: Intern is responsiblefor Monday -Saturday Businesses making calls to previous and interested clients and inform on merchandise. Intern is also responsible for answering phone (Days/Times vary) calls and providing assistance to clients and directing them to the necessary department. Intern will also work with clients in person and assist with any questions related to business and store merchandise. Santa Ana Downtown Administrative Assistant/ Social Media Intern: Monday -Friday Businesses Intern is responsible for computer literacy, updating social media, making phone calls to participants to update contact (Days/Times vary) information, and some fund raising. Intern is also responsible for clerical duties such as filing documents, answering phone calls and other tasks. Santa Ana Downtown Graphic Arts Intern/Marketing Intern & Administrative Monday -Saturday Businesses Assistant: Intern is responsible for assisting in the creation of logos and flyers for marketing. Intern is also responsible for (Days/Times vary) updating social media and some administrative duties such a filing, organizing, and data entry. 10 City Council 12 — 30 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal F. Include Letters of Commitment from employers as Attachment E. Please see letters attached letters from the following: 1) Rancho Santiago Community College District, 2) Letters from 2 Health Clinics, 3) Letter from the City of Santa Ana, Downtown representative supporting the Business community. G. Include a copy of the Work Experience policy as Attachment F. Please see attached OCCTAC's Work Experience Policy. 6. Alternative Secondary School Services (3 pages max): A. Describe in detail the alternative secondary school services or dropout recovery services that will be made available for youth. Youth will meet with the Educational Counselor at OCCTAC at least once a month to receive assistance as they decide to pursue their education. Youth and Counselor will meet and create monthly goals, which will lead to youth obtaining their diploma/GED. Counselor will provide youth with the various options available to them and will provide guidance along the way. The Counselor and youth will write down the path youth decides to take. Counselor will check in with youth periodically to ensure that youth is fulfilling all requirements. Prior to meeting with youth, the Educational Counselor will research the alternative secondary school services available near the youth. Counselor will gather information regarding requirements, costs, rules, schedules, entrance exams, etc. and provide to youth this information. In addition, the counselor will prove youth some examples of alternative secondary school services located in Santa Ana, provided below in Table 7. In summary, the Educational Counselor will meet with each WIOA youth to obtain a better understanding of the participants' needs. Duringthis meeting, the Counselor will gather more information relevant to the youth's needs. Together, the Educational Counselor and youth will find the program that best suits the participant. Then, they will call and set up an appointment to meet with the representative of the program. The Counselor will attend this meeting with the youth to advocate for the participant's best option. After this meeting, the participant and the counselor will strategize on how to proceed further. During this period, the youth will also be supported with additional academic /educational services, such as tutoring, study skills, time management, financial literacy and other important life skills topics. Table 7: Alternative Secondary Schools located in Santa Ana Name Address I Phone # Website Notes College and Career I1699 E. Wilshire Ave., Preparatory Ste. 605 Santa Ana, Academy �2705 1 714) 796-8795 http://www.ocde.us/CC PALgesldefault.aspx Community Day High 004 N Fairview St. School Isanta Ana CA 92703 i 14) 796-9000 htt ://www.sausd.usjPage 12603 Independent Study �33 E. Walnut St. Program Santa Ana, CA 92701 14) 565-5400 http://www.sausd.usl/sitel APEX (online classes) Default.aspx?Pa elD=16692 11 City Council 12 — 31 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Hill view High School 154000 Lansdowne 714) 730-7356 http://www.tustin.kl2.ca.us Continuation Rd. Tustin, CA 92782 /hillviewhs School (Credit Recovery) anta Ana College — 2900 W. Edinger Ave, 714) 241-5720 https:Z/www.sac.eduL(Lonfi dult High School nuingEducation/Proigrams P School of Continuing Santa Ana, California Diploma Program Education 92704 aizes_HighSchool.asox 2 Locations — Centennial Education Center & Santa na College B. Describe in detail the activities that will lead youth to attainment of secondary school diploma or equivalent. All Youth will be encouraged to continue their education, since this is such an important factor in their overall improvement and success in life. Youth will work closely with the Educational Counselor at OCCTAC on a one-on-one basis, and receive encouragement and guidance. All WIOA participants will be encouraged to attend college field trips throughout the year, and be exposed to different college campuses, as well as a wide variety of majors. By visiting the various colleges, youth will understand better the application process as well as all requirements needed. The WIOA program at OCCTAC will also assist all youth with academic skills and provide all youth with basic skills deficiency a Literacy/Nu me racy Tutor to help them improve in the deficient areas. In addition, the Educational Counselor will keep in close communication with the Literacy/Numeracy Tutor, and ensure that every participant is receiving the assistance needed to pass his or her classes. Aside from tutoring, the Counselor will meet with youth during bi-weekly meetings and support youth in developing all the skills necessary to succeed. These meetings will focus on important topics, such as, time management, test -taking strategies, and study skills. Furthermore, the counselor will also map out a plan that will help youth work towards their academic/educational goals. Youth and Counselor will also set goals and will work together to achieve goals. During every meeting, Counselor will inquire about youth's progress. Counselor will also work closely with the Case Manger, the Career Counselor and the Tutor to ensure that youth is receiving all the necessary assistance needed to improve in their academic goals. C. Special consideration for organizations that offer dropout prevention or dropout recovery services. As mentioned previously, OCCTAC will continue to collaborate with the Santa Ana Unified School District, TPP, as well as with the Department of Pupil Support Services, headed by Heidi Cisneros. We will continue to work with key counselors at SAUSD to enroll in our program targeted Santa Ana youth, and offer dropout prevention or recovery services. 7. Preparation for Postsecondary Education and Training (3 pages max): Note: WIOA only accepts certificates that are accredited by a State recognized educational entity or are recognized by employers. OCCTAC provides State recognized Certificate programs in partnership with the Santa Ana College. Therefore, any employer should recognize these certificate programs. We are extremely grateful for this wonderful partnership with the Santa Ana College. See letters of Support from the Santa Ana College in Attachments C and F. 12 City Council 12 — 32 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal A. Special consideration for organizations that offer preparation for postsecondary education and training in high -demand industries. OCCTAC offers youth with and without disabilities preparation for postsecondary education. As state previously, OCCTAC partners with the Santa Ana College to offer youth a variety of career path options. Our WIOA team (Educational and Career Counselors, Case Manager and Literacy/Numeracy Tutor) work together to assist all of the youth enrolled in this program. Because of the certificate programs provided at OCCTAC, youth apply to the following positions and receive minimum and above wages. For example, • Micro Center $15.50 + Benefits • Daikin AC $15.50 • Providence Speech $15.50 + Benefits B. Special consideration for organizations that collaborate or partner with postsecondary institutions to enroll youth in career pathways that lead to an in -demand occupation. OCCTAC partners with the Santa Ana College to enroll youth in career pathways of their choice. Also, we offer a variety of Santa Ana College courses at the OCCTAC facility, which is very convenient for our youth and other adults to enroll in a variety of college courses taught by SAC faculty at OCCTAC. Some of these courses include the following: Employability Skills, Business Classes, Health Education, Child Development, etc. In partnership with SAC, OCCTAC offers 2 State Certificate programs at our agency: 1) Child Worker State Certificate and the Office Clerk/Admin State Certificate), where they can earn a State Certificate in less than a year and the opportunity to find a job in one of these career pathways. This year, OCCTACis also partnering with lanneth Linnell from Rancho Santiago Community College, Childcare Development Services to provide youth with work experience, internships and jobs in Childcare Career pathways. They are in high demand for hiring Instructional Assistants! C. Identify and/or develop a pathway for youth that can prepare them to obtain a career or occupation that provides livable wages? Please elaborate on the specific pathway(s). Developing a pathway for youth that can prepare them to obtain a career or occupation is a high priority for OCCTAC. Our WIOA team inspires and motivate our WIOA youth to continue to enhance their educational and career goals, whetherthey have a disability or not, our goal is for the youth to be more successful in life! Please see below a pathway that we have created at our agency to assist and lead our WIOA participants. f Pathway for Post -Secondary Education Participants will; 1. Meet educational counselor and identify interest and possible careers. 2. Research Necessary education and courses to reach a particular career. 3. Visit different campuses and apply to the ones they feel the most comfortable. 4. Take placement exams after being accepted to his or her school. 13 City Council 12 — 33 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal 5. Research major and minor requirements for achievement 6. Apply to programs that will provide additional services that youth will need while in post secondary education (FAFSA, BOG, DSPS, EOPS ect.) 7. Create educational plan and registration to courses. D. Describe in detail how the program will prepare youth for postsecondary education and training. The W10A case manager, career and educational counselors meet regularly with each W10A youth to discussjob leads, employment opportunities and post -secondary education. The case manager and career counselor helps youth with employment, and the educational counselor helps youth with entering post -secondary education. The career counselor will assess all youth using ONET to learn about their career preference, interests and skills, and then match them with carriers of their choice. Youth will then be able to obtain assistance in researching different majors, vocational training and certificate programs that will allow them to enter into post -secondary education in their field of interest. The Educational Counselor will also provide assistance to youth in completing all necessary registration and financial aid, scholarships and any important forms to minimize any stress and anxiety on registration or financial burdens. E. How will your organization expose youth to the various post -secondary educational institutions (colleges, universities, vocational training schools, apprenticeships, etc.). All year round, the W10A youth and staff attend field trips to the various colleges and universities so they can get motivated and encouraged to enroll in any of these institutions with the help of the case manager and the career and educational counselors at OCCTAC. Describe the certificates that youth will be able to earn while in your program or within 1 year after exit. As mentioned previously, OCCTAC has a very strong partnership with the Santa Ana College and Rancho Santiago Community College. Currently, we offer 2 State Certificate programs at OCCTAC and all of the courses are taught at OCCTAC's facility by the SAC faculty. Please see below (Table 8) for a brief description of these certificate programs. 14 City Council 12 — 34 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Table 8 - State Certificate Programs at OCCTAC in partnership with the Santa Ana College PROGRAM Brief DESCRIPTION Days/Times Office Clerk This program prepares students for an in-depth training in executive Monday — Friday State Certificate secretary/administrative assistant positions. The open-entry/open Program exit, competency -based format promotes success in a high Courses are employment occupational field. The program develops skills in offered various research, report and correspondence preparation, advanced days/times computer software applications, database management, interactive during the week presentations, customer service and telephone techniques, and other (morning, advanced office procedures. afternoon and • Keyboard 1 evenings) • Intro to Windows • Intro to Word • Intro to Excel • Employability Skills • Navigating the Internet Child Care Worker This program trains students in the field of early childhood and Monday - Friday State Certificate business development. Students learn how to start their own private Program business or work at a childcare facility, such as preschool, etc. Courses are Students learn business skills, early childhood care and development, offered various health information required for licensing, and skills necessary for days/times successful operation of a childcare business. during the week In order to earn their State Certificate and obtain a County of Orange (morning, license, students must take the following courses: afternoon and • Early Childhood Care and Development evenings) • Health Education for Childcare Providers • Employability Skills • How to Start a Small Business • Business Practices for Family Child Care Providers G. Include data and research that supports the industries or pathways listed above. According to 0 Net Online the following position and many other administration positions considered those with a bright outlook and rising opening. 43-4171.00 Receptionist and information clerks 43-6013.00 Medical Secretaries 43-3021.00 Billing and Positing Clerks According to 0 Net online the following position and many other in child worker are considered those with bright outlook and rising opening as well. 39-9011.00 Child care worker 25- 2011.00 Preschool Teachers, except special education. H. Include Letters of Intent from training agencies as Attachment G. Please see letters of Support/Intent from Rancho Santiago Community College, Health Clinics and the City of Santa Ana, Downtown Businesses. 15 City Council 12 — 35 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal In addition to our state certificate programs offered at OCCTAC in partnership with the Santa Ana College, OCCTAC is currently collaborating and with other community partners to incorporate 2 Health Certificate Programs to train our WIOA youth. 1) Mental Health Paraprofessional Certificate: In partnership with the County of Orange, Health Care Agency, OCCTAC staff is trained and certified to offer a "Mental Health Paraprofessional" Certificate. This training is currently being offered to Religious Leaders in the community all over Orange County, and funded by the County of Orange, Health Care Agency. We are researching the possibility of offering this certificate program to our WIOA youth, if they are interested in working in this field. 2) Medical Technology Certificate: In partnership with the California School of Health Sciences, OCCTAC is currently in discussions with the owners (past board members) to train our youth in short-term Medical Technology certificates. Our youth will also attain work experience, internships and jobs at the Health Clinics that have partnered with OCCTAC. 8. Tutoring (1 page max): Note: Youth Service Providers are required to use the Test for Adult Basic Education (TABE) on ALL youth to assess their literacy and numeracy skills. Youth who score 8.9 and below are considered "basic skills deficient" and should receive tutoring or remedial training to improve their literacy/numeracy skills. OCCTAC currently uses and will continue to use TABE test and TABE testing materials with our WIOA participants to improve their literacy and numeracy skills. We will also use the electronic version, as required. I. Describe in detail the tutoring resources that will be provided to youth. OCCTAC has demonstrated commitment in helping WIOA youth with and without disabilities improve their literacy and numeracy skills as evidenced every year with our participants! Every year at least 80% of all participants increase their literacy/numeracy skills! In summary, our WIOA Literacy and Numeracy tutors meet with each participant at least once a week upon the completion of the initial TABE assessment. Our agency's goal is that each youth increases by at least two Educational Functional Levels at time of post-test. OCCTAC tutors provide individualized tutoring sessions every week throughout the year to ensure that our youth will be able to increase both their literacy and numeracy skills to be successful in life. In the past, OCCTAC has been very successful in the attainment of these goals, and thus it will continue to assist all participants with and without disabilities achieve higher educational and academic goals to be successful in their educational and career goals. 9. Mentoring (1 page max): J. Specify how your organization will provide mentoring to youth. Our agency has wonderful staff that is dedicated to empowering and supporting our WIOA youth. Not only will our WIOA staff provide mentoring to youth, but all the other OCCTAC staff working in other programs at our agency and in the community, such as (After School Arts, Therapeutic Arts, Early Start & Pre -Kinder Arts, Learning Academy, Family Wellness Program, Senior Socialization Program etc.) Youth will have the opportunity to learn, interview, shadow and receive mentoring from 16 City Council 12 — 36 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal excellent professionals in the fields of Education, Arts, Technology, Health, Psychology, Counseling, Early Childhood Development, Marketing, Business and others. In addition, the youth will gain hands on work experience in these fields, as well as the opportunity to gain insight from these professionals regarding the various career and educational paths that youth are interested in pursuing. K. Specify what types of support your organization will offer youth who are facing challenging obstacles such as family dysfunctions, mental health issues, homelessness, low self-esteem, probation, gang issues, parenting issues, etc. Two years ago, OCCTAC started a Mental Health Clinic and currently operates full-time with mental healthcare funding from the County or Orange, Health Care Services. In addition, we will continue to collaborate with all our previous community partners, including OMID Mental Health Clinic, Pepperdine University, Graduate School of Education and Psychology, California State University, Fullerton and USC, School of Social Work. All 4 institutions refer counseling, psychology and marriage and familytherapy interns to OCCTAC, and provide Psychological/ Mental Health Counselingto all our WIOA youth, if needed. Participants can enroll in individual counseling at OCCTAC or in the community. In addition to the psychological counseling provided to youth, all WIOA participants must attend mandatory life skills workshops and trainings on where to obtain additional information and resources in the community. Our Case Mangers will also guide the youth and refer them to these additional community resources and specialists, if needed. Finally, parenting youth will also be able to participate in any of the parenting classes offered at OCCTAC, to help them with parenting issues, educational support etc. and gain assistance in working through all of these challenges. L. Will your organization offer mental health services or referrals to mental health agencies? As stated above, OCCTAC runs a Mental Health Clinic now, and will continue to offer mental health services to our WIOA youth and family members, as well as refer to our community partners. M. Describe how your organization will provide or refer youth to comprehensive guidance and counseling for drug and alcohol, etc. In partnership with the community services program, we are be able to provide youth with a workshop on drugs and alcohol, and also provide them information recourses, and referrals if needed. 10.Workshops: O. Provide information about the following workshops and how or when the workshops will be provided to youth in the program: - All participants will be required to attend Life Skills and Job Skills training that will encompass all of the following components. Youth will be asked to attend mandatory workshops to assist them in their overall achievement in this program, as well as their personal lives. Workshops will be weekly. Starting in September 2023 and ending in July 2024. OCCTAC Training Series: Financial Literacy: This workshop series will allow WIOA participants to understand the importance of budgeting their money and savings. They will gain an insight on how to 17 City Council 12 — 37 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal become finically stable now in order to further assist them with their career and educational goals. See attachments section for a sample. • Job Skills: This workshop series will allow youth to learn and create materials needed for employment purposes, with the ultimate goal of when completed, they are able to assemble an employment portfolio that can be presented at any job fair, interview, and new potential employer. See attachments section for a sample. • Life Skills: This workshop series will help our youth with day to day life skills information to assist them in making healthy and reasonable choices in their lives. See attachments section for a sample. 1. Financial Literacy/ Budget Management — These are one of the most basic and important workshop series that we offer at OCCTAC for several years! As mentioned above, WIOA participant will learn about financial literacy and budgeting, and these workshops will allow our youth to think not only about the present, but of their future. They will learn the basic of opening a checking and savings account, and how to plan for retirement and future expenses. 2. Entrepreneur Skills Training — This workshop will be the perfect opportunity for innovative young adults in Orange County to learn what it takes to be successful when launching their entrepreneurial ventures. They will learn how to do this via three key strategies: Business plan competition, Networking and collaboration. 3. Labor Market Information — This workshop will provide youth with valuable information for today's labor market, so that you can make an educated decision on which career path is best suited to their skills and abilities. 4. Family Planning — A representative from Planned Parenthood will provide our WIOA youth with information on birth control methods, family planning and free healthcare services. These workshops are intended to help assist youth with their future and current family stabilities. 5. Worker's Rights/Labor Laws — Participants will be able to learn and understand their rights as an employee in California from things like mandatory break times and benefits. Participant will also be able to learn and understand how to ask and receive accommodations that must be provided to those who have same type of learning or physical disability. As well as questions that may not be asked in an interview or after becoming an employee. 6. Analytical Skills at the Workplace —All WIOA youth will be provided with a task analysis and literacy analysis, skills assessments, job profiling, and pre -employment work skills. Each of these sills can provide a path to improve the participant's ability to perform basic job skills in the field or job they have or may have in the future. 7. Health Resources — Participants will be given resources from our community partners, including Planned Parenthood on how to be healthy and safe, and how to obtain medical services. Additionally, our MECCA coalition, Pepperdine University, USC, School of Social Work, and the 18 City Council 12 — 38 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal County of Orange, Health Agency will provide WIOA participants with other health resources and mental health specialists, if needed. 8. Professional Communication/Public Speaking Skills — All Youth will be asked to take a training that will allow them to learn the necessary skills for public speaking, including how to speak to employers and/or new offsite work placements and new potential employers. Also, youth will learn how to create and give oral presentations, as well as how to speak to people when networking for future connections. 9. Navigating the Workplace — Participants will learn how to deal with difficult workplace situations, and the importance of effective communication skills for positive professional relationships and conflict resolution. This will include learning about good and bad forms of communication, suggestions on positive and effective communication, and techniques on how to effectively respond to conflict situations. Participants will then have the opportunity to put their knowledge to the test by reviewing different workplace scenarios where they will change the outcome of the situation. 11.Civic Engagement and/or Leadership Development A. Can your organization offer a civic engagement opportunity or leadership development opportunity for WIOA youth and other youth in the community, if so, please describe. — Yes, every year we provide our WIOA youth many opportunities for civic engagement and/or leadership development. For example, All WIOA youth are asked to attend and participate in the youth council meetings, so they can share their personal experiences with the program and contribute ideas/information on how to better serve the youth in Santa Ana. Also, Youth attend other important community events representing OCCTAC and the Santa Ana community. Finally, they are also asked to do presentations to other youth in the community to inspire and share their experience with other youth in Santa Ana and contribute to a better future for our community! B. Indicate the number of youth that will participate in the civic engagement or leadership development opportunity — All WIOA youth are encouraged to participate in our leadership development opportunities at OCCTAC and the community, through civic engagement and leadership opportunities throughout the year! 12. Supportive Services: A. Will your organization provide supportive services to youth such as gas cards, bus pass, childcare assistance, etc. If so, please describe. — Yes. All youth will be provided with supportive services during all phases of the WIOA program. Supportive services are available to those youth approved for the program that show limited resources to meet basic needs, and have expressed to our case manager or educational/career counselor the need for additional support services. W10A Youth enrolled at OCCTAC are eligible for the following (as long as funds are available): 1. 30 day bus passes: Every month as long as they provide proof of a steady attendance 19 City Council 12 — 39 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal to all WIOA activities and or accomplish employment or educational goals 2. ACCESS Coupon Books: Every other week as long as they provide proof of a steady attendance to all WIOA activities and or accomplish employment or educational goals 3. Gas Cards: Every month as long as they provide proof of a steady attendance to all WIOA activities and or need to accomplish employment or educational goals. As well as proof of their license. 4. Academic Supplies: All WIOA participants are eligible for academic supplies, such as: planners, USB drives and backpacks. For students who have entered post -secondary education we are able to purchase some, if not all, of their college course books. For those who have entered a credential program some if not all fees can be paid off. 5. Work Related: All participants are eligible for work related material when needed, to help obtain or keep employment such as portfolios, clothing etc. 6. Child/Dependent Care: Participants may receive assistance with childcare or dependent care through the provision of $50 payment to institution/childcare provider of their choice. This will enable them to participate in WIOA activities and/or accomplish employment or educational goals. B. Include the Supportive Service Policy as Attachment I. Please see attached OCCTAC Supportive Services Policy for more specific details. 13. Incentives (1 page max): A. Will your organization provide incentives to youth for accomplishing program benchmarks or personal goals, if so, please describe. — Yes, W10A staff will be providing youth with incentives that will encourage them to accomplish their program benchmarks and personal goals, in order to move forward in employment and education. B. Include the Incentive Policy as attachment H. Please see Incentive Policy as attachment H. 14.Follow-Up Services (3 pages max): Youth Service Providers are required to provide follow-up services to youth participants 12 months after exit. Follow-up documentation will be required 30 days after exit, 60 days after exit, and 11t, 2nd, 3rd, and 0 quarter after exit. Yes, OCCTAC staff will comply with all WIOA regulations and program requirements. Please see below Table 9 that delineates all follow-up services. A. Elaborate on the types of services that will be provided to youth during each quarter during the 12-month follow-up period. The following table describes the services that can be obtained and provided to youth during any part of their 12-monthfollow up period. Please see below Table 9 for follow-up services. TABLE 9 — Follow Up Services Services Follow -Up Period 30 day 60 day i 151 Quarter 2"d Quarter 3`d Quarter 4`h Quarter ME City Council 12 — 40 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Case Monthly Monthly Monthly Quarterly Quarterly Quarterly Management and as and as and as and as and as and As (Updates and needed needed needed needed needed needed Meetings) Educational Monthly Monthly Monthly As needed As needed As needed Counseling and as and as and as (Updates and needed needed needed Meetings) As Needed As Needed Employment As Needed As Needed As Needed As Services (Job Needed Development (Meetings) Credential Services As Needed As As As Needed As Needed As (Registration) Needed Needed Needed Supportive Service Asfunds Asfunds Asfunds Asfunds Asfunds Asfunds (Transportation) Allow Allow Allow Allow Allow Allow Supportive Services Asfunds Asfunds Asfunds Asfunds Asfunds Asfunds (School Materials) Allow Allow Allow Allow Allow Allow Referrals (Housing, As Needed As As As Needed As Needed As Needed Mental Health, Food Needed Needed Distributions, Health, Counseling, other ) B. Describe how your organization will provide case management, job retention services, mentoring, and ensure the participants attain their goals. — All participants are asked to meet with the case managers and the career/educational counselor at least once a month during the first quarter after exit, in order to ensure that youth accomplish and continue meeting their goals. Youth have the option of meeting with the job developer and case managerto gain additional skills and training if needed, and to obtain employment or retain employment after exit. Participants are also contacted via phone or/and e-mail during the 2nd, 3rd, and 4th quarters to get updates from youth on post -secondary education and employment. Furthermore, all Youth are encouraged to come in person to meet with the WIOA staff, attend meetings, and receive additional tutoring, training, and or any other services at OCCTAC, to ensure that youth keep a good GPA in school, and continue to move forward in their employment. C. Describe how your organization will ensure that youth meet the Performance Indicators during the follow-up period. —The following Table 10 indicates how often the WIOA staff will contact youth, and set up meetings/appointments to provide them with additional assistance, and support their goals to retain employment and stay in post -secondary education. TABLE 10 — Fre uency of Follow up Services Services _ _ Follow Up Period 30 day 60 day I" Quarter 2"d Quarter 3`d Quarter 4" Quarter Follow Up Case Manager Monthly and Monthly and Monthly and As Needed As Needed As Needed Meetings as needed as needed as needed Follow Up Calls/Emails Monthly and Monthly and Monthly and Quarterly and Quarterly quarterly as needed as needed as needed as needed and as and as 21 City Council 12 — 41 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal needed needed Follow Up Job Developer As As Needed As Needed As Needed As Needed As Needed Meeting Needed Follow Up Educational Monthly and Monthly and Monthly and As Needed As Needed As Needed Counselor Meetings as needed as needed as needed Job development trainings As Needed As Needed As Needed As Needed As Needed As Needed (Resume, cover letter, applications, follow calls, Interview assistance etc.) Post Secondary Trainings No service at No service at No service at As Needed As Needed As Needed (Study Skills, FASFA, this time this time this time registration, transferring etc.) D. Describe if your organization will provide youth with incentives or supportive services during follow-up period to assist youth retention. Yes! OCCTAC will provide youth with both supportive services and incentives while in the process of completingtheir goals, and after accomplishing an important benchmark. The following table 11 explains when they are eligible to obtain supportive services and/or incentives. Please see Incentives Policy for details on how many incentives participants can earn for each category. TABLE 11 — Support Services/Incentives for WIOA participants during Follow-up: Incentives Benchmarks Post Secondary Earning Accredited Job Search Obtaining Retaining Education credential Employment employment 30 day Buss pass, 30 day Buss Supportive ACCESS Coupons, pass or Gas Service Gas card —Academic card Supplies $150 for registering $200 for Education to fall or spring obtaining Post - classes secondary credential. $50 for obtaining secondary school credential. _ $80 for i $150 for $200 for every quarter Employment scheduling and obtaining they are employed as attending employment. funds allow Interview. work related Portfolios, clothing and professional tools attire. E. How often will the youth be engaged or receive service during the follow-up period. — AII Youth will be asked to keep in contact with the WIOA team, and meet regularly with the case managers and the educational/career counselors during the entire follow-up period, especially during the 15Y quarter. After the first quarter, participants will be asked to contact and speak with the case managers and counselors on a quarterly basis. However, youth are encouraged to engage as frequently as possible with the WIOA staff! Depending on the youth's needs, they are able to meet with any WIOA Staff as often as needed. In addition, all youth are given the opportunity to take any credential programs City Council 12 — 42 8/6/2024 22 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal offered at our agency, Life Skills classes, counseling and any workshops/trainings offered during any of their follow up periods. This will provide our youth the opportunity to continue to be engaged in our center, on a weekly basis. 15.WIOA Performance Indicators A. Include a flow chart or visual aid or brief explanation of how your organization will meet the following WIOA Performance Indicators: 1. How OCCTAC will meet the % of participants who are in education or training or unsubsidized emplovment during the 2"d auarter after exit. Month j Employment Education May Mock Interview Session — Start Research classes to register for Job Search Summer — Meet With Educational Counselor June Start Appling to different Register for summer classes — Meet positions — Meet with case with Educational Counselor manager July Apply to different positions and Research classesto register for Fall follow up calls — Meet with Case Session — Meet With Educational Manager Counselor August Set up Interviews and continue to Register for Fall Classes — Meet With send out Applications — Meet with Educational Counselor - incentives Case Manager — provide provided to youth who register for Incentives to those who set up classes interviews September Practice interview Skills and meet Register for 8 week courses — Meet with Case Manager — Incentives With Educational Counselor - provided to those who obtain incentives provided to youth who employment register for classes October Continue to meet with Case Classes in session Manager & job Developer as needed November Continue to meet with Case Research classes to register for Manager & job Developer as Intersession — Meet with educational needed counselor as needed December Provide Incentives to those who Research classes to register for have 3 consecutive months on the Spring — Meet with educational job counselor as needed 2. How OCCTAC will meet the % of participants who are in education or training or unsubsidized employment during the 4t" quarter after exit. Month Employment January Set appointments with Case Manager and Job Developer as Needed February Set appointments with Case Manager and Job Developer as Education Assist Youth in Registering to Spring Classes- incentive provided to youth who register for classes Assist youth in registering to 8 week courses - incentive provided to youth 23 City Council 12 — 43 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Needed who register for classes Classes in Session March Provide youth Incentives for having been employed for 3 consecutive months April Set appointments with Case Classes In Session Manager and Job Developer as Needed May Set appointments with Case Assist youth in researching possible Manager and Job Developer as summer registrations Needed June Provide youth Incentives for Assist youth in registering for having been employed for 3 summer classes consecutive months 3. Document the median earnings of participants in unsubsidized employment during the 2"d quarter after exit. During the second quarter after exit, all youth will be asked to fill out a follow-up form which contains information on wages, location of hire, and length of employment. The information on wages will be extracted from all currently employed youth to determine the median earnings of participants during the second quarter. 4. Percent of participants who obtain recognized postsecondary credential or Secondary diploma during participation or within 1 year after exit. At the beginning of the program, the Educational/Career Counselors and the Case Managers will enroll all of the participants in a recognized credential programs. Every month, the Counselors will check on the students' progress. Moreover, the Educational Counselor will build a relationship with the Postsecondary Credential Instructors, and receive a monthly progress report. The Counselors will then schedule a meeting with those students who have not advanced. For those students who did not complete a credential duringthe 11tyearof the program, the Counselors will meet with the participants, and re -enroll in a credential program during the 1st quarter follow-up. The Counselor will once again check on the participant's progress, and encourage and support participants to complete credentials. When participants complete their credentials, they receive an incentive during the 2nd quarter of the follow up. During the 3rd quarter follow up, the Counselors will once again check on the participant's progress. The Counselors will meet with the participants bi-weekly, and make any scheduled changes that will benefit the participants. If participants complete a credential, theywill receive an incentive duringthe 4th quarter follow up. 5. Percent of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skills gains. Participants will meet with the educational counselor every month to discuss their educational goals. They will take an ONET assessment that will guide them in figuring out their strengths and weaknesses, as well as potential careers that fall in that category. Furthermore, meetings will be tailored to research majors and schools that contain the adequate resources to be successful. All participants will be enrolled in a credential program at the beginning 24 City Council 12 — 44 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal of the program. The Counselor will meet with participants to receive monthly updates, and verify the participant's progress with the teacher. 6. Effectiveness in serving employers. W10A Participants are eligible to continue to meet with the Case Manager and Job developer though out the year, and as necessary, to continue to gain employment training to improve their work ethics, and job skills to keep moving forward and improving at their current work sites. 16. Prior Outcomes A. If your organization was previously awarded a WIOA contract through the Santa Ana Workforce Investment Board, OC Workforce Investment Board or Anaheim Workforce Investment Board please disclose your organization's past performance outcomes for the past 1-2 years from each WIB if applicable: OCCTAC has been providing the WIOA program to Santa Ana youth for more than 15 years! Please see below our outcomes for years 2012- 2018. During COVID19 years, OCCTAC had great challenges with our Youth with disabilities. However, this past year we were able to recruit as many youth as in previous years now that the pandemic has been more under control. OCCTAC is committed to continuing to provide excellent programs as in previous years. We do not have current outcomes, but can provide to the Grants Committee, if required. OCCTAC PERFORMANCE OUTCOMES (Santa Ana WIOA) Common Measures 2012-13 2013-14 2014-15 2015-16 2016-17 2017- 74% 95% 100% 100% 89% 18 73% Increased Literacy/ Numeracy Skills Entered Employment or 95% 73% 72% 75%? 80% 89% Post -Secondary Attained Credential/ 82% 67% 93% 100% 65% 89% Diploma/Certificate 17.Fiscal Competency A. Describe the process used to capture and report fiscal data. All invoices or vendor statements will be initialed by the Executive Director prior to signing the check to paythat bill or invoice. After checks are printed and signed, the accountant shall mark "Paid" with the date of payment and check number utilized for payment. All disbursements shall be reviewed and approved by the Executive Director. A monthly review of all disbursements shall be conducted by the Accounting clerk and reviewed by the Executive Director and the Finance Committee for verification of accuracy, documentation and appropriate approval. The Executive Director shall be authorized to expend funds as approved by the Board of Directors under the organization's annual operating budget. B. Attach a copy of the organization's procurement policies and procedures as 25 City Council 12 — 45 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal Attachment I. Please see attached OCCTAC's Procurement Policies and procedures. C. What systems are used to ensure fiscal accountability, appropriate expenditures, and planned costs. All requests for reimbursement shall be reviewed and approved bythe Executive Director and Finance Committee. All reimbursements are subject to budgetary limitations as established in the organization's approved operating budget. No reimbursements are made without appropriate backup documentation. Please see details below of the accounting system used at OCCTAC: Accounting Method: OCCTAC utilizes a modified accrual -based account methodology. Cost Allocation Method: Costs are allocated using the Direct Cost Allocation Method (OBM Circular A-122). OCCTAC classifies each item to a specific program, department, site, grant or contract that it directly relates to. Indirect expenses like general administration and general expenses are allocated based on the allowable budgeted portion of each program with the remaining portion to the center's administrative category. OCCTAC shall produce financial reporting for each of the Center's program functions. In consolidation, these programs shall make up the overall financial position of OCCTAC. All transactions (Payments and cash receipts) that occur at the center shall be classified under identified categories and programs. When program funding is split between two or more sources, the cost allocation for this program shall conform to the budget allocations established in the program. Budgets: Under the guidance of the Finance Committee and prior to the beginning of each fiscal year, the Executive Director prepares an Operational Budget, including Program Budgets. Tuition fees, Service fee rates, etc., shall be approved by the Board. Any gifts (monetary or otherwise) resulting from fund-raising activities, solicitations and acceptance of gifts or contributions that are presented with restrictions of use shall be approved by the Board of Directors and submitted to the finance committee to verify the appropriate method of accounting and reporting. Receivables: Receivables shall be aged monthly and delinquent accounts shall be followed up for collection. Receivables from miscellaneous sources shall be reviewed periodically by the Treasurer and significant amounts shall be reported to the Board of Directors. All write-offs shall require approval from the Finance Committee prior to implementation. The Board shall review all write-offs from uncollectible accounts receivables. Deposits and Receipt of Monies: Deposit of monies are made on a weekly basis, or whenever more than one thousand dollars (in either cash or check) has been received and recorded by the OCCTAC office. All items to be deposited are and shall be stamped "For Deposit Only" to the Account of OCCTAC with the appropriate bank account number. A deposit form for established OCCTAC accounts shall be completed with deposit slip details for cash or multiple checks. A copy of the deposit form, slip and all items to be deposited shall be made for accounting purposes and upon completion of the deposit attached to the deposit slip and turned into the accounting revenue in -box. To ensure appropriate financial controls, the individual making deposits shall not be the same person reconciling the OCCTAC account. All funds received shall be recorded in the accounting system and filed in the locked accounting file cabinet. • Disbursements:. All disbursements are and shall be made by checks drawn on the established 26 City Council 12 — 46 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal operating checking account for the OCCTAC. All disbursements shall utilize pre -numbered checks used in sequence. Any and all "voided" checks are and shall be mutilated and notes on the voided check stub. At no time shall disbursements be made to "bearer" or to "cash". All banking materials, records, blank checks, and deposit books are and shall be maintained in secure cabinets in the OCCTAC office under the supervision of the Executive Director and Accounting clerk. Only those individuals authorized to handle check stock as their part of their accounting duties for OCCTAC account shall have access to these banking materials. Disbursements are prepared from original invoices. Each disbursement shall require submission of a purchase request form and appropriate backup documentation. Invoices shall be date stamped upon receipt and marked "approved for payment." • Reconciliation of Accounts: All OCCTAC bank accounts are reconciled monthly. A monthly review of all accounts and financial reports are prepared by the Board Treasurer or designated Finance Committee Member. • Files and Records: OCCTAC shall maintain hard copy files for all operational and business transactions that occur. Files shall be separated into the following categories: a) Accounting records, b) Grant documentation, c) Tax filings; Donors, d) Legal/Insurance/License /Permits, e) OCCTAC Programs, f) Personnel documents and files, g) Vendor and Client contracts and other documents. OCCTAC maintains electronic and hardcopy records of all accounting transactions and financial reporting. All electronic records are be copied and stored in a secure, off site location or in a web based file storage system, which is the server. All financial and accounting hardcopy files are stored in secure --lockable file cabinets. Requests for financial documentation get processed through the accounting staff i.e. copy of original document. Original financial documentation remains in the file/s cabinet at all times. D. Describe invoicing process and list qualifications of staff assigned to task. OCCTAC accounting clerk creates monthly WIOA invoices to submit to the City based on expenses incurred during the month. After the Coordinator and the Executive Director review and approve the program expenses, the Accounting clerk enters the data from the participants' stipends and/or time sheets, program staff as well as related expenses into the accounting system to generate an invoice. The invoice will be on the appropriate form provided by the WIOA Contract and submitted for reimbursement. E. Describe how your organization's financial stability is not dependent on WIOA funds. The Orange County Children's Therapeutic Arts Center has a variety of funding sources, including: (1) contracts, (2) grants, (3) donations, (4) fee for service, and (5) fundraising. OCCTAC continues to maintain current contracts, as well as enter into new contracts with key community partners. Three years ago, OCCTAC started a new contract with the Santa Ana Unified School District and five years ago with MECCA and the County of Orange, Health Care Agency to provide prevention and family wellness programs. We anticipate a steady revenue increase, as we continue to grow each year with SAUSD and our MECCA and County partners. In addition, and as part of the OCCTAC's long-term sustainability plan, the Executive Director and our board of directors have agreed to continue to diversify OCCTAC's funding sources by focusing some more on (1) donor solicitation, and (2) fundraising, and (3) social enterprise ventures. 27 City Council 12 — 47 8/6/2024 EXHIBIT 1 2024-25 Orange County Children's Therapeutic Arts Center Youth Employment Program - WIOA Proposal F. Identify the percentage of budget that will go directly to youth (i.e.: work experience payments, direct training, supportive services, incentives, etc.) versus the percentage of overhead and administrative costs. 46% of budget will be directly spent on the youth in the form of work experience, stipends, salaries, direct training, support services, incentives, etc, for the year 2019- 2020. G. Submit most recent 2 years of audited financial statements as Attachment T & U with the Audited Financial Statement Form signed (Attachment S). Please see Financial Audit for year ending 2018. 18. Additional Attachments A. You may include additional documents such as flyers, brochures, training descriptions, and/or testimonials that support your proposal and/or further describe the program, as Attachment W. Please see additional attachments included. Attachments Include WIOA Youth Brochures, Youth Testimonials and other Youth Employment Program forms. 28 City Council 12 — 48 8/6/2024 EXHIBIT 1 AGENCY PERFORMANCE PLAN 2024-2025 ©ranee Countv Children's Therapeutic arts Center WIOA YOUTH POPULATION Youth Population Ages # of Youth to be Served In -School 16-18 4 Out -of -School (80% minimum) 16-24 16 TOTAL NUMBER OF YOUTH TO BE SERVED 20 PROJECTED ENROLLMENTS & EXPENDITURES (NOTE: 80% OF YOUTH MUST BE ENROLLED BY 2ND QUARTER-DECEMBER 31, 2024) Quarter # of Enrollments per Quarter Estimated Expenditures per Quarter 1n 50,000 65,000 85,000 2nd (100% Enrollment Required) 3sd Wh _ 100,000 TOTAL $300,000 14 WIOA ELEMENTS mark a "x" next to the elements provided in your program 1. Tutoring, study skills training, dropout prevention strategies 2. Alternative secondary school services or dropout recovery 3. Paid & unpaid work experience that have academic and occupational components, which may include: summer employment, pre -apprenticeship, internships & job -shadowing, or On -the -Job training (20% of funds must be used for this element) 4. Occupational skills training —priority for recognized credentials aligned with sectors in - demand 5. Education offered concurrently with workforce preparation activities 6. Leadership development -community service & peer centered activities 7. Supportive Services 8. Adult mentoring 9. Follow-up services for not less than 12 months after exit (required) 10. Comprehensive guidance & counseling drug & alcohol, etc. 11. Financial literacy 12. Entrepreneurial skills training 13. Labor marker information -career awareness and exploration 14. Activities to help youth prepare for and transition to postsecondary education PERFORMANCE MEASURES (Projected Benchmarks subject to change Baseline=BL) 1. % of Participants who are in education/training, or in unsubsidized employment during the 2nd quarter after exit Benchmark: 71% 2. % of Participants who are in education/training, or in unsubsidized employment during the 4" quarter after exit Benchmark: 80% 3. The median earnings of Participants in unsubsidized employment during the 2nd quarter after exit Benchmark: $4,400 4. % of participants who, during the program, are in education or training that leads to a recognized postsecondary credential or employment AND who are achieving measurable skill gains Benchmark: 75% 5. % of Participants who obtain a recognized postsecondary credential or secondary diploma during participation OR within 1 year after exit Benchmark: 64.2% 6. Effectiveness in serving employers Benchmark: BL* *Pending further State and Federal guidance. City Council 12 — 49 8/6/2024 EXHIBIT 1 OC CHILDREN'S HEKAPEUTIC AKT 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtoc.org Supportive Services Policies and Procedures WIOA Program 2024— 2025 Purpose: To establish guidelines for the issuance of supportive services to participants who are identified in need of such services. Goal is to aid participants with their successful completion of their WIOA goals and OCCTAC's WIOA program. Procedures: Eligibility: Supportive services are available to those identified as approved WIOA participants; have limited resources to meet basic needs; and have expressed the need of additional support to OCCTAC's WIOA Program staff. Supportive services will be made available to participants while they are enrolled in all phases of the WIOA program. These services are contingent upon approval by the Program Coordinator and OCCTAC Director. Provision of supportive service is not an entitlement. Delivery of supportive services will be made in -person or to the WIOA participant's personal email or mailing address if available and in cases where in -person delivery is shown to be difficult for the WIOA participant and staff. Availability of Funds and Assessment of Need: The fiscal advisor or the accounting clerk and the Executive Director will verify the availability of funds and notify the Program Coordinator. Supportive services are delivered contingent upon availability of funds, the need of the participant and given on a first come, first serve basis. Initial assessment on need will be determined by the Case Manager and will be reviewed regularly. Logs of services will be kept on a regular basis and service(s) will also be case noted for documentation purposes. Transportation Assistance Guidelines: After identifying the need for transportation assistance and eliminating other resources, the case manager and the participant will develop a service plan (ISS) and update progress in the case notes. Transportation assistance is defined as the provision of a gas card; bus pass or ACCESS coupon book. No replacement bus pass, gas card or ACCESS coupon book will be issued in the event the participant loses his/her bus pass, gas card or ACCESS coupon book. City Council — 50 9/2 0/2024 EXHIBIT 1 OC CHILDREN' S J I HEKAPEUtIC AK,S 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org Documentation and Receipt Requirement for gas cards: 1. The participant must provide itemized receipt(s) totaling the amount provided within 30 days that the gas card is provided and/or before receiving additional gas cards, and the itemized receipt(s) must then be included in the participant's file. If not returned, no additional supportive services may be provided. 2. The case manager must perform and record in Ca1JOBS case note if a participant fails to return the receipts for the gas cards; the case manager must contact the participant requesting the missing receipts and explain that no further supportive services will be provided until the missing receipts are received in full; and 3. If the receipts are not provided, send a follow-up letter within five (5) business days to the participant requesting the receipts and notifying the participant that no further supportive services will be provided until all receipts are received. A copy of this letter must be kept in the participant's file. Fingerprinting —Live Scan and TB Test: Participants who work with children and are placed in an educational setting will be required to undergo Fingerprinting —Live Scan through the Department of Justice and show a cleared TB Test. This supportive service will be available for participants on a case -by -case basis and determined by the case manager. Work and School Related Materials: A participant may need to purchase books, fees, school supplies and/or other necessary materials to enable him/her to participate in activities leading to a credential. A participant may need to purchase work related equipment, attire, tools, or certification for the purpose of obtaining employment and to enable him/her to be successful in employment. Child/Dependent Care: After identifying the need for assistance and eliminating other resources, the case manager and the participant will develop a service plan (ISS) and update progress in the case notes. Childcare assistance is defined as the provision of $75 payment to institution/daycare/childcare provider upon receiving an invoice. 2 City Councilftttaui — 51 8 � ono24 EXHIBIT 1 OC CHILDREN'S y 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org Participants may receive assistance with childcare or dependent care, which will enable them to participate in activities. Childcare will be limited to a maximum of $75.00 per month per child/dependent. Supportive service available to all youth that enrolled in the program as pregnant or parenting youth. Other: Any other miscellaneous type expenses not mentioned above may be considered with proper authorization. The request must be fully documented and all receipts in proper order. 3 City Council — 52 8%12 � oizoz4 EXHIBIT 1 tiOC CHILDREN'S :6h 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org Incentive Policy and Procedures WIOA Program 2024 — 2025 Purpose: To establish guidelines for providing incentives to participants who successfully commit, and complete goals establish during program participation. Goal is to aid enrolled youth with their successful completion of OCCTAC's WIOA program. Procedures: All incentives are available to those identified as approved WIOA participants. WIOA participants must provide documented proof of their eligibility for the listed incentives provided in this policy. Incentives will be provided in the form of a Target gift card. Delivery of supportive services will be made in -person or to the WIOA participant's personal email or mailing address if available and in cases where in -person delivery is shown to be difficult for the WIOA participant and staff. All incentives are based on availability of funding and are processed on a first come first serve basis. Logs of incentives will be kept on a regular basis and will also be case noted for documentation purposes. Summary of incentives: Current Enrolling in GED Program $100 $80 Completed a course (minimum 72 hours) in GED program (see details/restrictions) Secondary School Perfect Attendance (see additional details/restrictions) $100 $200 Received Credential/Diploma/GED Enrolled in Post -Secondary Education/Vocational School $150 Basic Skills Deficient: Increase in EFL $100 Employment: Submitting 5 applications (see additional details/restrictions) $80 Employment: Obtaining employment $150 Employment: Retaining employment (see $200 additional details/restrictions) 1 City Council 2 — 53 evg 7 W 024 EXHIBIT 1 OC CHILDREN'S -xPEUTI' ARTS 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714,564.9690 • www.occtac.org Worksite: Monthly perfect $50 attendance/punctuality Follow -Up Received credential in Secondary/Post- Secondary School/GED: $200 Enrolling in GED Program $100 Completed a course (minimum 72 hours) in GED program (see details/restrictions) $80 Enrolling in Post -Secondary Education $150 Employment: Submitting 5 applications (see additional details/restrictions) $70 Employment: Obtaining Employment $150 Employment: Retaining Employment (see additional details/restrictions) $200 Incentive descriptions: HS Dropouts: Individuals who are HS dropouts at time of enrollment will be encouraged to attain a HS diploma or GED. Those who enroll into an institution yieldingto a HS diploma or GED will be eligible to receive a $100.00 gift card. For every course (minimum 72 hours) they complete within the GED program, while enrolled in all phases of the WIOA program, both current and follow-up participants will be eligible to receive an $80 gift card. Current participants will be eligible to receive a $200 gift card for obtaining their GED/Diploma, follow-up participants will be eligible to receive a $150 gift card upon obtaining their GED/Diploma. Doing so will encourage these WIOA participants to commit to their educational goal and thus attain a secondary credential within a reasonable amount of time. Case Manager, Career Counselor and school representatives will communicate regularly to ensure that students enrolled into their institution commit to their schedule to complete missing credits on a timely manner. Youth in Secondary Education: Obtaining Credential: Any youth in secondary education that obtains their High School Diploma or GED during current year or follow up will receive a Gift Card incentive. This is to encourage youth for completing their educational goal of City Council ac rn 2 — 54 evb7 024 EXHIBIT 1 OC CHILDREN'S �r UH E R A P E U T 1,,-i 2215 N Broadway • Santa Ana, CA 92706 •714.547.5468 • Fax 714.564.9690 • www.occtoc.org obtaining a credential for finishing their secondary education in a timely manner. Because this is a high demand credential by employers, we want to use this incentive as a way to help them secure and achieve employment goals. For Current youth: Gift Card incentive will be $200 For Follow-up youth: Gift Card incentive will be $150. Must be completed before the last day of the 4t" quarter after Exit. Attendance: Youth in secondary education will receive a $100 Gift Card incentive per semester for achieving at least 1 month of consecutive perfect attendance. This is to encourage school attendance and progress towards obtaining their HS Diploma. Basic Skills Deficient (BSD) Youth: WIOA participants that are identified as basic skills deficient upon enrollment will receive weekly tutoring in Math and/or Literacy (see Work Based Learning Policy). To encourage tutoring participation and motivation to improve their Literacy and Numeracy skills, youth will receive a $100 gift card per subject when they increase by at least one EFL (Educational Functioning Level). Limit to one gift card per subject. Employment for Currently Enrolled Youth: To motivate youth to complete their employment goals, participants will receive an incentive when they meet at least one of the following goals and provide supporting documentation of completion: • Submitting 5 applications: $80 Gift Card incentive (valid once per month - maximum $320) • Obtain employment: $150 Gift Card incentive • Employed for 6 consecutive months: $200 Gift Card incentive Employment for Youth in Follow -Up: • Submitting 5 applications: $70 Gift Card incentive (valid once per month - maximum $280) • Obtain employment: $150 Gift Card incentive • For 6 consecutive months employed: $200 Gift Card incentive Post -Secondary Education for Currently Enrolled Youth: Participants are encouraged to complete their goals toward post -secondary education so that they may advance in their careers and increase their chances City Council 2 — 55 evg 024 EXHIBIT 1 �,,..,IOC CHILDREN'S -'THERAPEUTIC �.,. 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtoc.org of earning higher hourly wages. Participants will be eligible for a $150 Gift Card incentive if they have enrolled in post -secondary education or vocational school. Participants will be eligible to receive a $200 gift card for obtaining a credential such as Associates, Bachelors, or vocational certificate. Post -Secondary Education for youth in Follow up: • Obtaining a Credential: $200 Gift Card incentive • Enrolling for post -secondary education/vocational: $150 Gift Card incentive 4 City Council 2 — 56 ev� 024 EXHIBIT 1 OC CHILDREN'S T" L R A I) L t.11r 1 I H. K. I S 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org Purpose: Work Experience Policy WIOA Program 2024 — 2025 To establish guidelines for the WEX youth paid work experience placements while enrolled in OCCTAC's Youth Employment Program funded through Workforce Innovation and Opportunity Act (WIOA). Eligibility & Customer Profile: WEX youth participating in work experience must have unexpired right to work documents and qualify for the youth employment program by meeting the requirements as outlined in the Youth Program Eligibility and Application Policy. WEX youth will make a plan with case manager in order to assess the developmental needs and place youth in worksite that best fits the WEX youth's experience and interests. Depending on the program that they work for, WEX youth will be working with children age 6 months to adults 65+ if their worksite is OC Children's Therapeutic Art's Center. Customer profile will vary if WEX youth are placed off -site. General Information: Lunch and Breaks: WEX youth must take a % hour unpaid break after no more than 5 hours of work. They are also entitled to a paid 10- minute rest period every 4 hours. Unable to attend worksite: WEX youth must notify the worksite supervisor and case manager a minimum of two hours before his/her shift begins if unable to report to work. W-2: To be available for all youths that participated in WEX by January 31 for the hours completed the year before. Youth are 1 City Council 1 — 57 evM7 4 024 EXHIBIT 1 . OC CHILDREN'S 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.ora responsible for providing OCCTAC staff with the most up to date address so that their W-2 gets mailed out to the correct address. Worker's Compensation: WEX Youth are all covered under OCCTAC's insurance. If they are ever to become injured or hurt on the job they will call the insurance company and go to the provider covered by the insurance. Work Hours: On average WEX youth will work between 10-20 hours a week. Below are the maximum hours the WEX youth may complete based on California labor laws. WEX youth are not authorized to work overtime. Work Hours Maximum hours when school in session Maximum hours when school not in session Ages 14-15 • 7am-7pm from Labor Day to June 1 • Not during school hours • 7am-9pm, from June 1 to Labor Day 18 hours a week but not over: • 3 hours a day on schooldays • 8 hours a day Saturday -Sunday and holidays • 29 hours a week • 8 hours a day Ages 16-17 • 5am-10 pm when there is school the next day • 5am-12:30am when there is no school the next day 29 hours a week, but not over: • 4 hours a day Monday- Thursday • 8 hours a day Friday -Sunday and holidays • 29 hours a week • 8 hours a day Ages18+ Anytime 29 hours 29 hours 2 City Council oza 12 — 58 e� 4 EXHIBIT 1 _ OC CHILDREN'S 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.ora Timecards and Sign in Sheets: Worksite will have a binder or designated location on -site where WEX youth will sign in and out. In order for the timesheets to be valid, youth must have the supervisor initial after every shift. Youth will then complete timesheets to the best of their knowledge and sign them. Signatures may be completed in -person or through a pre -approved electronic signature program. At the end of every month, youth must turn in sign -in sheets and signed timesheets to coordinator. If WEX youth is unable to collect sign in sheets, OCCTAC staff may retrieve the sign in sheets from worksite. Paycheck Information: WEX youth will receive payment on the 1St" of every month. Duration and Length of WEX Activity: Based on the availability and needs of WEX youth, work experience should be a minimum of 6 weeks and not exceed 45 weeks or 900 hours unless approved by Program Manager. Staff of Santa Ana Workforce Development Board may approve WEX waivers of the 900-hour limitation policy. Waiver requests must be submitted in writing. Youth may not exceed the 900-hour limit prior to the date of waiver approval. Rate of Pay and Payment: During Stipend WEX youth will receive $12S.00 for every 10 hours completed for the first 40 hours of work experience. Immediately after that, youth will be compensated at the current California minimum wage for every hour worked. 3 City Council 12 — 59 4 024 EXHIBIT 1 r OC CHILDREN'S r-I E R A I E U T �. 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.ora Worksite Review: Worksite review will occur during their WEX training. Worksite will be monitored for compliance of worksite agreement and safety standards. The purpose will be to ensure that WEX youth is receiving quality training while working in a safe and comfortable environment. OCCTAC staff member is to visit the worksite before training begins to meet with the WEX youth's supervisor and monitor the worksite. Staff is to do one visit halfway through training. If corrective action is required, worksite supervisor will be informed by OCCTAC staff of any inconsistencies in the worksites operations. A follow-up visit will be made within three to five working days after the findings have been identified, to review corrective action taken by worksite. Allowable Expenditures: WEX funds may be used to pay participant's wages and related benefits for work experience in the public, private, for -profit or non- profit sectors when the participant's objective assessment and individual service strategy indicate that work experience is appropriate. Allowable expenditures beyond wages may include the following: • Classroom training or the required academic education component directly related to the work experience. • Professional development training related to work experience. • Orientation sessions for WEX youth and employers. • Tutoring with OCCTAC tutor in order to improve skills or meet ISS Goals. • Meeting with supervisors or employers outside of scheduled work hours for planning, training, or evaluating progress. 4 City Council 1 — 60 evgg 7 024 EXHIBIT 1 OC C H I L D R E N'S M R 1r �a y[ tHLRA1'FUII ARTS 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.ora Worksite approval Procedures: Worksite approval procedures ensure that the worksite fits the WEX youth's developmental needs, is a safe environment for them to work in, and provides valuable training. OCCTAC staff will visit the worksite, and fill out a worksite safety report depending on the youth's age. They should also present the worksite supervisor with the worksite training agreement and contract outlining the training/ learning objectives for WEX youth. 1. The worksite location must be safe, appropriate to the WEX youth's age, ADA compliant and EEO compliant. 2. The on -site supervisor must agree to abide by the rules indicated in the worksite training agreement 3. The on -site supervisor must outline training objectives that coincide with the WEX youth's development and capabilities on the Training Plan. OCCTAC staff will evaluate the proposed Training Plan and suggest appropriate learning objectives when necessary. On -site supervisor must agree to any edits suggested by OCCTAC Staff. 4. Approved: Once the worksite complies by the three conditions stated above the worksite will be approved for paid WEX. 5. Not Approved: If the worksite or the on -site supervisor do not comply to the following: safety, ADA and EEO compliance, worksite agreement and appropriate objectives; the worksite will not be approved for paid WEX. Agency Worksite Agreement Procedures: The worksite agreement procedures ensure that all worksites are evaluated equally and follow the same procedure. Once Staff deems the worksite safe the staff will meet with the supervisor to explain the different parts of the worksite agreement and complete the documents before the WEX youth's first day of training. 5 City Council 1 — 61 evft 024 EXHIBIT 1 ` OC CHILDREN'S 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occfac.org Worksite training agreement includes: a) Letter from executive director introducing the objective of our Youth Employment Program funded by WIOA b) Worksite training agreement c) WEX youth responsibilities d) Training plan and worksite schedule. Staff Roles and Responsibilities: A. Complete Worksite safety report to best of knowledge and ensure that worksite is ADA and EEO compliant. B. Complete Agency Worksite Agreement with worksite supervisor. See Agency Worksite Agreement Procedures (page 6). C. Complete all parts of Worksite Approval Procedures (page 5) to ensure that the worksite is the best fit for WEX youth. D. Complete a minimum of three worksite reviews as outlined in Worksite review (page 4). E. Provide age appropriate work sites. F. Meet with worksite supervisors to evaluate WEX youth's work performance and distribute evaluations G. Meet with WEX youth to evaluate the worksite and make plan for developing job skills when necessary H. Assist with job placement at conclusion of WEX training. I. Educate WEX youth on health and safety and make safety plan in case of injury. WEX Youth Roles and Responsibilities: A. Be willing to commit to learning and working hard B. Be willing to follow work hours, instructions, work policies and rules C. Keep accurate timesheets and submit timesheet to the OCCTAC Youth Employment Program office at the end of each month. 6 Z' City Council 12 — 62 % 4 EXHIBIT 1 OC CHILDREN'S Ht:K t J HK lJ 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.orq D. Immediately report any work related incidents to both the worksite supervisor and the OCCTAC staff E. Communicate any inappropriate behavior of work related issues to OCCTAC staff F. The WEX youth agrees to call the worksite supervisor a minimum of two hours before his/her shift begins if unable to report to work. G. The WEX youth is required to stay in his/her assigned placement for a period of 2-3 months. After a period of three months, if the WEX youth chooses to continue at the worksite he/she may do so with the approval of the work site supervisor and OCCTAC staff. If participation is extended additional duties and opportunities to acquire new skills should be included, in order, to further enrich the WEX youth's experience at worksite. H. Abide by responsibilities outlined in the worksite training agreement. Worksite Supervisor Roles and Responsibilities: A. Be willing to train and mentor the WEX youth B. Be willing to complete quarterly evaluations of WEX youth performance. C. The worksite supervisor understands this to be an entry level position and the responsibilities assigned shall be entry level. D. Be willing to provide to OCCTAC staff and to the WEX youth a Job Description indicating WEX youth job responsibilities at worksite. E. Give WEX youth appropriate safety training for the worksite F. Give WEX youth timely breaks when appropriate as outlined in the worksite training agreement. G. Abide by the work hours and responsibilities outlined by the worksite training agreement. If any changes are made first they must be approved by OCCTAC staff and stay within the City Council 12 — 63 24 024 EXHIBIT 1 R QC CHILDREN'S 1—I EK A l W leIC AKTS 2215 N Broadway • Santa Ana, CA 92706 • 714.547.5468 • Fax 714.564.9690 • www.occtac.org hours outlined above in "general information" section (page 1). H. Be ADA compliant I. Adhere to the Equal Opportunity Grievance Procedures J. Observe California State and Federal Child Labor Laws 8 City Council A LLdC1 MI t2l U — 64 Rev 8e7 024 EXHIBIT 1 Orange County Children's Therapeutic Arts Center Procurement Policy 2024- 2025 Orange County Children's Therapeutic Arts Center (OCCTAC) has established this policy to guide its procurement of supplies, equipment, and services. The purpose of this policy is to insure that OCCTAC makes procurement decisions and payments in an open and fair manner and to document all purchases when appropriate. A. Code of Conduct No employee, officer, or agent of Orange County Children's Therapeutic Arts Center (OCCTAC) shall participate in the selection or in the award or administration of any procurement if a conflict of interest, real or apparent, would be involved. Such a conflict could arise if the employee, officer, or agent: any member of her/his immediate family; his/her partner; or an organization which employs or is about to employ any of the above has a financial or other interest in the firm selected for award. No officer, employee, or agent of OCCTAC shall solicit or accept gratuities, favors, or anything of monetary value form contactors, potential contractors, or parties to sub- agreements, except where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. Any alleged violations of these standards of conduct shall be referred to the Executive Director. Where violations appear to have occurred, the offending employee, officer, or agent shall be subject to disciplinary action, including but not limited to: dismissal or transfer; when violations or infractions appear to be substantial in nature, the matter may be referred to appropriate officials for criminal investigation and possible prosecution. B. Procurement Procedures The officer, employee, or agent responsible for procurement of services, supplies, equipment or construction shall review all proposed procurement actions to avoid the purchase of unnecessary or duplicative items. All services and items will be purchased with consideration of these priorities: 1. Best price 2. Features and quality of the item 3. Willingness to meet billing, delivery, and service needs 4. Minority or Women -owned supplier Services and items less than $500: Comparisons of prices, quality, and features can be made by visit, telephone, or by consulting advertisements and catalogues. All purchases must be made within budget City Council 12 — 65 8/6/2024 EXHIBIT 1 guidelines. Written authorization and sales receipt confirming payment must be kept on file. Service and items costinsz more than $500 (routine purchases): a. A designated staffinember shall identify two orthree vendors who offer discount or competitively pricedsupplies. Staffshall routinely " shop" thosevendors, looking for the best overall price on each order --though not necessarily on an item -by -item basis. Once each year, the staff shall determine which two or three vendors in the area offer the most competitive prices. Written documentation of the research shall be maintained. b. Nothing in the paragraph above shall prevent stafffrom taking advantage oflower prices from other vendors whenever better prices are available. c. When possible, staffshall attempt to negotiate discounts for larger volume purchases, and should inquire about discounts for paying cash. d. All purchases mustbemade within budget guidelines. Writtenauthorization and sales receipt confirming payment must be kept on file. Service and items costiny- more than $500 (infrequent purchases): a. A designated staffinember shall obtain written quotes or advertisements from three vendors. Purchase decisions shall be made on the basis of the most advantageous purchase for OCCTAC, based on the above criteria. b. Nothing inthe paragraph above shall prevent staff from taking advantage of lower prices from other vendors whenever better prices are available. c. When possible, staffshall attempt to negotiate discounts for larger volume purchases, and should inquire about discounts for paying cash. d. All purchases must be made within budget guidelines. Written authorization and sales receipt confirming payment must be kept on file. Sole Source Procurement 00 The use ofa sole supplier is discouraged, and requires the written authorization of the Executive Director. Requests for sole source procurement must include the reason forthe lack of competitive information and justification for the selection. C. Authorization a. StaffAuthorization: The Executive Directory may atherorhis discretion, give one or more staff members purchase authority for purchases. City Council 12 — 66 8/6/2024 EXHIBIT 1 b. Funds for all purchases must appear in the current board -approved budget. D. Unauthorized Purchases The purchase of supplies forpersonal use is prohibited, as is any purchase made without the approval ofa staff member having purchase authority. In addition to being subj ect to disciplinary actionunderthepersonnel policyand any remedies available underthe law, an unauthorized purchaser will be held personally liable forthe cost ofthe unauthorized purchase. City Council 12 — 67 8/6/2024 EXHIBIT 1 WIOA 2024-2025 Grant Personnel $ 165.198.00 Coordinator — .88 FTE for 47 weeks: (Benefits Included) 35 hours a week for 47 weeks @ $26.00 per hour The Coordinator will work 35 hours a week for 47 weeks providing: recruitment & eligibility intake, assessment, documentation & case notes; identify barriers and goals; monitor progress & goals; meet regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network and youth council meetings; organize and attend OCCTAC — WIA Staff Meetings and document input; organize relative activities. Distribute WEX hours to youth and keep track of all paid hours and supportive service activities. Also, the coordinator will aid youth during follow-ups, and complete any related documentation. Case Manager - .88 FTE for 24 weeks: (Benefits Included) 35 hrs. a week for 24 weeks @ $22.00 per hour The Case manager includes providing documentation & case notes; identify barriers and goals; monitor progress & goals; meeting regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network ad youth council meetings; organize and attend OCCTAC- WIA Staff meetings and document input; organize related activities, such as: workshops, mock interviews etc. Job Developer / Case Manager — .63 FTE for 47 weeks (Benefits Included) 25 hours a week for 47 weeks @ $22.00 per hour The Job developer is responsible for creating job opportunities for clients by researching, identifying and soliciting commitments from possible sources of employment; and providing clients with soft skills and job search training. Job developer will also locate employment opportunities that fit each individual youth depending on barrier such as Disability, probation, or parenting youth. The Case manager portion of this position includes providing documentation & case notes; identify barriers and goals; monitor progress & goals; meeting regularly with individual WIA participants to train on employment and job skills; represent OCCTAC in provider network ad youth council meetings; organize and attend OCCTAC- WIA Staff meetings and document input; organize related activities, such as: workshops, mock interviews etc. Career Counselor & Job Developer —.50 FTE for 43 weeks: (Benefits Included) 20 hours a week for 43 weeks @ $22.00 per hour: The respective position will be responsible for providing educational and career training to all WIA participants; mentoring and assisting with related work experience placement; observing and monitoring participants with technical/artistic skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. The Job developer is responsible for creating job opportunities for clients by researching, identifying, and soliciting commitments from possible sources of employment; and provide clients with soft skills and job search training. Job developer will also locate employment opportunities that fit each individual youth depending on barrier such as Disability, probation, or parenting youth. Technology Instructor — .50 FTE for 32 weeks: (Benefits Included) 20 Hours a week for 32 weeks @ $28.00 per hour: The respective position will be responsible for providing educational and career training to all WIA participants as it relates to the technology field; mentoring and assisting participants with related work experience placements; observing and monitoring participants with technical skills; documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular tem meetings. IMMMMIN City Council 12 — 68 8/6/2024 EXHIBIT 1 Arts Instructor — .38 FTE for 32 weeks: (Benefits Included) 15 Hours a week for 32 weeks @ 28.00 per hour: The respective position will be responsible for providing educational and career training in the Arts to all WIA participants; mentoring and assisting participants with related work experience placements; observing and monitoring participants with artistic skills; documentation progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Literacy/Instructor — .25 FTE for 32 weeks: (Benefits Included) 10 hours a week for 32 weeks @ $20.00 The respective position is responsible for assessing the literacy and basic skills of all WIA participants; teaching WIA participants learning and literacy strategies; monitoring & documenting literacy progress throughout the program; meeting regularly with WIA participants and attending regular team meeting. Numeracy Coach/Instructor — .25 FTE for 32 weeks: (Benefits Included) 10 hours a week for 32 weeks @ $20.00 The respective position will be responsible for assessing the numeric and basic skills of all participants; teaching WIA participant's learning and mathematical problem -solving strategies; monitor & documenting progress throughout the program; meeting regularly & individually with WIA participants to train on related curriculum; and attending regular team meetings. Rent Utilities $0.00 Phones $0.00 Internet _ $0.00 Parkin Fees $ 200.00 Funds allocated for parking foes at CWA Conference, Trainings, and Campus visits. Security $0.00 Maintenance $ 0.00 Insurance _ $0.00 Equipment rental Fees $0.00 AccountiniServices _ $0.00 Vehicle Lease $ 2 000.00 Funds Allocated for the rental of 1-2 buses for Field trips _ Bus Rental $500 each City Council 12 — 69 8/6/2024 EXHIBIT 1 Office Expenses $2,500.00 Office Supplies: as needed for 1 year $1,000.00. Office supplies (copy paper, files, folders, pens, highlighters, paper clips etc.) will be purchased as needed by WIOA staff members though out the year to assist in administration work, resource information, youth, workshops, meetings, and classes. Food: as needed for Field Trip and Conference 2 field trips: 2 X $300 = $600 2 conference trainings $400 TABE Test Material $500 Purchase necessary TABE Test score sheets to asses' students before and after program session. Legal Assistance $0.00 ina Services $0.00 Staff Training _ $0.00 Staff Conferences $1.000.00 CWA conference registration fee for I or 2 case managers Staff Travel/Mileage $200.00 Mileage for WIA Staff as needed for 1 year $200 Mileage reimbursement will be made for WIA Staff for driving to WIA required events. Such as YSPN meetings, Staff trainings, driving youth to necessary events (fields trips, Youth council meetings, City Council Meetings, WEX placements, resource or referral appointments) Stipends and Wages for 30 Participants $ 80,000.00 Training Stipends (in school — out of school youth) — 30 participants First 10 hours: participants given $125 stipend to participate in program Second 10 hours: participants given $125 stipend to participate in program Third 10 hours: participants given $125 stipend to participate in program Fourth 10 hours: participants given $125 stipend to participate in program After stipends completion Months 3 — 11: participants are paid $17.00 per hour for Work based learning (5 -10 hours per week or as funds become available) Supportive Service $19,500.00 Buss Pas/Gas Voucher: As needed fbr 30 participants $11,055.00 20 bus passes @65.55each for 5 months $6,555.00 10 gas cards @$50.00 Each month for 9 months $4,500.00 Funds are allocated for youth who need transportation related support. Work Related supplies: As needed for 30 participants $3,000.00 Work related and Skills building tools, book, portfolios. Items needed for job interviews, Employment opportunity, employment enhancement trainings and clothing, supplies. EXHIBIT City Council 12 — 70 8/6/2024 EXHIBIT 1 Academic Support: As needed for 30 — participants $4,125.00 Tuition Support for certificates or other related academic programs for 30 participants; books for related course work, laptops, tutoring supplies, and college field trips and other academic supplies. Fingerprinting/TB Test; as needed for 30 participants $1,320.00 30 fingerprinting @$19.00 each $570.00 and 25 TB test @$30 each $750.00 Funds allocated for Dept. of Justice Clearance & TB test for employment. Program Incentives $5,458.00 High School Dropouts $50 incentive for every two modules or classes completed leading to a High School Diploma 4 Youth x 5 (10 modules) = 10 x $50 = $ 500.00 High School Diploma or Post -Secondary Education $100 incentive for obtaining high school diploma; registering for Fall or Spring Semester at post -secondary institution; or obtaining a credential. 20 youth = $1,958 Basic Skills Deficient (BSD) Youth $25 incentive for increasing their EFL score by at least one level in either Math or Reading subjects for participants that are identified as basic skills deficient upon enrollment. 60 youth = $1,500 Employment $25 incentive for submitting a job application and obtaining a job interview. 20 youth = $500 $50 incentive for obtaining employment. 20 youth = $1,000 Youth Conferences $1,500.00 CWA conference registration fee for 1-2 currently enrolled youth Follow up $4,000.00 Indirect Cost_ $18,444.00 10% de Minimis Program Documents: a. WIA Youth Sign in Sheet: Participants will log and track all activities and hours accumulated on a day- by-day basis and have supervisor sign to confirm time of arrival and departure to their activities. Activities can include Work Base Learning Hours, Class training, case management and education counseling meetings, Math/English tutoring session etc. EX IB T City Council 12 — 71 8/6/2024 EXHIBIT 1 b. WIA Youth Time Sheet: Participant will turn in a weekly time sheet with all hours accumulated throughout the weeks in activities attended. Youth will be asked to log their tasks in detail to provide proof of the activities attended. Activities can include Work Base Learning Hours, Class training, case management and education counseling meetings, Math/English tutoring session and any other supplemental hours approved by supervisor. c. WIA Staff Time sheet: Staff will turn in a weekly time sheet with hours worked for meetings with WIA youth, WIA administration, teaching a WIA class or Workshop, or Tutoring and preparing for youth appointments, as well as any additional supplemental hours approved by WIA staff supervisor and administrator intended for WIA program purposes only. 53 % of the budget will be directly spent on youth in the form of paid work experience, stipends, certificates training, college tuition support and other support services. F City Council 12 — 72 8/6/2024 EXHIBIT 1 CERTIFICATION REGARDING LOBBYING CERTIFICATION FOR CONTRACTS, GRANTS, LOANS and COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities" in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including agreements) and that all subrecipient's shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Orange County Children's Therapeutic Art Center Grantee/Contractor Organization /I —. %, . I Signature Dr Ana Jimenez-Hami Name of Certifying Official Signature EXHIBIT E Executive Director Program Title City Council 12 — 73 8/6/2024 EXHIBIT 1 Certification Regarding Drug -Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the U.S. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, the U.S. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. CERTIFICATION A. The contractor certifies that it will provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing a drug -free awareness program to inform employees about — (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the U.S. Department of Housing and Urban Development within ten days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction; EXHIBIT F City Council 12 — 74 8/6/2024 EXHIBIT 1 (f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - (1) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f). B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code) .the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the U.S. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form. 1 v Date Program Operator Sig ature EXHIBIT F City Council 12 — 75 8/6/2024 EXHIBIT 1 DIVISION OF EMPLOYMENT SERVICES PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG -FREE WORKPLACE REQUIREMENTS Name: Dr. Ana Jimenez-Hami Name of Contractor: Orange County Children's Therapeutic Art Center Contractor Number: A-2024- Date: August 1, 2024 - June 30, 2025 The Contractor shall insert in the space provided below the site(s) expected to be used for the performance of work under the contract covered by the certification: Place of Performance (include street address, city, county, state, zip code for each site): 2215 North Broadway, Santa Ana, CA 92706 Address EXHIBIT F City Council 12 — 76 8/6/2024 EXHIBIT 1 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended Nonprocurement, Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register, Vol. 53, No. 102 (Pages 19160-19211), and subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. The prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) convicted or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Orange County Children's Therapeutic Art Center Grantee/Contractor Organization Dr. Ana Jimenez-Hami, Executive Director Name and Title of Official Authorized to Certify On Behalf of the Grantee Date City Council 12 — 77 8/6/2024 EXHIBIT 1 INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, and Voluntary Exclusion" from the covered transaction unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. City Council 12 — 78 8/6/2024 EXHIBIT 1 Assurances & Certifications Selected providers will be required to sign and submit "actual" assurances and certificates as required by the City of Santa Ana and the Workforce Development Board on all contracts. I recognize that I must give assurances for each item below. If I cannot, this proposal will be automatically rejected. Please initial each box. I am authorized by my Board of Directors, Trustees, other legally qualified officer, or as the owner of this agency or business to submit this proposal. We are not currently on any Federal, State of California, or local Debarment list. We will provide records to show that we are fiscally solvent, if needed. We have, or will have, all of the fiscal control and accounting procedures needed to ensure that v WIOA funds will be used as required by law and contract. We have additional funding sources and will not be dependent on WIOA funds alone. _W/ We do or will meet the applicable Federal, State, and local compliance requirements. These include, but are not limited to: Records accurately reflect actual performance. Maintain record confidentiality, as required. Reporting financial, participant, and performance data, as required. Comply with State and Federal fiscal and program activity audits. Complying with Federal and State non-discrimination provisions. Meeting requirements of Section 504 of the Rehabilitation Act of 1973. Meeting requirements of the American's with Disabilities Act of 1990. (submit completed survey) Meeting all applicable labor law, including Child Labor Law standards. Agree to provide a drug free workplace. Agree to insure the City of Santa Ana through General Liability Insurance and Automobile Liability Coverage in the amount of $1,000,000.00 policy. Agree to provide all participants with Grievance Procedures. Agree to insure proposer's employees through Workers Compensation Insurance (including part-time employees) po'Procurement policies and procedures are in place and meet federal guidelines. e will not: Place a youth in a position that will displace a current employee. Use WIOA money to assist, promote, or deter union organizing. Use funds to employ or train of persons in sectarian activities. Use funds for youth in the construction, operation, or maintenance of any part of a facility to be used for sectarian instruction or religious worship. Use WIOA funds for activities that would interfere with or replace regular academic requirements for ligible youth who are not dropouts. Use WIOA funds to carry out programs funded under the School -to -Work Opportunities Act of 1994 unless the program(s) are only for youth eligible to participate under WIOA. Use WIOA money under this contract to purchase any equipment. I hereby assure that all of the above are true. Name he'L - 4P.,V-%N (cA, c - 17, re --b r- 1— 17_-W Title Date EXHIBIT H City Council 12 — 79 8/6/2024 Ali o® CERTIFICATE OF LIABILITY INSURANCE EX 05/15/2024 V) 024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Issuance Team NAME: Comprehensive Insurance Services PAHicNNo Ext : (949) 709-8800 AIIX No): E-MAIL jeremy@thecomprehensiveinsurance.com ADDRESS: 26429 Rancho Parkway South INSURER(S) AFFORDING COVERAGE NAIC # Suite 120 Lake Forest CA 92630 INSURERA: Nonprofits Insurance Alliance of California 10023 INSURED INSURER B : State Compensation Insurance Fund 35076 INSURER C : Orange County Children's Therapeutic Arts Center 2215 N. Broadway INSURER D : INSURER E : Santa Ana CA 92706 INSURER F : COVERAGES CERTIFICATE NUMBER: All REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TR TYPE OF INSURANCE INSD WVD POLICYNUMBER PMIDD/YOLICY FF (MM/DD/YYWI OLIC PMIDD XP (MM/DD/YYWI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FX] OCCUR DAMAGE TO REEN PREMISES (Ea occurrence) 500000 $ , MED EXP (Any one person) $ 20,000 PERSONAL &ADV INJURY $ 1,000,000 A Y Y 2023-09201 12/21/2023 12/21/2024 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 3,000,000 POLICY ECT FX LOC PRODUCTS-COMPIOPAGG $ 3,000,000 $0 Deductible $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS 2023-09201 12/21/2023 12/21/2024 BODILY INJURY (Per accident) $ PROPERTYDAMAGE (Per accident $ X HIRED NON -OWNED AUTOS ONLY AUTOS ONLY r $0 Deductible $ Iq X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 1,000,000 i AGGREGATE $ 1,000,000 A EXCESS LIAB CLAIMS -MADE 2023-09201 12/21/2023 12/21/2024 DED I I RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? N (Mandatory in NH) NIA 9255171-24 06/05/2024 06/05/2025 X PER STATUTE EORH $0 Deductible E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ A Social Service Professional Liability Improper Sexual Conduct Liability 2023-09201 12/21/2023 12/21/2024 $1,000,000/1,000,000 $3,000,000/1,000,000 Aggregate/Occurr A re ate/Occurr 99 9 $0 Deductible DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Santa Ana, its officers, officials, employees, and volunteers are included as Additional Insured per attached endorsement CG2026. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of The City of Santa Ana, its officers, officials, employees, and volunteers per attached endorsement NIAC E61. 30 day notice of cancellation with 10 day notice of cancellation for non-payment of premium per policy provision. See attached forms list. Waiver of Subrogation applies per attached endorsement NIAC E26. City of Santa Ana Risk Management Division 20 Civic Center Plaza Santa Ana SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT I _F Wu I RF nFl IVFRFn Ilu ACCORDANCE WITH THE POLICY PROI Risk Mwwgeme dDMsimt AUTHORIZED REPRESENTATIVE > '°i REVIEWED & APPROVED BY: CA 92702�', Risk Management Specialist ACORD 25 (2016/O39Ity Council The ACORD name and logo are regilgred Aibfks of ACORD EXHIBIT 1 POLICY NUMBER: 2023-09201 COMMERCIAL GENERAL LIABILITY CG20261219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART !*01: 1411114 4 I Name Of Additional Insured Person(s) Or Organization(s): ' Any person or organization that you are required to add as an additional insured on this policy, under a written contract or agreement currently in effect, or becoming effective during the term of this policy. The additional insured status will not be afforded with respect to liability arising out of or related to your activities as a real estate manager for that person or organization. Information required to complete this Schedule, if not shown above, will be shown in the A. Section II —Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG20261219 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 3, z REVIEWED & APPROVED BY. Risk Management Specialist City Council 12 — 81 EXHIBIT 1 NONPROFITS INSURANCE ALLIANCE OF CALIFORNIA A Head for Insurance. A Heart for Nonprofits. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SOCIAL SERVICE PROFESSIONAL LIABILITY COVERAGE FORM SCHEDULE Name of Person or Organization: Where you are so required in a written contract or agreement currently in effect or becoming effective during the term of this policy, we waive any right of recovery we may have against that person or organization, who may be named in the schedule above, because of payments we make for injury or damage. Policy Number: 2023-09201 RiskMvwgvn&dDMsiml 3, z REVIEWED & APPROVED BY. R ACC4/44 Risk Management Specialist 12-82 Community Development Agency www.santa-ana.org/community-development Item # 13 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Downtown Business Improvements Initiative AGENDA TITLE Agreement with the U.S. Department of Housing and Urban Development (HUD) and Appropriation Adjustment to Recognize $2,500,000 in Grant Funds for the Downtown Business Improvements Initiative Project RECOMMENDED ACTION 1. Authorize the City Manager to execute the grant agreement with the U.S. Department of Housing and Urban Development (HUD). 2. Approve an appropriation adjustment to recognize $2,500,000 from the US Department of Housing and Urban Development for the Downtown Business Improvement Initiatives Project into Federal Grant revenue account (no. 41818002- 52001 Federal Grant -Direct) and appropriate the same amount into expenditure accounts (no. 41818834-62300 Contract Services — Professional and 418834-61000 Salaries Regular). (Requires five affirmative votes) GOVERNMENT CODE 04308 APPLIES: Yes DISCUSSION In the Consolidated Appropriations Act of 2023 (Public Law 117-328), Congress allocated more than $2.9 million in funding for grants designated for Economic Development Initiatives in the nation (EDI). The distribution of these awards falls under the purview of the Department of Housing and Urban Development (HUD) within the Office of Community Planning and Development. In 2022, the City of Santa Ana (City) applied to the District 46 Congressman Luis Correa's Office to request an earmark grant to fund the Downtown Business Improvement Initiative. Fortunately, the City received a $2,500,000 grant for its Downtown Business Improvements Initiative. The grant will fund two significant infrastructure projects. The first project involves implementing a downtown wireless solution, combining Wi-Fi networks to enhance coverage and services across the area. This technological improvement will improve connectivity for visitors, residents, and businesses, while promoting economic development, enhancing public services, and provide an overall social and community benefit. City Council 13 — 1 8/6/2024 Downtown Business Improvements Initiative August 6, 2024 Page 2 The second project focuses on enhancing City -owned parking structures by upgrading lighting, signage, elevators, security cameras, and accessibility features. Improving the aesthetics and functionality of the structures will yield a safer environment, increased utilization and revenue, serve as a boost to local businesses, and provide some energy efficient cost savings. To attract and retain patrons to shop and dine in the downtown area, critical infrastructure improvements to the downtown parking structures are urgently needed. Since being built in the 1980s, all three of the downtown parking structures continue to operate with the parking equipment from 2018 and need major upgrades. The equipment is becoming more expensive to maintain, resulting in inefficiencies and maintenance downtime. With the support of this grant, these upgrades include refurbishing and repairing elevators, installing security cameras in all parking structure levels to provide much needed surveillance and safety, improved lighting on each level of each parking structure to provide safety for visitors and businesses, the addition of anti -vandalism covers to light fixtures and the re-routing of electrical wires away from easy access, the improvement of ADA access with rails, ground striping, and new upgraded pay stations with current technology. The second component of the initiative includes improvements to the overall Wi-Fi, internet, access, and/or fiber infrastructure improvements throughout the downtown area. Providing faster Wi-Fi infrastructure would benefit business owners, residents, and vistors, which ultimately enhances economic development efforts. The Community Development Agency (CDA), in collaboration with the Public Works Agency and Information Technology Department (IT), will procure the appropriate contractors/consultants in compliance with grant regulations to develop design plans, obtain necessary permits, and complete the infrastructure improvements as indicated in the grant agreement. CDA will oversee the project, prepare the necessary grant reports, and coordinate with the Department of Housing and Urban Development (HUD) to ensure project completion by Fall 2027, while acknowledging Congressman Luis Correa's Office for its support of local businesses in Santa Ana. FISCAL IMPACT Approval of the appropriation adjustment will recognize a total of $2,500,000 in Federal Grant funds to revenue account (41818002-52001 Federal Grant -Direct) and appropriate same to the following expenditure accounts. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to FY 2025-26. The grant agreement allows up to 10% or $250,000 to be used for indirect and administrative costs. City Council 13 — 2 8/6/2024 Downtown Business Improvements Initiative August 6, 2024 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account Description Account Description 41818834- CDA Capital Downtown Business FY 24-25 62300 Projects Improvements, Contract 950,000 Services - Professional FY 24-25 41818834- CDA Capital Salaries - Regular 50,000 61000 Projects 41818834- CDA Capital Downtown Business FY 25-26 62300 Projects Improvements, Contract 875,000 Services - Professional FY 25-26 41818834- CDA Capital Salaries - Regular 125,000 61000 Projects 41818834- CDA Capital Downtown Business FY 26-27 62300 Projects Improvements, Contract 425,000 Services - Professional FY 26-27 41818834- CDA Capital Salaries - Regular 75,000 61000 Projects Total Expenditures $2,500,000 EXHIBIT(S) 1. Agreement Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, Acting City Manager City Council 13 — 3 8/6/2024 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 Grantee Name: City of Santa Ana ' Grantee Address: 20 Civic Center Plaza Santa Ana, CA 92701 Grantee's Unique Entity Identifier (UEI): Grantee's Employer Identification Number (EIN) Federal Award Identification Number (FAIN) B-23-CP-CA-0109 Assistance Listing Number and Name 14.251 Economic Development Initiative, Community Project Funding, and Miscellaneous Grants Period of Performance/Budget Period Start Date Date of grant obligation Period of Performance/Budget Period End Date August 31., 2031 This Grant Agreement between the Department of Housing and Urban Development (HUD) and City of Santa Ana (the Grantee) is made pursuant to the authority of the Consolidated Appropriations Act, 2023 (Public Law 117-328) and the Explanatory Statement for Division L of that Act, which was printed in the Senate section of the Congressional Record on December 20, 2022 (Explanatory Statement). In reliance upon and in consideration of the mutual representations and obligations under this Grant Agreement, HUD and the Grantee agree as follows: ARTICLE I. Definitions The definitions at 2 CFR 200.1 apply to this Grant Agreement, except where this Grant Agreement specifically states otherwise. Budget period is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. Period of Performance is defined in 2 CFR 200.1 and begins and ends on the dates specified above for the Period of Performance/Budget Period Start Date and Period of Performance/Budget Period End Date. ARTICLE II. Total Grant Amount Subject to the provisions of the Grant Agreement, HUD will make grant funds in the amount of $2,500,000 available to the Grantee. ARTICLE III. Award -Specific Requirements A. Federal Award Description. The Grantee must use the Federal funds provided under this Grant Agreement (Grant Funds) to carry out the Grantee's "Project.". Unless changed in accordance with Article III, section C of this Grant Agreement, the Grantee's Project shall be as described in the Project Narrative that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved Project Narrative as Appendix 1 to the Grant Agreement on the date that HUD signs this Grant Agreement. City Council 13 — 4 8/6/2024 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 B. Approved Budget. The Grantee must use the Grant Funds as provided by the Approved Budget. Unless changed in accordance with Article III, section C of this Grant Agreement, the Approved Budget shall be the line -item budget that is approved by HUD as of the date that HUD signs this Grant Agreement. For reference, HUD will attach this approved line -item budget as Appendix 2 to this Grant Agreement on the date that HUD signs this Grant Agreement. C. Project and Budget Changes. All changes to the Grantee's Project or Approved Budget must be made in accordance with 2 CFR 200.308 and this Grant Agreement. To request HUD's approval for a change in the Project or Approved Budget, the Grantee must submit a formal letter to the Director of HUD's Office of Economic Development - Congressional Grants Division through the assigned Grant Officer. The letter must be submitted by email to the assigned Grant Officer and must provide justification for the change. The email submitting the letter must also include a revised project narrative or revised line -item budget, as applicable, that includes the requested change. The Grantee is prohibited from making project or budget changes that would conflict with the Applicable Appropriations Act Conditions described in Article III, section D of this Grant Agreement. The assigned Grant Officer for this grant is provided in the Award Letter for this grant and found on HUD's website. The HUD Office of Economic Development — Congressional Grants Division will notify the Grantee in writing, by email, whether HUD approves or disapproves the change. Before the Grantee expends Grant Funds in accordance with any change approved by HUD or otherwise allowed by 2 CFR 200.308, the Grantee must update its grant information in Disaster Recovery Grant Reporting (DRGR) to reflect that change. D. Applicable Appropriations Act Conditions. The conditions that apply to the Grant Funds as provided by the Consolidated Appropriations Act, 2023 and the Explanatory Statement are hereby incorporated and made part of this Grant Agreement. In the event of a conflict between those conditions, the conditions provided by the Act will govern. The Grant Funds are not subject to the Community Development Block Grants regulations at 24 CFR part 570 or Title I of the Housing and Community Development Act of 1974. E. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. As authorized under 2 CFR 200.307(e)(2), program income may be treated as an addition to the Federal award, provided that the Grantee uses that income for allowable costs under this Grant Agreement. In accordance with 2 CFR 200.307(b), costs incidental to the generation of program income may be deducted from gross income to determine program income, provided these costs have not been charged to the grant. Any program income that cannot be expended on allowable costs under this Grant Agreement must be paid to HUD before closeout of the grant, unless otherwise specified by an applicable Federal statute. City Council 13 — 5 8/6/2024 Page 2 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 F. The Grantee must use the Grant Funds only for costs (including indirect costs) that meet the applicable requirements in 2 CFR part 200 (including appendices). The Grantee's indirect cost rate information is as provided in Appendix 3 to this Grant Agreement. Unless the Grantee is an Institution of Higher Education, the Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate during the Period of Performance, so that HUD can amend the Grant Agreement to reflect the change if necessary. Consistent with 2 CFR Part 200, Appendix III (C.7), if the Grantee is an Institution of Higher Education and has a negotiated rate in effect on the date this Grant Agreement is signed by HUD, the Grantee may use only that rate for its indirect costs during the Period of Performance. G. The Grantee must comply with any specific award conditions that HUD may attach to this Grant Agreement as provided by 2 CFR 200.208. If applicable, these conditions will be listed or added as Appendix 5 to this Grant Agreement. H. The Grantee is responsible for managing the Project and ensuring the proper use of the Grant Funds. The Grantee is also responsible for ensuring the completion of the Project, the grant closeout, and compliance with all applicable federal requirements. The Grantee may subaward all or a portion of its funds to one or more subrecipients, as identified in the Project Narrative (Appendix 1) or as may be approved by HUD in accordance with 2 CFR 200.308. All subawards made with funding under this Grant Agreement are subject to the subaward requirements under 2 CFR Part 200, including 2 CFR 200.332, and other requirements provided by this Grant Agreement. The Grantee is responsible for ensuring each subrecipient complies with all requirements under this Grant Agreement, including the general federal requirements in Article IV. A subaward may be made to a for -profit entity only if HUD expressly approves that subaward and the for -profit entity is made subject to the same Federal requirements that apply to all other subrecipients, including the requirements 2 CFR part 200 provides for a "non -Federal entity" that receives a subaward. ARTICLE IV. General Federal Requirements A. If the Grantee is a unit of general local government, a State, an Indian Tribe, or an Alaskan Native Village, the Grantee is the Responsible Entity (as defined in 24 CFR part 58) and agrees to assume all of the responsibilities for environmental review and decision - making and action, as specified and required in regulations issued by the Secretary pursuant to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 and published in 24 CFR Part 58. B. If the Grantee is a housing authority, redevelopment agency, academic institution, hospital or other non-profit organization, the Grantee shall request the unit of general local government, Indian Tribe or Alaskan Native Village, within which the Project is located and which exercises land use responsibility, to act as Responsible Entity and assume all of the responsibilities for environmental review and decision -making and action as specified in paragraph A above, and the Grantee shall carry out all of the responsibilities of a grantee under 24 CFR Part 58. City Council 13 — 6 8/6/2024 Page 3 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 C. After December 29, 2022, neither the Grantee nor any of its contractors, subrecipients and other funding and development partners may undertake, or commit or expend Grant Funds or local funds for, project activities (other than for planning, management, development and administration activities), unless a contract requiring those activities was already executed on or before December 29, 2022, until one of the following occurs: (i) the Responsible Entity has completed the environmental review procedures required by 24 CFR part 58, and HUD has approved the environmental certification and given a release of funds; (ii) the Responsible Entity has determined and documented in its environmental review record that the activities are exempt under 24 CFR 58.34 or are categorically excluded and not subject to compliance with environmental laws under 24 CFR 58.35(b); or (iii) HUD has performed an environmental review under 24 CFR part 50 and has notified Grantee in writing of environmental approval of the activities. D. Following completion of the environmental review process, the Grantee (recipient) shall exercise oversight, monitoring, and enforcement as necessary to assure that decisions and mitigation measures adopted through the environmental review process are carried out during project development and implementation. E. The Grantee must comply with the generally applicable HUD and. CPD requirements in 24 CFR Part 5, subpart A, including all applicable fair housing, and civil rights requirements. If the Grantee is a Tribe or a Tribally Designated Housing Entity (TDHE) as established under 24 CFR 1000.206, the Grantee must comply with the nondiscrimination requirements in 24 CFR 1000.12 in lieu of the nondiscrimination requirements in 24 CFR 5.105(a). The Grantee must report data on the race, color, religion, sex, national origin, age, disability, and family characteristics of persons and households who are applicants for, participants in, or beneficiaries or potential beneficiaries of the Grantee's Project, consistent with the instructions and forms provided by HUD in order to carry out its responsibilities under the Fair Housing Act, Executive Order 11063, Title VI of the Civil Rights Act of 1964, and Section 562 of the Housing and Community Development Act of 1987 (e.g. HUD-27061). F. The Grantee must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 CFR part 200, as may be amended from time to time. If 2 CFR part 200 is amended to replace or renumber sections of part 200 that are cited specifically in this Grant Agreement, the part 200 requirements as renumbered or replaced by the amendments will govern the obligations of HUD and the Grantee after those amendments become effective. G. The Grantee must comply with the Award Term in Appendix A to 2 CFR Part 25 ("System for Award Management and Universal Identifier Requirements") and the Award Term in Appendix A to 2 CFR Part 170 ("Reporting Subawards and Executive Compensation"), which are hereby incorporated into and made part of this Grant Agreement. H. If the Total Grant Amount, as provided in Article II of this Grant Agreement, is greater than $500,000, the Grantee must comply with the Award Term and Condition for Grantee Integrity and Performance Matters in Appendix 4 to this Grant Agreement. City Council 13 — 7 8/6/2024 Page 4 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 1. Unless the Grantee is exempt from the Byrd Amendment as explained below, the Grantee must comply with the provisions of Section 319 of Public Law 101-121, 31 U.S.C. 1352, (the Byrd Amendment) and 24 CFR Part 87, which prohibit recipients of Federal contracts, grants, or loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan, or cooperative agreement. The Grantee must include in its award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), the requirements for the certification required by Appendix A to 24 CFR Part 87 and for disclosure using Standard Form- LLL (SF-LLL), "Disclosure of Lobbying Activities." In addition, the Grantee must obtain the executed certification required by Appendix A and an SF-LLL from all covered persons. "Person" is as defined by 24 CFR Part 87. Federally recognized Indian tribes and TDHEs established by Federally recognized Indian tribes as a result of the exercise of the tribe's sovereign power are excluded from coverage of the Byrd Amendment. State -recognized Indian tribes and TDHEs established only under state law must comply with this requirement. J. The Grantee must comply with drug -free workplace requirements in Subpart B of 2 CFR Part 2429, which adopts the governmentwide implementation (2 CFR Part 182) of sections 5152-5158 of the Drug -Free Workplace Act of 1988, Pub. L. 100-690, Title V, Subtitle D (41 U.S.C. 701-707). K. The Grantee must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) as implemented by regulations at 49 CFR Part 24. The URA applies to acquisitions of real property and relocation occurring as a direct result of the acquisition, rehabilitation, or demolition of real property for Federal or Federally funded programs or projects. Real property acquisition that receives Federal financial assistance for a program or project, as defined in 49 CFR 24.2, must comply with the acquisition requirements contained in 49 CFR part 24, subpart B. Unless otherwise specified in law, the relocation requirements of the URA and its implementing regulations at 49 CFR part 24, cover any displaced person who moves from real property or moves personal property from real property as a direct result of acquisition, rehabilitation, or demolition for a program or project receiving HUD financial assistance L. If Grant Funds are used for purchase, lease, support services, operation, or work that may disturb painted surfaces, of pre- 1978 housing, you must comply with the lead -based paint evaluation and hazard reduction requirements of HUD's lead- based paint rules (Lead Disclosure; and Lead Safe Housing (24 CFR part 35)), and EPA's lead- based paint rules (e.g., Repair, Renovation and Painting; Pre -Renovation Education; and Lead Training and Certification (40 CFR part 745)). M. The Grantee must comply with Section 3 of the Housing and Urban Development Act of 1968 (Section 3), 12 U.S.C. 1701u, and HUD's regulations at 24 CFR part 75, as applicable, including the reporting requirements in 24 CFR 75.25. Grants made to Tribes and TDHEs are subject to Indian Preference requirements in Section 7(b) of the Indian Self - Determination and Education Assistance Act (25 U.S.C. 5307(b)). As stated in 24 CFR 75.3(c), grants to Tribes and TDHEs are subject to Indian Preference requirements in lieu of Section 3. Grantees that are not exempt from Section 3 must submit annual reports of Section 3 City Council 13 — 8 8/6/2024 Page 5 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 accomplishment Performance Measures in DRGR in January of the calendar year. This report reflects Section 3 accomplishments for the previous calendar year. N. The Grantee must not use any Grant Funds to support any Federal, state, or local project that seeks to use the power of eminent domain, unless eminent domain is employed only for a public use. Public use includes use of funds for mass transit, railroad, airport, seaport, or highway projects, and utility projects which benefit or serve the general public (including energy -related, communication -related, water -related, and waste water -related infrastructure), other structures designated for use by the general public or with other common -carrier or public -utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfields, as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Pub. L. 107- 118). Public use does not include economic development that primarily benefits private entities. O. The Grantee must not use any Grant Funds to maintain or establish a computer network that does not block the viewing, downloading, and exchanging of pornography. This requirement does not limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. P. The Grantee must administer its Grant Funds in accordance with the Conflict of Interest requirements set forth in Appendix 6 of this Grant Agreement. Q. The Grantee must comply with the governmentwide debarment and suspension requirements in 2 CFR part 180 as incorporated and supplemented by HUD's regulations at 2 CFR part 2424. R. The Grantee must comply with the award term and condition regarding trafficking in persons in Appendix 7 of this Grant Agreement. S. The assurances and certifications the Grantee has made and submitted to HUD are incorporated by this reference and made part of this Grant Agreement. ARTICLE V. Drawdown Requirements A. The Grantee may not draw down Grant Funds until HUD has received and approved any certifications and disclosures required by 24 CFR 87.100 concerning lobbying, if applicable. B. The Grantee must use HUD's Disaster Recovery Grant Reporting (DRGR) system to draw down Grant Funds and report to HUD on activities. C. The Grantee must enter activity and budget information in DRGR that is consistent with the Grantee's Project and Approved Budget as described in Article III, sections A and B of this Grant Agreement and complies with HUD's instructions for entering information in DRGR found in the document titled "Grant Award Instructions" that accompanies the Grant Agreement. City Council 13 — 9 8/6/2024 Page 6 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 D. The Grantee must only enter activities in DRGR that are described in the Approved Budget. E. The Grantee must expend all Grant Funds in accordance with the activity and budget information in DRGR. F. Each drawdown of Grant Funds constitutes a representation by the Grantee that the funds will be used in accordance with this Grant Agreement. G. The Grantee must use DRGR to track the use of program income and must report the receipt and use of program income in the reports the Grantee submits to HUD under Article VI of this Grant Agreement. The Grantee must expend program income before drawing down Grant Funds through DRGR. H. Notwithstanding any other provision of this grant agreement, HUD will not be responsible for payment of any Grant Funds after the date Treasury closes the account in accordance with 31 U.S.C. § 1552. Because Treasury may close the account up to one week before the September 30 date specified by 31 U.S.C. § 1552, the Grantee is advised to make its final request for payment under the grant no later than September 15, 2031. ARTICLE VI. Program -Specific Reporting Requirements In addition to the general reporting requirements that apply under other provisions of this Agreement, the following program -specific reporting requirements apply to the Grantee: A. The Grantee must submit a performance report in DRGR on a semi-annual basis and must include a completed Federal financial report as an attachment to each performance report in DRGR. Performance reports shall consist of a narrative of work accomplished during the reporting period. During the Period of Performance, the Grantee must submit these reports in DRGR no later than 30 calendar days after the end of the 6- month reporting period. The first of these reporting periods begins on the first of January or June (whichever occurs first) after the date this Grant Agreement is signed by HUD. B. The performance report must contain the information required for reporting program performance under 2 CFR 200.329(c)(2) and (d), including a comparison of actual accomplishments to the objectives of the Project as described in Article III, section A of this Grant Agreement, the reasons why established goals were not met, if appropriate, and additional pertinent information including, when appropriate, analysis and explanation of cost overruns or high unit costs. C. Financial reports must be submitted using DRGR or such future collections HUD may require and as approved by OMB and listed on the Grants. gov website (https://www. rants.gov/web/grants/forms/post-award-reporting?-forms.html). City Council 13 — 10 8/6/2024 Page 7 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 D. The performance and financial reports will undergo review and approval by HUD. If a report submission is insufficient, HUD will reject the report in DRGR and identify the corrections the Grantee must make. E. No drawdown of funds will be allowed through DRGR while the Grantee has an overdue performance or financial report. F. The Grantee must report and account for all property acquired or improved with Grant Funds as provided by 2 CFR part 200 using the applicable common forms approved by OMB and provided on the Grants.gov website (htt2s://www. rg a�gov/web/grants/forms/post-award-reporting-forms.html). This reporting obligation includes submitting status reports on real property at least annually as provided by 2 CFR 200.330, accounting for real and personal property acquired or improved with Grant Funds as part of Project Closeout, and promptly submitting requests for disposition instructions as provided by 2 CFR 200.311(c), 200.313(e), and 200.314(a). ARTICLE VII. Project Closeout A. The grant will be closed out in accordance with 2 CFR part 200, as may be amended from time to time, except as otherwise specified in this Grant Agreement. B. The Grantee must submit to HUD a written request to closeout the grant no later than 30 calendar days after the Grantee has drawn down all Grant Funds and completed the Project as described in Article III, section A of this Grant Agreement. HUD will then send the Closeout Agreement and Closeout Certification to the Grantee. C. At HUD's option, the Grantee may delay initiation of project closeout until the resolution of any findings as a result of the review of semi-annual activity reports in DRGR. If HUD exercises this option, the Grantee must promptly resolve the findings. D. The Grantee recognizes that the closeout process may entail a review by HUD to determine compliance with the Grant Agreement by the Grantee and all participating parties. The Grantee agrees to cooperate with any HUD review, including reasonable requests for on -site inspection of property acquired or improved with Grant Funds. E. No later than 120 calendar days after the Period of Performance, Grantees shall provide to HUD the following documentation: 1. A Certification of Project Completion. 2. A Grant Closeout Agreement. 3. A final financial report giving the amount and types of project costs charged to the grant (that meet the allowability and allocability City Council 13 —11 8/6/2024 f gat � S DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 requirements of 2 CFR part 200, subpart E); a certification of the costs; and the amounts and sources of other project funds. 4. A final performance report providing a comparison of actual accomplishments with the objectives of the Project, the reasons for slippage if established objectives were not met and additional pertinent information including explanation of significant cost overruns. 5. A final property report, if specifically requested by HUD at the time of closeout. ARTICLE VIII. Default A default under this Grant Agreement shall consist of any use of Grant Funds for a purpose other than as authorized by this Grant Agreement, any noncompliance with statutory, regulatory, or other requirements applicable to the Grant Funds, any other material breach of this Grant Agreement, or any material misrepresentation in the Grantee's submissions to HUD in anticipation of this award. If the Grantee fails to comply with the terms and conditions of the Grant Agreement, HUD may adjust specific conditions of this Grant Agreement as described in 2 CFR part 200, as may be amended from time to time. If HUD determines that noncompliance cannot be remedied by imposing additional conditions, HUD may take one or more of the remedies for noncompliance described in 2 CFR part 200, as may be amended from time to time. HUD may also terminate all or a part of this award as provided by 2 CFR 200.340 and other applicable provisions of 2 CFR part 200, as may be amended from time to time. Nothing in this Grant Agreement shall be construed as creating or justifying any claim against the Federal government or the Grantee by any third party. City Council 13 — 12 8/6/2024 Page 9 U0(;:51gnLnve:lupf lIU!AFJ31 L:4b4U41!3! EXHIBIT 1 i FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-01-CA-0109 ARTICLE IX. HUD Contact information Except where this Grant Agreement specifically states otherwise, all requests, su bmissions, and reports the Grantee is required to make to HUD under this Grant Agreement must be made in writing via ernail to CPFGrantsohud.gov. This agreement is hereby executed on behalf of the T ntee and HUD as follows: GRANTEE City of Santa Ana Michael Garcia, Executive Director, Community Development Agency M. (Signature of Authorized Official) Alvaro Nunez, Acting City Manager (Typed Name and Title of Authorized Official) (Date) Signed by: Ft4u� 61 IV Signer Name: Nadab Bynum HUD Signing Reason: I approve this document Signing Time: 3/2/2024 i 2:37:49 PM PST BY: LE2D3812AD32C4634A8790679ECE59BEE Nadab Bynum, Acling Assistant Deputy Secretary of 'Economic Development (Date) APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: ,� Andrea Garcia-Mii!er Assistant City Attorney City Council 13 — 13 8/6/2024 Page 10 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 Community Project Funding Grant Agreement No. B-23-CP-CA0109 Appendices 1- Project Narrative Purpose: The purpose of the Downtown Business Improvement Initiative (project name) of $2,500,000 is to boost economic development and activity in Downtown Santa Ana with improvements to two major infrastructure areas as described below. 1. Downtown Wireless Network Improvements Improvements to the overall Wi-Fi, internet, access, and/or fiber infrastructure improvements throughout the downtown area. Wireless component using hybrid meshed Wi-Fi and CBRS network that would involve the installation of dedicated wireless network throughout the City's Downtown area. Utilize 20 meshed access points (Aps) covering the streets, plus support for in -building coverage and services. Economic Opportunity Activity Performance Measures: ✓ Wi-Fi infrastructure improvements for visitors and merchants ✓ Faster Wi-Fi accessibility ✓ Improved internet access for businesses ✓ Increase and retain visitors ✓ Economic development & attraction 2. Downtown Parking Facilities Improvements Upgrades, repairs, or improvements to the City's current downtown parking facilities, which would the following: • elevators • lighting • signage, painting, directional • security cameras • ADA access • place -making space and/or landscape improvements Economic Opportunity Activity Performance Measures: ✓ Increase in visitor attraction ✓ Economic development & attraction ✓ Accessibility for ADA ✓ Safe facility with lighting ✓ Provide safe place -making for people of all ages as visitor attraction HUD/C&"6MM flD/Narrative 13 — 14 8/6/ 14i DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 APPENDIX 2 — Approved Budget The approved narrative has been appended to the end of the grant agreement. City Council 13 — 15 8/6/2024 Page 12 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 APPENDIX 3 — Grantee's Indirect Cost Rate Information Subject to the applicable requirements in 2 CFR part 200 (including its appendices), the Grantee will use an indirect cost rate as represented by the Grantee below: The Grantee will not use an indirect cost rate to charge its indirect costs to the grant. ® The Grantee will use the indirect cost rate(s) identified in the table below to charge its indirect costs to the grant. Agency/Dept./Major Function Indirect cost rate Direct Cost Base City of Santa Ana, Community Development Agency 10 % [PLEASE NOTE: The grantee must check one of the two boxes above. If the second box is checked, the corresponding table must be filled out as described below. The table must include each indirect cost rate that will be used to calculate the Grantee's indirect costs under the grant. The table must also specify the type of direct cost base to which each included rate applies (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rate information for subrecipients. For government entities, enter each agency or department that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR 200.414), and the type of direct cost base to which the rate will be applied. For nonprofit organizations that use the Simplified Allocation Method for indirect costs or elects to use the de minimis rate of 10% of Modified Total Direct Costs in accordance with 2 CFR 200.414, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. For nonprofit organizations that use the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied.] City Council 13 — 16 8/6/2024 Page 13 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 APPENDIX 4 — Award Term and Condition for Grantee Integrity and Performance Matters Reporting of Matters Related to Grantee Integrity and Performance 1. General Reporting Requirement If the total value of the Grantee's currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then during that period of time the Grantee must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. 2. Proceedings About Which Grantee Must Report During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must submit the information required about each proceeding that: a. Is in connection with the award or performance of a grant, cooperative agreement, or procurement contract from the Federal Government; b. Reached its final disposition during the most recent five-year period; and c. Is one of the following: (1) A criminal proceeding that resulted in a conviction, as defined in paragraph 5 of this award term and condition; (2) A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more; (3) An administrative proceeding, as defined in paragraph 5. of this award term and condition, that resulted in a finding of fault and liability and the Grantee's payment of either a monetary fine or penalty of $5,000 or more or reimbursement, restitution, or damages in excess of $100,000; or (4) Any other criminal, civil, or administrative proceeding if- (i) It could have led to an outcome described in paragraph 2.c.(1), (2), or (3) of this award term and condition; City Council 13 — 17 8/6/2024 Page 14 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 (ii) It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on the Grantee's part; and (iii) The requirement in this award term and condition to disclose information about the proceeding does not conflict with applicable laws and regulations. 3. Reporting Procedures During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph 2 of this award term and condition. The Grantee does not need to submit the information a second time under assistance awards that the Grantee received if the Grantee already provided the information through SAM because the Grantee was required to do so under Federal procurement contracts that the Grantee was awarded. 4. Reporting Frequency During any period of time when the Grantee is subject to the requirement in paragraph 1 of this award term and condition, the Grantee must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that the Grantee has not reported previously or affirm that there is no new information to report. If the Grantee has Federal contract, grant, and cooperative agreement awards with a cumulative total value greater than $10,000,000, the Grantee must disclose semiannually any information about the criminal, civil, and administrative proceedings. 5. Definitions For purposes of this award term and condition: a. Administrative proceeding means a non judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include audits, site visits, corrective plans, or inspection of deliverables. b. Conviction, for purposes of this award term and condition, means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. c. Total value of currently active grants, cooperative agreements, and procurement contracts includes— (1) Only the Federal share of the funding under any Federal award with a cost share or match requirement; and (2) The value of all expected funding increments under a Federal award and options, even if not yet exercised. City Council 13 — 18 8/6/2024 Page 15 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 APPENDIX 5 — Specific Award Conditions NONE. City Council 13 — 19 8/6/2024 Page 16 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 APPENDIX 6 — Conflict of Interest Requirements 1. Conflicts Subject to Procurement Regulations. When procuring property or services, the grantee and its subrecipients shall comply with the applicable conflict -of -interest rules in 2 CFR 200.317 and 2 CFR 200.318(c). In all cases not governed by 2 CFR 200.317 and 2 CFR 200.318(c), the Grantee and its subrecipients must follow the requirements contained in paragraphs 2-5 below. 2. General prohibition. No person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee or subrecipient and who exercises or has exercised any functions or responsibilities with respect to assisted activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has immediate family or business ties, during his or her tenure or for one year thereafter. Immediate family ties include (whether by blood, marriage or adoption) the spouse, parent (including a stepparent), child (including a stepchild), sibling (including a stepsibling), grandparent, grandchild, and in-laws of a covered person. 3. Exceptions. HUD may grant an exception to the general prohibition in paragraph (ii) upon the Grantee's written request and satisfaction of the threshold requirements in paragraph (iv), if HUD determines the exception will further the Federal purpose of the award and the effective and efficient administration of the Grantee's Project, taking into account the cumulative effects of the factors in paragraph (v). 4. Threshold requirements for exceptions. HUD will consider an exception only after the Grantee has provided the following documentation: a. A disclosure of the nature of the conflict, accompanied by an assurance that there has been public disclosure of the conflict and a description of how that disclosure was made; and b. An opinion of the Grantee's attorney that the interest for which the exception is sought would not violate state or local law. 5. Factors to be considered for exceptions. In determining whether to grant a requested exception after the Grantee has satisfactorily met the threshold requirements in paragraph (iii), HUD will consider the cumulative effect of the following factors, where applicable: a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the program or project that would otherwise not be available; b. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low- or moderate - income persons intended to be the beneficiaries of the assisted activity, and the exception City Council 13 — 20 8/6/2024 Page 17 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 will permit such person to receive generally the same interests or benefits as are being made available or provided to the group or class; d. Whether the affected person has withdrawn from his or her functions or responsibilities, or the decision -making process regarding the assisted activity in question; e. Whether the interest or benefit was present before the affected person was in a position as described in paragraph (ii); f. Whether undue hardship will result either to the Grantee or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and g. Any other relevant considerations. 6. Disclosure of potential conflicts of interest. The Grantee must disclose in writing to HUD any potential conflict of interest. City Council 13 — 21 8/6/2024 Page 18 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 APPENDIX 7 — Award Term and Condition Regarding Trafficking in Persons The following award term and condition, which is required by 2 CFR part 175, applies as written: a. Provisions applicable to a grantee that is a private entity. 1.You as the grantee, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2.We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity: i. Is determined to have violated a prohibition in paragraph a.l of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.l of this award term through conduct that is either — A. Associated with performance under this award; or B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by HUD at 2 CFR 2424. b. Provision applicable to a grantee other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity- 1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either: City Council 13 — 22 8/6/2024 Page 19 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by HUD at 2 CFR 2424. c. Provisions applicable to any grantee. 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.l of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a. l of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1."Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third parry as an in -kind contribution toward cost sharing or matching requirements. 2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. City Council 13 — 23 8/6/2024 Page 20 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 COMMUNITY PROJECT FUNDING GRANT AGREEMENT NO. B-23-CP-CA-0109 3. "Private entity": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. ii. Includes: A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). B. A for -profit organization. 4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). City Council 13 — 24 8/6/2024 Page 21 DocuSign Envelope ID: AF33FDOA-51 BO-4F2D-BCCA-CF1 E46404197 EXHIBIT 1 FY 2023 Community Project Funding Grant Agreement No. B-23-CP-CA0109 Appendices 2 — Approved Budget 1. DOWNTOWN WIRELESS NETWORK IMPROVEMENTS Amount Indirect Cost/Administrative Cost 10% $150,000 Wireless Access Points (APs) $50,000 Labor to install APs $20,000 1 OONTs for fiber feeds $5,000 Modify 1- drops for feeds $20,000 CBRS CPE $70,000 EPC Access Fee Per CPE $20,000 CBRS CPE Installation $80,000 Wireless Engineering, Project $50,000 Fiber Construction $720,000 Fiber Engineering, Project & Construction Management $145,000 Contingency $170,000 Sub -Total $1,500,000 2. DOWNTOWN PARKING FACILITIES IMPROVEMENTS Amount Indirect Cost/Administrative Cost 10% $100,000 Elevator Improvements $400,000 Lighting Improvements $100,000 Fagade/Signage Improvements $50,000 Automated Equipment $100,000 Professional Consultant Services $50,000 Project Management Staff $50,000 Place -making space and/or landscape improvements $50,000 Contingency $100,000 Sub -Total $1,000,000 GRAND TOTAL FOR BOTH PROJECTS $2,500,000 HUD/COSA/DTSA 2023Budget Page 12 City Council 13 — 25 8/6/2024 City Managers Office www.santa-ana.org/city-managers-office/ Item # 14 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Digital Marquees AGENDA TITLE Award an Agreement with Outdoor Dimensions, LLC for Digital Marquees (Non -General Fund) (Revive Santa Ana) RECOMMENDED ACTION 1. Authorize the City Manager to execute an agreement with Outdoor Dimensions, LLC to build and install digital marquees at six (6) properties across the city for a one-year term in a total aggregate amount not to exceed $1,859,909 subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction (Agreement No. A-2024-XXX). 2. Approve an amendment to the Fiscal Year 2023-24 Capital Improvement Program to include $1,859,909 of funding from the American Rescue Plan Act for Digital Marquees Project (No. 22-1306). 3. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER-2024-47, ER-2024-48, ER-2024-49, ER-2024- 50, ER-2024-51, and ER-2024-52 were filed for this project. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Staff presented this project for approval at the May 21, 2024, City Council meeting. At that meeting, City Council provided direction to staff to do community outreach and inform residents who live within 1,000 feet of each proposed marquee location about the project. Staff conducted outreach by mailing postcards in English, Spanish, and Vietnamese to 1,458 residential addresses that included information about the project and inviting residents to scheduled community meetings; holding a community meeting for each proposed marquee location; and attending neighborhood association meetings and events. Staff received positive feedback about the proposed digital marquees from the public and is now requesting the City Council's approval of the project. City Council 14 — 1 8/6/2024 Digital Marquees August 6, 2024 Page 2 On July 11, 2023, the City issued a Request for Proposals (RFP) to provide and install digital marquees at up to six locations across Santa Ana. This project was identified as Expansion of Critical Communications under the City's Revive Santa Ana pandemic recovery program funded by the federal American Rescue Plan Act (ARPA) of 2021. The City conducted a survey about the use of this federal funding in mid-2021, in which 44% of survey respondents indicated digital message signs would be the best way for the City to communicate with residents. The project aims to deliver important messages to our residents and other stakeholders about government resources and assistance, health and safety information, City events and programs, and other news and public services announcements that may benefit the community. Bid Results Summary Rank Bidders Name Location Base Bid 1 Outdoor Anaheim $1,420,619.09 Dimensions LLC NR Encore Image, Ontario Non - Inc. Responsive The RFP was advertised on the City's online bid management and publication system, with bids due on August 11, 2023 (Exhibit 2). Eight (8) bidders participated in a site walk, and two (2) organizations submitted responses, Outdoor Dimensions, LLC and Encore Image, Inc. Only Outdoor Dimensions, LLC's proposal was deemed responsive (Exhibit 3). Under the RFP, bidders were required to provide marquee design options. The selected bidder is Outdoor Dimensions LLC, located in Anaheim. Under the agreement, the scope of services includes: source the digital marquee displays and structures; construction/installation of structure, including all necessary excavation, electrical connection, concrete work, and landscaping; additional geotechnical services, if needed; traffic control, wherever applicable; installation of screen. Project Details Currently, the City owns a single digital marquee at Santa Ana Stadium, which was already upgraded as part of this project. Staff has identified six locations for additional digital marquees, with one alternate location (Exhibit 12). These marquee locations were selected by a cross -departmental team, including the City Manager's Office; Parks, Recreation, and Community Services Agency; and Public Works Agency, following significant research, site walks, and engineering consultation. All but one marquee location is in a City park. The locations were chosen based on their distribution throughout the city (factoring in the existing marquee at Santa Ana Stadium), placement near entrances of popular or well -used City parks or publicly visible sites, an analysis of City Council 14 — 2 8/6/2024 Digital Marquees August 6, 2024 Page 3 average daily traffic volume on nearby streets (Exhibit 13), and their feasibility for construction and connection to the necessary electrical power supply. The six locations and one alternate site are: • Centennial Park, 3000 W. Edinger Ave. • Thornton Park, 1801 W. Segerstrom Ave. • Jerome Park, 2115 W. McFadden Ave. • Delhi Park, 2314 S. Halladay St. • Rosita Park, 706 N. Newhope St. • Bowers Museum south parking lot, 1910 N. Main St. o Santiago Park (alternate location to Bowers and Rosita), 2535 N. Main St. The Bowers Museum location is the preferred site in that area of town for its visibility and placement near an important City asset (Bowers). The City would allow Bowers to share information about its events and programs on the marquee. This location is pending an agreement with Bowers to place the marquee on their parking lot. An alternate location is nearby at Santiago Park. Due to budgetary constraints and to ensure the marquees are widely distributed around the community, should the marquee at Bowers not move forward, the City will prioritize the installation of a more costly double -sided marquee at Santiago Park and will forgo the marquee at Rosita Park. Content selection and placement on the digital marquees will be overseen by the City Manager's Office and/or other City departments as determined by the City Manager. The digital marquees are not intended for commercial advertising purposes. The screens have 64 levels of display dimming that can be applied automatically, manually, or as scheduled by staff. Additionally, each screen has a light sensor, allowing it to automatically adjust the brightness according to display direction and lighting conditions. Communitv Outreach Staff attended three neighborhood meetings and events in areas surrounding the potential signs and hosted six community meetings near each sign location. The City mailed postcards in English, Spanish, and Vietnamese to 1,458 residential addresses within 1,000 feet of each potential digital marquee to notify them of the planned project and to invite them to the community meetings to learn more. The City received positive feedback about the digital marquees from attendees at the community and neighborhoods meetings. Staff answered questions about the type of content that would be placed on the marquees, the brightness levels of the screens at night, and other details. No resident voiced opposition to the project. Project Delivery To deliver a complete project, in addition to the contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management, City Council 14 — 3 8/6/2024 Digital Marquees August 6, 2024 Page 4 implementation of the City's Community Workforce Agreement requirements, inspection of the Contractor's work to ensure contract compliance, workmanship, and quality, and materials testing. As indicated in the Cost Analysis table below, the estimated total construction delivery cost of the project is $1,859,908.58. Project Item Total Contractor $1,668,098.71 Agreement Construction $25,000 Testing Project $166,809.87 Contingencies TOTAL $1,859,908.58 CONSTRUCTION DELIVERY COST The estimated timeline for completion of all six digital marquees is 12 months, in addition to approximately one month of site survey and other preparation before beginning construction. A single marquee will be completed approximately every two months during a phased construction schedule. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review Nos. ER- 2024-47, ER-2024-48, ER-2024-49, ER-2024-50, ER-2024-51, and ER 2042-52 were filed for this project. FISCAL IMPACT The total estimated construction delivery cost is $1,859,098.58, which includes construction testing, and an authorized contingency. The proposed contract enables staff to authorize a construction cost increase of up to 25% if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, then staff will return to the City Council with a project update and recommendations. Subject to City Council approval in September, the budget allocation for this project will be carried over from FY 2023-24 to be available for expenditure in FY 2024-25. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carry-overs to FY 2025-26. City Council 14 — 4 8/6/2024 Digital Marquees August 6, 2024 Page 5 Fiscal Accounting Fund Accounting Amount Year Unit/Account Description Unit/Account No. (Project No. No.) Description 24-25 18103013- American ARPA-CMO $1,859,908.58 66220 (221306) Rescue Plan Improvements Act Other Than Buildings Total 1 $1,859,908.58 EXHIBIT(S) 1. Agreement Outdoor Dimensions — Digital Billboards 2. Digital Marquee RFP and Addenda 3. Proposal -Option A Bowers Museum 3. Outdoor Dimensions Proposal 4. Entity Information 5. Proposal Attachment G 6. Proposal Attachments 7. Proposal City of Santa Ana Designs 8. Proposal City of Santa Ana Marquee 9. Cost of Proposal and Certifications 10. Proposal- Option B Santiago Double Faced 11. Proposal -Statement of Qualifications- Outdoor Dimensions 12. Marquee Locations and Wards 13. Marquee Parks, Directions, Traffic Data 14. CIP Worksheet Submitted By: Paul Eakins, Public Affairs Information Officer Approved By: Alvaro Nunez, Acting City Manager City Council 14 — 5 8/6/2024 AGREEMENT WITH OUTDOOR DIMENSIONS, LLC TO BUILD AND INSTALL DIGITAL MARQUEES THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by and between Outdoor Dimensions, LLC, a Delaware limited liability company, ("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 11, 2023, the City issued Request for Proposal 923-099A ("RFP") seeking qualified contractors to provide and install digital marquees at six (6) locations across the City ("Project"). The Project is part of the Revive Santa Ana program and the Expansion of Critical Communications Project which aims to deliver important messages to our residents across the City in the most effective ways possible. As such, the City sought proposals to contract with a firm to source and install digital marquees at five (5) high - traffic areas in the City upon which vital communications will be shared with the Santa Ana community. B. Contractor was the sole responsive vendor to submit a proposal and represents that it is able and willing to provide such services to the City. Contractor's proposal to the RFP shall be incorporated by reference as though fully attached hereto the Agreement. 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES a. Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described in Exhibit A and Exhibit B, attached hereto and incorporated by reference, at the locations detailed below. b. Consultant and City shall agree upon, in writing, as to the selection and commencement of services for each location, listed below. Consultant shall bond each site individually upon confirmation of site selection by the parties. • Rosita Park, 706 N. Newhope St. • Centennial Park, 3000 W. Edinger Ave. • Thornton Park, 1801 W. Segerstrom Ave. • Jerome Park, 2115 W. McFadden Ave. Page 1 of 12 City Council 14 — 6 8/6/2024 Delhi Park, 2314 S. Halladay St. Bowers Museum south parking lot, 1910 N. Main St. Santiago Park, 2535 N. Main St. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in either quote "QT028167" or quote "QT028169" attached hereto as Exhibit C and Exhibit D, respectively, and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. Costs are contingent upon confirmation of the final location, as detailed in Section Lb and c, above. The total amount to be expended during the term of this Agreement shall not exceed the amount of $1,668,098.71. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Contractor agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Contractor's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a one (1) year term with the option for the City to grant up to a one (1) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an Page 2 of 12 City Council 14 — 7 8/6/2024 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. 7. INSURANCE Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limitno less than $1,000,000 per accident for bodily injury and property damage. Page 3 of 12 City Council 14 — 8 8/6/2024 Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if notavailable, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 2037 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 0104 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers,officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require Page 4 of 12 City Council 14 — 9 8/6/2024 the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the Entity. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: • The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredbythis clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Page 5 of 12 City Council 14 — 10 8/6/2024 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.81 to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such Page 6 of 12 City Council 14 —11 8/6/2024 information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parry, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Page 7 of 12 City Council 14 — 12 8/6/2024 Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 8 of 12 City Council 14 — 13 8/6/2024 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: City Manager City of Santa Ana 20 Civic Center Plaza (M-31) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Outdoor Dimensions, LLC Attn: Danielle Purcell, Account Executive 5325 East Hunter Ave. Anaheim, CA 92807 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. FUNDING -RELATED PROVISIONS 21.1 The City will be using funds made available to it by the American Rescue Plan Act of 2021 ("ARPA") to pay this amount, and that Grantee will be responsible for abiding by the rules and regulations associated with said funding. 21.2 ARPA was signed into law in March 2021. ARPA authorizes the United States Page 9 of 12 City Council 14 — 14 8/6/2024 Department of Treasury ("Treasury") to provide funding for a number of different programs, including the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency. The City has determined that this Agreement is a permissible use of CSLFRF funds. 21.3 As applicable, Grantee shall comply with all federal requirements including, but not limited to, the following: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of ARPA; b. Treasury Final Rule for ARPA, available at hgps://www. ovg info.gov/content/pkg/FR-2022-01-27/pdf/2022-00292.pdf; C. Treasury Compliance and Reporting Guidance for ARPA, available at hgps://home.treasM.gov/system/riles/ 136/SLFRF-Compliance-and-Reporting- Guidance.pdf, d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the Treasury; and e. Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions, available at htt2s:Hhome.treasury.gov/system/riles/136/NEU Award Terms and Conditions. pdf 21.4 With respect to any conflict between such federal requirements and the terms of this Agreement and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. COMMUNITY WORKFORCE AGREEMENT If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), apre-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: hLtp://www.santa- ana.org/pwa/documents/CWA.pdf 23. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board ("CARB") including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments ("Regulation"). Throughout the Project, and for three (3) years thereafter, Contractor shall make available for Page 10 of 12 City Council 14 — 15 8/6/2024 inspection and copying any and all documents or information associated with Contractor's and its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance ("CRCs"), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days' notice from the City. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation. 24. NHSCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page to follow] Page 11 of 12 City Council 14 — 16 8/6/2024 SIGNATURE PAGE TO AGREEMENT WITH OUTDOOR DIMENSIONS, LLC TO BUILD AND INSTALL DIGITAL MARQUEES IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: onathan T. Martine Assistant City Attorney CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONTRACTOR: U VP of Operations Page 12 of 12 City Council 14 — 17 8/6/2024 EXHIBIT A SCOPE OF SERVICES City Council 14 — 18 8/6/2024 EXHIBIT A SCOPE OF SERVICES Contractor shall perform services as set forth below: A. Description of Services 1. Proposed Locations a. Rosita Park b. Centennial Park c. Bowers Museum OR Santiago Park Entrance d. Jerome Park e. Delhi Park f. Carl Thornton Park 2. Source digital marquees (screens) a. High -quality 6-8mm marquee b. Resolution 8 mm or better c. Screen size approximately 8x11 feet d. Optional/Preferred: Night mode to reduce light pollution from screen e. All related engineering costs f. 5+ year warranty 3. Source digital marquee structures a. Minimum 8 feet tall b. Required: 1-2 sided to display 1-2 screens; preferred: option of up to 3 sides/screens c. Ability to provide a variety of design options, such as using the City logo, designs that reflect Santa Ana community/digital marquee location, and designs compatible with historically sensitive properties and neighborhoods. d. Ability to provide anti -graffiti options or coating. 4. Install digital marquees a. Structure acquisition and installation. b. Construction/installation of structure, including all necessary excavation, electrical connection, concrete work and landscaping c. Additional geotechnical services, if needed. d. Traffic Control, wherever applicable. e. Installation of screen 5. Maintenance a. Long-term maintenance and service provision for screen: 5 years minimum, with option to extend service warranty for 10-15 years or longer. b. Warranty is 5 years full parts only, no onsite labor. C. Extend to 10-year warranty $7630 per location. b. Maintenance, service, and warranty options for structure. • Structure warranty is 1 year. • Warranty attached for reference. • $14,500 total to extend 5 years. c. Security options for design and operation. • For service relating to the structures— 4x/year once a quarter inspection. Includes: cleaning excess dirt, graffiti, identifying maintenance issues. Does not include maintenance, which would be covered under the warranty. • $8000/year 6. Screen functionality, operation and services a. Remote programming accessible to City operators via internet b. Ability to enter text to display or upload designs c. Ability to play static graphics and animations/video d_ Contractor provides training to staff RF. 99A Digital Marquees for Mulk$le LRcations 8/6/2024 CITY OF SANTA ANA e. Optional: Content services such as creation of display templates and graphic design upon request. B. SAFETY PROGRAM REQUIREMENTS: Work Site Safety shall be as defined by the Standard Specifications and these special provisions: Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specification: 1. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform their job. 2. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. 3. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices. 4. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work. 5. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. 6. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. C. OTHER SAFETY REQUIREMENTS: Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor's negligence shall be repaired at no cost (both labor and material) to the City. Contractor is responsible for advising and ensuring compliance by Contractor's employees with all applicable environmental and hazardous materials handling laws and regulations. RF. 929A Digital Marquees for Mulk$le ?9cations 8/6/2024 CITY OF SANTA ANA Contractor shall provide City a full report of damage to City property and/or equipment by Contractor's employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence. Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor's employees D. CONSTRUCTION WASTE MANAGEMENT: Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non -usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations. RF. 929A Digital Marquees for Mulk$le ?dcations 8/6/2024 EXHIBIT B FURTHER SCOPE OF SERVICES City Council 14 — 22 8/6/2024 4- W w a a o o U ti F y h r iir� z rn� r ¢ ws d g = az ¢ z�zo ao xo 3 zt'� LL,— m _ d �LL Qam� J EE Zy4 H� y Z �LLxc± UQ �ww dw Ur p t'rJ �4aQ o rzcoW v'� Zz oq jQ r� a�ao ems"'-" Y? xo x S� tt � GZG yW �ZV� Y� yo 0~ WZ H� ems]= i�zO�aa a� iv? inm� �z � in .,z.+'4 0 0 0 0 0�00 - a z N � "' Joao d a so a LL o� U O x Q Z G O ~ U S Zo U a c�W,n�O vi N c� v� 4G d fm� li (a` as A �--' F-I _ o un d O U r w r {� O O 9 m _- ww- N 0 'ND co M N I �U 0 U �, ■ � pq � y.y D § G§ « a ` (\§ <§& < -5 { a §z- LL \( g ! :�- 71 / ! §) N O N ? m 'IT N I � � E _ 0 U � m � w a a o o z�zo Q Xo 3 zcxa� iz m a mLL s Ea LLxc± J UQ LL EE J zya dw ro y Ur O Z t'rJ �4aQ o Zz jo a�ao Yz oww s rzcow v'� oa r� ems"'-" xo xttd � �z ems= 0 0 0 0 0�00 _o 8 o � z N a � cn fm� =1�1 F-I d h Fa v;�4 l7 N N o m N m 21 N 0 'ND co LO N I �U 0 U �J U Q a Q N O N co O N I �, z CD 661 CZ L 7 z 0 W W ci a IC a ww H QU d C ¢ 4 1 o y � - � o c� z• a ¢ z "' - a��� d r m ■® L a w Oo ��^r mz FS r y C�J LL YJ o w w¢yd w w2 `mJ `�l .mi�LLi =ice LL� �y c � �sr ^ yZ c ciao � Fz oz F¢ w �S2 a a; Q tea_ y�Wr Y[�/�? 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Completed products that have not been installed or shipped to client are held for the stated project and are not used for any other project without client approval- 1 SN-ELC-MON 1 Bowers Museum $229,620.37 $229,620.37 Single Faced Monument 2 SN-ELC-MON 1 Rosita Park Double Faced Monument 3 SN-ELC-MON 1 Centennial Park Double Faced Monument 4 SN-ELC-MON 1 Jerome Park Double Faced Monument 5 SN-ELC-MON 1 Delhi Park Double Faced Monument 6 SN-ELC-MON 1 Carl Thornton Park Double Faced Monument BOWERS MUSEUM OPTION Quote is for 4 double faced Digital Marquees and Bowers Museum Single Faced Digital Marquee option. Each line item includes the total cost for each location: Monument, Daktronics Screen, Permitting, Engineering, Material, Equipment, Installation, Tax and Bond. $288,501.01 $288,501.08 $289,881.98 $289,881.98 $285,344.28 $285,344.28 $290,318.49 $290,318.49 $284,432.51 $284,432.51 Prices are valid for 45 days from the date of this contract Sales Total: $1 ,668,098.71 Initial By: Date: Deposit: Tax Total: $0.00 The above items are required () working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due: $1,668,098.71 1 City Council 14 - 41 /6/2024 EXHIBIT D QT028169 City Council 14 — 42 8/6/2024 OUTDOOR DIMENSIONS Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 1 Fax: (714) 693-5978 Email: ar@outdoordimensions.com Web: www.outdoordimensions.com Contractors License #: 1042246 Quote QT028169 Date: 2/12/2024 Outdoor Dimensions, LLC reserves the right to bill and collect payment on any products and services performed (completed or otherwise) by the company with notification unless otherwise stated in a written contract. Completed products that have not been installed or shipped to client are held for the stated project and are not used for any other project without client approval- 1 SN-ELC-MON 1 Santiago Park $270,641.83 $270,641.83 Double Faced Monument 2 SN-ELC-MON 1 Centennial Park Double Faced Monument 3 SN-ELC-MON 1 Jerome Park Double Faced Monument 4 SN-ELC-MON 1 Delhi Park Double Faced Monument 6 SN-ELC-MON 1 Carl Thornton Park Double Faced Monument SANTIAGO PARK DOUBLE FACED OPTION Quote is for 4 double faced Digital Marquees and Santiago Park Double Faced Digital Marquee option. Each line item includes the total cost for each location: Monument, Daktronics Screen, Permitting, Engineering, Material, Equipment, Installation, Tax and Bond. $289,881.98 $289,881.98 $285,344.28 $285,344.28 $290,318.49 $290,318.49 $284,432.51 $284,432.51 Prices are valid for 45 days from the date of this contract Sales Total: $1 ,420,619.09 Initial By: Date: Deposit: Tax Total: $0.00 The above items are required () working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due: $1,420,6'19.09 City Council 14 - 43 6/2 41 REQUEST FOR PROPOSALS NO. 23-099A FOR DIGITAL MARQUEE INSTALLATION SERVICES CITY OF SANTA ANA KEY RFP DATES: The schedule below is tentative and subject to change at the discretion of City, with appropriate notice to prospective Proposers. Issue Date - Pre -Proposal Meeting and Job Walk Deadline for Questions: Proposal Due Date: Tuesday, July 11, 2023 Wednesday, July 26, 2023 at 8,30 AM Thursday, August 2, 2023, 4.00 PM Friday, August 11, 2023, 4:00 PM City Council 14-44 8/6/2024 (a CITY OF SANTA ANA TABLE OF CONTENTS I. BACKGROUND...........................................................................................................................3 II. MANDATORY PRE -PROPOSAL MEETING................................................................................ 3 III. OVERVIEW OF PROJECT.......................................................................................................... 3 IV. SCOPE OF SERVICES............................................................................................................... 4 V. TERM OF AGREEMENT............................................................................................................. 4 VI. MINIMUM QUALIFICATIONS......................................................................................................4 VII. RESPONSE TO RFP.................................................................................................................. 4 VIII. CERTIFICATIONS (ATTACHMENTS)......................................................................................... 8 IX. REFERENCES............................................................................................................................8 X. MINIMUM SCOPE AND LIMIT OF INSURANCE......................................................................... 8 XI. SELECTION PROCEDURES & CRITERIA............................................................................... 10 XII. WITHDRAWALS........................................................................................................................12 XIII. GENERAL TERMS AND CONDITIONS.................................................................................... 12 XIV. AWARD OF AGREEMENT........................................................................................................ 18 XV. IMPLEMENTATION................................................................................................................... 18 EXHIBITS Exhibits provided herein for Proposers' reference only. EXHIBIT I — SCOPE OF SERVICES EXHIBIT II — SAMPLE AGREEMENT EXHIBIT III — FEDERAL REGULATIONS EXHIBIT IV — MAP OF PRE -PROPOSAL MEETING LOCATIONS AND DRIVING DIRECTIONS ATTACHMENTS A PROPOSER'S CERTIFICATION, PROPOSAL ITEM PRICING B REFERENCES C PROPOSER'S STATEMENT D NON -COLLUSION AFFIDAVIT E NON -LOBBYING CERTIFICATION F NON-DISCRIMINATION CERTIFICATION G SAM.GOV UEI VERIFICATION H CERTIFICATE OF DEBARMENT City Council 14 — 45 8/6/2024 aCITY OF SANTA ANA BACKGROUND Incorporated in 1886, Santa Ana, a Charter City, established a Council -Manager form of government in 1952. The City Council is composed of seven members; the Mayor elected at large and six Council members elected by ward, who appoint the City Manager, City Attorney and Clerk of the Council. The City of Santa Ana (City) is a full -service City with a diverse population of approximately 335,000. The City's eleven agencies provide all the traditional municipal services, as well as water utility, library system, 20-acre zoo, City Jail, Police Department, and contracts with the Orange County Fire Authority for provision of fire services. The City employs 1,178 authorized full-time positions and has an annual citywide budget is $646 million, including the General Fund budget of $316 million. The City of Santa Ana is located 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The City, which is the county seat of Orange County, encompasses an area of approximately 27 square miles and is the 11th largest by population in California. II. MANDATORY PRE -PROPOSAL MEETING AND JOB WALK A mandatory pre -proposal meeting will be held on the date and time specified on the cover page of this RFP. Attendees must visit all sites listed below. The Pre -proposal meeting will begin at Bowers Museum Parking South at the following address: Location of meeting: Bowers Museum Parking South 1910 N Main St. Santa Ana, CA 92706 Other park sites to be visited: Santiago Park, Rosita Park, Jerome Park, Centennial Park, Thornton Park, and Delhi Park. See detailed map and driving directions in Exhibit IV. Please plan to spend at least 30 minutes at each site and then head to the next site in the order listed on Exhibit IV. Failure to attend this meeting shall result in your firm being disqualified from proposing. III. OVERVIEW OF PROJECT The City of Santa Ana (City) is seeking proposals from qualified firms and organizations (Proposers) to provide and install digital marquees at up to six (6) locations across the City. As a part of the Revive Santa Ana program, the Expansion of Critical Communications Project aims to deliver important messages to our residents across the City in the most effective ways possible. As such, the City seeks to contract with a firm to source and install digital marquees at up to six high -traffic areas in the City upon which vital communications will be shared with the Santa Ana community. The term "Vendor', "Proposer', and "Contractor" shall refer to any legal entity or entities submitting a proposal in response to this Request for Proposals (RFP). RF Y. 99-WM Digital Marquees for Mu%re 9§cations W§W?6f 61 a I1A 1V/ VI. Vll CITY OF SANTA ANA SCOPE OF SERVICES SEE EXHIBIT I — SCOPE OF SERVICES Usage is not guaranteed. Execution of an agreement between the City and successful firm(s) and/or individual(s) does not guarantee work throughout the duration of the contract period. Numerous factors will be evaluated by the City in its delivery of project and assignments, including technical expertise required. TERM OF AGREEMENT The anticipated term of the agreement is for an initial period of two (2) years. The City may, at its discretion, extend the agreement with the same or more limited scope of required services for one (1) additional one (1) year period, upon mutual agreement contingent upon City Council approval, or City Manager or City Attorney authorization, as appropriate. The total term of the awarded agreement shall not exceed three (3) years. MINIMUM QUALIFICATIONS Proposer should have experience in producing/procuring and installing high -quality digital signs in outdoor locations. RESPONSE TO RFP A. SUBMITTAL INSTRUCTIONS It is the responsibility of the Proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the RFP due date and time. Proposals, including all required sections and forms, shall be submitted electronically via the City's Bid Management System, PlanetBids. No other form of submittal will be accepted. PlanetBids will not accept late proposals and no exceptions shall be made. Proposers will receive an e-bid confirmation number with a time stamp from PlanetBids indicating that their proposal was submitted successfully. The City will only receive and consider those proposals that were transmitted successfully. Submit proposal online at: http://www.planetbids.com/portal/portal.cfm?Companyl D=20137. Proposer shall be solely responsible for informing itself with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the Proposer to successfully submit an electronic proposal shall be at the Proposer's sole risk and no relief will be given for late and/or improperly submitted proposals. Proposers experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992- 1771. Questions of an operational nature may be directed to the City's assigned Buyer. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline. Proposals shall NOT be sent via telegraphic, electronic, or facsimile means. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanylD=20137. Proposers shall be RF Y. 99-WM Digital Marquees for Mu%re 93cations aCITY OF SANTA ANA responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. B. COMMUNICATION / CONTACT WITH CITY STAFF Unless otherwise authorized herein, Proposers who are considering submitting a proposal in response to this RFP, or who submit a proposal in response to this RFP, are only to communicate with the assigned Project Coordinator(s), and no other City staff about this RFP from the date this RFP is issued until a contract is awarded. The City will provide all official communication concerning this RFP in writing via the City's Bid Management System, PlanetBids. The City will not be responsible for or bound by any oral communication or any other information or contact that occurs outside the official communication process specified herein, unless confirmed in writing by the designated Project Manager(s). C. REQUEST FOR INFORMATION OR CLARIFICATION / QUESTIONS Questions regarding this RFP shall be submitted via PlanetBids. Responses to all questions will be posted on PlanetBids no later than the date and time shown at the schedule of key RFP dates on the cover page of this RFP. All prospective Proposers are advised to visit PlanetBids on a regular basis as responses may be posted earlier than the date above (if applicable). No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. Significant interpretations or clarifications and responses to questions received by the deadline will be addressed via addenda to this RFP, which will be released and posted on PlanetBids under the "Addenda/Emails" tab. General process questions may be directed to the following: Jacques Lam Buyer J Lam(a-)-santa-ana.orq D. EXCEPTIONS Requests submitted for City's consideration of proposed terms and conditions, including modifications to the City's RFP and/or Contract terms and conditions must be submitted by the deadline for questions. Such requests should include an attachment in Word or PDF format on formal company letterhead that shows the requested modifications. City may reject or strike any requests for exceptions or additional terms and conditions related to Agreement, RFP, and insurance and indemnification terms and conditions. E. ADDENDA Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system, https://www.planetbids.com/portal/portal.cfm?CompanVID=20137. Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. F. UNDERSTANDING PROPOSAL It is the responsibility of each Proposer to inquire about any criteria, condition, term, provision, or requirement of the RFP that the Proposer does not understand. Responses to inquiries, if they significantly change or clarify the RFP requirements or any aspect of the procurement RF Y. 99-WM Digital Marquees for Mu%re 90cations W§6;Q?6f 61 a CITY OF SANTA ANA process, will be forwarded by addenda to all Proposers. The City will not be bound by any oral responses to inquiries. By submitting proposals, Proposers assert that they have fully read the RFP and any addenda issued by the City, the proposed Contract and any other Contract Documents, and affirm that the terms and conditions stated therein are fully understood and are acceptable to the Proposer. Each Proposer accepts the terms and conditions of the Contract Documents and indicates their ability and willingness to perform the requested services under such terms and conditions. Any exceptions to the terms and conditions set forth in the Contract Document shall be submitted to the City by the deadline to submit requests for information or clarification/questions set forth herein. G. PROPOSAL CONTENTS Proposals are to be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Colored displays, promotional materials, photographs etc., are not necessary or desired. Emphasis should be concentrated on conformance to RFP instructions, responsiveness to the RFP requirements, and on completeness and clarity of content. Digital dividers and clear organization of content and material are encouraged. Statement of Qualifications (SOQ) SOQ must include a Table of Contents and be limited to a maximum of 20 pages (excluding section dividers and exhibits). The page limitation includes all appendices, attachments, and supplemental information. Additionally, SOQ must include the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. Cover Letter shall not exceed one page. Cover letter must be addressed to the following City Project Manager: Lauren Matthews, Management Aide City of Santa Ana — City Manager's Office 20 Civic Center Plaza Santa Ana, CA 92701 b. Services Provided A description of proposed services to be provided and how they meet the needs of the City as described in Section III — Scope of Services (Above). c. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in EXHIBIT II — Sample Agreement of this RFP (if any). d. Firm and Team Experience Proposal shall include a profile of the firm's experience including the following: A general description of the firm, including size and number of employees working directly with the City on this agreement. Firm's nearest address serving the City of Santa Ana and headquarters address. RF Y. 99-WM Digital Marquees for Mu%re 99cations WgFeW 6f 61 a CITY OF SANTA ANA iii. Name and contact information of the supervising Project Manager/Principal Agent, to be assigned to the agreement. The Project Manager/Principal Agent shall be the primary contact person to represent your firm and will be the person to conduct the presentation, if invited to an interview. iv. Federal Funding: (1-page maximum) Proposal shall include a listing that contains the items below of Federal grants received (directly or from a Pass -through Agency) within the past five (5) years. a. Name of Federal Awarding Agency b. Name of Grant c. Grant Agreement Number d. Federal Catalog Number e. Project Period f. Award Amount g. Scope of work e. Proposed Work Plan Proposal shall include a statement demonstrating the firm's understanding of the Scope of Services. Additionally, proposed work plan shall include Proposers': i. Anticipated approach to performing services as specified herein; ii. Schedule of delivery iii. Suggestions or special concerns the evaluation committee should take into consideration (if any); iv. Description of deliverables and implementation plan. Proposer shall submit a general description of the deliverables, implementation plan, and timeline. f. References: Attachment B — References shall be submitted for similar projects performed for state and/or similar government clients. 2. Cost Proposal All Proposers are required to submit an itemized Cost Proposal. Pricing instructions should be clearly defined to ensure fees proposed can be compared and evaluated. Cost Proposal must include a payment schedule if applicable. City reserves the right to negotiate compensation and/or payment schedule prior to award of any resulting agreement. The City shall not provide reimbursement for travel -related expenses, mileage, parking, lodging, meals, incidental fees, insurance, freight/shipping and handling/delivery, and any other business expenses, supplies and materials related to providing services as specified herein. Additional costs will not be considered and will not be reimbursed by the City, therefore, such costs must be absorbed in Proposer's cost proposal fee structure. Any language related to travel reimbursement shall be stricken from the document by the City and if not stricken, shall be deemed invalid. If providing hourly rate sheets, Proposer shall not include rate ranges or averages. RF Y. 99-WM Digital Marquees for Mu%re PRcations W§FW 6f 61 aCITY OF SANTA ANA Proposals shall be valid for a minimum of one hundred eighty (180) days following Proposal deadline. The cost for developing the Proposal is the sole responsibility of the Proposer. All Proposals submitted become property of the City. IX. CERTIFICATIONS (ATTACHMENTS) In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: Proposer's Certification and Proposal Item Pricing = Attachment B: References = Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit • Attachment E: Non -Lobbying Certification • Attachment F: Non -Discrimination Certification • Attachment G: SAM.gov UEI verification • Attachment H: Certificate of Debarment The proposal must be completely responsive to the RFP. Incomplete proposals will be deemed as nonresponsive and will be rejected. The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any commitment will be awarded pursuant to this RFP or otherwise. PLEASE NOTE: City will not waive notarization requirement when applicable on any of the required attachments. X. REFERENCES Contractor shall provide three (3) references from other similar public agencies for which services similar to those specified in this RFP have been performed, including contact names and telephone numbers. Use ATTACHMENT B — References. The respondent grants permission for the City to contact any individuals listed as references. City may disqualify a Proposer if: • References fail to substantiate Proposer's description of services and deliverables provided; or • References fail to support that Proposer has a continuing pattern of providing capable, productive, and skilled personnel, or • City is unable to reach the point of contact with reasonable effort. It is the Proposer's responsibility to inform the point of contact(s) of normal City working hours. XI. MINIMUM SCOPE AND LIMIT OF INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. RF Y. 99-WM Digital Marquees for Mu%re Pdcations W§FW 6f 61 aCITY OF SANTA ANA Additionally, Contractor shall provide the following insurance coverage: Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000aggregate. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this RF Y. 99-WM Digital Marquees for Mu%re Scations W96;Q?6f 61 aCITY OF SANTA ANA waiver of subrogation, but this provision applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the Entity. Claims Made Policies (note — should be applicable only to professional liability, see below) If any of the required policies provide claims -made coverage: 1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. XII. SELECTION PROCEDURES & CRITERIA A. The City will establish a proposal review committee. The review committee will evaluate proposals based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth below. RF Y. 99-WM Digital Marquees for Mu%re Pcations W§FW 6f 61 a CITY OF SANTA ANA B. Proposers will be ranked by the review committee based on the following criteria: CATEGORY POINTS Responsiveness to RFP • Proposal's compliance with the requirements of this RFP. • Scope of Services offered including ability to provide optional services. 15 • The value to any new and/or innovative product or service suggestions or other new ideas and enhancements. Experience of Firm and Personnel • The experience, resources, and qualifications of the firm and individuals 50 assigned to this account, including manager, supervisor and assigned staff. Relevant Project Experience 25 References • References that are similar in size and project scope to the City. 10 TOTAL POSSIBLE SCORE 100 C. A final score will be calculated for each submitted proposal and used to rank Proposers. Based upon the foregoing criteria, all proposals shall be ranked by score. Only those proposals receiving a score above 70 will be considered for award. The City reserves the right to award the contract to any proposer(s) with a score above 70. The review committee will evaluate proposers based on their response to the RFP and the City evaluation criteria set forth above. D. The City is under no obligation to accept any proposal and reserves the right to negotiate with respondents as to fees and terms. The City may reject proposals at its sole discretion. If proposal fails to satisfy any requirements outlined in this RFP, it may be considered non- responsive and may be rejected. The City shall not be obligated to accept the lowest priced proposals, but will make awards in the best interests of the City after all factors have been evaluated. The review committee will recommend the qualified Proposers to the City Council or City Manager for award of contract, as appropriate. E. The review committee may invite the proposers to interview. The City reserves the right to seek additional information from any or all Proposers invited to present proposals. A final score will be calculated for each submitted proposal and used to rank Proposers. City reserves the right to begin negotiations and enter into a contract without holding interviews, or further discussions. RF Y. 99-WM Digital Marquees for Mu%re P6cations W9_4;W 6f 61 a M11 XIV. CITY OF SANTA ANA WITHDRAWALS Proposers are responsible for verifying all prices and information before submitting a proposal. Prior to the proposal due date, the Proposer or Proposer's representative may withdraw the proposal by providing written notice of the proposal withdrawal to the City Contact/Project Manager. Verbal or telephonic withdrawals are not permissible. GENERAL TERMS AND CONDITIONS A. AMERICANS WITH DISABILITIES ACT The awarded Contractor hereby certifies that it will comply, as applicable, with the Americans with Disabilities Act of 1990 ("ADA"), 42 USC §§ 12101 et seq., and its implementing regulations, including Subtitle A, Title II of the ADA. Contractor will not discriminate against persons with disabilities nor against persons due to their relationship to or association with a person with a disability. Any contract entered into by the awarded Contractor (or any subcontract thereof), relating to this RFP, shall be subject to the provisions of this paragraph. B. CITY BUSINESS LICENSE The selected proposer shall be required to obtain a City of Santa Ana Business license within thirty (30) days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. C. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. D. CONFLICT OF INTEREST Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the City. This obligation shall apply to the Contractor; the Contractor's employees, agents, and Subcontractors associated with accomplishing work and services hereunder. The Contractor's efforts shall include, but not be limited to, establishing precautions to prevent its employees, agents, and Subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence City staff or elected officers from acting in the best interests of the City. Each Proposer must disclose any existing or potential conflict of interest relative to the performance of the contractual services resulting from this RFP. Any such relationship that might be perceived or represented as a conflict should be disclosed. The City reserves the right to disqualify any Proposer on the grounds of actual or apparent conflict of interest. No person, firm, or subsidiary thereof who has been awarded this Contract may be awarded a Contract for the provision of services, the delivery of supplies, or the provision of any other related action which is required, suggested, or otherwise deemed appropriate as an end product of this Contract. Therefore, Contractor is precluded from contracting for any work recommended as a result of this Contract. RF Y. 99-WM Digital Marquees for Mu%re P§cations PW99PF6f 61 a CITY OF SANTA ANA E. CONTRACTOR'S EXPENSE Pre -Contractual Expenses: The City is not liable for any costs incurred by Proposers prior to entering into a formal contract. Costs of developing a response to this RFP, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by the City. Pre - contractual expenses are not to be included in the cost proposal. Pre -contractual expenses include, but are not limited to, preparation of the proposal, submission of the proposal and additional information, attendance at pre -proposal conference, negotiating any matter related to this RFP with City, and/or any other expenses incurred by the Proposer prior to the date of award and execution, if any, of the contract. Other Expenses: The Contractor will be responsible for all costs related to photo copying, telephone communications, fax communications, and parking while on City sites during the performance of work and services under this Contract. F. CONTRACTOR'S PROJECT MANAGER/KEY PERSONNEL Except as formally approved by the City, the key personnel identified in Contractor's proposal shall be the individuals who will actually complete the work. Changes in staffing must be reported in writing and approved by the City. The City shall have the right to require the removal and replacement of the Contractor's Project Manager and key personnel under the awarded contract. The City shall notify the Contractor in writing of such action. The City is not required to provide any reason, rationale, or additional factual information if it elects to request any specific key personnel be removed from performing services under the awarded contract. The City shall review and approve the appointment of the replacement for the Contractor's personnel. Said approval shall not be unreasonably withheld. Standards of Conduct: Contractor's personnel shall be courteous and maintain good working relationships with all stakeholders, state or outside agencies, other team members and staff within the City. G. COST PROPOSAL The awarded Contractor agrees to provide the purchased services at the costs, rates, and fees as set forth in their Fee Schedule in response to this RFP. No other costs, rates or fees shall be payable to the awarded Subcontractor for implementation of their proposal. H. DATA RETENTION Contractor shall be responsible for retaining data, records, and documentation for the preparation of required items. These materials shall be made available to and as requested by City. All materials, documents, data or information obtained from the City Data files or any City medium furnished to Contractor in the performance of an awarded contract will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Contractor after completion or termination of this Contract without the express written consent of the City. All materials, documents, data or information, including copies, must be returned to the City at the end of the contract. All data, documents and other products used, developed, or produced during response preparation of the RFP will become property of the City. All responses to the RFP shall become property of the City. Proposer information identified as proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. RF Y. 99-WM Digital Marquees for Mu%re P§cations PWPP�26f 61 a CITY OF SANTA ANA I. DRUG -FREE WORKPLACE The awarded Contractor certifies compliance with Government Code Section 8355 in matters relating to providing a drug -free workplace. Failure to comply with these requirements may result in suspension of payments under the Contract or termination of the contract or both, and the Contractor may be ineligible for award of any future City contracts. EXAMINATION Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in relation to this RFP are fully incorporated. Any irregularities or lack of clarity in the RFP should be brought to the designated City Contact/Project Manager's attention as soon as possible so that corrective addenda may be furnished to prospective Proposers. Proposals which appear unrealistic in the terms of technical commitments, lack of technical competence, or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. K. EXECUTION OF AGREEMENT Upon successful negotiations, the City and the selected Proposer will enter into an Agreement similar to that as shown in EXHIBIT II — Sample Agreement of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to disqualify them without any further obligation L. FEDERAL GRANT CONTRACT PROVISIONS Proposer must agree to the federal contract provisions outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200.326. These provisions will become part of the agreement resulting from this bid. M. FISCAL NONFUNDING CLAUSE In the event sufficient budgeted funds are not available for a new fiscal period, the City shall retain the right to notify the provider of such occurrence in writing at least thirty (30) days before the end of the current fiscal period and terminate the contract on the last day of the current fiscal period without penalty or expense to the City. N. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm, also known as the prime, and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The proposer is responsible for all the actions taken by their sub -contractor. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right RF Y. 99-WM Digital Marquees for Mu%re P3cations PW9PfY6f 61 aCITY OF SANTA ANA to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. O. INDEPENDENT CONTRACTOR Contractor is considered an independent Contractor and neither Contractor, its employees, nor anyone working under Contractor will be considered an agent or an employee of City. Neither Contractor, its employees, nor anyone working under Contractor, will qualify for workers' compensation or other fringe benefits of any kind through City. P. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub - consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. The City reserves the right to reject, replace and approve any and all Subcontractors. All Subcontractor(s) shall be identified in the response to the RFP and the City reserves the right to reject any proposed Subcontractor(s). Subcontractors shall be the responsibility of the prime Contractor and the City shall assume no liability of such Subcontractors. Q. LITIGATION STATUS Each Proposer must include in its proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any proposal. The City reserves the right to reject any proposal based upon the Proposer's prior history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures. R. NEGOTIATIONS The City reserves the right to negotiate final contract terms with any Proposer selected. The contract between the parties will consist of the RFP together with any modifications thereto, and the awarded Contractor's proposal, together with any modifications and clarifications thereto that are submitted at the request of the City during the evaluation and negotiation process. In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the RFP, any modifications and clarifications to the awarded Contractor's proposal, and the awarded Contractor's proposal. Specific exceptions to this general rule may be noted in the final executed contract. Negotiations shall be confidential and not subject to disclosure to competing Contractors unless and until an agreement is reached. If contract negotiations cannot be concluded successfully, the City reserves the right to negotiate a contract with another Contractor or withdraw the RFP. RF Y. 99-WM Digital Marquees for Mu%re POcations PW99P?6f 61 a CITY OF SANTA ANA S. NON -PAYMENTS Note that payments will NOT be made for any unsatisfactory work until corrected. In the event of nonpayment of undisputed sums by the City, Contractor shall give the City thirty (30) working days to cure the alleged breach. T. OWNERSHIP OF DOCUMENTS The City has permanent ownership of all directly connected and derivative materials produced under this contract by the Contractor. All documents, reports and other incidental or derivative work or materials furnished hereunder shall become and remains the sole property of the City and may be used by the City as it may require without additional cost to the City. Contractor shall provide the City copies of documents upon its request at any time. None of the documents, reports and other incidental or derivative work or furnished materials shall be used by the Contractor without the express written consent of the City. U. PARKING The City will not provide free parking and/or reimbursement for the cost of parking while providing services and conducting business with the City. V. PROFESSIONAL STANDARDS Contractor staff shall be courteous to the public and City staff utilizing facilities where Contractor is performing work, but shall be responsive only to the requests of the City's Project Manager or designee. Contractor staff shall direct all inquiries to Project Manager or designee. Contractor acknowledges that City locations consist of public -use facilities and recognizes the obligation to ensure Contractor personnel and agents maintain the highest level of professional standards in attire, decorum, and interaction with the public and City personnel. W. PROJECT MANAGER The selected Proposer will assume responsibility for all services in its proposal. The selected Proposer shall identify a sole point of contact, Project Manager, with the greatest knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. X. PROPOSAL VALIDITY Services, pricing, and warranties indicated in a Proposer's Proposal must be valid for a period of 180 days at minimum after the submission of the Proposal. Y. PUBLIC AGENCIES Other public agencies, as defined by California Government Code Section 6500, may choose to use the terms of this Contract, subject to Contractor's acceptance. The City is not liable or responsible for any obligations related to a subsequent contract between Contractor and another public agency. Z. PUBLIC RECORDS Proposals will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each Proposer may clearly label all or part of a proposal as "CONFIDENTIAL" provided that the Proposer thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information. Proposer information identified as RF Y. 99-WM Digital Marquees for Mu%re POcations PWPPP�gf 61 aCITY OF SANTA ANA proprietary shall be maintained confidential, to the extent allowed under the California Public Records Act. AA.SUBCONTRACTORS Proposals in response to this RFP must identify any Subcontractors, and outline the contractual relationship between the Awarded Subcontractor and each Subcontractor. An official of each proposed Subcontractor must sign, and include as part of the proposal submitted by the Prime Contractor, a statement to the effect that the Subcontractor has read and will agree to abide by the awarded Contractor's obligations. Any Subcontractor proposed after award of contract must be approved by the City before commencement of work. The City will look solely to the awarded Contractor for the performance of all contractual obligations which may result from an award based on this RFP, and the awarded Contractor shall not be relieved for the non-performance of any or all Subcontractors. BB.PREVAILING WAGE The Director of the Department of Industrial Relations of the State of California has ascertained the prevailing rate of per diem wages in dollars, based on a working day of eight hours, for each craft or type of worker or mechanic needed to execute any construction or maintenance contract, which may be awarded by Public Works. The current prevailing wage rates as adopted by the Director of the Department of Industrial Relations are incorporated herein by reference and may be accessed at http://www.dir.ca.gov/ (General Prevailing Wage determination made by the Director of Industrial Relations / Pursuant to California Labor Code Part 7, Chapter 1, Article 2, Section 1770, 1773 and 1773.1). Contractor is required to pay the prevailing wage rate referred to above and is responsible for selecting the craft/classification of workers which will be required to perform this service in accordance with the Contractor's method of performing the work. Pursuant to Section 1775 of the Labor Code (State of California) Contractor shall forfeit $50 for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing wage rates for any public work done under this Contract or by any subcontractor. Prevailing Wage Compliance and Monitoring Contractor is aware of the requirements of the 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 requirement 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 Prevailing Wage Laws and since the total compensations 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/Contact. Contact 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 job 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. RF Y. 99-WM Digital Marquees for Mu%re PRcations PW99P?6f 61 a ► AVA XVI. CITY OF SANTA ANA AWARD OF AGREEMENT Selected Contractor(s) will be notified in writing. Any award is contingent upon the successful negotiation of final contract terms. A. EXECUTION OF AGREEMENT A standard agreement is included as EXHIBIT II Sample Agreement of this RFP. "Proposer" will hereinafter be referred to as "Consultant' or "Contractor" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. IMPLEMENTATION A. KICK-OFF MEETINGS The successful proposer will be required to meet with City staff prior to commencement of services or at any time as required by the City, to discuss and agree on operational issues including transition of services and scheduling. RF Y. 99-WM Digital Marquees for Mu%re P8cations PW99fl?6f 61 a CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below: A. Description of Services 1. Proposed Locations a. Rosita Park b. Centennial Park c. Bowers Museum OR Santiago Park Entrance d. Jerome Park e. Delhi Park f. Carl Thornton Park 2. Source digital marquees (screens) a. High -quality 6-8mm marquee b. Resolution 8 mm or better c. Screen size approximately 8x11 feet d. Optional/Preferred: Night mode to reduce light pollution from screen e. All related engineering costs f. 5+ year warranty 3. Source digital marquee structures a. Minimum 8 feet tall b. Required: 1-2 sided to display 1-2 screens; preferred: option of up to 3 sides/screens c. Ability to provide a variety of design options, such as using the City logo, designs that reflect Santa Ana community/digital marquee location, and designs compatible with historically sensitive properties and neighborhoods. d. Ability to provide anti -graffiti options or coating. 4. Install digital marquees a. Structure acquisition and installation. b. Construction/installation of structure, including all necessary excavation, electrical connection, concrete work and landscaping c. Additional geotechnical services, if needed. d. Traffic Control, wherever applicable. e. Installation of screen 5. Maintenance a. Long-term maintenance and service provision for screen: 5 years minimum, with option to extend service warranty for 10-15 years or longer b. Maintenance, service and warranty options for structure. c. Security options for design and operation. 6. Screen functionality, operation and services a. Remote programming accessible to City operators via internet b. Ability to enter text to display or upload designs c. Ability to play static graphics and animations/video d. Contractor provides training to staff RF Y. 99-WM Digital Marquees for Mu%re P3cations PW99P26f 61 aCITY OF SANTA ANA e. Optional: Content services such as creation of display templates and graphic design upon request. B. SAFETY PROGRAM REQUIREMENTS: Work Site Safety shall be as defined by the Standard Specifications and these special provisions: Contractor shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. Consultant/Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specification: 1. Contractor shall train all employees, or subcontractor personnel in the work practices necessary to safely perform their job. 2. Contractor shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. 3. Contractor, their employees and subcontractors shall follow all safety rules and safe work practices. 4. Contractor will immediately notify the City of any significant and/or unusual hazards found during the course of work. 5. Contractor shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. 6. Contractor is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Contractor agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Contractor, its subcontractors or City, attributable to any alleged act or omission of the Contractor or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Contractor any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. C. OTHER SAFETY REQUIREMENTS: Contractor shall take all reasonable precautions, as directed by the City, or in the absence of such direction, in accordance with sound industrial practices, to safeguard and protect City property and adjacent property. Damages to properties caused by Contractor's negligence shall be repaired at no cost (both labor and material) to the City. Contractor is responsible for advising and ensuring compliance by Contractor's employees with all applicable environmental and hazardous materials handling laws and regulations. RF Y. 99-WM Digital Marquees for Mu%re Pcations 49946f 61 aCITY OF SANTA ANA Contractor shall provide City a full report of damage to City property and/or equipment by Contractor's employees. All damage reports shall be submitted to the Site Coordinator within twenty-four (24) hours of occurrence. Contractor shall provide, erect, and maintain all warning devices (i.e., barricades, cones, etc.) as required or necessary to ensure the safety of the public, City, and Contractor's employees D. CONSTRUCTION WASTE MANAGEMENT: Contractor shall keep work areas clean and free from any debris, rubbish, hazardous waste and non -usable material resulting from the work under this Contract and shall be disposed of at the completion of each work day by the Contractor. Hazardous waste must be disposed of in accordance with the Resource Conservation and Recovery Act and all other applicable federal, state, and local laws and regulations. RF Y. 99-WM Digital Marquees for Mu%re P6cations 49946f 61 (9) CITY OF SANTA ANA EXHIBIT II SAMPLE AGREEMENT SAMPLE ONLY RF Y. 99-WM Digital Marquees for Mu%re P§cations 49996f 61 CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT ("Agreement") is made and entered into on this day of , 20 by and between ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of: to provide and install digital billboards at up to six (6) locations across the City, in high - traffic areas, in which vital communications will be shared. As part of the Revive Santa Ana, the Expansion of Critical Communications project aims to deli important messages to residents across the City in the most effective ways possibl " B. Consultant represents that Consultant is able and willing to prove services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $xxxxxx. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. Page 1 of 10 RF Y. 99-WM Digital Marquees for Mu%re P§cations 49996f 61 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number W) year term with the option for the City to grant up to a number M-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. VW 6. OWNERSHIfF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. Page 2 of 10 RF Y. 99-WM Digital Marquees for Mu%re P3cations 49996f 61 7. INSURANCE (Subject to revision per RMD requirements) Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 1185 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be Page 3 of 10 RF Y. 99-WM Digital Marquees for Mu%re POcations PW99P?6f 61 primary coverage at least as broad as ISO CG 20 0104 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the paym of any loss under such insurance. Consultant agrees to obtain any endorsement that maybe essary to affect this waiver of subrogation, but this provision applies regardless of whether of the City has received a waiver of subrogation endorsement from the insurer. 4* Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXII, unless otherwise acceptable to the City. Claims Made Policies (applicable only to professional liability) If any of the required policies provide claims -made coverage: A. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. B. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. C. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of work. Verification of Coverage Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance Page 4 of 10 RF Y. 99-WM Digital Marquees for Mu%re POcations PW99X6f 61 policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements Page 5 of 10 RF Y. 99-WM Digital Marquees for Mu%re 79cations 499W & 61 charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Executive Director xxxxxxx Agency Page 6 of 10 RF Y. 99-WM Digital Marquees for Mu%re Zdcations 49996f 61 City of Santa Ana 20 Civic Center Plaza (M-xxxx) P.O. Box 1988 Santa Ana, CA 92702 To Consultant: First & Last Name Title Consultant Firm Name Address City, State, Zip Fax: A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or Page 7 of 10 RF Y. 99-WM Digital Marquees for Mu%re 73cations 49996f 61 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, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. Page 8 of 10 RF Y. 99-WM Digital Marquees for Mu%re Dcations 49996f 61 21. FUNDING -RELATED PROVISIONS Funds from the Coronavirus State Fiscal Recovery Fund and/or the Coronavirus Local Fiscal Recovery Fund, together known as the Coronavirus State and Local Fiscal Recovery Funds ("CSLFRF") program, will be used to fund all or a portion of this Agreement. As applicable, Consultant shall comply with all federal requirements including, but not limited to, the following, all of which are expressly incorporated herein by reference: a. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021 (the "Act"); b. U.S. Department of the Treasury ("Treasury") Final Rule for the Act; Treasury Compliance and Reporting Guidance for the Act; d. 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, other than such provisions as the U.S. Department of the Treasury may determine are inapplicable to the CSLFRF program and subject to such exceptions as may be otherwise provided by the U.S. Department of the Treasury; Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions; and f. Federal contract provisions attached hereto as Exhibit C and incorporated herein by reference. Subcontracts, if any, shad contain ,:provision making them subject to all of the provisions stipulated in this Agreement. With Pect` any conflict between such federal requirements and the terms of this Agreement and/cam th 'ovisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. 22. DEBARMENT. a. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, Debarment and Suspension. See also 24 C.F.R. 570.609. Consultant must review and sigh Exhibit D "Debarment," which is attached hereto and incorporated herein by this reference. Consultant shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of Consultant shall be reported immediately to CITY. b. To maintain compliance with Federal programs, including but not limited to 2 C.F.R. Part 25 and 2 C.F.R. Part 180, CITY hereby requires that Consultant maintain a unique entity Page 9 of 10 RF Y. 99-WM Digital Marquees for Mu%re 76cations 49996f 61 identifier (as defined in 2 C.F.R. 25.415) and is registered in the System for Award Management (as defined in 2 C.F.R. 25.410) via SAM.gov (or any other applicable means or updated government website) for the duration of the term of this Agreement. 23. 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 Jennifer Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Andrea Garcia -Miller Assistant City Attorney 111kL RECOMMENDED FOR APPROVAL: Michael L. Garcia Executive Director Community Development Agency Kristine Ridge City Manager CONSULTANT: Title: BE Page 10 of 10 RF Y. 99-WM Digital Marquees for Mu%re 7§cations 4999?6f 61 EXHIBIT C FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix 11 to Part 200 (A); Appendix 11 to Part 200 (B): Remedies for Breach, Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's RF Y. 99-WM Digital Marquees for Mu%re Ncations PW99W 6f 61 commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (v) The Consultant will 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. (vi) The Consultant will 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 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. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may RF Y. 99-WM Digital Marquees for Mu%re 73cations 4999?6f 61 require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix 11 to Part 200 (D) — Davis-BaconAct: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix 11 to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor RF Y. 99-WM Digital Marquees for Mu%re 70cations PW99Y?6f 61 withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower tier, subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix 11 to Part 200 (F) — Rights to Inventions Made Udder a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business fife or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Consultant must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix 11 to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: A (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix 11 to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). RF Y. 99-WM Digital Marquees for Mu%re 79cations PW99W 6f 61 (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix 11 to Part 200 (1) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 0) Appendix 11 to Part 200 (J) — §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www. epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." RF Y. 99-WM Digital Marquees for Mu%re PRcations PWOORMf 61 (k) Appendix 11 to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (i) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security o government facilities, physical security surveillance of critical infrastructure, and other nationaWcurity purposes, video surveillance and telecommunications equipment produced b ytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, cahua Technology Company (or any subsidiary or affiliate of such entities). (2) Telecommunications or video surveillance se es provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — §200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts (iiowFor purposes of this section: *40' "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) RF Y. 99-WM Digital Marquees for Mu%re Pdcations PW999?6f 61 (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. 3. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. RF Y. 99-WM Digital Marquees for Mu%re P3cations PW99P26f 61 (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby i#orporated by reference. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of ite Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. RF Y. 99—WM Digital Marquees for Mu%re Pc cations 4999?6f 61 (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; management; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; (3) The Government Accountability Office; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law enforcement agency; (6 ourt or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the ponsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. RF Y. 99-WM Digital Marquees for Mu%re P6cations 49996f 61 (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant's successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with "Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this RF Y. 99-WM Digital Marquees for Mu%re P§cations *Ab* 61 contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. (x) If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. RF Y. 99-WM Digital Marquees for Mu%re Ncations PWP 6f 61 a CITY OF SANTA ANA EXHIBIT III FEDERAL REGULATIONS a. Federal Regulations — Recipient must comply with the government cost principles, uniform administrative requirements and audit requirements for federal grant program housed within Title 2, Part 200 of the Code of Federal Regulations. b. Debarment and Suspension — As required by Executive Orders 12549 and 12689, and 2 CFR §200.212 and codified in 2 CFR Part 200, Recipient must provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. C. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by CITY, the grant agency and/or their duly authorized representatives for a period of three (3) years from the date of submission of the final expenditure report by the City of Santa Ana. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Recipient shall preserve and maintain all documents, papers and records relevant to the services provided in accordance with this Agreement, including the Attachments hereto. For the same time period, Recipient shall make said documents, papers and records available to City and the agency from which City received grant funds or their duly authorized representative(s), for examination, copying, or mechanical reproduction on or off the premises of Recipient, upon request during usual working hours. d. Reports - Recipient shall provide to City all records and information requested by City for inclusion in quarterly reports and such other reports or records as City may be required to provide to the agency from which City received grant funds or other persons or agencies. e. Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act). Therefore, the federal funds recipient pursuant to the requirements of The Act hereby gives assurance that no otherwise qualified handicapped person shall, solely by reason of handicap be excluded from the participation in, be denied the benefits of or be subject to discrimination, including discrimination in employment, in any program or activity that receives or benefits from federal financial assistance. The Recipient agrees it will ensure that requirements of The Act shall be included in the agreements with and be binding on all of its contractors, subcontractors, assignees or successors. f. Americans with Disabilities Act of 1990 - (ADA) Recipient must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. g. Political Activity - None of the funds, materials, property, or services provided directly or indirectly under this agreement shall be used for any partisan political activity, or to further the election or defeat of any candidate for public office, or otherwise in violation of the provisions of the "Hatch Act". h. No Lobbying - Recipient will comply with all applicable lobbying prohibitions and laws, including those found in the Byrd Anti -Lobbying Amendment (31 U.S.C. 1352, et seq.), and agrees that none of the funds provided under this award may be expended by the Recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer RF Y. 99-WM Digital Marquees for Mu%re Ecations PW9 6f 61 a CITY OF SANTA ANA or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal of any federal contract, grant, loan, or cooperative agreement. i. Non -Discrimination and Equal Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1964, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; Drug Abuse Office and Treatment Act of 1972, as amended; Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended; Section 523 and 527 of the Public Health Service Act of 1912, as amended; Title VIII of the Civil Rights Act of 1968, as amended; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and 39. In the event a Federal or State court, Federal or State administrative agency, or the Recipient makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the Recipient will forward a copy of the findings to CITY which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. If applicable, recipient will comply with the equal opportunity clause in 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375. j. Equal Employment Opportunity - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. k. Public Contracts Code - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the California Public Contract Code Section 10295.3, as applicable. I. Copeland Anti -Kickback Act - Recipient will comply, and all its contractors and subcontractors (or subrecipients) shall comply, with all requirements of the Copeland "Anti -Kickback" Act (30 U.S.C. 3145) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. (1) Contractor — Contractors shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts — Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach — A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. M. Davis -Bacon Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. RF Y. 99-WM Digital Marquees for Mu%re POcations PW9 6f 61 a CITY OF SANTA ANA Contractors are required to pay wages to laborers and mechanics at a rate no less than the prevailing wages specified in a wage determination made by the Secretary of Labor. Additionally, contractors are required to pay wages not less than once a week. n. Work Hours and Safety - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3702 and 3704) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. o. Clean Air Act - Recipient will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as applicable. P. Energy and Conservation - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (42 U.S.C. 6201), as applicable. q. Waste Disposal - Recipient will comply, and all its contractors (or subrecipients) will comply, with all requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, as applicable. r. Patent Rights - Recipient agrees that the Department of Homeland Security shall have the authority to seek patent rights for any process, product, invention or discovery developed and paid for with funding through this Agreement based on the requirements of 37 CFR§ 401 and any other implementing regulations, as applicable. S. Copyright - Recipient may copyright any books, publications or other copyrightable materials developed in the course of or under this Agreement. However, the federal awarding agency, State Administrative Agency (SAA) and City reserve a royalty -free, non-exclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government, SAA and/or City purpose: (1) the copyright in any work developed through this Agreement; and (2) any rights of copyright to which the subcontractor purchases ownership with support through this grant. The Federal government's, SAA's and City's rights identified above must be conveyed to the publisher and the language of the publisher's release form must ensure the preservation of these rights. t. Telecommunications (2 CFR 200.216) - Recipient will comply with FEMA Policy 405-143- 1, Prohibitions on Expending FEMA Award Funds on Covered Telecommunication Equipment or Services (Interim), which prohibits grant recipients and subrecipients from obligating or expending loan or grant funds to procure or obtain, extend or renew a contract to procure or obtain, or to enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is: RF Y. 99-WM Digital Marquees for Mu%re Ncations PW99W 6f 61 aCITY OF SANTA ANA (1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (2) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (3) Telecommunications or video surveillance services provided by such entities or using such equipment. (4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. U. Domestic preferences for procurements (2 CFR 200.322) - Recipient agrees that as appropriate and to the extent consistent with law, it will, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). This requirement must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this provision: "produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; and "manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. V. Equal Employment in Construction Contracts - Pursuant to Equal Employment Opportunity requirements of 41 C.F.R. 60-1.4(b) in accordance with Executive Order 11246 as amended by Executive Order No. 11375, as to any construction contract thereunder, if applicable, during the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, 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. RF Y. 99-WM Digital Marquees for Mu%re 29cations PW9RR6f 61 a CITY OF SANTA ANA (2) The contractor will, 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, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will 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. (6) The contractor will 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 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. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this 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 Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) 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 subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. RF Y. 99-WM Digital Marquees for Mu%re 28cations PWPPRgf 61 (9) CITY OF SANTA ANA EXHIBIT IV MAP OF PRE -PROPOSAL MEETING LOCATIONS AND DRIVING DIRECTIONS FOR PROPOSERS' REFERENCE ONLY RF Y. 99-WM Digital Marquees for Mu%re 23cations PWpRW6f 61 City of Santa Ana Proposed Marquee Locations Proposed Marquee Location files RF Y. 99-WM Digital Marquees for Mu%re Pcations PW9RR6f 61 7/6/23, 5:30 PM Bowers Museum Parking South to Delhi Park - Google Maps Go gle Maps Bowers Museum Parking South, 1910 N Main St, Drive 16.6 miles, 45 min Santa Ana, CA 92706 to Delhi Park, 2314 S Halladay St, Santa Ana, CA 92707 Begin at Bowers Parking South, go to Santiago Park, Rosita, Jerome, Centennial, Thornton, and finish at Delhi Park. Md�keis, Anaheim ® ...E ®i GlsneyC �tf mla H d •._ El Dorado c O t�holc,al sourew€sr F@� - e� �. gip. - L Alam'tos slamo n Cc'SE ARUSTIC LANNAH€IMF E F NNIIM CPCE EN gON.t Q LEAP orange Padt Acres e® n N!I, aulfC 9 zE_7m 9— NTH v>ns� O welmansuPercenter� O rdlarr P H IQ - m ®.Rossmoor u Frbar Gog Park Vo p`II an . ,w. 5nan�. . "a°• a T,e Hone Oe t ` d m 1 © All' q Q nao -Orange El M dana rCACDN Afi99 M- Gld Ranch Couniry Club 9 r,. ,.E 8 d RDNE N lame "ae h Cam Ls.,orange n -.,�E-.• PAitE ORAGA COWAN — H Mart arden Grave® Hart Park -H-as.,torC.�- i E' C fibiB scake G d Grove 'tarltl Seel Beach Pabl. Art Sant ago Park Mursl ver Utew GOIf Course® LEISURE WCR� IR V t WaaCm natE DMV� I R, _� T.U. ,� gowerSMuaeum Parking South PURTOLA PARK oft rshall &I-o 7c�od d„ North Tustin w Q MFBURy PARK e� Ph J4� z g NleSt.T —, wallQ. , n e _ �'/ APTE6 YINTOwaJ �$Bldta « :3I. Q ® - teJ e - s IB Ch Ph oc Ldc Th. RIVE IEw Ana Midway City W i - "� s ` .e °' a W ldl(� 1 5 HENINGER PARK S1MA. zo T.Mtm r en Ranch cGltcwbg Refuge 0 wE5T GROVE VALLEY oe_9 - Imam Sue rHP _ ,. Jerome Park rLL � p ,.. T (P S,.o is aI 9 Geadrldge Pk y �.. :r.;. d - Y' C GM 9 [ cost v C. H > ��e9 -SUNSET 'NAS HIN GTONL 3000 W 1 F Etl nger AV¢aU¢ CHICA, HEIL I flu,. m Q f HtJI`.v LOWED YE'. REI9 CANVO! BEACH GCLEENCEST M Square 6arg,C... .y MEMORIALPARK :v ®Trod Joes vI H. - R go"1park ® Aes RRIGTGLl WARNER Gnlsa Eh C etuancy� RG. .'-9 E„_.. ,, oelhi Park � O F ,Main GREEN VALLEY THO RiOSH PARk wALN call o Park9 9M45," tcGF CAST CHTLEY H t C"nt al ParK© H I g 6 ne.... � S '90° �G,.c-is..ornllr r:atary OAST TUST N LEGA 4 h tct ham.':<el. S I Ch B SI to - EL REACAML SIatC EICS, Mafrne._ TCRePtle Zoo v rt O IKEHQ -.-.- 0 M It M1 tl.,,.._® s ARFIEL H.1 GeO^-t ...ei 'a® 9 S wE6 ARK d° g`Ie Bowers Museum Parking South 1910 N Main St, Santa Ana, CA 92706 T 1. Head north toward W 20th St r4 2. Turn right toward W 20th St r+ 3. Turn right onto W 20th St 4. Turn left at the 1 st cross street onto Main St Destination will be on the right 3 min (0.6 mi) Public Art "Santiago Park Mural' Santiago Creek Bike Trail, Santa Ana, CA 92706 151 ft 59 ft 207 ft 0.6 mi Map data 02023 Google 1 mi T 5. Head northwest on Main St RFFC14. 99-WM Digital Marquees for Mu%re 26cations PW9RW6f 61 https://www.google.com/maps/dir/Bowers+Museum+Parking+South/Public+Art+"Santiago+Park+Mural',+Santiago+Creek+Bike+Trail,+Santa+Ana,+C... 1 /4 7/6/23, 5:30 PM Bowers Museum Parking South to Delhi Park - Google Maps f * 6. Turn right onto W La Veta Ave 0.2 mi 7. Turn right to merge onto CA-22 W/Garden Grove Fwy 4.2 mi (i 8. Take exit 11 toward Euclid St 0.3 mi & 9. Turn right onto Trask Ave 0.3 mi f* 10. Turn right onto Newhope St 0 Destination will be on the right 1.1 mi 12 min (6.8 mi) Rosita Park 706 N Newhope St, Santa Ana, CA 92703 T 11. Head south on N Newhope St toward Jenkins St/Roosevelt Ave 0.9 mi t, 12. Turn left onto W McFadden Ave Pass by McDonald's (on the left in 0.5 mi) 1.9 mi �l 13. Turn left Destination will be on the right 249 ft 10 min (2.9 mi) Jerome Park 2115 W McFadden Ave, Santa Ana, CA 92704 T 14. Head west toward W McFadden Ave 295 ft 15. Turn right onto W McFadden Ave 0.5 mi t, 16. Turn left onto S Fairview St 0.5 mi f 17. Turn right onto W Edinger Ave 0.3 mi E1 18. Turn left onto S Mohawk Dr Destination will be on the right11 2 f RF . 99--WM Digital Marquees for Mu%re P§cations APP-96f 61 https://www.google.com/maps/dir/Bowers+Museum+Parking+South/Public+Art+"Santiago+Park+Mural",+Santiago+Creek+Bike+Trail,+Santa+Ana,+C... 2/4 7/6/23, 5:30 PM 5 min (1.4 mi) Bowers Museum Parking South to Delhi Park - Google Maps 3000 W Edinger Ave Santa Ana, CA 92704 T 19. Head south on S Mohawk Dr toward Centennial Rd 125 ft <, 20. Turn left onto Centennial Rd 0.4 mi t, 21. Turn left to stay on Centennial Rd 190 ft & 22. Turn right at the 1st cross street onto S Fairview St <, 23. Turn left onto W Segerstrom Ave t, 24. Turn left 7 min (2.3 mi) Carl Thornton Park 1801 W Segerstrom Ave, Santa Ana, CA 92704 T 25. Head south toward W Segerstrom Ave t, 26. Turn left at the 1 st cross street onto W Segerstrom Ave Pass by Taco Bell (on the left in 0.5 mi) T 27. Continue onto W Dyer Rd is Pass by Del Taco (on the right in 0.5 mi) <, 28. Turn left onto S Halladay St t, 29. Turn left Destination will be on the right 8 min (2.5 mi) 1.0 mi 0.8 mi 135 ft 98 ft 1.0 mi 1.0 mi 0.4 mi 164 ft RFC.'26-'O- A Digital Marquees for Muffi�br E&cations Pudybe-Yrtf 61 https://www.google.com/maps/dir/Bowers+Museum+Parking+South/Public+Art+"Santiago+Park+Mural',+Santiago+Creek+Bike+Trail,+Santa+Ana,+C... 3/4 a CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS BUSINESS ADDRESS PRINTED NAME OF AUTHORIZED AGENT TITLE SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y. 99-WM Digital Marquees for Mu%re Wcations PWOR96f 61 a CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: Contract Amount: EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Contract Amount: Phone Number: EMAIL: Year: Description of supplies, equipment, or services provided: Customer Name: Contact Individual: Address: Contract Amount: Phone Number: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y. 99-WM Digital Marquees for Mu%re 20cations PW9R-9?6f 61 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Signed and Printed Name: Title Date THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y. 99-WM Digital Marquees for Mu%re 29cations PWP��?gf 61 a CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of , County of Subscribed and sworn to (or affirmed) before me on this day of , 20 , by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y. 99-WM Digital Marquees for Mule 199ations PW9 6f 61 a CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y. 99-WM Digital Marquees for Mule lW ations APP-96f 61 a CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract RF Y. 99-WM Digital Marquees for Mu%re 19&tions PWPPS�gf 61 a CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y. 99-WM Digital Marquees for Mule 19�6tions APP-96f 61 (9) CITY OF SANTA ANA ATTACHMENT G SAM.gov VERIFICATION On April 4, 2022, the federal government discontinued use of the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: SAM.gov Registration Expiration Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y. 99-WM Digital Marquees for Mule 196ations AP 6f 61 ATTACHMENT H Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant Name and Title of Official Authorized to Certify On Behalf of the Consultant Date RF Y. 99-WM Digital Marquees for Mule Zgcations APP46f 61 ATTACHMENT H INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspension", "disqualified," "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction" unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. RF . 99dM Digital Marquees for Multl$re tg ations PW9P-P?6f 61 MAYOR ,. Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.orq ADDENDUM 1: TIMELINE EXTENSION REQUEST FOR PROPOSAL (RFP) NO. 23-099A DIGITAL MARQUEE INSTALLATION SERVICES August 3, 2023 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall Notice is hereby given to Proposers that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. A. The deadline to submit questions and requests for clarifications is changed to Tuesday, August 15th, 2023 at 4:00 PM (PDT). B. The deadline to submit proposals is changed to Tuesday, September 5th, 2023 at 4:00 PM P( DT)• C. RFP Document is revised to add the following Bond Requirements: A Performance Bond shall be required of the successful bidder when stated in the Specification. Certified or Cashier's check or Money Order may be submitted in lieu of Bond. Failure to submit acceptable Payment and Performance Bonds as required shall result in a rejection of the bid and a forfeiture of the proposal guarantee. The following Bond is required: 1. FAITHFUL PERFORMANCE BOND (Awarded Contractor Onlv): A Faithful Performance Bond is required for this RFP. The value of the performance bond shall be 100% of the contract price. Upon award, a Proposer must provide the City with a copy of the executed bond guaranteeing bidder's faithful performance of all provisions of the contract. D. Section VI. MINIMUM QUALIFICATIONS is replaced with the following: 1. Proposer must have minimum 5 years' experience in producing/procuring and installing high -quality digital signs in outdoor locations. 2. Proposers must possess a valid Class A General Engineering or C-45 Sign Contractor's License at the time proposals are opened and to maintain this and all SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcua(cDsanta-ana.om iessielopezCc�santa-ana.orp tphanasanta-ana.oro bvazquez(cDsanta-ana.oro pbacerraOsanta-ana.org irvanhernandez(cDsanta-ana.orp dpenalozaasanta-ana.oro City Council Page 1 of 16 — 107 8/6/2024 other applicable licenses and certifications required to perform the work specified in the RFP Document. E. RFP Document is revised to include the required document ATTACHMENT I: STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS, attached hereto. This form must be completed and included with the proposal. Proposals that do not contain this form will be considered nonresponsive. F. Section XIV. GENERAL TERMS AND CONDITIONS of the RFP Document is revised to include the following: CC. COMMUNITY WORKFORCE AGREEMENT For projects with bids greater than $750,000 for prime multi -trade construction contracts (including all subcontractors) or over $100,000 for specialty contracts (contracts either limited to a single trade or craft or limited to a singular scope of work), the Contractor shall adhere to the City's Community Workforce Agreement (CWA). This project is considered a specialty contract. The CWA is 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 is incorporated by reference in the Construction Contract. A copy of the CWA may be found in EXHIBIT V. G. EXHIBIT V — Community Workforce Agreement is attached hereto for proposers' reference. H. Section IX. CERTIFICATIONS (ATTACHMENTS) of the RFP Document is replaced with the following: "In addition to the SOQ, Narrative/Technical Proposal, and Cost Proposal, the following forms, included in this RFP, shall be signed and included as part of the proposal submittal package: • Attachment A: Proposer's Certification and Proposal Item Pricing • Attachment B: References • Attachment C: Proposer's Statement • Attachment D: Non -Collusion Affidavit • Attachment E: Non -Lobbying Certification • Attachment F: Non -Discrimination Certification • Attachment G: SAM.gov UEI Verification • Attachment H: Certificate of Debarment • Attachment I: Statement Regarding Community Workforce Agreement (CWA) Requirements" I. Two (2) high -resolution files of logo are available as separate files for bidders to download in order to produce possible design items. Sincerely, Jacques Lam, Buyer Purchasing Division SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcuaRDsantaana.oro iessielooezasanta-ana.oro tohan(dsanta-ana.om bvazpuezasanta-ana.om pbacerraasanta-ana.oro irvanhernandezasanta-ana.orp dpenaloza(cDsanta-ana.oro City Council Page 2 of 16 — 108 8/6/2024 (9) CITY OF SANTA ANA ATTACHMENT I STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1st, 2017. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Signed: Title: Firm: Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council Page 3 of le — 109 8/6/2024 EXHIBIT V COMMUNITY WORKFORCE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL AND THE SIGNATORY CRAFT COUNCILS AND UNIONS City Council Page 4 of 4g —110 8/6/2024 TABLE OF CONTENTS Page ARTICLE 1 DEFINITIONS 3 ARTICLE 2 SCOPE OF THE AGREEMENT 4 ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT 9 ARTICLE 4 UNION ACCESS AND STEWARDS 13 ARTICLE 5 WAGES AND BENEFITS 14 ARTICLE 6 HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS 15 ARTICLE 7 WORK STOPPAGES AND LOCKOUTS 17 ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES 20 ARTICLE 9 MANAGEMENT RIGHTS 21 ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES 23 ARTICLE 11 REGULATORY COMPLIANCE 25 ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY 26 ARTICLE 13 TRAVEL AND SUBSISTENCE 26 ARTICLE 14 APPRENTICES 26 ARTICLE 15 WORKING CONDITIONS 28 ARTICLE 16 PRE -JOB CONFERENCES 28 ARTICLE 17 LABOR/MANAGEMENT COOPERATION 28 ARTICLE 18 SAVINGS AND SEPARABILITY 29 ARTICLE 19 WAIVER 30 ARTICLE 20 AMENDMENTS 30 ARTICLE 21 DURATION OF THE AGREEMENT 30 ATTACHMENT A — LETTER OF ASSENT 33 ATTACHMENT B — ZIP CODES 34 ATTACHMENT C — CRAFT REQUEST FORM 37 ATTACHMENT D — LIST OF NEUTRAL ARBITRATORS 39 ATTACHMENT E— SUBSTANCE ABUSE POLICY 40 Co Ana ity ouncil Page 5 of �� —111 8/6 0 4 CITY OF SANTA ANA COMMUNITY WORKFORCE AGREEMENT This Community Workforce Agreement ("Agreement") is entered into on June 6, 2023 ("Effective Date"), by and between the City of Santa Ana, a municipal corporation ("City"), the Los Angeles/Orange Counties Building and Construction Trades Council ("Trades Council"), and the signatory Craft Councils and Local Unions signing this Agreement (collectively, the "Union" or "Unions"). This Agreement establishes the labor relations policies and procedures for the City, the Contractors awarded contracts for Project Work and for the crafts persons employed by the Contractors and represented by the Unions engaged in the Project Work as more fully described below. The City, Trades Council and Unions are hereinafter referred to herein, as the context may require, as "Party" or "Parties." It is understood by the Parties to this Agreement that for the duration of this Agreement, it shall be the policy of the City for all Project Work (as defined in Section 2.2.) to be contracted exclusively to Contractors who agree to execute and be bound by the terms of this Agreement, directly or through the Letter of Assent (a form of which is attached as "Attachment A"), and to require each of its subcontractors, of whatever tier, to become so bound. The City shall include, directly or by incorporation by reference, the requirements of this Agreement in the advertisement of and/or specifications for each and every contract for Project Work to be awarded by the City. It is further understood that the City shall actively administer and enforce the obligations of this Agreement to ensure that the benefits envisioned from it flow to all Parties, the Contractors and crafts persons working under it, and the residents of the City. The City shall therefore designate a "CWA Administrator," either from its own staff or an independent contractor, to serve as the City's liaison for Contractors and other persons; monitor compliance with this Agreement; assist, as the authorized representative of the City, in developing and implementing the programs referenced herein, all of which are critical to fulfilling the intent and purposes of the Parties and this Agreement; and to otherwise implement and administer this Agreement. ARTICLE 1 DEFINITIONS Section 1.1 "Agreement" or "CWA" means this Community Workforce Agreement. Section 1.2 "Apprentice" means those employees indentured and participating in a Joint Labor/Management Apprenticeship Program approved by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards. Section 1.3 "Construction Contract" or "Construction Contracts" means any contract entered into by the City, for the construction of Project Work as specified in Section 2.2. Section 1.4 "Contractor" means any individual firm, partnership or corporation, or combination thereof, including joint ventures, which is an independent business enterprise and which has entered into a Construction Contract with the City or any of its contractors or any of the City's or Co.Ana City ouncil Page 6 of 112 8/6 0 4 contractor's subcontractors of any tier, with respect to the construction of any part of a Project under contract terms and conditions approved by the City and which incorporate this Agreement. Section 1.5 "City" means the City of Santa Ana. Section 1.6 "Joint Labor/Management Apprenticeship Program" means a joint Union and Contractor administered apprenticeship program certified by the State of California, Department of Industrial Relations, Division of Apprenticeship Standards. Section 1.7 "Letter of Assent" means the document that each Contractor (of any tier) must sign and submit to the City before beginning any Project Work, which formally binds such Contractor(s) to adherence to all the forms, requirements and conditions of this Agreement in the form attached hereto as "Attachment A." Section 1.8 "CWA Administrator" means the City's authorized representative who will be the liaison between the City, Contractors, and the Unions; responds to inquiries about the CWA; charged with monitoring compliance with the CWA, developing and implementing programs set forth in the CWA including but not limited to grievance procedures. Section 1.9 "Project", "Project Work" or "City Project" means Capital Improvement Program projects administered through the City of Santa Ana Public Works Agency, subject to the State of California public contracting laws, pursuant to a Construction Contract entered into by the City, and as further described in Section 2.2. Section 1.10 "Specialty Contracts" means a contract for Project Work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work (i.e. installing a toilet.) Section 1.11 "Master Labor Agreements" means the local collective bargaining agreements of the signatory Unions having jurisdiction over the Project Work and which have signed this Agreement. Section 1.12 "Subscription Agreement" means the contract between a Contractor and a Union's Labor/Management Trust Fund(s) that allows the Contractor to make the appropriate fringe benefit contributions in accordance with the terms of the Master Labor Agreements. Section 1.13 The use of masculine or feminine gender or titles in this Agreement should be construed as including both genders and not as gender limitations unless the Agreement clearly requires a different construction. Further, the use of Article titles and/or Section headings are for information only, and carry no legal significance. ARTICLE 2 SCOPE OF THE AGREEMENT Section 2.1 General This Agreement shall apply to all of the City's Project Work, as defined in Section 2.2, performed by those Contractor(s) of whatever tier that have contracts awarded for Co.Ana City ouncil Page 7 of 113 8/6 ddf4 such work, for the development of the City's facilities which, jointly, constitute the Project, and have been designated by the City for construction or rehabilitation. The CWA administrator will submit annual reports to the City Council on this agreement. Section 2.2 Specific Project Work covered by this Agreement is defined and limited to: 2.2.1 All Public Works construction, as defined by the California Public Contract Code, and major rehabilitation work pursuant to "prime multi -trade construction contracts" that exceed seven hundred fifty thousand dollars ($750,000) and all subcontracts flowing from these prime multi -trade contracts. 2.2.2 All prime "Specialty Contracts," as defined in Section 1.10 that exceed one hundred thousand dollars ($100,000) and all subcontracts flowing from these specialty contracts. 2.2.3 The City may, at any time and at its sole discretion, determine to build additional buildings, facilities, and other projects under this Agreement which are not otherwise covered as Project Work. 2.2.4 Any Affordable Housing projects that receive City funds. 2.2.5 This Agreement is not intended to, and shall not apply to any work advertised for bids or performed at any time prior to the Effective Date, or after the expiration or termination of this Agreement, except as otherwise provided herein. This Agreement shall in no way limit the City's right to terminate, modify or rescind any construction contract and/or any related subcontract or agreement. Should the City remove or terminate any contract or agreement for construction that does not fall within the scope of this Agreement and thereafter authorize that work be commenced on any contract for such construction, the contract for construction shall be performed under the terms of this Agreement. Section 2.3 Bundling of Contracts 2.3.1 The City, in its sole discretion, may seek to group (or "bundle") for bidding, contracts not meeting the threshold of Section 2.2 above. (Small contracts for like types of work, scheduled to be undertaken at the same facility or on the same project site, and within the same timeframe, will be considered for such bundling, consistent with economies of scale, and the purposes of this Agreement); and 2.3.2 Project Work will not be intentionally split, divided or otherwise separated for contract award purposes to avoid application of this Agreement. Section 2.4 Applicability This Agreement shall not apply to any work of any Contractor other than that on Project Work specifically covered by this Agreement. Co.Ana City ouncil Page 8 of 114 8/6 ddf4 Section 2.5 Exclusions Items specifically excluded from the scope of this Agreement include the following: 2.5.1 Work of non -manual employees, including but not limited to: superintendents; teachers; supervisors (except those covered by Master Labor Agreements above the level of general foreman); staff engineers; time keepers; mail carriers; clerks; office workers; messengers; guards; safety personnel; emergency medical and first aid technicians; and other professional, engineering, executive, administrative, supervisory and management employees; 2.5.2 Equipment and machinery owned or controlled and operated by the City; 2.5.3 All off -site manufacture and handling of materials, equipment or machinery; provided, however, that lay down or storage areas for equipment or material and manufacturing (prefabrication) sites, dedicated solely to the Project, and the movement of materials or goods between such locations and a Project site are within the scope of this Agreement; 2.5.4 All work performed by City employees, the CWA Administrator, design teams (including, but not limited to architects engineers and master planners), or any other consultants for the City (including, but not limited to, project managers and construction managers and their employees where not engaged in Project Work) and their sub -consultants, and other employees of professional service organizations, not performing manual labor within the scope of this Agreement; provided, however, that it is understood and agreed that Surveyors and Building/Construction Inspector and Field Soils and Materials Testers (Inspectors) are a covered craft under the Agreement. This inclusion applies to the scope of work defined in the State of California Wage Determination for said Craft. This shall also specifically include such work where it is referred to by utilization of such terms as "quality control" or "quality assurance." Every Surveyor and Inspector performing under the wage classifications of Surveyor and Building/Construction Inspector and Field Soils and Material Testers under a professional services agreement or a construction contract shall be bound to all applicable requirements of the CWA. Covered Work as defined by this Agreement shall be performed pursuant to the terms and conditions of this Agreement regardless of the manner in which the work was awarded; 2.5.5 Any work performed near, or leading to a site of work covered by this Agreement and undertaken by state, county or other governmental bodies, or their Contractors; or by public utilities, or their Contractors; and/or by adjacent third -party landowners; and/or by the City or its Contractors (for work which is not within the scope of this Agreement); 2.5.6 Off -site maintenance of leased equipment and on -site supervision of such work; 2.5.7 It is recognized that certain equipment and systems of a highly technical and specialized nature will have to be installed at the Project. The nature of the equipment and systems, together with requirements of a manufacturer's warranty, may dictate that it be prefabricated, pre - piped, and/or pre -wired and that it be installed under the supervision and direction of the Owner's and/or manufacturer's personnel. The Unions agree to install such material, equipment and systems without incident, or allow such installation to be performed by the manufacturer's employees or a contractor certified by the manufacturer where the Unions are unable to perform Co.Ana City ouncil Page 9 of —115 8/6 ddf4 such work or the warranty requires the work to be performed by the employees of the manufacturer or a contractor certified by the manufacturer. If a warranty on the manufacturer's specialty or technical equipment or systems purchased by the Owner requires that the installation of such specialty or technical equipment or system be performed by the manufacturer's own personnel, then such installation may be performed by the manufacturer's own personnel. If a warranty on the manufacturer's specialty or technical equipment or systems purchased by the Owner requires that the installation of such specialty or technical equipment or system be performed by a contractor certified by the manufacturer, and there are no Union signatory contractors certified by the manufacturer to install and/or perform such work, then such installation may be performed by such certified contractor. The General Contractor shall notify the Unions at the pre job conference of the use of this provision and shall provide copies of the written warranty that require that the work be performed by the manufacturer's own personnel, or a contractor certified by the manufacturer, to the affected Union. When the warranty does not require installation by the manufacturer's own personnel or a contractor certified by the manufacturer, the Unions agree to perform and install such work under the supervision and direction of the manufacturer's representative. This shall not apply to construction equipment. 2.5.8 Non -construction support services contracted by the City, City consultants, the CWA Administrator, or Contractor in connection with a Project; 2.5.9 Laboratory work for testing. 2.5.10 Coverageption This Agreement shall not apply if the City receives funding or assistance from any Federal, State, local or other public entity for the Construction Contract if a requirement, condition or other term of receiving that funding or assistance, at the time of the awarding of the contract, is that the City not require, bidders, contractors, or other persons or entities to enter into an agreement with one or more labor organizations. The City agrees that it will make a reasonable effort to establish the enforcement of this Agreement with any governmental agency or granting authority. 2.5.11 Work on the Project performed as a result of a threat to life, limb or property or other emergency circumstances requiring immediate action. Section 2.6 Awarding of Contracts for Project Work 2.6.1 The City and/or the Contractors, as appropriate, have the absolute right to award contracts or subcontracts on Project Work to any Contractor notwithstanding the existence or non- existence of any agreements between such Contractor and any Union parties, provided only that such Contractor is ready, willing, and able to execute and comply with this Agreement should such Contractor be awarded work covered by this Agreement. 2.6.2 It is agreed that all Contractors of whatever tier, who have been awarded Project Work contracts, shall be required to accept and be bound to the terms and conditions of this Agreement, and shall evidence their acceptance by the execution of the Letter of Assent set forth in "Attachment A" hereto, prior to the commencement of any Project Work. At the time that any Contractor enters into a subcontract with any subcontractor of any tier providing for the performance of the construction contract, the Contractor shall provide a copy of this Agreement to Co.Ana City ouncil Page 10 of �J —116 8/6 ddf4 said subcontractor and shall require the subcontractor, as a part of accepting the award of a construction subcontract, to agree in writing in the form of a Letter of Assent to be bound by each and every provision of this Agreement prior to the commencement of work on the Project. No Contractor or subcontractor shall commence Project Work without having first provided a copy of the Letter of Assent as executed by it to the CWA Administrator and to the Trades Council before the commencement of Project Work. Section 2.7 Master Labor Agreements 2.7.1 The provisions of this Agreement, including the Master Labor Agreements as such may be changed from time -to -time and which also are incorporated herein by reference, shall apply to Project Work. This Agreement is not intended to supersede such Master Labor Agreements between any of the Contractors performing construction work on the Project and a Union signatory thereto except to the extent the provisions of this Agreement are inconsistent with such Master Labor Agreements, in which event the provisions of this Agreement shall apply. However, such does not apply to work performed under the National Cooling Tower Agreement, the National Stack Agreement, the National Transit Division Agreement (NTD), work within the jurisdiction of the International Union of Elevator Constructors, and all instrument calibration and loop checking work performed under the terms of the UA/IBEW Joint National Agreement for Instrument and Control Systems Technicians except that Article 9 dealing with Strikes, Work Stoppages and Lock -Outs, Work Assignments and Jurisdictional Disputes, and Settlement of Grievances and Disputes shall apply to such work. Where a subject is covered by the provisions of a Master Labor Agreement and not in conflict with the provisions of this Agreement, the provisions of the Master Labor Agreement shall apply. It is specifically agreed that no later agreement shall be deemed to have precedence over this Agreement unless signed by all parties signatory hereto who are then currently employed or represented at the Project. Any dispute as to the applicable source between this Agreement and any Master Labor Agreements for determining the wages, hours of working conditions of employees on this Project shall be resolved under the procedures established in Article 10. 2.7.2 It is understood that this Agreement, together with the referenced Master Labor Agreements, constitutes a self-contained, stand-alone agreement and by virtue of having become bound to this Agreement, the Contractor will not be obligated to sign any other local, area or national collective bargaining agreement as a condition of performing work within the scope of this Agreement (provided, however, that the Contractor may be required to sign a uniformly applied, non-discriminatory Subscription Agreement at the request of the trustees or administrator of a trust fund established pursuant to Section 302 of the Labor Management Relations Act, and to which such Contractor is bound to make contributions under this Agreement, provided that such Subscription Agreement does not purport to bind the Contractor beyond the terms and conditions of this Agreement and/or expand its obligation to make contributions pursuant thereto). It shall be the responsibility of the prime Contractor to have each of its subcontractors sign the appropriate Subscription Agreement, with the appropriate Craft Union prior to the subcontractor beginning work on Project Work. Co.Ana City ouncil Page 11 of �J —117 8/6 ddf4 Section 2.8 Binding Signatories Only This Agreement shall only be binding on the signatory Parties hereto, and shall not apply to the parents, affiliates, subsidiaries, or other ventures of any such Party not performing Project Work. Section 2.9 Other City Work Nothing contained herein shall be interpreted to prohibit, restrict, or interfere with the performance of any other operation, work or function not covered by this Agreement, which may be performed by City employees or contracted for by the City for its own account, on its property or in and around a Project site. Section 2.10 Separate Liability It is understood that the liability of the Contractor(s) and the liability of the separate Unions under this Agreement shall be several and not joint. The Unions agree that this Agreement does not have the effect of creating any joint employment status between or among the City or CWA Administrator and/or any Contractor. Section 2.11 Completed Project Work As areas of Project Work are accepted by the City, this Agreement shall have no further force or effect on such items or areas except where the Contractor is directed by the City or its representatives to engage in repairs, modification, check-out and/or warranties functions required by its contract(s) with the City under the original contract. ARTICLE 3 UNION RECOGNITION AND EMPLOYMENT Section 3.1 Reco ni o The Contractor recognizes the Trades Council and the Unions as the sole and exclusive bargaining representative for the employees engaged in Project Work. Contractors further recognize that the Unions shall be the primary source of all craft labor employed on the Projects. In the event that a Contractor has its own core workforce, said Contractor shall follow the procedures outlined below. Section 3.2 Contractor Selection of Employees The Contractor shall have the right to determine the competency of all employees, the number of employees required, the duties of such employees within their craft jurisdiction, and shall have the sole responsibility for selecting employees to be laid off, consistent with Section 3.3 and Section 4.2, below. The Contractor shall also have the right to reject any applicant referred by a Union for any reason, subject to any reporting pay required by Section 6.6; provided, however, that such right is exercised in good faith and not for the purpose of avoiding the Contractor's commitment to employ qualified workers through the procedures endorsed in this Agreement. Section 3.3 Referral Procedures 3.3.1 For signatory Unions now having a job referral system contained in a Master Labor Agreement, the Contractor agrees to comply with such system and it shall be used exclusively by such Contractor, except as modified by this Agreement. Such job referral system will be operated in a nondiscriminatory manner and in full compliance with federal, state, and local laws and regulations which require equal employment opportunities and non-discrimination. All of the foregoing hiring procedures, including related practices affecting apprenticeship, shall be operated Co.Ana City ouncil Page 12 of118 8/6 ddf4 so as to consider the goals of the City to encourage employment of City residents on the Project, and to facilitate the ability of all Contractors to meet their employment needs. 3.3.2 The local Unions will exert their best efforts to recruit and refer sufficient numbers of skilled craft workers to fulfill the labor requirements of the Contractor, including specific employment obligations to which the Contractor may be legally and/or contractually obligated; and to refer apprentices as requested to develop a larger, skilled workforce. The Unions will work with their affiliated regional and national unions, and jointly with the CWA Administrator and others designated by the City, to identify and refer competent craft persons as needed for Project Work, and to identify and hire individuals, particularly residents of the City, for entrance into joint labor/management apprenticeship programs, or to participate in other identified programs and procedures to assist individuals in qualifying and becoming eligible for such apprenticeship programs, all maintained to increase the available supply of skilled craft personnel for Project Work and future construction of maintenance work to be undertaken by the City. 3.3.3 The Union shall not knowingly refer an employee currently employed by a Contractor on a covered Project to any other Contractor. Section 3.4 Non -Discrimination in Referral, Employment, and Contracting The Unions and Contractors agree that they will not discriminate against any employee or applicant for employment in hiring and dispatching on the basis of race, color, religion, sex, gender, national origin, age, membership in a labor organization, sexual orientation, political affiliation, marital status or disability. Further, it is recognized that the City has certain policies, programs, and goals for the utilization of local small business enterprises. The Parties shall jointly endeavor to assure that these commitments are fully met, and that any provisions of this Agreement which may appear to interfere with local small business enterprises successfully bidding for work within the scope of this Agreement shall be carefully reviewed, and adjustments made as may be appropriate and agreed upon among the Parties, to ensure full compliance with the spirit and letter of the City's policies and commitment to its goals for the significant utilization of local small businesses as direct Contractors or suppliers for Project Work. Section 3.5 Employment of City Residents 3.5.1 The Unions and Contractors agree that, to the extent allowed by law, and as long as they possess the requisite skills and qualifications, the Unions will exert their best efforts to refer and/or recruit sufficient numbers of skilled craft "Local Residents," as defined herein, to fulfill the requirements of the Contractors. In recognition of the fact that the City and the communities surrounding Project Work will be impacted by the construction of the Project Work, the parties agree to support the hiring of workers from the residents of these surrounding areas, as well as Veterans and individuals who have successfully completed the Building Trades Multi -Craft Core Curriculum Pre -Apprenticeship Program, regardless of where they reside, for Project Work. Towards that end, the Unions shall exert their best efforts to encourage and provide referrals and utilization of qualified workers, first, to those residing in U. S. Postal Service zip codes which overlap all of the City of Santa Ana, as set forth in "Attachment B" attached hereto, as well as Veterans, regardless of where they reside ("Tier 1"). If the Unions cannot provide the Contractors in the attainment of a sufficient number of qualified workers from Tier 1, second, the Unions shall Co.Ana City ouncil Page 13 of �j —119 8/6 ddf4 exert their best efforts to then recruit and identify for referral qualified workers residing within the County of Orange and individuals who have successfully completed the Building Trades Multi - Craft Core Curriculum Pre -Apprenticeship Program, regardless of where they reside ("Tier 2"). For Dispatch purposes, employees residing within either of these two (2) tiers, as well as Veterans and individuals who have successfully completed the Building Trades Multi -Craft Core Curriculum Pre -Apprenticeship Program, regardless of where they reside, shall be referred to as Local Residents. 3.5.2 A goal of 30% of the total work hours performed on each Project shall be performed by Local Residents. 3.5.3 The Unions agree to support the operation of pre -apprentice referral programs in the City. Further, the Unions agree to place on their referral roles or in their apprentice training programs, as appropriate and needed, qualified persons sent to them by designated City organizations or other organizations working with the City to increase construction industry work opportunities for City residents. Section 3.6 Requirements on Contractors To facilitate the dispatch of Local Residents, all Contractors will be required to utilize the Craft Employee Request Form whenever they are requesting the referral of any employee from a Union referral list for any Covered Project, a sample of which is attached as "Attachment C." When Local Residents are requested by the Contractors, the Unions will refer such workers regardless of their place in the Unions' hiring halls' list and normal referral procedures. Section 3.7 Helmets to Hardhats The Contractors and the Unions recognize a desire to facilitate the entry into the building and construction trades of Veterans who are interested in careers in the building and construction industry. The Contractors and Unions agree to utilize the services of non-profit Veterans support organizations, including but not limited to, the Center for Military Recruitment, Assessment and Veterans Employment (hereinafter "Center") and the Center's "Helmets to Hardhats" program to serve as a resource for preliminary orientation, assessment of construction aptitude, referral to apprenticeship programs or hiring halls, counseling and mentoring, support network, employment opportunities and other needs as identified by the Parties. For purposes of this Agreement the term "Eligible Veteran" shall have the same meaning as the term "veteran" as defined under Title 5, Section 2108(l) of the United States Code as the same may be amended or re -codified from time to time. It shall be the responsibility of each qualified applicant to provide the Unions with proof of his/her status as an Eligible Veteran. 3.7.1 The Unions and Contractors agree to coordinate with non-profit Veteran organizations, including, the Center to create and maintain an integrated database of veterans interested in working on this Project Work and of apprenticeship and employment opportunities for working on Project Work. To the extent permitted by law, the Unions will give credit to such Veterans for bona fide, provable past experience. Co..iAna City ouncil Page 14 of — 120 8/6 0 4 Section 3.8 Core Employees 3.8.1 Contractors not currently signatory to a Master Labor Agreement may employ, as needed, first, a member of its core workforce, then an employee through a referral from the appropriate Union hiring hall, then a second core employee, then a second employee through the referral system, and so on until a maximum of five (5) core employees are employed in the Contractor's workforce, thereafter, all additional employees in the affected trade or craft shall be requisitioned from the craft hiring hall in accordance with Section 3.3. In the laying off of employees, the number of core employees shall not exceed one-half plus one of the workforce for an employer with 10 or fewer employees, assuming the remaining employees are qualified to undertake the work available. As part of this process, and in order to facilitate the contract administration procedures, as well as appropriate fringe benefit fund coverage, all Contractors shall require their core employees and any other persons employed other than through the referral process, to register with the appropriate Union hiring hall, if any, prior to their first day of employment at a project site. 3.8.2 The core work force is comprised of those employees whose names appeared on the Contractor's active payroll for sixty (60) of the one hundred (100) working days immediately before award of Project Work to the Contractor; who have worked at least two -thousand (2,000) hours in the construction craft in which they are employed, during the prior four (4) years; who possess any license required by state or federal law for the Project Work to be performed; and, who have the ability to safely perform the basic functions of the applicable trade. 3.8.3 Prior to each Contractor performing any work on the Project, each Contractor shall provide a list of his core employees to the CWA Administrator and the Trades Council. Failure to do so will prohibit the Contractor from using any core employees. Upon request by any Party to this Agreement, the Contractor hiring any core employee shall provide satisfactory proof (i.e., payroll records, quarterly tax records, driver's license, voter registration, postal address and such governmental documentation) evidencing the core employee's qualification as a core employee to the CWA Administrator and the Trades Council. Section 3.9 Time for Referral If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within forty-eight (48) hours (excluding Saturdays, Sundays and holidays), that Contractor may use employment sources other than the Union registration and referral services, and may employ applicants meeting such classification from any other available source. The Contractors shall inform the Union of any applicants hired from other sources and such applicants shall register with the appropriate hiring hall, if any, before commencing work. Section 3.10 Lack of Referral Procedure If a signatory Union does not have a job referral system as set forth in Section 3.3 above, the Contractors shall give the Union equal opportunity to refer applicants. Contractors shall notify the Union of employees so hired, as set forth in Section 3.5. Section 3.11 Union Membership Employees are not required to become or remain union members or pay dues or fees as a condition of performing Project Work under this Agreement. Co.Ana City ouncil Page 15 of — 121 8/6 ddf4 Contractors shall make and transmit all deductions for union dues, fees, and assessments that have been authorized by employees in writing in accordance with the applicable Master Labor Agreement. Nothing in this Section 3.11 is intended to supersede independent requirements of applicable Master Labor Agreements as to those Contractors otherwise signatory to such Master Labor Agreements and as to the employees of those Contractors who are performing Project Work Section 3.12 Individual Seniority Except as provided in Section 4.3, individual seniority shall not be recognized or applied to employees working on Project Work; provided, however, that group and/or classification seniority in a Union's Master Labor Agreement as of the Effective Date of this Agreement shall be recognized for purposes of layoffs. Section 3.13 Foremen The selection and number of craft foreman and/or general foreman shall be the responsibility of the Contractor. All foremen shall take orders exclusively from the designated Contractor representatives. Craft foreman shall be designated as working foreman at the request of the Contractors. Section 3.14 Out of State Workers In determining compliance with the targeted hiring goals of Section 3.5 above, hours of Project Work performed by residents of states other than California will be excluded from the calculation. ARTICLE 4 UNION ACCESS AND STEWARDS Section 4.1 Access to Project Sites Authorized representatives of the Union shall have access to Project Work, provided that they do not interfere with the work of employees and further provided that such representatives shall notify the person charged with on -site project supervision and fully comply with posted visitor, security and safety rules. Section 4.2 Stewards 4.2.1 Each signatory Union shall have the right to dispatch a working journeyperson as a steward for each shift, and shall notify the Contractor in writing of the identity of the designated steward or stewards prior to the assumption of such person's duties as steward. Such designated steward or stewards shall not exercise any supervisory functions. There will be no non -working stewards. Stewards will receive the regular rate of pay for their respective crafts. 4.2.2 In addition to his/her work as an employee, the steward should have the right to receive, but not to solicit, complaints or grievances and to discuss and assist in the adjustment of the same with the employee's appropriate supervisor. Each steward should be concerned only with the employees of the steward's Contractor and, if applicable, subcontractor(s), and not with the employees of any other Contractor. A Contractor will not discriminate against the steward in the proper performance of his/her Union duties. 4.2.3 When a Contractor has multiple, non-contiguous work locations at one site, the Contractor may request and the Union shall appoint such additional working stewards as the Co.Ana City ouncil Page 16 of122 8/6 ddf4 Contractor requests to provide independent coverage of one or more such locations. In such cases, a steward may not service more than one work location without the approval of the Contractor. 4.2.4 The stewards shall not have the right to determine when overtime shall be worked or who shall work overtime. Section 4.3 Steward Layoff/Discharge Contractor agrees to notify the appropriate Union twenty-four (24) hours before the layoff of a steward, except in the case of disciplinary discharge for just cause. If the steward is protected against such layoff by the provisions of the applicable Master Labor Agreement, such provisions shall be recognized when the steward possesses the necessary qualifications to perform the remaining work. In any case in which the steward is discharged or disciplined for just cause, the appropriate Union will be notified immediately by the Contractor, and such discharge or discipline shall not become final (subject to any later filed grievance) until twenty-four (24) hours after such notice has been given. ARTICLE 5 WAGES AND BENEFITS Section 5.1 Wages All employees covered by this Agreement shall be classified in accordance with work performed and paid by the Contractors the hourly wage rates for those classifications in compliance with the applicable prevailing wage rate determination established pursuant to applicable law. If a prevailing rate increases under law, the Contractor shall pay that rate as of its effective date under the law. This Agreement does not relieve Contractors directly signatory to a Master Labor Agreement with one of the Unions signing this Agreement from paying all of the wages set forth in such Agreements. Section 5.2 Benefits 5.2.1 Contractors shall pay contributions to the established employee benefit funds in the amounts designated in the appropriate Master Labor Agreement and make all employee — authorized deductions in the amounts designated in the appropriate Master Labor Agreement, however, such contributions shall not exceed the contribution amounts set forth in the applicable prevailing wage determination. This Agreement does not relieve Contractors directly signatory to one or more of the Master Labor Agreements from making all contributions set forth in those Master Labor Agreements without reference to the foregoing. 5.2.2 The Contractor adopts and agrees to be bound by the written terms of the applicable, legally established, trust agreement(s) specifying the detailed basis on which payments are to be made into, and benefits paid out of, such trust funds for its employees. The Contractor authorizes the Parties to such trust funds to appoint trustees and successor trustees to administer the trust funds and hereby ratifies and accepts the trustees so appointed as if made by the Contractor. 5.2.3 Each Contractor and subcontractor is required to certify to the CWA Administrator that it has paid all benefit contributions due and owing to the appropriate Trust(s) prior to the receipt of its final payment and/or retention. Further, upon timely notification by a Union to the CWA Administrator, the CWA Administrator shall work with any prime Contractor or Co.Ana City ouncil Page 17 of 123 8/6 0 4 subcontractor who is delinquent in payments to assure that proper benefit contributions are made, to the extent of requesting the City or the prime Contractor to withhold payments otherwise due such Contractor, until such contributions have been made or otherwise guaranteed. Section 5.3 Wage Premiums Wage premiums, including but not limited to pay based on height of work, hazard pay, scaffold pay and special skills shall not be applicable to work under this Agreement, except to the extent provided for in any applicable prevailing wage determination. ARTICLE 6 HOURS OF WORK, OVERTIME, SHIFTS AND HOLIDAYS Section 6.1 Hours of Work Eight (8) hours per day between the hours of 6:00 a.m. and 5:30 p.m., plus one-half (1/2) hour unpaid lunch approximately mid -way through the shift, shall constitute the standard work day. Forty (40) hours per week shall constitute a regular week's work. The work week will start on Sunday and conclude on Saturday. The foregoing provisions of this Article are applicable unless otherwise provided in the applicable prevailing wage determination, or unless changes are permitted by law and such are agreed upon by the Parties. Nothing herein shall be construed as guaranteeing any employee eight (8) hours per day or forty (40) hours per week, or a Monday through Friday standard work schedule. Section 6.2 Place of Work Employees shall be at their place of work (as designated by the Contractor), at the starting time and shall remain at their place of work, performing their assigned functions, until quitting time. The place of work is defined as the gang or tool box or equipment at the employee's assigned work location or the place where the foreman gives instructions. The Parties reaffirm their policy of a fair day's work for a fair day's wage. Except as provided in Section 6.6, there shall be no pay for time not worked unless the employee is otherwise engaged at the direction of the Contractor. Section 6.3 Overtime Overtime shall be paid in accordance with the requirements of the applicable prevailing wage determination. There shall be no restriction on the Contractor's scheduling of overtime or the nondiscriminatory designation of employees who will work overtime. There shall be no pyramiding of overtime (payment of more than one form of overtime compensation for the same hour) under any circumstances. Section 6.4 Shifts and Alternate Work Schedules 6.4.1 Alternate starting and quitting time and/or shift work may be performed at the option of the Contractor upon three (3) days' prior notice to the affected Union(s), unless a shorter notice period is provided for in the applicable Master Labor Agreement If two shifts are worked, each shall consist of eight (8) hours of continuous work exclusive of a one-half (1/z) hour non -paid lunch period, for eight (8) hours pay. The last shift shall start on or before 6:00 p.m. The first shift starting at or after 6:00 a.m. is designated as the first shift, with the second shift following. 6.4.2 Contractors, the Trades Council and the Union recognize the economic impact upon the City and City residents of the Project being undertaken by the City and agree that all Parties to Co.Ana City ouncil Page 18 of124 8/6 0 4 this Agreement desire and intend Project Work to be undertaken in a cost efficient and effective manner to the highest standard of quality and craftsmanship. Recognizing the economic conditions, the Parties agree that, except to the extent permitted by law, employees performing Project Work shall not be entitled to any differentials or additional pay based upon the shift or work schedule of the employees. Instead, all employees working on Project Work shall be paid at the same base rate regardless of shift or work schedule worked. 6.4.3 Because of operational necessities, the second shift may, at the City's direction, be scheduled without the preceding shift having been worked. It is recognized that the City's operations and/or mitigation obligations may require restructuring of normal work schedules. Except in an emergency or when specified in the City's bid specification, the Contractor shall give affected Union(s) at least three (3) days' notice of such schedule changes. Section 6.5 Holidays Recognized holidays for Project Work shall be those set forth and governed by the prevailing wage determination(s) applicable to such Project Work. Section 6.6 Show -up Pay 6.6.1 Except as otherwise required by State law, Employees reporting for work and for whom no work is provided, except when given prior notification not to report to work, shall receive two (2) hours pay at the regular straight time hourly rate. Employees who are directed to start work shall receive four (4) hours of pay at the regular straight time hourly rate. Employees who work beyond four (4) hours shall be paid for actual hours worked. Whenever reporting pay is provided for employees, they will be required to remain at the Project Site and available for work for such time as they receive pay, unless released earlier by the principal supervisor of the Contractor(s) or his/her designated representative. Each employee shall furnish his/her Contractor with his/her current address and telephone number, and shall promptly report any changes to the Contractor. 6.6.2 An employee called out to work outside of his/her shift shall receive a minimum of two (2) hours pay at the appropriate rate. This does not apply to time worked as an extension of (before or after) the employee's normal shift. 6.6.3 When an employee leaves the job or work location of his/her own volition, or is discharged for cause or is not working, the employee shall only be paid for actual time worked. Section 6.7 Meal Periods The Contractor will schedule a meal period of no more than one-half hour duration at the work location at approximately mid -point of the schedule shift; provided, however, that the Contractor may, for efficiency of the operation, establish a schedule which coordinates the meal periods of two or more crafts. An employee may be required to work through his meal period because of an emergency or a threat to life or property, or for such other reasons as are in the applicable Master Labor Agreement, and if he is so required, he shall be compensated in the manner established in the applicable Master Labor Agreement. Section 6.8 Make-up Days To the extent permitted by the applicable general wage determination, when an employee has been prevented from working for reasons beyond the control of the employer, including, but not limited to inclement weather or other natural causes, during the Co.Ana City ouncil Page 19 of125 8/6 ddf4 regularly scheduled work week, a make-up day may be worked on a non -regularly scheduled work day for which an employee shall receive eight (8) hours pay at the straight time rate of pay or any premium rate required for such hours under the state prevailing wage law. ARTICLE 7 WORK STOPPAGES AND LOCK -OUTS Section 7.1 No Work Stoppages or Disruptive Activity The Trades Council and the Unions signatory hereto agree that neither they, and each of them, nor their respective officers or agents or representatives, shall incite or encourage, condone or participate in any strike, walk -out, slow- down, picketing, observing picket lines or other activity of any nature or kind whatsoever, for any cause or dispute whatsoever with respect to or in any way related to Project Work, or which interferes with or otherwise disrupts, Project Work, or with respect to or related to the City or Contractors, including, but not limited to, economic strikes, unfair labor practice strikes, safety strikes, sympathy strikes and jurisdictional strikes whether or not the underlying dispute is arbitrable. Any such actions by the Trades Council, or Unions, or their members, agents, representatives or the employees they represent shall constitute a violation of this Agreement. The Trades Council and the Union shall take all steps necessary to obtain compliance with this Article and neither should be held liable for conduct for which it is not responsible. Section 7.2 Employee Violations The Contractor may discharge any employee violating Section 7.1 above and any such employee will not be eligible for rehire under this Agreement. Section 7.3 Standing to Enforce The City, the CWA Administrator, or any Contractor affected by an alleged violation of Section 7.1 shall have standing and the right to enforce the obligations established therein. Section 7.4 Expiration of Master Labor Agreement If the Master Labor Agreement, or any local, regional, and other applicable collective bargaining agreements expire during the term of the Project, the Union(s) agree that there shall be no work disruption of any kind as described in Section 7.1 above as a result of the expiration of any such agreement(s) having application on this Project and/or failure of the involved Parties to that agreement to reach a new contract. Terms and conditions of employment established and set at the time of bid shall remain established and set. Otherwise to the extent that such agreement does expire and the Parties to that agreement have failed to reach concurrence on a new contract, work will continue on the Project on one of the following two (2) options, both of which will be offered by the Unions involved to the Contractors affected: 7.4.1 Each of the Unions with a contract expiring must offer to continue working on the Project under interim agreements that retain all the terms of the expiring contract, except that the Unions involved in such expiring contract may each propose wage rates and employer contribution rates to employee benefit funds under the prior contract different from what those wage rates and employer contributions rates were under the expiring contracts. The terms of the Union's interim agreement offered to Contractors will be no less favorable than the terms offered by the Union to any other employer or group of employers covering the same type of construction work in Orange County. Co.Ana City ouncil Page 20 of 126 8/6 0 4 7.4.2 Each of the Unions with a Master Labor Agreement expiring must offer to continue working on the Project under all the terms of the expiring contract, including the wage rates and employer contribution rates to the employee benefit funds, if the Contractor affected by that expiring contract agrees to the following retroactive provisions: if a new Master Labor Agreement, local, regional or other applicable labor agreement for the industry having application at the Project is ratified and signed during the term of this Agreement and if such new labor agreement provides for retroactive wage increases, then each affected Contractor shall pay to its employees who performed work covered by this Agreement at the Project during the hiatus between the effective dates of such expired and new labor agreements, an amount equal to any such retroactive wage increase established by such new labor agreement, retroactive to whatever date is provided by the new labor agreement for such increase to go into effect, for each employee's hours worked on the Project during the retroactive period. All Parties agree that such affected Contractors shall be solely responsible for any retroactive payment to its employees. 7.4.3 Some Contractors may elect to continue to work on the Project under the terms of the interim agreement option offered under paragraph 7.4.1 and other Contractors may elect to continue to work on the Project under the retroactivity option offered under paragraph 7.4.2. To decide between the two options, Contractors will be given one week after the particular labor agreement has expired or one week after the Union has personally delivered to the Contractors in writing its specific offer of terms of the interim agreement pursuant to paragraph 7.4.1, whichever is the later date. If the Contractor fails to timely select one of the two options, the Contractor shall be deemed to have selected the provisions of 7.4.2. Section 7.5 No Lockouts Contractors shall not cause, incite, encourage, condone or participate in any lock -out of employees with respect to Project Work during the term of this Agreement. The term "lock -out" refers only to a Contractor's exclusion of employees in order to secure collective bargaining advantage, and does not refer to the discharge, termination or layoff of employees by the Contractor for any reason in the exercise of rights pursuant to any provision of this Agreement, or any other agreement, nor does "lock -out" include the City's decision to stop, suspend or discontinue any Project Work or any portion thereof for any reason. Section 7.6 Best Efforts to End Violations 7.61 If a Contractor contends that there is any violation of this Article or Section 8.3, it shall notify, in writing, the Executive Secretary of the Trades Council, the Senior Executive of the involved Union(s) and the CWA Administrator. The Executive Secretary and the leadership of the involved Union(s) will immediately instruct, order and use their best efforts to cause the cessation of any violation of the relevant Article. 7.6.2 If the Union contends that any Contractor has violated this Article, it will notify that the Contractor and the CWA Administrator, setting forth the facts which the Union contends violate the Agreement, at least twenty-four (24) hours prior to invoking the procedures of Section 7.8. The CWA Administrator shall promptly order the involved Contractor(s) to cease any violation of the Article. Co.Ana City ouncil Page 21 of127 8/6 0 4 Section 7.7 Withholding of services for failure to pay wages and fringe benefits 7.7.1 Notwithstanding any provision of this Agreement to the contrary, it shall not be a violation of this Agreement for any Union to withhold the services of its members (but not the right to picket) from a particular Contractor who: (a) fails to timely pay its weekly payroll; or (b) fails to make timely payments to the Union's Joint Labor/Management Trust Funds in accordance with the provisions of the applicable Master Labor Agreements. Prior to withholding its members' services for the Contractor's failure to make timely payments to the Union's Joint Labor/Management Trust Funds, the Union shall give at least ten (10) days (unless a lesser period of time is provided in the Union's Master Labor Agreement, but in no event less than forty-eight (48) hours) written notice of such failure to pay by registered or certified mail, return receipt requested, and by facsimile transmission to the involved Contractor and to the City. Union will meet within the ten (10) day period to attempt to resolve the dispute. 7.7.2 Upon the payment of the delinquent Contractor of all monies due and then owing for wages and/or fringe benefit contributions, the Union shall direct its members to return to work and the Contractor shall return all such members back to work. Section 7.8 Expedited Enforcement Procedure Any party, including the City, which the Parties agree is a Party to the Agreement for purposes of this Article and an intended beneficiary of this Article, or the CWA Administrator, may institute the following procedures, in lieu of or in addition to any other action at law or equity, when a breach of Section 7.1 or 7.5, above, or Section 8.3 is alleged. 7.8.1 The Party invoking this procedure shall notify the first arbitrator identified in the List of Arbitrators attached hereto as Attachment D. If this arbitrator identified in Attachment D is unavailable at any time, any one of the permanent Arbitrators who is notified shall appoint his alternate to hear the matter. Expenses incurred in arbitration shall be borne equally by the Parties involved in the arbitration and the decision of the arbitrator shall be final and binding on the Parties, provided, however, that the arbitrator shall not have the authority to alter or amend or add to or delete from the provisions of this Agreement in any way. Notice to the arbitrator shall be by the most expeditious means available, with notices to the Parties alleged to be in violation, and to the Trades Council if it is a Union alleged to be in violation. For purposes of this Article, written notice may be given by telegram, facsimile, hand delivery or overnight mail and will be deemed effective upon receipt. 7.8.2 Upon receipt of said notice, the arbitrator named above or his/her alternate shall sit and hold a hearing within twenty-four (24) hours if it is contended that the violation still exists, but not sooner than twenty-four (24) hours after notice has been dispatched to the Executive Secretary and the Senior Official(s) as required by Section 7.6, as above. 7.8.3 The arbitrator shall notify the Parties of the place and time chosen for this hearing. Said hearing shall be completed in one session, which, with appropriate recesses at the arbitrator's Co.Ana City ouncil Page 22 of128 8/6 0 4 discretion, shall not exceed 24 hours unless otherwise agreed upon by all Parties. A failure of any Party or Parties to attend said hearings shall not delay the hearing of evidence or the issuance of any award by the arbitrator. 7.8.4 The sole issue at the hearing shall be whether or not a violation of Sections 7.1 or 7.5, above, or Section 8.3 has in fact occurred. The arbitrator shall have no authority to consider any matter in justification, explanation or mitigation of such violation. The award shall be issued in writing within three (3) hours after the close of the hearing, and may be issued without an opinion. If any Party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay compliance with, or enforcement of, the Award. The arbitrator may order cessation of the violation of the Article and other appropriate relief, and such award shall be served on all Parties by hand or registered mail upon issuance. 7.8.5 Such award shall be final and binding on all Parties and may be enforced by any court of competent jurisdiction upon the filing of this Agreement and all other relevant documents referred to herein above in the following manner. Written notice of the filing of such enforcement proceedings shall be given to the other Party. In any judicial proceeding to obtain a temporary order enforcing the arbitrator's award as issued under this Article, all Parties waive the right to a hearing and agree that such proceedings may be ex parte. Such agreement does not waive any Party's right to participate in a hearing for a final order of enforcement. The court's order or orders enforcing the arbitrator's award shall be served on all Parties by hand or by delivery to their address as shown on this Agreement (for a Union), as shown on their business contract for work under this Agreement (for a Contractor) and to the representing Union (for an employee), by certified mail by the Party or Parties first alleging the violation. 7.8.6 Any rights created by statute or law governing arbitration proceedings inconsistent with the above procedure or which interfere with compliance hereto are hereby waived by the Parties to whom they accrue. 7.8.7 The fees and expenses of the arbitrator shall be equally divided between the Party or Parties initiating this procedure and the respondent Party or Parties. ARTICLE 8 WORK ASSIGNMENTS AND JURISDICTIONAL DISPUTES Section 8.1 Assignment of Work The assignment of Project Work will be solely the responsibility of the Contractor performing the work involved; and such work assignments will be in accordance with the Plan for the Settlement of Jurisdictional Disputes in the Construction Industry (the "Plan") or any successor Plan. Section 8.2 The Plan All jurisdictional disputes on Project Work between or among the building and construction trades Unions and the craft employers parties to this Agreement, shall be settled and adjusted according to the present Plan established by the Building and Construction Trades Department or any other plan or method of procedure that may be adopted in the future by the Building and Construction Trades Department. Decisions rendered shall be final, binding and conclusive on the Employers and Unions parties to this Agreement. Co.Ana City ouncil Page 23 of � — 129 M6 0 4 8.2.1 If a dispute arising under this Article involves the Southwest Mountain States Regional Council of Carpenters or any of its subordinate bodies, an Arbitrator shall be chosen by the procedures specified in Article V, Section 5, of the Plan from a list composed of John Kagel, Robert Hirsch, and Thomas Pagan, and the Arbitrator's hearing on the dispute shall be held at the offices of the Trades Council within fourteen (14) days of the selection of the Arbitrator. All other procedures shall be as specified in the Plan. Section 8.3 No Work Disruption Over Jurisdiction All jurisdictional disputes shall be resolved without the occurrence of any strike, work stoppage, or slow -down of any nature, and the Employer's assignment shall be adhered to until the dispute is resolved. Individuals violating this section shall be subject to immediate discharge. Section 8.4 Pre -Job Conferences As provided in Article 16, each Contractor will conduct a pre job conference with the appropriate affected Union(s) prior to commencing work; provided however, at no time shall the City be responsible for additional costs related to, associated with, or resulting from Union(s) jurisdictional disputes. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. Section 8.5 Resolution of Jurisdictional Disputes If any actual or threatened strike, sympathy strike, work stoppage, slow down, picketing, hand -billing or otherwise advising the public that a labor dispute exists, or interference with the progress of Project Work by reason of a jurisdictional dispute or disputes occurs, the Parties shall exhaust the expedited procedures set forth in the Plan, if such procedures are in the plan then currently in effect, or otherwise as in Article 7 above. ARTICLE 9 MANAGEMENT RIGHTS Section 9.1 Contractor and City Rights The Contractors and the City have the sole and exclusive right and authority to oversee and manage construction operations on Project Work without any limitations unless expressly limited or required by a specific provision of this Agreement or an MLA. In addition to the following and other rights of the Contractors enumerated in this Agreement, the Contractors expressly reserve their management rights and all the rights conferred upon them by law. The Contractor's rights include, but are not limited to, the right to: (a) Plan, direct and control operations of all work; (b) Hire, promote, transfer and layoff their own employees, respectively, as deemed appropriate to satisfy work and/or skill requirements; (c) Promulgate and require all employees to observe reasonable job rules and security and safety regulations; (d) Discharge, suspend or discipline their own employees for just cause; (e) Utilize, in accordance with City approval, any work methods, procedures or techniques, and select, use and install any types or kinds of materials, apparatus or equipment, Co.Ana City ouncil Page 24 of — 130 8/6 0 4 regardless of source of manufacture or construction; assign and schedule work at their discretion; and (f) Assign overtime, determine when it will be worked and the number and identity of employees engaged in such work, subject to such provisions in the applicable Master Labor Agreement (s) requiring such assignments be equalized or otherwise made in a nondiscriminatory manner. Section 9.2 Specific City Rights In addition to the following and other rights of the City enumerated in this Agreement, the City expressly reserves its management rights and all the rights conferred on it by law. The City's rights (and those of the Contract Administrator on its behalf) include but are not limited to the right to: (a) Inspect any construction site or facility to ensure that the Contractor follows the applicable safety and other work requirements; (b) Require Contractors to establish a different work week or shift schedule for particular employees as required to meet the operational needs of the Project Work at a particular location; (c) At its sole option, terminate, delay and/or suspend any and all portions of the covered work at any time; prohibit some or all work on certain days or during certain hours of the day to accommodate the ongoing operations of the City's Facilities and/or to mitigate the effect of ongoing Project Work on businesses and residents in the neighborhood of the Project site; and/or require such other operational or schedule changes it deems necessary, in its sole judgment, to effectively maintain its primary mission and remain a good neighbor to those in the area of its facilities. (In order to permit the Contractors and Unions to make appropriate scheduling plans, the City will provide the CWA Administrator, and the affected Contractor(s) and Union(s) with reasonable notice of any changes it requires pursuant to this section; provided, however, that if notice is not provided in time to advise employees not to report for work, show -up pay shall be due pursuant to the provision of Article 6, Section 6.6); (d) Approve any work methods, procedures and techniques used by Contractors whether or not these methods, procedures or techniques are part of industry practices or customs; and (e) Investigate and process complaints, through the CWA Administrator, in the matter set forth in Articles 7 and 10. Section 9.3 Use of Materials There should be no limitations or restriction by Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the State Public Contracts and Labor Codes as required by law. The onsite installation or application of such items shall be performed by the craft having jurisdiction over such work. Co.Ana City ouncil Page 25 of — 131 8/6 0 4 Section 9.4 Special Equipment, Warranties and Guaranties 9.4.1 It is recognized that certain equipment of a highly technical and specialized nature may be installed at Project Work sites. The nature of the equipment, together with the requirements for manufacturer's warranties, may dictate that it be prefabricated pre -piped and/or pre -wired and that it be installed under the supervision and direction of the City's and/or manufacturer's personnel. The Unions agree to install such equipment without incident. 9.4.2 The Parties recognize that the Contractor will initiate from time to time the use of new technology, equipment, machinery, tools, and other labor -savings devices and methods of performing Project Work. The Union agrees that they will not restrict the implementation of such devices or work methods. The Unions will accept and will not refuse to handle, install or work with any standardized and/or catalogue: parts, assemblies, accessories, prefabricated items, preassembled items, partially assembled items, or materials whatever their source of manufacture or construction. 9.4.3 If any disagreement between the Contractor and the Unions concerning the methods of implementation or installation of any equipment, or device or item, or method of work, arises, or whether a particular part or pre -assembled item is a standardized or catalog part or item, the work will precede as directed by the Contractor and the Parties shall immediately consult over the matter. If the disagreement is not resolved, the affected Union(s) shall have the right to proceed through the procedures set forth in Article 10. Section 9.5 No Less Favorable Treatment The parties agree that Project Work will not receive less favorable treatment than that on any other project which the Unions, Contractors and employees work. ARTICLE 10 SETTLEMENT OF GRIEVANCES AND DISPUTES Section 10.1 Cooperation and Harmony on Site 10.1.1 This Agreement is intended to establish and foster continued close cooperation between management and labor. The Trades Council shall assign a representative to this Project for the purpose of assisting the local Unions, and working with the CWA Administrator, together with the Contractors, to complete the construction of the Project economically, efficiently, continuously and without any interruption, delays or work stoppages. 10.1.2 The CWA Administrator, the Contractors, Unions, and employees collectively and individually, realize the importance to all Parties of maintaining continuous and uninterrupted performance Project Work, and agree to resolve disputes in accordance with the grievance provisions set forth in this Article or, as appropriate, those of Article 7 or 8. 10.1.3 The CWA Administrator shall oversee the processing of grievances under this Article and Articles 7 and 8, including the scheduling and arrangements of facilities for meetings, selection of the arbitrator from the agreed -upon panel to hear the case, and any other administrative Co.Ana City ouncil Page 26 of � — 132 M6 0 4 matters necessary to facilitate the timely resolution of any dispute; provided, however, it is the responsibility of the principal parties to any pending grievance to insure the time limits and deadlines are met. Section 10.2 Processing Grievances Any questions arising out of and during the term of this Agreement involving its interpretation and application, which includes applicable provisions of the Master Labor Agreement, but not jurisdictional disputes or alleged violations of Section 7.1 and 7.4 and similar provisions, shall be considered a grievance and subject to resolution under the following procedures. Step 1. Employee Grievances When any employee subject to the provisions of this Agreement feels aggrieved by an alleged violation of this Agreement, the employee shall, through his local Union business representative or, job steward, within ten (10) working days after the occurrence of the violation, give notice to the work site representative of the involved Contractor stating the provision(s) alleged to have been violated. A business representative of the local Union or the job steward and the work site representative of the involved Contractor shall meet and endeavor to resolve the matter within ten (10) working days after timely notice has been given. If they fail to resolve the matter within the prescribed period, the grieving party may, within ten (10) working days thereafter, pursue Step 2 of this grievance procedure provided the grievance is reduced to writing, setting forth the relevant information, including a short description thereof, the date on which the alleged violation occurred, and the provision(s) of the Agreement alleged to have been violated. Grievances and disputes settled at Step 1 shall be non-precedential except as to the parties directly involved. Union or Contractor Grievances Should the Union(s) or any Contractor have a dispute with the other Party(ies) and, if after conferring within ten (10) working days after the disputing Party knew or should have known of the facts or occurrence giving rise to the dispute, a settlement is not reached within five (5) working days, the dispute shall be reduced to writing and processed to Step 2 in the same manner as outlined in Step 1 above for the adjustment of an employee complaint. Step 2. The business manager of the involved Union or his designee, together with the site representative of the involved Contractor, and the labor relations representative of the CWA Administrator, shall meet within seven (7) working days of the referral of the dispute to this second step to arrive at a satisfactory settlement thereof. If the Parties fail to reach an agreement, the dispute may be appealed in writing in accordance with the provisions of Step 3 within seven (7) calendar days after the initial meeting at Step 2. Step 3. (a) If the grievance shall have been submitted but not resolved under Step 2, either the Union of Contractor Party may request in writing to the CWA Administrator (with copy(ies) to the other Party(ies) within seven (7) calendar days after the initial Step 2 meeting, that the grievance be submitted to an arbitrator selected from the agreed upon list in "Attachment (D)" attached hereto, on a rotational basis in the order listed. The CWA Administrator shall notify the parties to the grievance of the date, time and location of the hearing. The failure of any party to attend said hearing shall not delay the hearing of evidence or the issuance of any decision by the arbitrator. The decision of the arbitrator shall be final and binding on all parties. Co.Ana City ouncil Page 27 of — 133 8/6 0 4 Should any party seek confirmation of the award made by the arbitrator, the prevailing party shall be entitled to receive its reasonable attorney fees and costs. (b) Failure of the grieving Party to adhere to the time limits established herein shall render the grievance null and void. The time limits established herein may be extended only by consent of the Parties involved at the particular step where the extension is agreed upon. The arbitrator shall have the authority to make decisions only on issues presented and shall not have the authority to change, amend, add to or detract from any of the provisions of this Agreement. (c) The fees and expenses incurred by the arbitrator, as well as those jointly utilized by the Parties (i.e. conference room, court reporter, etc.) in arbitration, shall be divided equally by the Parties to the arbitration, including Union(s) and Contractor(s) involved. Section 10.3 Limit on Use of Procedures The procedures contained in this Article shall not be applicable to any alleged violation of Articles 7 or 8, with a single exception that any employee discharged for violation of Section 7.2, or Section 8.3, may resort to the procedures of this Article to determine only if he/she was, in fact, engaged in that violation. Section 10.4 Notice The CWA Administrator (and the City, in the case of any grievance regarding the Scope of this Agreement), shall be notified by the involved Contractor of all actions at Steps 2 and 3, and further, the CWA Administrator shall, upon its own request, be permitted to participate fully as a party in all proceedings at such steps. ARTICLE 11 REGULATORY COMPLIANCE Section 11.1 Compliance with All Laws The Trades Council and all Unions, Contractors, and their employees shall comply with all applicable federal and state laws, ordinances and regulations including, but not limited to, those relating to safety and health, employment and applications for employment. All employees shall comply with the safety regulations established by the City, the CWA Administrator or the Contractor. Employees must promptly report any injuries or accidents to a supervisor. Section 11.2 Prevailing Wage Compliance All Contractors shall comply with the state laws and regulations, as well as Santa Ana Municipal Code section 33-206 on prevailing wages. Compliance with this obligation may be enforced by the appropriate parties through Article 10 above, or by pursing the remedies available under state law through the Labor Commissioner or the Department of Industrial Relations. Section 11.3 Violations of Law Should there be a finding by a Court or administrative tribunal of competent jurisdiction that a Contractor has violated federal and/or state law or regulation, the City, upon notice to the Contractor that it or its subcontractors is in such violation (including any finding of non-compliance with the California prevailing wage obligations as enforced pursuant to DIR regulations), the City, and in the absence of the Contractor or subcontractor remedying such violation, may take such action as it is permitted by law or contract to encourage that Co.Ana City ouncil Page 28 of — 134 8/6 0 4 Contractor to come into compliance, including, but not limited to, assessing fines and penalties and/or removing the offending Contractor from Project Work. ARTICLE 12 SAFETY AND PROTECTION OF PERSON AND PROPERTY Section 12.1 Safety 12.1.1 It shall be the responsibility of each Contractor to ensure safe working conditions and employee compliance with any safety rules contained herein or established by the City or the Contractor, whichever is most restrictive shall apply. It is understood that employees have an individual obligation to use diligent care to perform their work in a safe manner and to protect themselves and the property of the Contractor and the City. 12.1.2 Employees shall be bound by the safety, security and visitor rules established by the Contractor and/or the City. These rules will be published and posted. An employee's failure to satisfy his/her obligations under this section will subject him/her to discipline, up to and including discharge. 12.1.3 The Parties shall adopt the Substance Abuse Policy attached hereto as Attachment "E," which shall be the policy and procedure utilized under this Agreement. Section 12.2 Suspension of Work for Safety A Contractor may suspend all or a portion of the job to protect the life and safety of employees. In such cases, employees will be compensated only for the actual time worked; provided, however, that where the Contractor requests employees to remain at the site and be available for work, the employees will be compensated for stand-by time at their basic hourly rate of pay. Section 12.3 Water and Sanitary Facilities The Contractor shall provide adequate supplies of drinking water and sanitary facilities for all employees as required by state law or regulation. ARTICLE 13 TRAVEL AND SUBSISTENCE Travel expenses, travel time, subsistence allowances, zone rates and parking reimbursements shall be paid in accordance with the applicable Master Labor Agreement unless superseded by the applicable prevailing wage determination. ARTICLE 14 APPRENTICES Section 14.1 Importance of Training The Parties recognize the need to maintain continuing support of the programs designed to develop adequate numbers of competent workers in the construction industry, the obligation to capitalize on the availability of the local work force in the area served by the City, and the opportunities to provide continuing work under the construction program. To these ends, the Parties will facilitate, encourage, and assist local residents Co.Ana City ouncil Page 29 of — 135 8/6 0 4 to commence and progress in Labor/Management Apprenticeship and/or training Programs in the construction industry leading to participation in such apprenticeship programs. The City and the Trades Council, will work cooperatively to identify, or establish and maintain, effective programs and procedures for persons interested in entering the construction industry and which will help prepare them for the formal joint labor/management apprenticeship programs maintained by the signatory Unions. Section 14.2 Use of Apprentices 14.2.1 Apprentices used on Projects under this Agreement shall be registered in Joint Labor Management Apprenticeship Programs approved by the State of California. Apprentices may comprise up to thirty percent (30%) of each craft's work force (calculated by hours worked) at any time, unless the standards of the applicable joint apprenticeship committee confirmed by the Division of Apprenticeship Standards ("DAS"), establish a lower or higher maximum percentage. Where the standards permit a higher percentage, such percentage shall apply on Project Work. Where the applicable standards establish a lower percentage, the applicable Union will use its best efforts with the Joint Labor Management apprenticeship committee and, if necessary, the DAS to permit up to thirty percent (30%) apprentices on the Project. 14.2.2 The Unions agree to cooperate with the Contractor in furnishing apprentices as requested up to the maximum percentage. The apprentice ratio for each craft shall be in compliance, at a minimum, with the applicable provisions of the Labor Code relating to utilization of apprentices. The City shall encourage such utilization, and, both as to apprentices and the overall supply of experienced workers, the CWA Administrator will work with the Trades Council to assure appropriate and maximum utilization of apprentices and the continuing availability of both apprentices and journey persons. 14.2.3 The Parties agree that apprentices will not be dispatched to Contractors working under this Agreement unless there is a journeymen working on the project where the apprentice is to be employed who is qualified to assist and oversee the apprentice's progress through the program in which he is participating. 14.2.4 All apprentices shall work under the direct supervision of a journeyman from the trade in which the apprentice is indentured. A journeyman shall be defined as set forth in the California Code of Regulations, Title 8 [apprenticeship] section 205, which defines a journeyman as a person who has either completed an accredited apprenticeship in his or her craft, or has completed the equivalent of an apprenticeship in length and content of work experience and all other requirements in the craft which has workers classified as journeyman in the apprenticeable occupation. Should a question arise as to a journeyman's qualification under this subsection, the Contractor shall provide adequate proof evidencing the worker's qualification as a journeyman to the Trades Council. Co.Ana City ouncil Page 30 of136 8/6 0 4 ARTICLE 15 WORKING CONDITIONS Section 15.1 Meal and Rest Periods There will be no non -working times established during working hours except as may be required by applicable state law or regulations. Meal periods and Rest periods shall be as provided for in Wage Order 16. Individual coffee containers will be permitted at the employees' work location; however, there will be no organized coffee breaks. Section 15.2 Work Rules The City, the CWA Administrator, and/or relevant Contractor shall establish such reasonable work rules as they deem appropriate and not inconsistent with this Agreement. These rules will be posted at the work sites by the Contractor and may be amended thereafter as necessary. Failure to observe these rules and regulations by employees may be grounds for discipline up to and including discharge. Section 15.3 Emergency Use of Tools and Equipment There should be no restrictions on the emergency use of any tools by any qualified employee or supervisor, or on the use of any tools or equipment for the performance of work within the jurisdiction, provided the employee can safely use the tools and/or equipment involved and is compliance with applicable governmental rules and regulations. Section 15.4 Access Restrictions for Cars Recognizing the nature of the work being conducted on the site, employee access by a private automobile may be limited to certain roads and/or parking areas. ARTICLE 16 PRE -JOB CONFERENCES Section 16.1 Each Primary Contractor which is awarded a Construction Contract by the City for Project Work shall conduct a Pre -Job conference with the appropriate affected Union(s) prior to commencing work. All Contractors who have been awarded contracts by the Primary Contractor shall attend the Pre -Job conference. The Trades Council and the CWA Administrator shall be advised in advance of all such conferences and may participate if they wish. All work assignments shall be disclosed by the Primary Contractor and all Contractors at the Pre -Job conference in accordance with industry practice. Should there be any formal jurisdictional dispute raised under Article 8, the CWA Administrator shall be promptly notified. Primary Contractor shall have available at the Pre -Job conference the plans and drawing for the work to be performed on the Project. Should additional Project Work not previously included within the scope of the Project Work be added, the Contractors performing such work will conduct a separate pre job for such newly included work. ARTICLE 17 LABOR/MANAGEMENT COOPERATION Section 17.1 Joint Committee The Parties to this Agreement may establish a six (6) person Joint Administrative Committee (JAC). This JAC shall be comprised of three (3) representatives selected by the City and three (3) representatives selected by the Trades Council to monitor Co.Ana City ouncil Page 31 of137 8/6 ddf4 compliance with the terms and conditions of this Agreement and to recommend amendments to this Agreement, with the exception of the dollar threshold specified in Section 2.2(a) and the term of this Agreement under Section 22.1, when doing so would be to the mutual benefit of the Parties. Each representative shall designate an alternate who shall serve in his or her absence for any purpose contemplated by this Agreement. A quorum will consist of at least two (2) representatives selected by the City and at least two (2) representatives selected by the Trades Council. For voting purposes, only an equal number of City and Union representatives present may constitute a voting quorum. Section 17.2 Functions of Joint Committee The Committee shall meet on a schedule to be determined by the Committee or at the call of the joint chairs, to discuss the administration of the Agreement, the progress of the Project, general labor management problems that may arise, and any other matters consistent with this Agreement. Substantive grievances or disputes arising under Articles 7, 8 or 10 shall not be reviewed or discussed by this Committee, but shall be processed pursuant to the provisions of the appropriate Article. The CWA Administrator shall be responsible for the scheduling of the meetings, the preparation of the agenda topics for the meetings, with input from the Unions the Contractors and the City. Notice of the date, time and place of meetings, shall be given to the Committee members at least three (3) days prior to the meeting. The CWA Administrator shall prepare quarterly reports on apprentice utilization and the training and employment of City residents, and a schedule of Project Work and estimated number of craft workers needed. The Committee or an appropriate subcommittee, may review such reports and make any recommendations for improvement, if necessary, including increasing the availability of skilled trades, and the employment of local residents or other individuals who should be assisted with appropriate training to qualify for apprenticeship programs. ARTICLE 18 SAVINGS AND SEPARABILITY Section 18.1 Savings Clause It is not the intention of the City, the CWA Administrator, Contractor or the Union parties to violate any laws governing the subject matter of this Agreement. The Parties hereto agree that in the event any provision of this Agreement is finally held or determined to be illegal or void as being in contravention of any applicable law or regulation, the remainder of the Agreement shall remain in full force and effect unless the part or parts so found to be void are wholly inseparable from the remaining portions of this Agreement. Further, the Parties agree that if and when any provision(s) of this Agreement is finally held or determined to be illegal or void by a court of competent jurisdiction, the Parties will promptly enter into negotiations concerning the substantive effect of such decision for the purposes of achieving conformity with the requirements of any applicable laws and the intent of the Parties hereto. If the legality of this Agreement is challenged and any form of injunctive relief is granted by any court, suspending temporarily or permanently the implementation of this Agreement, then the Parties agree that all Project Work that would otherwise be covered by this Agreement should be continued to be bid and constructed without application of this Agreement so that there is no delay or interference with the ongoing planning, bidding and construction of any Project Work. Section 18.2 Effect of Injunctions or Other Court Orders The Parties recognize the right of the City to withdraw, at its absolute discretion, the utilization of the Agreement as part of any bid Co.Ana City ouncil Page 32 of � — 138 M6 0 4 specification should a Court of competent jurisdiction issue any order, or any applicable statute which could result, temporarily or permanently in delay of the bidding, awarding and/or construction on the Project. Notwithstanding such an action by the City, or such court order or statutory provision, the Parties agree that the Agreement shall remain in full force and the fact on covered Project Work to the maximum extent legally possible. ARTICLE 19 WAIVER A waiver of or a failure to assert any provisions of this Agreement by any or all of the Parties hereto shall not constitute a waiver of such provision for the future. Any such waiver shall not constitute a modification of the Agreement or change in the terms and conditions of the Agreement and shall not relieve, excuse or release any of the Parties from any of their rights, duties or obligations hereunder. ARTICLE 20 AMENDMENTS The provisions of this Agreement can be renegotiated, supplemented, rescinded or otherwise altered only by mutual agreement in writing, hereafter signed by the negotiating Parties hereto. In the event of any conflict or ambiguity between this Agreement and any Attachment or exhibit, the provisions of this Agreement shall govern. ARTICLE 21 DURATION OF THE AGREEMENT Section 2 1. 1 Duration 21.1.1 This Agreement shall be effective from the date signed by all Parties and shall remain in effect for a period of ten (10) years. Any covered Project Work awarded during the term of this Agreement shall continue to be covered hereunder, until completion of the Project Work, notwithstanding the expiration date of this Agreement. 21.1.2 This Agreement may be extended by written mutual consent of the City, as directed by the City Council and the signatory Unions for such further periods as the Parties shall agree to. Section 22.2 Turnover and Final Acceptance of Completed Work 22.2.1 Construction of any phase, portion, section, or segment of Project Work shall be deemed complete when such phase, portion, section or segment has been turned over to the City by the Contractor and the City has accepted such phase, portion, section, or segment. As areas and systems of the Project are inspected and construction -tested and/or approved and accepted by the City or third parties with the approval of the City, the Agreement shall have no further force or effect on such items or areas, except when the Contractor is directed by the City to engage and repairs or modifications required by its contract(s) with the City. Co.Ana City ouncil Page 33 of 139 M6 0 4 22.2.2 Notice of each final acceptance received by the Contractor will be provided to the Trades Council with the description of what portion, segment, etc. has been accepted. Final acceptance may be subject to a "punch" list, and in such case, the Agreement will continue to apply to each such item on the list until it is completed to the satisfaction of the City and Notice of Completion is issued by the City or its representative to the Contractor. At the request of the Union, complete information describing any "punch" list work, as well as any additional work required of a Contractor at the direction of the City pursuant to Section 22.2.1 above, involving otherwise turned -over and completed facilities which have been accepted by the City, will be available from the CWA Administrator. IN WITNESS whereof the Parties have caused this Community Workforce Agreement to be executed as of the date and year above stated. CITY OF SANTA ANA By: Kristine Ridge City Manager ATTEST: By: Jennifer L. Hall City Clerk APPROVED AS TO FORM: Jose Montoya Assistant City Attorney RECOMMENDED BY: Nabil Saba, P.E. Executive Director Public Works LOS ANGELES/ORANGE COUNTIES BUILDING & CONSTRUCTION TRADES COUNCIL an Chris Hannan Executive Secretary Coiity oAna uncil Page 34 of — 140 8/6 0 4 LOS ANGELES/ORANGE COUNTIES BUILDING AND CONSTRUCTION TRADES COUNCIL CRAFT UNIONS AND DISTRICT COUNCILS Asbestos Heat & Frost Insulators (Local 5) Boilermakers (Local 92) Bricklayers & Allied Craftworkers (Local 4) Cement Masons (Local 500) District Council of Laborers Electricians (Local 441) Elevator Constructors (Local 18) Gunite Workers (Local 345) Iron Workers (Reinforced — Local 416) Iron Workers (Structural — Local 433) Laborers (Local 300) (remediation) Laborers (Local 652) Operating Engineers (Local 12) Operating Engineers (Local 12) Operating Engineers (Local 12) Painters & Allied Trades DC 36 Pipe Trades (Local 250) Pipe Trades (Local 345) Pipe Trades (Plumbers/Fitters Local 582) Pipe Trades (Sprinkler Fitters Local 709) Plasterers (Local 200) Plaster Tenders Local (1414) Roofers & Waterproofers (Local 220) Sheet Metal Workers (Local 105) Teamsters (Local 986) Southwest Mountain States Regional Council of Carpenters Co Ana ity ouncil Page 35 of � — 141 M/6 0 4 ATTACHMENT A — LETTER OF ASSENT To be signed by all contractors awarded work covered by the City of Santa Ana Community Workforce Agreement prior to commencing work. [Contractor's Letterhead] CWA Administrator City of Santa Ana 1234 address City, state, zip code Attn: Re: Community Workforce Agreement - Letter of Assent Dear Sir: This is to confirm that [name of company] agrees to be party to and bound by the City of Santa Ana Community Workforce Agreement effective June 6, 2023, as such Agreement may, from time to time, be amended by the negotiating parties or interpreted pursuant to its terms. Such obligation to be a party and bound by this Agreement shall extend to all work covered by the agreement undertaken by this Company on the project and this Company shall require all of its contractors and subcontractors of whatever tier to be similarly bound for all work within the scope of the Agreement by signing and furnishing to you an identical letter of assent prior to their commencement of work. Sincerely. [Name of Construction Company] By: [ ] Name and Title of Authorized Executive Contractor State License No.: [Copies of this letter must be submitted to the CWA Administrator and to the Trades Council Consistent with Section 2.6 (b).] Co.Ana City ouncil Page 36 of142 8/6 0 4 ATTACHMENT B FIRST TIER ZIP CODES (CITY BOUNDARY) *Some Zip Codes shared with neighboring cities 92701 92702 92703 92704 92705 92706 92707 92711 92712 92725 92735 92799 *92866 *92868 Co Ana ity ouncil Page 37 of � — 143 8/6 0 4 Zip Code 90620 90621 90622 90623 90624 90630 90631 90632 90633 90680 90720 90721 90740 90742 90743 92602 92603 92604 92605 92606 92607 92609 92610 92612 92614 92615 92616 92617 92618 92619 92620 92623 ATTACHMENT B — Continued SECOND TIER ZIP CODES REMAINDER OF ORANGE COUNTY, City Buena Park Buena Park Buena Park La Palma Buena Park Cypress La Habra La Habra La Habra Stanton Los Alamitos Los Alamitos Seal Beach Sunset Beach Surfside Irvine Irvine Irvine Huntington Beach Irvine Laguna Niguel El Toro Foothill Ranch Irvine Irvine Huntington Beach Irvine Irvine Irvine Irvine Irvine Irvine 92624 Capistrano Beach 92625 Corona Del Mar 92626 Costa Mesa 92627 Costa Mesa 92628 Costa Mesa 92629 Dana Point 92630 Lake Forest 92637 Laguna Woods 92646 Huntington Beach 92647 Huntington Beach 92648 Huntington Beach 92649 Huntington Beach 92650 East Irvine 92651 Laguna Beach 92652 Laguna Beach 92653 Laguna Hills 92654 Laguna Hills 92655 Midway City 92656 Aliso Viejo 92657 Newport Coast 92658 Newport Beach 92659 Newport Beach 92660 Newport Beach 92661 Newport Beach 92662 Newport Beach 92663 Newport Beach 92672 San Clemente 92673 San Clemente 92674 San Clemente 92675 San Juan Capistrano 92676 Silverado 92677 Laguna Niguel 92678 Trabuco Canyon 92679 Trabuco Canyon co.Ana ity ouncil Page 38 of144 8/6 0 4 92683 Westminster 92823 Brea 92684 Westminster 92825 Anaheim 92685 Westminster 92831 Fullerton 92688 Rancho Santa 92832 Fullerton Margarita 92833 Fullerton 92690 Mission Viejo 92834 Fullerton 92691 Mission Viejo 92835 Fullerton 92692 Mission Viejo 92836 Fullerton 92693 San Juan 92837 Fullerton Capistrano 92838 Fullerton 92694 Ladera Ranch 92840 Garden Grove 92697 Irvine 92841 Garden Grove 92698 Aliso Viejo 92842 Garden Grove 92708 Fountain Valley 92843 Garden Grove 92709 Irvine 92844 Garden Grove 92710 Irvine 92845 Garden Grove 92728 Fountain Valley 92846 Garden Grove 92780 Tustin 92850 Anaheim 92781 Tustin 92856 Orange 92782 Tustin 92857 Orange 92801 Anaheim 92859 Orange 92802 Anaheim 92861 Villa Park 92803 Anaheim 92862 Orange 92804 Anaheim 92863 Orange 92805 Anaheim 92864 Orange 92806 Anaheim 92865 Orange 92807 Anaheim 92866 Orange 92808 Anaheim 92867 Orange 92809 Anaheim 92868 Orange 92811 Atwood 92869 Orange 92812 Anaheim 92870 Placentia 92814 Anaheim 92871 Placentia 92815 Anaheim 92885 Yorba Linda 92816 Anaheim 92886 Yorba Linda 92817 Anaheim 92887 Yorba Linda 92821 Brea 92899 Anaheim 92822 Brea co.Ana ity ouncil Page 39 of — 145 8/6 0 4 ATTACHMENT C CITY OF SANTA ANA CRAFT REQUEST FORM TO THE CONTRACTOR: Please complete and fax this form to the applicable union to request craft workers that fulfill the hiring requirements for this project. After faxing your request, please call the Local to verify receipt and substantiate their capacity to furnish workers as specified below. Please print your Fax Transmission Verification Reports and keep copies for your records. The City of Santa Ana Community Workforce Agreement establishes a goal that 30% of the total work hours shall be: First, from qualified workers residing in those in those U. S. Postal Service zip codes which overlap all of the City of Santa Ana, as set forth in Attachment B and veterans, regardless of where they reside (Tier 1); and, Second, qualified workers residing within Orange County and individuals who have successfully completed the Building Trades Multi -Craft Core Curriculum Pre -Apprenticeship Program, regardless of where they reside. For Dispatch purposes, employees residing within either of these two (2) tiers, as well as Veterans and individuals who have successfully completed the Building Trades Multi -Craft Core Curriculum Pre -Apprenticeship Program, regardless of where they reside, shall be referred to as Local Residents. TO THE UNION: Please complete the "Union Use Only" section on the next page and fax this form back to the requesting Contractor. Be sure to retain a copy of this form for your records. CONTRACTOR USE ONLY To: Union Local # Fax# ( ) Date: Cc: CWA Administrator From: Company: Issued By: Contact Phone :( ) Contact Fax: ( ) PLEASE PROVIDE ME WITH THE FOLLOWING UNION CRAFT WORKERS. Local Resident, Number Craft Classification Journeyman Veteran of ( i.e., plumber, painter, or or workers Report Date Report Time etc.) Apprentice General Dispatch needed TOTAL WORKERS REQUESTED = Please have worker(s) report to the following work address indicated below: Project Name: Report to: Comment or Special Instructions: Site: Address: On -site Tel: On -site Fax: Co.Ana City ouncil Page 40 of146 8/6 0 4 Date dispatch request received: Dispatch received by: Classification of worker requested: Classification of worker dispatched: UNION USE ONLY WORKER REFERRED Name: Date worker was dispatched: Is the worker referred a: (check all that apply) JOURNEYMAN Yes No APPRENTICE Yes No LOCAL RESIDENT Yes No VETERAN Yes No GENERAL DISPATCH FROM OUT OF WORK LIST Yes No Co.Ana City ouncil Page 41 of147 8/6 0 4 ATTACHMENT D List of Neutral Arbitrators Mark Burstein Fred Horowitz Najeeb Khoury Co Ana ity ouncil Page 42 of � — 148 8/6 0 4 ATTACHMENT "E" SUBSTANCE ABUSE POLICY The Parties recognize the problems which drug and alcohol abuse have created in the construction industry and the need to develop drug and alcohol abuse prevention programs. Accordingly, the Parties agree that in order to enhance the safety of the work place and to maintain a drug and alcohol free work environment, individual Contractors may require applicants or employees to undergo drug and alcohol testing. 1. It is understood that the use, possession, transfer or sale of illegal drugs, narcotics, or other unlawful substances, as well as being under the influence of alcohol and the possession or consuming alcohol is absolutely prohibited while employees are on the Contractor's job premises or while working on any jobsite in connection with work performed under the Community Workforce Agreement ("CWA"). 2. No Contractor may implement a drug testing program which does not conform in all respects to the provisions of this Policy. 3. No Contractor may implement drug testing at any jobsite unless written notice is given to the Union setting forth the location of the jobsite, a description of the project under construction, and the name and telephone number of the Project Work Supervisor. Said notice shall be addressed to the office of each Union signing the CWA. Said notice shall be delivered in person or by registered mail before the implementation of drug testing. Failure to give such notice shall make any drug testing engaged in by the Contractor a violation of the CWA, and the Contractor may not implement any form of drug testing at such jobsite for the following six months. 4. An employer who elects to implement drug testing pursuant to this Agreement shall require all employees on the Project Work to be tested. With respect to individuals who become employed on the Project Work subsequent to the proper implementation of this drug testing program, such test shall be administered upon the commencement of employment on the project, whether by referral from a Union Dispatch Office, transfer from another project, or another method. Individuals who were employed on the project prior to the proper implementation of this drug testing program may only be subjected to testing for the reasons set forth in Paragraph 5(f) (1) through 5(f) (3) of this Policy. Refusal to undergo such testing shall be considered sufficient grounds to deny employment on the project. The following procedure shall apply to all drug testing: a. The Contractor may request urine samples only. The applicant or employee shall not be observed when the urine specimen is given. An applicant or employee, at his or her sole option, shall, upon request, receive a blood test in lieu of a urine test. No employee of the Contractor shall draw blood from a bargaining unit employee, touch or handle urine specimens, or in any way become involved in the chain of custody of urine or blood specimens. A Union Business Representative, subject to the approval of the individual applicant or employee, shall be permitted Co.Ana City ouncil Page 43 of149 8/6 0 4 to accompany the applicant or employee to the collection facility to observe the collection, bottling, and sealing of the specimen. b. The testing shall be done by a laboratory approved by the Substance Abuse & Mental Health Services Administration (SAMHSA), which is chosen by the Contractor and the Union. C. An initial test shall be performed using the Enzyme Multiplied Immunoassay Technique (EMZT). In the event a question or positive result arises from the initial test, a confirmation test must be utilized before action can be taken against the applicant or employee. The confirmation test will be by Gas Chromatography Mass Spectrometry (GC/MS). Cutoff levels for both the initial test and confirmation test will be those established by the SAMHSA. Should these SAMHSA levels be changed during the course of this agreement or new testing procedures are approved, then these new regulations will be deemed as part of this existing agreement. Confirmed positive samples will be retained by the testing laboratory in secured long- term frozen storage for a minimum of one year. Handling and transportation of each sample must be documented through strict chain of custody procedures. d. In the event of a confirmed positive test result the applicant or employee may request, within forty-eight (48) hours, a sample of his/her specimen from the testing laboratory for purposes of a second test to be performed at a second laboratory, designated by the Union and approved by SAMHSA. The retest must be performed within ten (10) days of the request. Chain of custody for this sample shall be maintained by the Contractor between the original testing laboratory and the Union's designated laboratory. Retesting shall be performed at the applicant's or employee's expense. In the event of conflicting test results the Contractor may require a third test. e. If, as a result of the above testing procedure, it is determined that an applicant or employee has tested positive, this shall be considered sufficient grounds to deny the applicant or employee his/her employment on the Project Work. f. No individual who tests negative for drugs or alcohol pursuant to the above procedure and becomes employed on the Project Work shall again be subjected to drug testing with the following exceptions: 1. Employees who are involved in industrial accidents resulting in damage to plant, property or equipment or injury to him/herself or others may be tested pursuant to the procedures stated hereinabove. 2. The Contractor may test employees following thirty (30) days advance written notice to the employee(s) to be tested and to the applicable Union. Notice to the applicable Union shall be as set forth in Paragraph 3 above and such testing shall be pursuant to the procedures stated hereinabove. 3. The Contractor may test an employee where the Contractor has reasonable cause to believe that the employee is impaired from performing his/her job. Reasonable Co.Ana City ouncil Page 44 of 150 8/6 0 4 cause shall be defined as exhibiting aberrant or unusual behavior, the type of which is a recognized and accepted symptom of impairment (i.e., slurred speech, unusual lack of muscular coordination, etc.). Such behavior must be actually observed by at least two persons, one of whom shall be a Supervisor who has been trained to recognize the symptoms of drug abuse or impairment and the other of whom shall be the job steward. If the job steward is unavailable or there is no job steward on the project the other person shall be a member of the applicable Union's bargaining unit. Testing shall be pursuant to the procedures stated hereinabove. Employees who are tested pursuant to the exceptions set forth in this paragraph and who test positive will be removed from the Contractor's payroll. g. Applicants or employees who do not test positive shall be paid for all time lost while undergoing drug testing. Payment shall be at the applicable wage and benefit rates set forth in the applicable Union's Master Labor Agreement. Applicants who have been dispatched from the Union and who are not put to work pending the results of a test will be paid waiting time until such time as they are put to work. It is understood that an applicant must pass the test as a condition of employment. Applicants who are put to work pending the results of a test will be considered probationary employees. 6. The employers will be allowed to conduct periodic job site drug testing on the Project under the following conditions: a. The entire jobsite must be tested, including any employee or subcontractor's employee who worked on that project three (3) working days before or after the date of the test; b. Jobsite testing cannot commence sooner than thirty (30) days after start of the work on the Project; C. Prior to start of periodic testing, a business representative will be allowed to conduct an educational period on company time to explain periodic jobsite testing program to affected employees; d. Testing shall be conducted by a SAMHSA certified laboratory, pursuant to the provisions set forth in Paragraph 5 hereinabove. e. Only two periodic tests may be performed in a twelve month period. 7. It is understood that the unsafe use of prescribed medication, or where the use of prescribed medication impairs the employee's ability to perform work, is a basis for the Contractor to remove the employee from the jobsite. 8. Any grievance or dispute which may arise out of the application of this Agreement shall be subject to the grievance and arbitration procedures set forth in the CWA. 9. The establishment or operation of this Policy shall not curtail any right of any employee found in any law, rule or regulation. Should any part of this Agreement be found unlawful by a court of competent jurisdiction or a public agency having jurisdiction over the Co.Ana City ouncil Page 45 of �l� — 151 8/6 0 4 parties, the remaining portions of the Agreement shall be unaffected and the parties shall enter negotiations to replace the affected provision. 10. Present employees, if tested positive, shall have the prerogative for rehabilitation program at the employee's expense. When such program has been successfully completed the Contractor shall not discriminate in any way against the employee. If work for which the employee is qualified exists he/she shall be reinstated. 11. The Contractor agrees that results of urine and blood tests performed hereunder will be considered medical records held confidential to the extent permitted or required by law. Such records shall not be released to any persons or entities other than designated Contractor representatives and the applicable Union. Such release to the applicable Union shall only be allowed upon the signing of a written release and the information contained therein shall not be used to discourage the employment of the individual applicant or employee on any subsequent occasion. 12. The Contractor shall indemnify and hold the Union harmless against any and all claims, demands, suits, or liabilities that may arise out of the application of this Agreement and/or any program permitted hereunder. 13. Employees who seek voluntary assistance for substance abuse may not be disciplined for seeking such assistance. Requests from employees for such assistance shall remain confidential and shall not be revealed to other employees or management personnel without the employee's consent. Employees enrolled in substance abuse programs shall be subject to all Contractor rules, regulations and job performance standards with the understanding that an employee enrolled in such a program is receiving treatment for an illness. 14. This Memorandum, of Understanding shall constitute the only Agreement in effect between the parties concerning drug and alcohol abuse, prevention and testing. Any modifications thereto must be accomplished pursuant to collective bargaining negotiations between the parties. Co.Ana City ouncil Page 46 of152 8/6 0 4 DRUG Alcohol Amphetamines Barbiturates Benzodiazepines Cocaine Methadone Methaqualone Opiates PCP (Phencyclidine) THC (Marijuana) Propoxyphene DRUG ABUSE PREVENTION AND DETECTION APPENDIX A CUTOFF LEVELS SCREENING SCREENING CONFIRMATION CONFIRMATION METHOD LEVEL ** METHOD LEVEL EMIT 0.02% CG/MS 0.02% EMIT 1000 ng/m* CG/MS 500 ng/ml* EMIT 300 ng/ml CG/MS 200 ng/ml EMIT 300 ng/ml CG/MS 300 ng/ml EMIT 300 ng/ml* CG/MS 150 ng/ml* EMIT 300 ng/ml CG/MS 100 ng/ml EMIT 300 ng/ml CG/MS 300 ng/ml EMIT 2000 ng/ml* CG/MS 2000 ng/ml* EMIT 25 ng/ml* CG/MS 25 ng/ml* EMIT 50 ng/ml* CG/MS 15 ng/ml* EMIT 300 ng/ml CG/MS 100 ng/ml * SAMHSA specified threshold ** A sample reported positive contains the Indicated drug at or above the cutoff level for that drug. A negative sample either contains no drug or contains a drug below the cutoff level. EMIT - Enzyme Immunoassay CC/MS - Gas Chromatography/Mass Spectrometry Coiity oAna uncil Page 47 of — 153 8/6 0 4 SIDE LETTER OF AGREEMENT TESTING POLICY FOR DRUG ABUSE It is hereby agreed between the parties hereto that an Contractor who has otherwise properly implemented drug testing, as set forth in the Testing Policy for Drug Abuse, shall have the right to offer an applicant or employee a "quick" drug screening test. This "quick" screen test shall consist either of the "ICUP" urine screen or similar test or an oral screen test. The applicant or employee shall have the absolute right to select either of the two "quick" screen tests, or to reject both and request a full drug test. An applicant or employee who selects one of the quick screen tests, and who passes the test, shall be put to work immediately. An applicant or employee who fails the "quick" screen test, or who rejects the quick screen tests, shall be tested pursuant to the procedures set forth in the Testing Policy for Drug Abuse. The sample used for the "quick" screen test shall be discarded immediately upon conclusion of the test. An applicant or employee shall not be deprived of any rights granted to them by the Testing Policy for Drug Abuse as a result of any occurrence related to the "quick" screen test. Co.Ana City ouncil Page 48 of154 8/6 0 4 MAYOR . ,. Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org ADDENDUM 3: QUESTIONS AND ANSWERS (SET 2) REQUEST FOR PROPOSALS (RFP) NO. 23-099A DIGITAL MARQUEE INSTALLATION SERVICES August 22, 2023 CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall Notice is hereby given to Bidders that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. A. In the RFP Document, Section XI. Minimum Scope and Limit of Insurance is replaced with the following: The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of Notice of Intent to Award. Contractor must maintain, for the duration of its contract, insurance coverages as required by the City. Additionally, Contractor shall provide the following insurance coverage: Coverage shall be at least as broad as: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CIS 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage. SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcuaRDsanta-ana.org iessielopez(rDsanta-ana.org tphanRDsanta-ana.orn bvazguezRDsanta-ana.org pbacerra(rDsanta-ana.orq rvanhernandezRDsantaana.org dpenaloza(rDsanta-ana.orq City Council Page 1 of g4 — 155 8/6/2024 • Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Primary Coverage For any claims related to this contract, the Contractor's insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Waiver of Subrogation Contractor hereby grants to Entity a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcuaRDsanta-ana.orn iessielopez(rDsanta-ana.orn tphanRDsanta-ana.orn bvazguezRDsanta-ana.orn pbacerra(rDsanta-ana.orq rvanhernandezRDsantaana.org dpenaloza(rDsanta-ana.orq City Council Page 2 of g4 — 156 8/6/2024 applies regardless of whether or not the Entity has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Entity. The Entity may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Entity. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the Entity. N0111111111 M111f lap Verification of Coverage Contractor shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to Entity before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Entity is an additional insured on insurance required from subcontractors. SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcuaRDsanta-ana.orn iessielopez(rDsanta-ana.orn tphanRDsanta-ana.orn bvazguezRDsanta-ana.orn pbacerra(rDsanta-ana.orq rvanhernandezRDsantaana.org dpenaloza(rDsanta-ana.orq City Council Page 3 of g4 — 157 8/6/2024 Special Risks or Circumstances Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. B. CLARIFICATIONS AND ANSWERS TO QUESTIONS ASKED PRIOR TO THE DEADLINE ARE AS FOLLOWS: 1. Q: If the City will accept a C-45 license, will you wave the insurance requirement for professional liability insurance as specialty trades such as C-45's do not carry nor do they have that insurance available for them. A: Please see section A. of this document for the revised Minimum Scope and Limit of Insurance section, removing the Professional Liability insurance requirement. 2. Q: Considering there are no designs provided in the RFP, each bidder will need to design specific designs for each location. Assuming the answer to #3 above is, the City of Santa Ana expects additional graphic elements on each display unique to each park or neighborhood: a) Does the City of Santa Ana acknowledge each design will be unique and holds a Copy Right by the submitting bidder? b)The Copy Right does not transfer to the City of Santa Ana unless the bidder is awarded the project and the project is bidder is paid for the project? c)Does the City of Santa Ana understand the financial penalty for Copy Right infringement? d)Will the City of Santa Ana protect the Copy Right of each of the designs submitted by each bidder by not having a competing bidder not view, bid, reproduce or create a display that is similar to the copy right design? A: The City will acknowledge copyright protection to those designs qualifying for such under Federal copyright law. However, should any copyrightable design be selected and used by the City pursuant to a written agreement for services, the design will be considered a "work made for hire", meaning that the City will be the copyright owner. All designs submitted as part of a bid proposal may be subject to disclosure under the California Public Records Act and any applicable exemptions thereto. 3. Q: We are a certified DVBE and HUBzone sign company, do you need a DVBE for this bid ? A: No, DVBE is not a requirement of this RFP. 4. Q: Considering, 1) we are a specialty contractor located outside of Orange County, 2) our qualified lead installers do not live in the zip codes provided, 3) there is no union trade covering sign installation, 4) most of the work performed will be SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcuaRDsanta-ana.orn iessielopez(rDsanta-ana.orn tphanRDsanta-ana.orn bvazguezRDsanta-ana.orn pbacerra(rDsanta-ana.orq irvanhernandezRDsantaana.org dpenaloza(rDsanta-ana.orn City Council Page 4 of g4 — 158 8/6/2024 manufactured offsite, 5) most sites will require 2 to 3 days of onsite work -- can we be exempt from the Community Work Force Agreement? A: Please see Addendum #1, Exhibit V, Community Workforce Agreement (CWA) and refer to Article 2 found therein. Since this work falls under the Scope of the Agreement, no proposers are exempt, except those subject to any applicable Exclusions as defined in the CWA. SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Bacerra Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tern, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcuaCrDsantaana.om iessielopez(rDsanta-ana.oro tphan(rDsanta-ana.oro bvazouez(rDsanta-ana.oro pbacerraRDsanta-ana.oro irvanhernandezRDsantaana.oro dpenaloza(oisanta-ana.org City Council Page 5 of g4 — 159 8/6/2024 MAYOR Valerie Amezcua MAYOR PRO TEM Jessie Lopez COUNCILMEMBERS Phil Bacerra Johnathan Ryan Hernandez David Penaloza Thai Viet Phan Benjamin Vazquez August 31, 2023 CITY OF SANTA ANA FINANCE AND MANAGEMENT SERVICES 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org ADDENDUM 4: TIMELINE EXTENSION AND REVISIONS REQUEST FOR PROPOSAL (RFP) NO. 23-099A DIGITAL MARQUEE INSTALLATION SERVICES CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Jennifer L. Hall Notice is hereby given to Proposers that, where applicable, the City of Santa Ana Purchasing Division has made certain clarifications, modifications, additions, and/or deletions, for specifications of RFP No. 23-099A Digital Marquee Installation Services. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. A. The deadline to submit proposals is changed to Friday. September 8th, 2023 at 4:00 PM (PDT). REVISIONS B. Section XIV. GENERAL TERMS AND CONDITIONS of the RFP Document is revised to include the following: DD. FEDERAL CONTRACT PROVISIONS (ARPA) The ARPA Federal Contract Provisions are incorporated by reference in the Construction Contract. A copy of the Provisions may be found in EXHIBIT VI. C. EXHIBIT VI - FEDERAL CONTRACT PROVISIONS (ARPA) is attached hereto for proposers' reference. Sincerely, Jacques Lam, Buyer Purchasing Division SANTA ANA CITY COUNCIL Valerie Amezcua Jessie Lopez Thai Viet Phan Benjamin Vazquez Phil Became Johnathan Ryan Hernandez David Penaloza Mayor Mayor Pro Tem, Ward 3 Ward 1 Ward 2 Ward 4 Ward 5 Ward 6 vamezcua(rDsanta-ana.org Iesslelogez(CDsanta-ana.orq tphanasanta-ana.org bvazquezOsanta-ana.org )bacerra(rDsanta-ana.orq irvanhernandez2Dsanta-ana.org doenalozaasanta-ana.org City Council Page 1 of 1�4 — 160 8/6/2024 EXHIBIT VI FEDERAL CONTRACT PROVISIONS During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations including, but not limited to, the federal contract provisions in this Exhibit C. 1. REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 — CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327) (a) Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience. (b) Appendix II to Part 200 (C) — Equal Employment Opportunity: If this Agreement meets the definition of a "federal assisted construction contract" in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement: (i) The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (ii) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (iii) The Consultant will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information. (iv) The Consultant will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. City Council Page 2 of 1�4 — 161 8/6/2024 (v) The Consultant will 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. (vi) The Consultant will 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 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. (vii) In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (viii) The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) 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 subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the City so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement. The City agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The City further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction con l SGp t o e xecu ive r e Page 3 of 12`* rr—yi Y anct e suchsanctions an7�4 for 9 violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. (c) Appendix II to Part 200 (D) — Davis -Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF. (d) Appendix II to Part 200 (D) — Copeland "Antti-Kickback" Act: Not applicable to this Agreement since it is funded by CSLFRF. (e) Appendix II to Part 200 (E) — Contract Work Hours and Safety Standards Act: (i) Overtime Requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (ii) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section. (iii) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section. (iv) Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Consultant City Council Page 4 of 1�4 — 163 8/6/2024 shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section. (f) Appendix II to Part 200 Q — Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the Consultant must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.. (g) Appendix II to Part 200 (G) — Clean Air Act and Federal Water Pollution Control Act: (i) Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (ii) Pursuant to the Federal Water Pollution Control Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000. (h) Appendix 11 to Part 200 (H) — Debarment and Suspension: (i) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (ii) Consultant must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (iii) This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (iv) Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or o1bqyAftLM@4ibited from participation 19Jffec9r Fsv*64he requirements abovgj04}2iltant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement. (i) Appendix II to Part 200 (I) — Byrd Anti -Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. 0) Appendix II to Part 200 (J) — §200.323 Procurement of Recovered Materials: (i) Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement. (ii) In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price. (iii) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https: //www. epa. gov/smm/comprehensive-procurement-guideline-cpg-program. (iv) The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act." (k) Appendix II to Part 200 (K) — §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment: (1) Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or Eehgb or attiliate ot such entrtrPage 6 of 1 — 165 8/6/2024 (2) Telecommunications or video surveillance services provided by such entities or using such equipment. (3) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (ii) See Public Law 115-232, section 889 for additional information. (1) Appendix II to Part 200 (L) — &200.322 Domestic Preferences for Procurement: (i) Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts. (ii) For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 2. CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN'S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321) (a) Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award. (b) Affirmative steps shall include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises; (iv) Establishing delivery schedules, where the requirement permits, which encourage 12articil2ation by small and minority business. and women's business enterprises: and City Council Page 7 of 1�4 — 166 8/6/2024 (v) Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce. (c) Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City. COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS (a) Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project. (b) Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following: (i) Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. (ii) Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. (iii) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. (iv) Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. 20. (v) Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part (vi) New Restrictions on Lobbying, 31 C.F.R. Part 21. (vii) Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. City Council Page 8 of 1�4 — 167 8/6/2024 (c) Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following: (i) Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance. (ii) The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability. (iii) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance. (iv) The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance. (v) Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § § 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. (d) False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. (e) Protections for Whistleblowers. (i) In accordance with 41 U.S.C. § 4712, Consultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. the following: Congress; (ii) The list of persons and entities referenced in the paragraph above includes (1) A member of Congress or a representative of a committee of (2) An Inspector General; City Council Page 9 of 1�4 — 16 8/6/2024 management; enforcement agency; (4) A Treasury employee responsible for contract or grant oversight or (5) An authorized official of the Department of Justice or other law (6) A court or grand jury; or (7) A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct. (f) Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company -owned, rented or personally owned vehicles, and encourage its subcontractors to do the same (g) Reducing Text Messaging While Driving Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers. (h) Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following: (i) Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents. (ii) Consultant acknowledges that Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency (LEP)," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury's directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project. (iii) Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http://www.lep.gov. City Council Page 10 of J� — 169 8/6/2024 (iv) Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant's successors, transferees and assignees for the period in which such assistance is provided. (v) Consultant agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant's subcontractors, successors, transferees and assignees: The subcontractor, successor, transferee and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of,' or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons with `Limited English proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of' the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made apart of this contract (or agreement). (vi) Consultant understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Consultant, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property. (vii) Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply with information requests, on -site compliance reviews, and reporting requirements. (viii) Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI. (ix) Consultant must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state. City Council Page 11 of J� — 170 8/6/2024 W If Consultant makes sub -awards to other agencies or other entities, Consultant is responsible for assuring that sub -recipients also comply with Title VI and all of the applicable authorities covered in this assurance. City Council Page 12 of J� — 171 8/6/2024 OUTDOOR �ti__ DIMENSIONS Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 1 Fax: (714) 693-5978 Email: ar@outdoordimensions.com Web: www.outdoordimensions.com Contractors License #: 1042246 Quote QT028167 Date: 4/1 1 /2024 Outdoor Dimensions, LLC reserves the right to bill and collect payment on any products and services performed (completed or otherwise) by the company with notification unless otherwise stated in a written contract. Completed products that have not been installed or shipped to client are held for the stated project and are not used for any other project without client approval- 1 SN-ELC-MON 1 Bowers Museum $229,620.37 $229,620.37 Single Faced Monument 2 SN-ELC-MON 1 Rosita Park Double Faced Monument 3 SN-ELC-MON 1 Centennial Park Double Faced Monument 4 SN-ELC-MON 1 Jerome Park Double Faced Monument 5 SN-ELC-MON 1 Delhi Park Double Faced Monument 6 SN-ELC-MON 1 Carl Thornton Park Double Faced Monument BOWERS MUSEUM OPTION Quote is for 4 double faced Digital Marquees and Bowers Museum Single Faced Digital Marquee option. Each line item includes the total cost for each location: Monument, Daktronics Screen, Permitting, Engineering, Material, Equipment, Installation, Tax and Bond. $288,501.01 $288,501.08 $289,881.98 $289,881.98 $285,344.28 $285,344.28 $290,318.49 $290,318.49 $284,432.51 $284,432.51 Prices are valid for 45 days from the date of this contract Sales Total: $1 ,668,098.71 Initial By: Date: Deposit: Tax Total: $0.00 The above items are required () working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due: $1,668,098.71 1 City Council 14 — 172 /6/2024 Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM IIII SAM*IGov@ OUTDOOR DIMENSIONS, LLC OUTDOOR DIMENSIONS, LLC Unique Entity ID JWHEVR7BKHJ5 Registration Status Submitted Registration Physical Address 5325 E Hunter AVE Anaheim, California 92807-2054 United States CAGE/NCAGE (blank) Expiration Date Oct 3, 2024 Mailing Address 5325 E Hunter AVE Anaheim, California 92807-2054 United States Purpose of Registration Federal Assistance Awards Only Doing Business as Division Name Division Number OUTDOOR DIMENSIONS LLC (blank) (blank) Congressional District State / Country of Incorporation URL California 40 Delaware / United States www.outdoordimensions.com Registration Dates Activation Date Submission Date Initial Registration Date (blank) Oct 4, 2023 Oct 4, 2023 Entity Dates Entity Start Date Fiscal Year End Close Date Aug 10, 2018 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected Proceedings Questions Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Not Selected Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault? Not Selected 7BKHJ51coreData1status=nu11 Page 1 of3 Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC Active Exclusions Records? No I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors Partnership or Limited Liability Partnership Business or Organization Limited Liability Company Manufacturer of Goods Profit Structure For Profit Organization Socio-Economic Types Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA -certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Financial Information Accepts Credit Card Payments Debt Subject To Offset Yes No EIN Type of Tax Taxpayer Name *****0624 Applicable Federal Tax outdoor dimensions Ilc Tax Year (Most Recent Tax Year) Name/Title of Individual Executing Consent TIN Consent Date 2022 President Oct 4, 2023 Address Signature 5325 E Hunter AVE BRIAN PICKLER Anaheim, California 92807 Accounts Receivable POC 0 Christina Ghobrial, Controller cghobrial@outdoordimensions.com 7144596581 Electronic Business 5325 E Hunter AVE Christina Ghobrial, Controller Anaheim, California 92807 cghobrial@outdoordimensions.com United States 7144596581 Kristina Allen, Administrative Services Manager 5325 E Hunter AVE kallen@outdoordimensions.com Anaheim, California 92807 7144596614 United States Government Business 1. 5325 E Hunter AVE Brian Pickier, President Anaheim, California 92807 bpickler@outdoordimensions.com United States 7144596563 NAICS Codes Primary City 01. 11 AICS Cc es - 14 8/6/2024 Oct 05, 2023 05: 34: 55 PM GMT httpsJ/sam.govlenfityIJWHEVR7BKHJ51coreData?status=null Page ? of3 Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC IGT Size Metrics Annual Revenue (from all IGTs) (blank) Worldwide Annual Receipts (in accordance with 13 CFR 121) Number of Employees (in accordance with 13 CFR 121) (blank) (blank) Location Annual Receipts (in accordance with 13 CFR 121) Number of Employees (in accordance with 13 CFR 121) (blank) (blank) Industry -Specific Barrels Capacity Megawatt Hours Total Assets (blank) (blank) (blank) This entity did not enter the EDI information This entity does not appear in the disaster response registry. City Council 14 — 175 8/6/2024 Oct 05, 2023 05: 34: 55 PM GMT https:llsam. govlentityIJWHEVR 7BKHJ51coreData?status=null Page 3 of3 CITY OF SANTA ANA ATTACHMENT G SAM.gov VERIFICATION On April 4, 2022, the federal government discontinued use of the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: SAM.gov Registration Expiration Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFI . 99 A Digital Marquees for Mu%re ANations APP4 6f 61 (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Outdoor Dimensions, LLC 714-578-9555 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 5325 E. Hunter Ave. Anaheim, CA 92807 BUSINESS ADDRESS Brian Pickler President PRINTED NAME OF AUTHORIZED AGENT TITLE 7/21 /2023 bpickler@outdoordimensions.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 83-0830624 1042246 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF 9. C2,9A Digital Marquees for Muki$r AEations APPH& 61 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE Customer Name: Contact Individual: Address: Phone Number: Contract Amount: EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Contract Amount: Phone Number: EMAIL: Year: Description of supplies, equipment, or services provided: REFERENCE Customer Name: Contact Individual: Address: Phone Number: Contract Amount: EMAIL: Year: Description of supplies, equipment, or services provided: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF X. C2,9A Digital Marquees for Muki$r LlAtions APPH& 61 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Fi Signed and Printed Name: Title President Date 7/21 /2023 Brian Pickler THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF X. C2,9A Digital Marquees for Mule- APations APP996f 61 CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Sig State of County County of 0 Subscribed and sworn to (or affirmed) before me on this day of20 1 , by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RQj`tW&SX 99A Digital Marquees for A jt4tiplq�qcations fieV204pf 61 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 Oranqe Subscribed and sworn to (or affirmed) before me on this` day ofz_atr,» 1e� 20'a.),.:2-s,.by proved to me on the basis of satisfactory evidence to be the persewho appeared before me. 0my 0. GASTELUM Notary Public - California Orange County Commission # 2306126 Comm. Expires Sep 18, 2023 (Seal) Signature City Council 14 — 181 8/6/2024 (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all 54ch recipients shall certify and disclose accordingly. Signed: �l Title: President Firm: Outdoor Dimensions ,LLC Date: 7/21 /2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF X. C2,9A Digital Marquees for Mule- A&tions APP96f 61 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract RFFCW. C2,9A Digital Marquees for Mule- M Ations APAP26f 61 (9) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: President Firm: Outdoor Dimensions, LLC Date: 7/21 /2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF X. 92,9A Digital Marquees for Mule- M4ations APP46f 61 CITY OF SANTA ANA ATTACHMENT G SAM.gov VERIFICATION On April 4, 2022, the federal government discontinued use of the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status. Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: SAM.gov Registration Expiration Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RFI . 99 A Digital Marquees for Mu%re A§cations APP4 6f 61 Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM IIII SAM*IGov@ OUTDOOR DIMENSIONS, LLC OUTDOOR DIMENSIONS, LLC Unique Entity ID JWHEVR7BKHJ5 Registration Status Submitted Registration Physical Address 5325 E Hunter AVE Anaheim, California 92807-2054 United States CAGE/NCAGE (blank) Expiration Date Oct 3, 2024 Mailing Address 5325 E Hunter AVE Anaheim, California 92807-2054 United States Purpose of Registration Federal Assistance Awards Only Doing Business as Division Name Division Number OUTDOOR DIMENSIONS LLC (blank) (blank) Congressional District State / Country of Incorporation URL California 40 Delaware / United States www.outdoordimensions.com Registration Dates Activation Date Submission Date Initial Registration Date (blank) Oct 4, 2023 Oct 4, 2023 Entity Dates Entity Start Date Fiscal Year End Close Date Aug 10, 2018 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) receive both of the following: 1. 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements and 2. $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? No Does the public have access to information about the compensation of the senior executives in your business or organization (the legal entity to which this specific SAM record, represented by a Unique Entity ID, belongs) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Not Selected Proceedings Questions Is your business or organization, as represented by the Unique Entity ID on this entity registration, responding to a Federal procurement opportunity that contains the provision at FAR 52.209-7, subject to the clause in FAR 52.209-9 in a current Federal contract, or applying for a Federal grant opportunity which contains the award term and condition described in 2 C.F.R. 200 Appendix XII? No Does your business or organization, as represented by the Unique Entity ID on this specific SAM record, have current active Federal contracts and/or grants with total value (including any exercised/unexercised options) greater than $10,000,000? Not Selected Within the last five years, had the business or organization (represented by the Unique Entity ID on this specific SAM record) and/or any of its principals, in connection with the award to or performance by the business or organization of a Federal contract or grant, been the subject of a Federal or State (1) criminal proceeding resulting in a conviction or other acknowledgment of fault; (2) civil proceeding resulting in a finding of fault with a monetary fine, penalty, reimbursement, restitution, and/or damages greater than $5,000, or other acknowledgment of fault; and/or (3) administrative proceeding resulting in a finding of fault with either a monetary fine or penalty greater than $5,000 or reimbursement, restitution, or damages greater than $100,000, or other acknowledgment of fault? Not Selected 7BKHJ51coreData1status=nu11 Page 1 of3 Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC Active Exclusions Records? No I authorize my entity's non -sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors Partnership or Limited Liability Partnership Business or Organization Limited Liability Company Manufacturer of Goods Profit Structure For Profit Organization Socio-Economic Types Check the registrant's Reps & Certs, if present, under FAR 52.212-3 or FAR 52.219-1 to determine if the entity is an SBA -certified HUBZone small business concern. Additional small business information may be found in the SBA's Dynamic Small Business Search if the entity completed the SBA supplemental pages during registration. Financial Information Accepts Credit Card Payments Debt Subject To Offset Yes No EIN Type of Tax Taxpayer Name *****0624 Applicable Federal Tax outdoor dimensions Ilc Tax Year (Most Recent Tax Year) Name/Title of Individual Executing Consent TIN Consent Date 2022 President Oct 4, 2023 Address Signature 5325 E Hunter AVE BRIAN PICKLER Anaheim, California 92807 Accounts Receivable POC 0 Christina Ghobrial, Controller cghobrial@outdoordimensions.com 7144596581 Electronic Business 5325 E Hunter AVE Christina Ghobrial, Controller Anaheim, California 92807 cghobrial@outdoordimensions.com United States 7144596581 Kristina Allen, Administrative Services Manager 5325 E Hunter AVE kallen@outdoordimensions.com Anaheim, California 92807 7144596614 United States Government Business 1. 5325 E Hunter AVE Brian Pickier, President Anaheim, California 92807 bpickler@outdoordimensions.com United States 7144596563 NAICS Codes Primary City 01. 11 AICS Cc es - 1 7 8/6/2024 Oct 05, 2023 05: 34: 55 PM GMT httpsJ/sam.govlenfityIJWHEVR7BKHJ51coreData?status=null Page ? of3 Last updated by Christina Ghobrial on Oct 04, 2023 at 04:35 PM OUTDOOR DIMENSIONS, LLC IGT Size Metrics Annual Revenue (from all IGTs) (blank) Worldwide Annual Receipts (in accordance with 13 CFR 121) Number of Employees (in accordance with 13 CFR 121) (blank) (blank) Location Annual Receipts (in accordance with 13 CFR 121) Number of Employees (in accordance with 13 CFR 121) (blank) (blank) Industry -Specific Barrels Capacity Megawatt Hours Total Assets (blank) (blank) (blank) This entity did not enter the EDI information This entity does not appear in the disaster response registry. City Council 14 — 188 8/6/2024 Oct 05, 2023 05: 34: 55 PM GMT https:llsam. govlentityIJWHEVR 7BKHJ51coreData?status=null Page 3 of3 ATTACHMENT H Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant Brian Pickler - President Name and Title of Official Authorized to Certify On Behalf of the Consultant 7/21 /2023 Date RFAWY. 92,9A Digital Marquees for Mule- M Pations PW9P&6f 61 ATTACHMENT H INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspension", "disqualified," "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction" unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 8. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. RF W. 92,9A Digital Marquees for Mule- APPations 490-F& 61 CITY OF SANTA ANA ATTACHMENT I STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1s', 2017. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Signed: %/� ✓` Title: President Firm: Outdoor Dimensions LLC Date: 9/8/23 City Council 14 — 191 8/6/2024 w a a o o U ti F y h r iir� z rn� r ¢ ws d g = az ¢ z�zo ao xo 3 zt'� LL,— m _ d �LL Qam� �LLxc± J UQ �ww EE Zy4 dw H� y Ur p Z t'rJ �4aQ o Zz jQ a�ao Y? rzcoW v'� yW �ZV� oq Y� r� yo ems"'-" 0~ WZ xo x H� S� tt � GZG 0 0 0 0 0�00 - a z N � "' Joao d a so a LL o� ~ U S Zo U a c�W,n�O vi N c� v� 4G d _- ww- fm� li (a` as A F-I _ o +, I o d O U r w r M O O 9 m N 0 'ND co N 0 I �U 0 U �, ■ � pq � y.y D § G§ « a ` (\§ <§& < -5 { a §z- LL \( g ! :�- 71 / ! §) N O N ? m q m I � � E _ 0 U � m � w a a o o z�zo Q Xo 3 zcxa� iz m a mLL s Ea LLxc± J UQ LL EE J zya dw ro y Ur O Z t'rJ �4aQ o Zz jo a�ao Yz oww s rzcow v'� oa r� ems"'-" xo xttd � �z ems= 0 0 0 0 0�00 _o 8 o � z N a � cn fm� =1�1 F-I d h Fa v;�4 l7 N N o m N m 21 N 0 'ND co rn I �U 0 U �J U Q a Q N O N co �, z CD 661 CZ L 7 z 0 W W ci a IC a ww H QU d C ¢ 4 1 o y � - � o c� z• a ¢ z "' - a��� d r m ■® L a w Oo ��^r mz FS r y C�J LL YJ o w w¢yd w w2 `mJ `�l .mi�LLi =ice LL� �y c � �sr ^ yZ c ciao � Fz oz F¢ w �S2 a a; Q tea_ y�Wr Y[�/�? 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Based on our team meeting on Dec. 5 and the site walk completed on Dec. 12, we have revised our proposal, per below. Our proposal includes Outdoor Dimensions managing the entire project from start to finish. This will include Design, Permitting, Bonds, Inspection, Trenching, Electrical, Production, Installation and Final Inspections. Below are two prices presented based on the selection of either the Bowers or Santiago Digital Marquee. Option 1: $1,690,290 (includes tax) Double Faced Digital Marauees • Dehli Park • Rosita Park • Centennial Park • Carl Thornton Park • Jerome Park Single Faced Digital Marquee • Bowers Museum Option 2: $1,710,000 (includes tax) Double Faced Dii?ital Marauees • Dehli Park • Rosita Park • Centennial Park • Carl Thornton Park • Jerome Park • Santiago Park 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 City Council 4 — 8/6/2024 U) z 0 U) z W ry 0 0 Z) 0 'J^ V ) 0 n 0 ry n U) 0 U r-I O —1 tD r-I r-I O ri O O V O N O O V O O V LD O LD LD LD LD O LD LD O Lf1 M Lf1 O Lf1 Lf1 M Lf1 Lf1 M J LD N LD M LD LD N LD LD N N M N �N N N M N N M 0000 0 0000 L`rn 0000 0000 0 0000 0000 0 LD N LD al LD LD N LD LD N 00 Lf1 00 O 00 00 Lf1 00 00 Lf1 LD I, LD 00 LD LD I� LD LD I� LD N LD ri LD LD N LD LD N x .-I N ri ri ri ri N ri ri N 4_f)- -L� 4_f)- 4_f)- -V)- 4.4 4_f)- -V)- Lf1 I:T LPf N Lf1 Ln Lf1 Lft lzr ,Zt N al tt N N J J O Il O N O O n O O n O Lf1 O M O O Lf1 O O Lf1 N N N LD N N N N N N N t Ln lzT M I:T lzr LPf lzT lzr Ln v4 v4 V' O O O O O O O O O O Z O O O O O O O O O O O O O O O O O m m m W W c-i ri ri ri ri ri ri ri ri ri Z u � a z W \ � V OO O O O O O O O O O O O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O Ln O o v v v v v v v v v v m ri ri r-I r-I r-I r-I r-I r-I r-I r-I JWa �tt')- tt')- tf� tf� tf)-v} tf� tatf)- Ln o Ln o Ln Ln o Ln Ln o v Ln v m v v Ln v v Ln N U � M � Ln V � M � M •r- N LD N M N N LD N N LD Z M Ln M m M M Ln M M Ln O y W 00 LD 00 01 00 00 LD 00 00 LD W M O M M M O M M O Y ri N ri r-I r-I N r-I r-I N M � N t t/)- tt)- t/)- t� � � �M �M M M M M z 01 ri 01 Ln Ol D1 ri D1 Ol ri W 00 r-I 00 lzr 00 00 r-I 00 00 r-I Cl O Cl V U U O al U O LD I, LD N LD LD I, LD LD I, z I, 00 I, n n n 00 I, n 00 0 _0 _0 _0 _0 _0 _0 a) '6 41 'O 41 41 6 41 41 'O U N U 41 U U U U N LL M LL M LL LL M LL LL M 41 LL 41 LL 41 41 LL 41 41 LL W tao O O O O O O O W (J Z � Y � o Z LU a Q 0 N a Y Y M a z a oc a z a 0 a W = H ~ �: 0 N Z Z W oC LU U U coVaf o W F- 0 z W a W a r-I N M V Lfl N O N co O N r �U 0 U �, DOUTDOOR DIMENSIONS Rosita Park Design Option - Total Price Single Faced Option - $276,560.12 Double Faced Option - $372,304.09 Design Styles 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 Contractor's ice e City Council — 1 8/6/2024 E 0 0 N ai E L 0 0 0 i i . qk§ \ ) /® � 00001* \{\ ƒ �m \\ \ L� 4 A 0§ \ 0 Ok (❑ ; w w (: N O N ? m N N I � m z w r Z Z 0 W W d a a r W � r a c h i a ay ~w t: <4 E3zr ��w —r> jw o 0 ��Qp ZyuZ.i =R mow= ca R WAN z d� a Q FT 71 x w o M O o yy � m R I• i- O U m� O N d 0 M P N a W c N O N co N I �U 0 U �, N O N co N I �U 0 U W Ln DOUTDOOR DIMENSIONS E Centennial Park Design Option - Total Price Double Faced Option - $276,560.12 Design Styles CM nF sMTA AM CENTENNIAL PARK • rri Sk - IK 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 Contractor's ice e City Council — 1 8/6/2024 to � w � � 4 N O U r w a a Wz CZ �* x �az Y r ¢a a r . 0 N Q a W c 21 N O N co N I �, fm� �w; w %: (41 V A r n L O N ml N 0 N co N I �U 0 U �, § � � k � k IC & ) (\\)\\ § (§j)}� - 1:� § I, m. N O N ? m m N I � � E _ 0 U � m z y r Z Z a 2 W C Cd L 0 ZEN r Y I- Joe ¢Z � w w a �O =w f e N w d O y s. U :21 N 0 N co rn N I �, DOUTDOOR DIMENSIONS Bowers Museum Design Option - Total Price Single Faced Option - $203,062.66 Design Styles ..........- 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 Contractor's ice e City Council — 8/6/2024 E 0 0 N ai E L 0 0 0 i i N O O M O iV c0 O N m Q a W c 21 7- D LL D U) w 0 m H U i Lo 7Z0 z ] z3 SW G N O �ND co N N I r l I � � m y LZO F Z a�� Q HE5 U m Z U 5 UCQi ? =z LL� coo a"' m � d rLL Z Q g� yxo V] y00 �zo w age -.mMo o w3 J �� L w D 2 U) w 0 CD C a Q z a Z a 0 a � NZI i. •^^.* \ � O a N z o 0 21 N O 'N^ co N N N I �U 0 U �, DOUTDOOR DIMENSIONS Santiago Park Entrance Design Option - Total Price Single Faced Option - $203,062.66 Double Faced Option - $276,560.12 Design Styles 1 " -WTA AMA SANTIAGO PARK i �a 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 Contractor's ice e City Council — 8/6/2024 E 0 0 N ai E L 0 0 0 z C7 LLI N H CZ C z v W W cl C Ca C 0 aW cdi O r y 1 b m T b 21 N 0 N co N N I �, 21 r� '� l 11, 'Al N 0 N co LO N N I �, k � k LU k � & Ln « 0 Z« m � N O N ? m S N N I � � E _ 0 U � m DOUTDOOR DIMENSIONS Jerome Park Design Option - Total Price Double Faced Option - $276,560.12 Three Faced Option - $372,304.09 Design Styles 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 E 0 U 0 N ai E L 0 0 0 i i Contractor's ice e City Council — 8/6/2024 N �- n 1 ` l `t oc F. • �W I N a - 4 Z c r-ya F a y w o Q a x o d a ao F a � zz��ro ".EEG 0 Q w w C r z GIs m1 N O N co co N N I �, Q =� 1� VW M w 1, 0 L� 21 U -m a - a Art =o- 0 z - 0 Z M o Lu �naiaiaa�a N O 'ND co rn N N I r �U 0 U �, § � L61 k 661 CI � ■ § B� �e E%§ \ \\12 \\ \\ \\\ \ \ 3 3 S 2 a y 1| N 3({ 4 A N O N ? m O q N I � m DOUTDOOR DIMENSIONS E Delhi Park Design Option - Total Price Double Faced Option - $276,560.12 Design Styles CM vF S.AM ANA )ELHI PARK i i 71 idk 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 Contractor's ice e City Council — 1 8/6/2024 o ❑ 0 �w � 4 N O U r w z � a a N ox .lilt#+ 0 Lo Q a W c N O N co N m N I �, CC! \ \ § I, 4 A q O N ? m � E _ 0 U � m z CD r CZ L z O 2 W W ci a IC 0 F Ll n a z N �_ aowz O uz Z F Z z W r o a r W 7; �1 s Lf d C W ❑Y ❑ J W 0 ®z _ ZS F- W L L J N 0 'N') co N I �U 0 U LAI \ } ) \\\ \ M § - 2 S S 3 e y y §§ )§ § M E N � � C ❑ ❑ 0 m Tr 7 \/Z\ § \ui}: .� E( ( e § B§ m g ) / s® M N O N ? m m q N I � � E _ 0 U � m DOUTDOOR DIMENSIONS E Carl Thornton Park Design Option - Total Price Double Faced Option - $276,560.12 Three Faced Option - $372,304.09 Design Styles Mi i i 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 Contractor's ice e City Council — 8/6/2024 / E � ^&/ [4[ N t . { 3({ /® z 0 E, \ u }u ± 4 § q O N ? m � E _ 0 U � m Q FT m F `log 0 � w a 0 r in 21 Z 0 z cc 0 �a J a U U) C d Q z a � ® • Z � V7 • Ll 0 U -m Art a - a =o- L 0o_ a izr z O �naiaiaa�a N 0 N co co m N r �U 0 U �, - ) - 2}« ) _ \ \Qse \ a a \ Rr C-4 \ 3({ � /® z 0 E, \ u }u ± 4 § N O N ? m m m N I � m (9) CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. Outdoor Dimensions, LLC 714-578-9555 LEGAL NAME OF COMPANY PHONE AND FAX NUMBERS 5325 E. Hunter Ave. Anaheim, CA 92807 BUSINESS ADDRESS Brian Pickler President PRINTED NAME OF AUTHORIZED AGENT TITLE 7/21/2023 bpickler@outdoordimensions.com SIGNATURE OF AUTHORIZED AGENT DATE E-MAIL ADDRESS 83-0830624 1042246 FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y 99-4'iAA Digital Marquees for Mu%re- ?69ations APPH 6f 69 (9) CITY OF SANTA ANA ATTACHMENT B REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE BRYANT HILL Customer Name: CITY OF PERRIS Contact Individual: Address: 101 N. D STREET Phone Number: 951-345-5676 PERRIS, CA 92570 Contract Amount: $150,000 EMAIL: BhiII@cityofperris.org Year: 20aZ:Ej023 Description of supplies, equipment, or services provided: Designed, produced, permitted and installed digital monument with brick and stone fascia, bronze logos and integrated lighting. REFERENCE CITY OF BALDWIN Customer Name: PARK Contact Individual: SAM GUITERREZ Address: 14403 E. PACIFIC AVE Phone Number: BALDWIN PARK, CA 91706 Contract Amount: $600,000 626-960-4011 X460 EMAIL: sgutierrez@baldwinpark.com Year: 2019 - 2023 Description of supplies, equipment, or services provided: Designed, produced, permitted and installed multiple digital monuments. REFERENCE CITY OF ORANGE NATHAN BLUHM Customer Name: Contact Individual: Address: 300 E. CHAPMAN ORANGE, CA 92866 Contract Amount: $300,000 714-532-6491 Phone Number: EMAIL: Nbluhm@cityoforange.org Year: 2022 Description of supplies, equipment, or services provided: Installation of electrical monuments throughout multiple parks in City of Orange. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y 99--4 b Digital Marquees for Mu%re- MJations PW9PR6f 61 (9) CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm Outdoor Dimensions. LLC Signed and Printed Name Title President Date 7/21 /2023 Brian Pickier THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y 99-4'iAA Digital Marquees for Mu%re- ?&tions PWP��Mf 61 (9) CITY OF SANTA ANA ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the proposer declares that the proposal is not nnade in the interest of, or one behalf of, any iiindicringad person, partnership, company, association, organization, or corporation; that the proposal is genuine and not collusive or sham; that the proposer has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, and has not directly or indirectly colluded, conspired, connived or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix anv overhead, profit, or cost element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and, further, that the proposer has not, dlreG ly or Indirectly, Submitted his or her propWJG price or any breakdown thereof; or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham proposal. Note: The above non -collusion affidavit is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this non -collusion affidavit. Proposers are cautioned that making a false certification may subject the certifier to criminal prosecution. Sig State of County of 4' c 61 a C_ Subscribed and sworn to (or affirmed) before me on this day of_L �l -e ii �)t r , 20 L , by � 'l te-,r, - -,fey F� L . ;' proved to me on the basis of satisfactory evidence to be the person($) who appeared before me. Notary Public Signature Notary Public Seal THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. R,Q#JVCa3*99A Diaital Marquees for A4t*ip124gcations f,�V204pf 61 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 Oranqe Subscribed and sworn to (or affirmed) before me on this day of y _�;1. �t n-� • � , 201.E-s, ,b proved to me on the basis of satisfactory evidence to be the persoA4�jwho appeared before me. I* ` , D. GASTELUM .'= Notary Public • California Orange County ' l� ` Commission # 2306126 ''��a'"'' My Comm. Expires Sep 18, 2023 + 'd (Seel} Signature' City Council 14 — 244 8/6/2024 (9) CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Farm-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all recipients shall certify and disclose accordingly. Signed: Title: President Firm: Outdoor Dimensions ,LLC Date: 7/21 /2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y 99-4'iAA Digital Marquees for Mu%re- Mc%tions APPR 6f 69 (9) CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract RF Y 99-4'iAA Digital Marquees for Mu%re- ?Nations APPR26f 61 (9) CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. �L Signed: ; Title: President Firm: Outdoor Dimensions, LLC Date: 7/21/2023 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y 99-4'iAAA Digital Marquees for Mu%re- Wations PWPPN6f 69 (9) CITY OF SANTA ANA ATTACHMENT G SAM.gov VERIFICATION On April 4, 2022, the federal government discontinued use of the DUNS Number to uniquely identify entities. Now, entities doing business with the federal government use the Unique Entity ID created in SAM.gov. They no longer have to go to a third -party website to obtain their identifier. This transition allows the government to streamline the entity identification and validation process, making it easier and less burdensome for entities to do business with the federal government. This RFP includes federal funding, and as such, the proposer must provide verification of their SAM.gov UEI and registration status_ Please attach your entity's registration from SAM.gov, including UEI and active registration status. Proposer's UEI: 66145475 SAM.gov Registration Expiration Date: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. RF Y 99-4WiAAA Digital Marquees for Mu%re- ?Ations APPR 6f 69 ATTACHMENT H Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions This certification is required by the regulations implementing Executive Order 12549, as amended, Nonprocurement Debarment and Suspension, 2 CFR Part 2998, Subpart C, Responsibilities of Participants Regarding Transactions. The regulations were published as Part VII of the May 26, 1988, Federal Register (Pages 19160-19211), and as subsequently amended in 81 Federal Register 25585. (Before completing certification, read instructions which are an integral part of certification) 1. Pursuant to 2 CFR 180.335, the prospective primary participant, (i.e. grantee) certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently excluded or disqualified; b. Have not been convicted within the preceding three years of any of the offenses listed in 2 CFR 180.800(a) or had a civil judgment rendered against them for one of those offenses within that time period. c. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses listed in 2 CFR 180.800(a); and d. Have not had one or more public transactions (Federal, State or local) terminated within the preceding three years for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Consultant Brian Pickler - President Name and Title of Official Authorized to Certify On Behalf of the Consultant 7/21/2023 Date RF Y 99-4'iAAA Digital Marquees for Mu%re— Mic'ations PW99&6f 61 ATTACHMENT H INSTRUCTION FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective recipient of Federal assistance funds is providing the certification as set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient of Federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment. 3. The prospective recipient of Federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of Federal assistance funds learns that its certification was erroneous whom submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarment", "suspension", "disqualified," "ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in this cause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective recipient of Federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, disqualified, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL. 6. The prospective recipient of Federal assistance funds agrees by submitting this proposal, that it will include the clause title "Certification Regarding Debarment, Suspension, Ineligible, or voluntarily excluded from the covered transaction" unless it knows that the certification is erroneous. 7. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. S. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntary excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension and/or debarment. RF Y 99-4'iAAA Digital Marquees for Mu%re- ?Ations PW996 61 CITY OF SANTA ANA ATTACHMENT 1 j 1MI EMVIMN T RCGhn1Rv1^Vv nsV VIMI.J1-41 1 ' Yv►nRIN. n.'-- AC-RFFN1FN . (C;WAI REQUIREMENTS STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT CWA REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 111, 2017. The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. Signed: ✓/s'✓'� Title: President Firm: 00dwr Dimensions LLC Date: 9/8/23 City Council 14 - 251 8/6/2024 OUTDOOR �ti__ DIMENSIONS Outdoor Dimensions, LLC 5325 E Hunter Ave. Anaheim, CA, 92807 Phone: (714) 578-9555 1 Fax: (714) 693-5978 Email: ar@outdoordimensions.com Web: www.outdoordimensions.com Contractors License #: 1042246 Quote QT028169 Date: 2/ 12/2024 Outdoor Dimensions, LLC reserves the right to bill and collect payment on any products and services performed (completed or otherwise) by the company with notification unless otherwise stated in a written contract. Completed products that have not been installed or shipped to client are held for the stated project and are not used for any other project without client approval- 1 SN-ELC-MON 1 Santiago Park $270,641.83 $270,641.83 Double Faced Monument 2 SN-ELC-MON 1 Centennial Park Double Faced Monument 3 SN-ELC-MON 1 Jerome Park Double Faced Monument 4 SN-ELC-MON 1 Delhi Park Double Faced Monument 5 SN-ELC-MON 1 Carl Thornton Park Double Faced Monument SANTIAGO PARK DOUBLE FACED OPTION Quote is for 4 double faced Digital Marquees and Santiago Park Double Faced Digital Marquee option. Each line item includes the total cost for each location: Monument, Daktronics Screen, Permitting, Engineering, Material, Equipment, Installation, Tax and Bond. $289,881.98 $289,881.98 $285,344.28 $285,344.28 $290,318.49 $290,318.49 $284,432.51 $284,432.51 Prices are valid for 45 days from the date of this contract Sales Total: $1 ,420,6'19.09 Initial By: Date: Deposit: Tax Total: $0.00 The above items are required () working production days. The above prices do not include permits or permitting labor/fees unless noted Total Due: $1 ,420,619.09 City Council 14 — 252 6/2 4 1 +�Ilk ■■■. 51GNS • BANNERS • FLAGS • INTERIOR DESIGN Lauren Matthews, Management Aide City of Santa Ana — City Manager's Office 20 Civic Center Plaza Santa Ana, CA 92701 September 8, 2023 Dear Ms. Matthews, Please find our proposal for RFP No. 23-099A for Digital Marquee Installation Services. We look forward to the opportunity to partner with the City of Santa Ana for this project. Outdoor Dimensions, LLC has over 45 years of experience as a market leader throughout California in Architectural Signage. With over 110,000 sq. ft. of space in Anaheim, our team consistently exceeds our clients' expectations by offering a full suite of services: including design, fabrication and installation of high -quality interior and exterior signage. Our annual project list spans approximately 1200-1500 projects. The OD team is present and manages the entire signage project. We have established long-term relationships with numerous cities and continue to partner with them to implement successful projects. We look forward to the opportunity to establish the same with the City of Santa Ana. Partial Client List City of Anaheim, City of Newport Beach, City of Perris, City of Long. Beach, City of Laguna Beach, City of Orange, City of Baldwin Park, City of Irvine Thank 7 you! r Brian Pickler bpickler@outdoordimensions.com 714-459-6563 (direct line) �7S Fact HiintPr AvPniiP Anaheim CA 92807 City Council P: 714-578-9555 F:1_44_6 35978 8/6/2024 Contractor's License #1042246 Table of Contents ServicesProvided........................................................................................................... Agreement Statement................................................................................................. Firm and Team Experience............................................................................................ ProposedWork Plan................................................................................................. City Council 14 — 254 8/6/2024 OUTDOOR DIMENSIONS Services Provided The attached proposal from Outdoor Dimensions is for the RFP No 23-099A for Digital Marquee Installation Services for The City of Santa Ana. Our proposal consists of providing and managing the services of design, permitting, production and installation of Digital Marquee Signs at 6 separate locations. Our team has reviewed Exhibit I — Scope of Services and are confident in our expertise to produce and deliver the scope of services 1. Proposed Locations — Multiple site visits were made to each location by our team, including our electrician, production and installation team. 2. Source Digital Marquees (screens) —We have a close relationship with Daktronics and have used them on multiple jobs. We feel confident in their product and have used them in our bid for the screen. 3. Source Digital Marquee Structures — We have a warehouse in Anaheim that spans over 110,000 sf, where our team will construct and produce the structures. We always welcome any City of Santa Ana team member to be involved or visit the site during the project. 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 City Council 4 — 8/6/2024 4. Install Digital Marquees —We have an installation team and will be installing the monuments. 5. Maintenance — Our team will be providing maintenance for the structure Daktronics will be providing maintenance for the screen, and we will work with them to manage that. 6. Screen functionality, operation, and services — Our team will coordinate with Daktronics and the City of Santa Ana team to provide training and a smooth transition. t t 5325 East Hunter Avenue, Anaheim CA, 90807 P: 714-578-9555 F: 714-693-5978 © 2015 Outdoor Dimensions. All Rights Reserved. City Council 14 — 256 8/6/2024 OUTDOOR DIMENSIONS Agreement Statement Outdoor Dimensions has reviewed the contract and agree with the terms laid out in the Exhibit II — Sample Agreement and Addendums. Our team will design, produce, permit and install the monuments proposed to The City of Santa Ana. We have noted on Page 14 of the Addendum regarding Community Workforce Agreement that 30% of total work hours are to be performed by local residents. We also note on Page 15 that employees are not required to become or remain Union workers. We look forward to utilizing our employees to partner on this project and satisfy the Community Workforce Agreement. 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 City Council 4 — 8/6/2024 OUTDOOR DIMENSIONS Firm and Team Experience WHO IS OUTDOOR DIMENSIONS? Founded in 1974, Outdoor Dimensions is a multifaceted signage and graphics company that has been in the signage business for more than 48 years. Outdoor Dimensions currently conducts business in an 110,000 square foot facility located at 5325 Hunter Ave., based in the city of Anaheim CA. In 2018, Outdoor Dimensions went from a Corporation to an LLC status. Outdoor Dimensions currently has 148 full-time employees, in which, 50 of those have been with the company over 15 years. We currently have (7)1-ton installation trucks, we have (1) 100' crane truck, (1) 45' bucket truck, (3) 5'x10' cargo vans, (1) 6'x12' cargo van, (1) 8'x15' cargo van and (6) 1/2 ton pick-up trucks. We have a 12,000 square foot metal fabrication facility on -site, 3- Automobile sized -paint spray booths, sewing and a full screen printing department. Our team manages the process from design, permitting, production and installation. Outdoor Dimensions currently works with cities including: City of Irvine, City of Baldwin Park, City of Anaheim, City of Newport Beach, City of Perris, and City of Orange. We are a company that has years of experience and are committed to ensuring that we not only meet our clients expectations but go beyond those expectations. This project will consist of 5 key staff members that will be assigned to perform the services. Our team can provide additional staff as needed. Danielle Purcell - Account Executive Victor Betancourt - Account Manager Alexi Zellner -Vice President Production Joey Hamlin —Vice President of Installation Victor Loza — Pre -Production Operations Manager 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 City Council 4 — 8/6/2024 Outdoor Dimensions is in Anaheim with a warehouse that spans over 100,000 sf. Danielle Purcell — Account Executive 949-378-4367 dpurcell@outdoordimensions.com Brian Pickler —President bpickler@outdoordimensions.com Federal Funding 5325 East Hunter Avenue, Anaheim CA, 90807 P: 714-578-9555 F: 714-693-5978 © 2015 Outdoor Dimensions. All Rights Reserved. t t City Council 14 — 259 8/6/2024 OUTDOOR DIMENSIONS Staffing Resources DANIELLE PURCELL— PROJECT LIAISON (KEY) Account Executive During Danielle Purcell's tenure with Outdoor Dimensions, she has built a solid reputation of exceeding client expectations from initial design all the way through the installation of projects. Danielle has a BS in Computer Science and Information Sciences Some of Danielle's clients include: • City of Perris • City of Orange • City of Newport Beach • City of Long Beach • Amazon • Gap Additional Liaisons: JOEY HAMLIN —VICE PRESIDENT INSTALLATION (KEY) Joey Hamlin is the V.P. of Installation with Outdoor Dimensions, LLC. He has been with the firm for 41 years. Joey Hamlin has been with Outdoor Dimensions for 39 years. His current role is Vice President of Installation. Joey manages a team of 32 Customer Service Field Representatives and coordinates our daily/weekly installation schedules. He works closely with our team and customers to ensure installations are completed with accuracy and precision. Joey leads the team in the delivery of performance targets for safety, production, costs, and team development. He is an accomplished professional with demonstrated expertise in leadership and project coordination with a deep commitment to customer service. ALEXI ZELLNER—VICE PRESIDENT PRODUCTION (KEY) Alexi Zellner is the V.P. of Production with Outdoor Dimensions, LLC. He has been with the firm for 21 years. Alexi Zellner has been with Outdoor Dimensions for 21 years. His current role is Vice President of Production where he manages 60+ employees. Alexi works closely with all departments to ensure product quality and accuracy. Alexi has a vast knowledge of 5325 East Hunter Avenue, Anaheim CA, 92807 P: 714-578-9555 F: 714-693-5978 City Council 4 — 8/6/2024 materials and methods. This makes him excellent at problem solving and creating original concepts. He has a diverse set of skills including welding, graphic design and quality control. As a true professional, Alexi is committed to driving continuous improvement through proactive thinking and teamwork. VICTOR LOZA — PRE -PRODUCTION OPERATIONS MANAGER (KEY) Victor Loza is the Pre -Production Operations Manager with Outdoor Dimensions, LLC He has been with the firm for 18 years. MARIO LOPEZ — FABRICATED SIGNS PRODUCTION MANAGER (KEY) Mario Lopez is the Fabricated Signs Production Manager with Outdoor Dimensions, LLC He has been with the firm for 8 years. Mario has been in the Sign industry for 20 years with expertise in metal fabrication, electrical, and paint. Mario is a City of LA Quality Control Inspector, Certified Welder, and UL Certified for Electrical Signage. JOHNNY MARTINEZ— ELECTRICAL FOREMAN (KEY) Johnny Martinez is a C45 Oversight Supervisor with Outdoor Dimensions, LLC. He has been with the firm for 9 years. Johnny has been a licensed C-45 Contractor since 1999 and hase been in the sign industry since 1987. Previously, he owned an installation company named Sign Lights Plus for 18 years before he brought my license to Outdoor Dimensions. He has built and installed signs for companies such as Disney, Universal Studios, Kaiser, Hoag, Cedar Sanai, and many City projects and Multi -family projects over the years. From monuments to pylons to large LED digital reader board signs to scoreboards at baseball fields such as Dodger Stadium and several high schools. He is a certified Crane Operator, Electrician, Welder, Rigging expert and is certified to Instruct and train employees how to operate Boom lifts and forklifts. Johnny has completed OSHA 30 and is Certified in scaffolding and all types of swing stage equipment for erecting signs over the side of high-rise buildings. He has worked with the Contractor state licensing board and 5 other C-45 Contractors over the past four years to re -write all the questions on the exam to become a C-45 Contractor. Now, he is currently in charge of the installations in the field and goes from job site to job site making sure everything goes smoothly from start to finish. AGUSTIN LUNA — LEAD INSTALLER/TECHNICAL INSPECTOR (KEY) He has been with the firm for 32 years, he is well versed in all aspects of signage installations. SANTIAGO SERNA — LEAD INSTALLER (KEY) 5325 East Hunter Avenue, Anaheim CA, 90807 P: 714-578-9555 F: 714-693-5978 © 2015 Outdoor Dimensions. All Rights Reserved. City Council 14 — 261 8/6/2024 O 0 He has been with the firm for 29 years, his area of expertise is installing vinyl. From large N ) concrete parking columns to vinyl wrapping an airstream he has perfected his trade. O LUIS CHOMINA— LEAD INSTALLER (KEY) 'N He has been with the firm for 26 years, his proven track record for success with little ) direct oversight has made him our main out of state lead installer. W E ABRAHAM ARMENDARIZ — LEAD INSTALLER He has been with the firm for 25 years, he specializes in carpentry which makes him our i go to lead for sales office furniture installations. O O ALBERTO SERRANO — LEAD MULTIFAMILY INSTALLER 'a He has been with the firm for 24 years, he specializes in multifamily and ADA compliance signage. O FRANCISCO SANDOVAL — LEAD MULTIFAMILY INSTALLER He has been with the firm for 20 years, his expertise of multifamily installations and ability to mentor newer installers has made him a valuable asset to our team. Francisco has helped mold countless installers to become leads throughout his tenure at OD. ROLANDO NAVAS — LEAD MULTIFAMILY INSTALLER He has been with the firm for 18 years, he specializes in multifamily and ADA compliance signage. AUSTIN VEITH — LEAD INSTALLER (KEY) He has been with the firm for 6 years, his commitment to great work and exceptional customer service has made him our lead installer for high priority Irvine Company projects. JOHN CERVANTES — LEAD INSTALLER He has been with the firm for 4 years, his reliability and ability to adapt has allowed him to quickly rise through the ranks and become a lead in less than 2 years. MIGUEL SANCHEZ — LEAD MULTIFAMILY INSTALLER He has been with the firm for 4 years, his expertise and attention to detail when it comes to multifamily installs have allowed him to become a lead in less than 2 years. 5325 East Hunter Avenue, Anaheim CA, 90807 P: 714-578-9555 F: 714-693-5978 © 2015 Outdoor Dimensions. All Rights Reserved. City Council 14 — 262 8/6/2024 ��OUTDOOR DIMENSIONS 1U.1•rl•1.1x• Tj'f ri a W_I[L Outdoor Dimensions will follow the below work plan to ensure that the clients expectations are met in regards to providing a quality product that meets the City of Santa Ana approval and standards, meeting install time lines, keeping City of Santa Ana updated with status of jobs as much as necessary with email or verbal communication. Finally, and most importantly, keeping our install technicians safe while out in the field installing product. Our anticipated approach to performing the service requested is outlined below. 1) Pre -Design Site Surveys a. Designs and pricing will be finalized per each location the specific needs and conditions of each location 2) Submittals, Samples, and Approvals a. Collect relevant documentation needed to finalize designs b. Finalize designs and submit PDFs for approval from City of Santa Ana c. Once designs approved, product samples will be produced to show colors, materials, and other questionable conditions for approval 3) Engineering and Permitting a. Approved designs to be developed into final production drawings dwlvwmh� 5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved. City Council 14 — 263 8/6/2024 ��OUTDOOR DIMENSIONS b. Shop drawings will be reviewed and stamped by licensed engineer 4) Production a. Outdoor Dimensions will produce these signs 100% in house to control the quality expectation of City of Santa Ana i. Process will begin in metal fabrication department where fabricators will cut skins out of aluminum substrate ii. After skins are cut to size fabricators will cut and weld 2" square aluminum tubing to create the frame/structure of each monument iii. Once structure is complete the cut aluminum skins will be applied and be sanded to rid of any imperfections and seams iv. Structure is then transferred to finish workshop where sign will be layered with coat of automotive grade primer, sanded once more to insure smooth surface, and finally layered with automotive grade paint (to drawing specs.) v. Simultaneously with the finish process the acrylic push through elements will be routed out of UL certified acrylic for illuminated copy affect. 5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved. City Council 14 — 264 8/6/2024 ��OUTDOOR DIMENSIONS vi. Once structure is completely dry it will be transferred to assembly department where electrical components will be assembled. vii. Final step in production will be layered anti -graffiti coat application. b. Representatives from City of Santa Ana are welcome to visit OD during the production process as desired c. Completed signs will be inspected against approved shop drawings and samples by dedicated quality control inspection team d. Proposed designs production timeline approximately 5-7 weeks to complete per location. 5) Quality review a. Client is invited to inspect signage after production, but before installation b. Any quality issues found will be addressed before installation dates 6) Site Walk and Preparation (per job site) a. Site safety plan to be worked out with City of Santa Ana construction team i. Will include lift safety plan and access plan for any overhead signage b. Final field conditional and measurements to be verified by Outdoor Dimensions 5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved. City Council 14 — 265 8/6/2024 POUTDOOR DIMENSIONS 7) Installation (per job site) a. Deliver needed lifts or equipment to site within 2 days of installation, and to be removed in timely manner after installation complete b. Monument installation: i. Footing(s) will be dug prior to inspection taking roughly about 3-4 days. ii. Once footings are dug, the forms will be set pending inspection to pour concrete, roughly 2 days. iii. After inspection is passed sign will be installed taking roughly 1-2 days. iv. Finally after sign is secured our team will install remaining design features including: brick veneer/rock and cast bronze plaques, roughly taking 3-4 days. b. Digital Display Setup: i. City of Santa Ana content managing team will require to meet with Daktronics Technician, location TBD, to run through short course on content management and uploading. 5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved. City Council 14 — 266 8/6/2024 ��OUTDOOR DIMENSIONS d. OD's schedule assumes bulk of work is performed Monday — Friday during working hours (6:30 am — 6pm). If off hours or weekends required, additional charges will be estimated and approved before work is performed. Schedule of delivery Duration in Business Task Name Days Notes Site Survey 5 Days To review all sites Shop Drawings 5 Days Engineering/Calcs 7 Days Revisions 3 Days Sign Placement (Location Walk) 5 Days Masonry rock or 8-10 weeks for 1st sign stone onsite can be Production & 7-8 week each an additional 3-5 Installation additional days Review Sign -off 5 Days Suggestions or Special Concerns During the design phase, Outdoor Dimensions will collaborate with the City of Santa Ana on the design and can suggest Value Engineering to the monuments. 5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved. City Council 14 — 267 8/6/2024 ��OUTDOOR DIMENSIONS iv. Description of Deliverables and implementation plan 1. Working Drawings — Detailed working drawings of each monument, including size, scale, image superimposed in site location, materials, and details of production. City of Santa Ana will have time to review and approve during the design process and prior to production. 2. Engineering Drawings— Engineering Drawings of each monument. 3. Permit Package — Permit package for each monument that our team will create and submit to the City. This will include, but not be limited to, Letter of Authorization, Permit Application and required information, Working & Engineering Drawings and Site Map. 4. Approved Permit Package from City — Copy of Approved and Signed Permit Package from the City. 5. Information on Warranty, Care and Maintenance 5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved. City Council 14 — 268 8/6/2024 ��OUTDOOR DIMENSIONS CITY OF PERRIS Bryant Hill, Director of Public Works 101 N. D Street Perris, CA 92570 bhill@cityofperris.org 951-345-5676 CITY OF ORANGE Nathan Bluhm, Senior Project/Landscape Coordinator 300 E. Chapman Ave. Orange, CA 92866 nbluhm@cityoforange.org (714)532-6491 REFERENCES CITY OF NEWPORT BEACH Gregory Haynes, Public Works Supervisor 100 Civic Center Drive Newport Beach, CA 92660 ghaynes@newportbeach.ca.gov (949) 644-3084 CITY OF IRVINE Gregg Gipe, Project Administrator 1 Civic Center Plaza Irvine, CA 92606 GGipe@Cityoflrvine.org (949) 724- 7372 5325 East Hunter Avenue, Anaheim CA. 90807 P: 714.579.9555 F: 714.893.5978 © 2019 Outdoor Dimensions, LLC. All Rights Reserved. City Council 14 — 269 8/6/2024 City of Santa Ana Marquee Locations Proposed Marquee Location Existing Marquee Location City Council 14 — 270 8/6/2024 iles Park Marquees Rosita Hazard Ave 3,151 3,080 Z w -p�, N N i *r T O Centennial Edinger Ave 12,052 12,026 O T Jerome McFadden Ave Numbers indicate average daily traffic volume Marquee; rays indicate face direction 1 Bowers/Santiago Memory Ln w — o Option B Santa Clara 20th St N N v' w Option A 17th Delhi Warner Ave 10,122 10,742 11,949 12,089 Q Thornton 10,253 8,299 Nolaby Council 14 — ers rom Ave 8/6/2024 cyan .o ro N rnQE U m mwyQEE�- wU aw�n3�o�a O N E N= Q O Q O D U W O N O O O L W c- 3 QQ C, W oa��2� z 2 a LU O rn'�rn-c°E�m 3 m o ma o dO°i'ymQQ(D � N X 'C ° c 'm a w U 'UQ vj ..Y� 2� N l0 ` U l0 '�" N Q J y O t5 p O c aQmE'wm�Q�`m fna"c�m m N W �- � O U Wz�yn�omyc vj 0-t����NEEU=- �QwWaN�o° �,y`°°'o"-mrn d¢omEErnScoEa a o o a� c Q 0 W .�? J z W P: U `° U- W U W a �a IQL -)adU- w C aw aQ)a a z O H U 0 N N L}L L}L N N co co L}L L}L 00 c N N N N LL LL N N co co LL LL LL LL N N LO LO N N L}L L}L LO LO N N N N LL LL v O 0 0 c CD N O 00 O O) N 00 CO N w } ( O N LL � � H CO O c �, O U W 2 0) i ; - S� O c � m U U u1 a J H O v O c N O Oi N O m } LO LO LL W W J H 0 O z LL LL O W D LL O CO N N W N O Qco co Q N N N W U O H co Z� O N ti N ,c m m .c W Z O U cl) ti > Q U U O O U U U z Lu ,U Qa Human Resources https://www.santa-ana.org/human-resources Item # 15 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Renew Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority and Arthur J. Gallagher AGENDA TITLE Renewal of Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority (ICRMA) and Arthur J. Gallagher, and Appropriation Adjustment, Associated Insurance Premiums, Costs, Programs, and Regulatory Fees for an Amount not to Exceed $12,600,000 (Non -General Fund) RECOMMENDED ACTION 1. Authorize the City Manager to approve payment of insurance premiums and associated programs to ICRMA in an amount not to exceed $8,250,000 for the protection of City assets from July 1, 2024 through June 30, 2025 including, but not limited to, the following: a. Excess Liability Program b. Excess Workers' Compensation Program c. Auto Physical Damage Program d. Property and Equipment Program e. Crime Program f. Cyber Program g. Associated Programs 2. Authorize the City Manager to approve payment of insurance premiums to Arthur J. Gallagher, Broker, in an amount not to exceed $3,500,000 for ancillary coverages of City's assets from July 1, 2024 to June 30, 2025 including but not limited to: a. General Liability Buffer Program b. Workers' Compensation Buffer Program c. Earth Movement & Flood and Difference in Coverage Program d. Terrorism Insurance Program e. Underground Storage Tank and Environmental Program 3. Authorize the City Manager to approve payments to cover FY 2024-25 City Special Events Insurance for events, including, but not limited to, Fourth of July fireworks show, neighborhood winter events, and other City -sponsored events as created and held, in an amount not to exceed $350,000. City Council 15 — 1 8/6/2024 Renew Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority and Arthur J. Gallagher August 6, 2024 Page 2 4. Authorize the City Manager to approve the City's obligation to pay the State of California DIR estimated assessment in the amount not to exceed $500,000. 5. Approve an Appropriation Adjustment to recognize $2,200,000 in the Liability and Property Insurance Revenue, Prior Year Carryforward revenue account (No. 08009002-50001) and appropriate the same amount into the Liability & Property insurance account (No. 08009051-64010). (Requires five affirmative votes) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Staff is recommending renewal with ICRMA, a joint powers authority formed in 1980 in accordance with California Government Code Section 6500. ICRMA's purpose is to provide: 1) excess and re -insurance to protect members from extensive financial debt due to large claims, settlements, and judgments; 2) group insurance purchasing power that can offer broader coverage at a lower cost; 3) rate stability; and 4) protect individual member cities through pooling of losses and self-insurance. ICRMA also offers to its members actuarial services, appraisal services, loss control assessments and recommendations, safety trainings, claims audits, contract risk transfer consultation, and other services and resources. Currently composed of 14 California cities, Santa Ana joined ICRMA in July 2019. For this renewal period: • The City's Workers' Compensation coverage experienced an increase of approximately 12%. • The City's Liability and Property premiums increased approximately 10%, which overall is a very good outcome. • The City's Property & Equipment Program premium decreased approximately 10%. • Overall, the City's insurance coverages remain the same with a lower than expected increase in premiums on the Liability and Property program and an average increase in premiums on the Workers' Compensation program. Cost of insurance continues to increase primarily due to the following ongoing reasons: 1. An insurance market with continually decreasing excess carriers willing to quote municipal government entities in California, primarily those with police departments; 2. High dollar jury awards of litigated matters against public entities; 3. High dollar settlements of litigated and non -litigated matters; 4. Rising cost of repairs and replacement of damaged vehicles, property, and equipment; 5. Increased number of claims filed against the City resulting from aging infrastructure including sidewalks and streets; and 6. Increased number of claims filed against the City resulting from damage caused by City Council 15 — 2 8/6/2024 Renew Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority and Arthur J. Gallagher August 6, 2024 Page 3 City -owned trees. QUOTED & ESTIMATED PREMIUMS & FEES WORKERS' COMPENSATION COVERAGES FY 2022/23 FY 2023/24 FY 2024/25 Excess Pool Workers' Compensation Program $ 345,678 $ 415,464 $ 459,770 Excess Workers' Compensation Buffer $ 257,356 $ 264,085 $ 300,027 Sub -Total $ 603,034 $ 679,549 $ 759,797 Percent Change 12% 13% 12% LIABILITY AND PROPERTY COVERAGES FY 2022/23 FY 2023/24 FY 2024/25 Excess Pool Liability Program $ 5,123,142 $ 6,070,925 $ 6,927,723 Auto Physical Damage Program $ 129,488 $ 145,108 $ 185,294 Property & Equipment Program $ 485,380 $ 593,557 $ 534,757 Crime Program $ 14,233 $ 15,394 $ 17,563 Cyber Program $ 111,964 $ 100,445 $ 118,787 Excess Liability Buffer $ 1,233,321 $ 1,743,398 $ 1,805,650 DIC Earth Movement & Flood $ 1,126,819 $ 1,283,147 $ 1,353,245 Terrorism $ 13,164 $ 13,723 $ 14,652 Underground Storage Tanks- Environmental $ 11,112 $ 12,539 $ 15,314 Sub -Total $ 8,248,623 $ 9,978,236 $ 10,972,985 Percent Change 25% 21 % 10% FY 2022/23 FY 2023/24 FY 2024/25 City Special Events Insurance $ 300,000 $ 350,000 State of California DIR $ 500,000 $ 500,000 Total $ 11,457,785 $ 12,582,782 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The recommended action includes appropriating $2.2 million of the General Liability Fund balance, which will reduce the available funds to pay liability claims in the future. The following table compares the most recent actuarial valuation for claims liability to the estimated fund balances in the Workers' Compensation and General Liability Funds Actuarial estimates of the liabilitv are more than the Citv has on deaosit. I I Workers' Compensation I General Liability I City Council 15 - 3 8/6/2024 Renew Citywide Insurance Program and Policies Procured through Independent Cities Risk Management Authority and Arthur J. Gallagher August 6, 2024 Page 4 Actuarial valuation as of June 30, 2024 $18,367,000 $35,595,000 Estimated fund balance as of July 1, 2024 $18,304,735 $13,954,070 Estimated Shortfall $62,265 $21,640,930 After appropriation adjustment, the following table summarizes the funds budgeted and available for estimated premium and administrative costs. Staff will continue to propose increases to internal service charges in future budget cycles to reduce the estimated shortfall, which will primarily be borne by the General Fund. Accounting Fund Accounting Unit — r Year ea Unit — Description Account No. Amount Account No Description 08209054- Workers Workers $ 1,300,000 2024-25 64010 Compensation Compensation, Insurance Payment 08009051- Liability & Liability & Property $ 9,640,380 2024-25 64010 Property Insurance, Insurance Insurance Payment APPROPRIATION ADJUSTMENT 2024-25 08009051- Liability & Liability & Property $ 2,200,000 64010 Property Insurance, Insurance Insurance Payment Total: $ 13,140,380 EXHIBIT(S) 1. Joint Exercise of Powers Agreement for Insurance and Risk Management Purposes 2. Agreement For Consultant Services Between City of Santa Ana and Arthur J. Gallagher Risk Management Services LLC 3. ICRMA Member Contribution Invoice — Santa Ana — Invoice # 4373 4. Arthur J. Gallagher Risk Management Services, LLC — Invoice # 5195470 Submitted By: Lori Schnaider, Executive Director of Human Resources Approved By: Alvaro Nunez, Acting City Manager City Council 15 — 4 8/6/2024 A-2019-107 NSURAWE NOT REQUIRED WORK H Y PROCEED CLF K of COUW- L AUG 1 4 2019 FIFTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES This Fifth Amendment To Joint Exercise Of Powers Agreement For Insurance and Risk Management Purposes ("Agreement') is executed by and among the public entities, hereafter referred to as Member or Members, each of which is organized and existing under the laws of the State of California and is a signatory to this Agreement and listed in Appendix "A", which is attached hereto and made a part hereof. This Agreement, dated October 13, 2004, for identification purposes, amends the Joint Exercise of Powers Agreement For Insurance and Risk Management Purposes dated August 12, 1998. RECITALS This Agreement is predicated upon the fallowing facts: The following State laws, among others, authorize the Members to enter into this Agreement: 1. Labor Code Section 3700, permitting a Member to fund its own Workers' Compensation claims; 2. Government Code Section 990, permitting a Member to insure itself against tort or inverse condemnation liability; Approved by the Goveming Hoard October 13, 2004 1 City Council 15 — 5 8/6/2024 3. Government Code Section 990.4, permitting a Member to provide insurance and self-insurance in any desired combination; 4. Government Code Smotion 990.6, permitting the proper costs for self-insurance to be charged against each Member and authorizing the Governing Board to make promium payments for such coverage in an amount such Governing Board determines to be necessary to provide such coverage; 5. Government Code Section 990.8, permitting two or more Members to enter into an. agreement to ,jointly fund such expenditures under the authority of Government Code Sections 6500 pt se_g,.; 6. Government Code Section 6500 et seq., permitting two or more Members to jointly exercise, under an agreement, any power which is common to each of them. NOW,. THWFORRE, for and in consideration of the mutual benefits, covenants, and agreements set forth in this Agreement; the Members agree as follows: AARTIcLX 1. 1.1 Pursuant to Article T (commencing with Section 65oo) of Chapter S of Division 7 of Tide.1 of the Government Code of the State of California, the Members hereby create a public entity, separate and. apart from the Members, to be lmown as the Approved by the 0averning Bond October 13, 2004 2 City Council 15 — 6 8/6/2024 Independent Cities Risk Management Authority, hereinafter referred to as "TC,RMA" or the "Authority". Pursuant to Government Code Section 6508.1, the debts, liabilities, and obligations of fe Authority shall not constitute debts, liabilities, or obligations of any Member. ARDCLE 2. �JI POSE. 2.1 The purpose of create this Authority is to exercise the powers of the Members to jointly accomplish, the following; 2.1.1 Develop effective Risk Management 1'rogralrls to reduce the amount and frequency of their losses. 2.1.2 Develop Risk Management .Programs of insurance to protect Members from the effects of catastrophic or unexpected losses. Such proga ns shall include, but not be limited to, coverages for losses arising out of Tort Liability, Workers' Compensation, Health Benefits, and the ownership or use of real or personal property. 2.1.3 Design Risk Management Programs of the Authority on a pooled or solf`-funded basis whereby the Members share some portion, or all, of the costs of the program losses. 2, l.4 Jointly purchase insurance, excess insurance, or reinsurance and/or develop alternative financial arrangements for the purpose of transferring risk of loss to commercial insurers. Approved tW the tiovM69 Bmd LlOWW 13, U04 3 City Council 15 — 7 8/6/2024 " 2.1.5 Assist Members to the maximum extent authorized by law to secure long term solutions enabling the Authority to provide adequate protection to Members against catastrophic, or greater than expected; claims and to attract major reinsurers for the purpose of transferring risk. 2.1.6 Jointly secure administrative ative and other services including, but not limited to, general administration, underwriting, risk management, loss prevention, claims adjusting, data processing, brokerage, accounting, and legal services when related to any of the other, purposes. A:IFMTI ` E I DEFYNMONS 3.1 The fallowing dafttutions shall apply to the provisions of this Agreement and the Ry'=.1..wv u of the Authority and iv=5la 'fcuiagemarn` Pt17,�',II,'ams: 3.1.1 "Agreement" shall mean this Agreement, as it may be amended from time to time, creatingthe Independent Cities Risk Managament.Authority. 3.1.2 "Board" or "Governing Board" shall moan the governing body of the Authority: 3.1.3 "By -Laws" shall mean the rules governing the management of the Authority and each individual Risk Management Program, Approved by tha Go"ming Board October 13, 2004 .4 City Council 15 — 8 8/6/2024 3.1.4 "Claim(s)" small mean demand(s) complying with the requirements of California Government Code Section 910 and made. against the Member arising out of occurrences which are covered or alleged to be covered by the Authority's Memorandums of Coverage, or policies of insurance. 31,5 "Fiscal Year" shall mean the period of time commencing on July 1 of each year, and thereafter ending on June 30 each following year. 3.1.6 "Governing Documents" shall mean this Agreement, the By -Laws .of the Authority and each Risk Management Program, the Memorandum. of Coverage and any other document stipulated as a Governing Document in the By -Laws or by action of the Governing Board. 3.1.7 "Insurance" shall mean insurance or reinsurance purchased by the Authority to cover losses for its Members. 3.1.8 'Member" shall mean any Municipal Corporation or public entity authorized to be a member of a Joint Powers Authority, which is a party to U. s Agreement .and is participating in one or more Risk Management Programs. US "Memorandum of Coverage" shall mean the document or documents issued by the Authority specifying the types of coverages and limits ;provided to the Members. Approved by the Governing Board ddtober 33, 20H W City Council 15 — 9 8/6/2024 i 3.1.Io 'rogram Year" shall mean a period of time in 'which each program shall be segregated for ease in determining coverage premiums.. 3.1.11 "Participation" or "Participating" shall mean a Member has elected to jointly participate in the management of a specific, risk and is a member of that Risk Management Program. 3,1.12 "Disk Management" shall mean the process of identifying, evaluating, redur-mi g, transferring, and. eliminating risks. .Risk Management. includes, but is not limited to, various methods of fending claims payments, purchasing insurance, legal defense of claims, controlling losses, and determining self i n=ed retention levels and the amount of reserves for potential claims. 3.1.13 "Fisk Management Program" shall mean those coverage programs of risk sharing, insurance, and risk management services created by the Authority to manage specific Risk Management Programs, i.e. "Liability Risk Management Program"'. ARTICLE 4... ,PARTIES TO THE AGREEMENT AM RESP[A1oiSlBUHUS OF MMAMKRS. 4.1 Each Member represents and warrants that it intends to, and does hereby, contract with all other Members listed in Appendix, "A", and any new members admitted to the Authority pursuant to Article 16. Each Member also represents and warrants that the withdrawal or expulsion of any Member, pursuant to Article 14 Approved by the GoveWng Board October 13, 2004 21 City Council 15 — 10 8/6/2024 or 15, shall not relieve any Member of its rights, obligations, liabilities or duties under this. Agreement or the individual Risk Management Programs in, which the Member participates. 4.2 Each Member agrees to be bound by and to comply with all of the term and conditions of the Governing Documents and any Resolution or other action adopted by the Governing Board as they now exist or may hereinafter be adopted or amended. Each Member assumes the obligations and responsibilities set forth in the Governing Documents. ARTICLE S. CO RNTNG BOAR% 5.1 The Authority shall be governed by a Governing Board the composition of which shall be set forth in the Authority's By -Laws. Immediately upon admission of a new Member 'pursuant to Article 16, the Member shall be entitled to appoint a Represe native to the Govermiug BOW` and an alternate Representative and, if desired, a substitute alternate Representative, each of whom shall ]meet the parameters .set forth in the Authority's By -Laws. Decisions of the Member representative, or the Governing Board in hislher absence, shall be binding on. the Member. 5.2 The Member Representative and/or alternate Representative or substitute alternate Representative shall be removed from the Governing Board upon the occurrence of any one of the following events: (1) the expulsion or withdrawal of the Member from the Authority; (2) the death or :resignation of the Member Representative, (3) the Authority receives the written notice from. the Member Appmved by the Governing Board October 13, 2004 7 City Council 15 —11 8/6/2024 that the Member Representative is no longer a :member of the governing body of the Member or as otherwise provided is the Authority's By -Laws. 5.3 Pursuant to Government Code Section 6505.6, the Governing Board shall designate an officer or employee, or ofroers and employees, to receive, deposit, invest, and disburse the property of the Authority pursuant to Government Code Sections 6505 and 6505,5. The Governing. Board shall fix the amount of the fidelity band to be Mod by such public officer(s) and/or employee(s), AR`I`xQU 6. BOARD WETWGS An RFCpMS 6.1 Regular Meetings. The Governing. Board and all standing committees shalt hold meetings at the location and time set forth in the By -Laws of the Authority and each individual Risk Management Program, 6.2 Ralph M. Brown Act. All meetings of the Governing Board, and appointed committees, including without .limitation, .regular, adjourned ,regular, and special meetings, shall be.called, noticed, held, and conducted in accordance with the Ralph M. drown Act (Section 54950 et. 'seq. of the Government Code). 6.3 Minutes. Minutes ofregular, adjourned regular, and special meetings of the Authority shall be kept under direction of the Secretary, As soon as possible after each meeting, the Secretary shall forward copies of the minutes to each Governing Board member. 6.4 Quorum..A, majority of the members of the Governing Board is a quorum for the transaction of business. However, less than a quorum may adjourn from time to Approvbd by the Governing Board October t3.7004 8 City Council 15 — 12 8/6/2024 time. A vote of the majority of a quorum, at a Meeting is sufficient to take action. AR CLE 7. OFFICERS, 7.1 The Governing Board shall elect a president, vice-president, Treasurer and Secretary from among its members. The manner of election and term of office of elected officers and their authority and responsibilities shall be as set forth in the .Authority By -]Laws. If any of the officers cease to be a Member's representative, the resulting vacancy shall be tilled as provided in the Authority BY -Laws. Tho Governing Board may appoint such other officers as it considers necessary. ART- wCL1E s. r0ms. 8.1 The Authority shall have the powers common to its Members and is authorized, in its own name, to do all acts necessary and to exercise such common powers to fulfill the purposes of this Agreement referred to in Article 2 .including, .but not 1�rrtitR tn� tnh rnf thy' fnllnwirl• 8.1.1 Fimmee through the issuance of Bonds or other financial instruments of indebtedness, self insurance reserve funds necessary or convenient for the implementation of this Agreement.. 5.1.2 Incur debts, liabilities, and obligations, 8.1,3 Acquire, hold, or dispose of real and personal property. 8JA Receive contributions and donations of property, funds, services, and other forms of assistance from any source. 8.1.5 Sue and be stied in its own name. Approved by the Goymning board October 13, 2M4 9 City Council 15 — 13 8/6/2024 i 9 8. l.fi Employ agents and employees. 8.1.7 Acquire, construct, manage, maintain, or operate buildings, works, or improvements. 8.1.8 Lease real or personal property, including that of a Member. 8.1.9 Receive, collect, and disburse manias. 8.1.10 Invest money in the treasury of the Authority in the same manner and on the same conditions as local agencies pursuant to Government Code Section 53 60 1. 8.1.11 Exercise all other powers necessary and proper to carry out the provisions of thisAgreement. 8.1.12 Develop and implement Risk Management Programs. 83.13 Jointly purchase for the: benefit of Members, insurance, excess insurance, reinsurance, and. enter into agreements for the benefit of Members, for the purpose of transferring risk of loss to commercial insurers or reinsurers or other insurance pools. ARTICLE 99. RLSK MAtLAQKZ Nr PROGRAMS. 9.1 The Governing Board shall establish Risk Management Programs as provided in the .Auto orrity's .By -Laws. 9.2 No Risk Management Program shall become operational, or possess any authority, until the proposed Risk Management Program By --Laws have been AWmved by the Cmerning Board October I3, 2004 10 City Council 15 — 14 8/6/2024 approved by the Governing Board. The voting on the approval of By -Laws shag. be restricted to Governing Board Member representatives of the particular Riau Management Program. Approval of the By -Laws and any amendments thereto shall be as provided in the By -Laws of the individual Risk Management Programs. On approval of the By -saws, the various Risk Management Program shall became operational and will have all of the powers specifically delegated to them by the 0 OVOMMg Board. ARIIC—IE Ia. BUDGET 10.1 The Governing Board shall adopt an annual budget notlater than 30 days prior to the beginning of each Fiscal Year, ARTICLE i1, ANNUAL AUDIT AND RE '. 11.1 The Goveriffig Board shall cause an annual financial audit of the .accounts and records to he made. &—nd fled as provide in the Authorit'; ' By --ris and the laws of the State. ARTML +'_ 12-- STABUSEMENT AlL Ab ISTI LT -ION OF FiI S., 121 Funds of the Authority may be commingled for investment and administration purposes. However, each Risk Management Program shall be accounted for separately on a full accrual basis, 12.2 The Governing Board shall establish the policy for warrants drawn to pay demands against the Authority. 12.3 The coverage for each Program Year of each Risk Management Program shall be as specified in the Memorandum of Coverage or policies of insurance for that Approvtd by the Gaveming Bowd October 13, 2004 11 City Council 15 — 15 8/6/2024 Program.Year of the Risk Management Program. ARTICLE 13. 'WITHDRAWAL. 1.3.1 Any Member which enters a Risk Management program may withdraw from that Risk Management Program and may at a later time seek to renew participation in said Program subject to the terms and conditions as set forth in the By -Laws of that partioular.Risk Management Program. 13.2 A Member is no longer a party to the Authority or this Agreement upon its withdrawal from all of the Authority's Risk Management Programs. ARTICLE 14. �Xl'�JIC�SXCeIY. 14.1 The Governing Board. may expel any Member from the Authority and/or from a Risk Management Program at any time for material breaches of the Governing Documents. Such expulsion shall be as provided in the By haws of the Authority or each Individual Risk Management Program. ARTICLE 15. TERKWATION 15.1 This Agreement shall Continue until terminated by vote or written consent of two- thirds of the Members provided, however, that this Agreement and the Authority shall continue to exist for the purposes of disposing of all claims; the distribution of assets, and any other functions necessary to conclude the affairs of the Authority. 15.2 Upon Umnination of this Agreement, all assets of the Authority shall be distributed only among the Members that have been participants in its Risk Management Programs, including any of those Members which previously Approval by tho Coming Boatel Uotober 13, 2004 12 City Council 15 — 16 8/6/2024 # withdrew or were expelled pursuant to Articles 13 and 14 of this Agreement, in accordance with and proportionate. to their net premium payments made during the term of this Agreement. The Governing Board shall determine such distribution within six months after the last claim covered by this Agreement has been finalized. 15.3 The Cloverning Board is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. These include the power to require those Members which were Risk Management Wogram participants at the time of any partioular occurrence which was covered or alleged to be covered under the Memorandum(s) of Coverage or policies of insurance to pay their share of -any additional amount of premium deemed necessary by the Governing Board for the final disposition of all claims and expenses. associated with such Loss. ART.ICI,F. 1.6. NEW A MBER& 16.1 ,Any governmental agency, Organized and operating under the laws of the State of California which is authorized to participate in a joint powers authority under the Covermnent Code may become a member of the Authority by complying with the requirements of the Authority By -Laws. ARTICLE 177, LMILIT'Y OF THEAWHiJWW. 17.1 Each Member agrees to indemnify, save and defend the Authority and all other Members harmless from and against all claims, losses, and damages, including legal fees and expewes, arising out of any breach or default on the part of such ApMved by ft G- mkg Board oatobc r 13.2004 13 City Council 15 — 17 8/6/2024 Member in performance of any of its obligations under this Agreement, or any art or negligence of such Member or any of its agents, contractors, servants, employees or licensees with respect to this Agreement. No indemnification is made under this Section for claims, losses or damages, including legal fees and expenses, arising out of the willful misconduct, negligence or breach of duty under this Agreement by the Authority or a Member or their officers, employees, agents or contractors.. 17.22 The Representatives to the Governing Board and to each of the Risk Management Programs and any officer, employee, contractor, or agent of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in - - the performance of their duties under this Agreement. 1.7.3 blends of the Authority may be used to defend, indemmify, and hold harmless the nutuGCe,37' dill]any lalu5u'er of the iurVver13i13g Board,. any member of a Risk Management Program, and any employee of the Authority for their actions takers within the scope of their duties while acting on. behalf of the Authority. Nothing herein shall limit the right; of the Authority to purchase insurance to provide such coverage as is hereinabove sot form. ARTICLE 18, NOTICES, 18.1 Notices to each Member under this Agreement. shall be sufficient if mailed to its respective address on Me with the Authority. Any Member may dosignate any other address in substitution of the foregoing address to which such notice will be given at any time by giving five days written notice to the Authority and all other Approved by the aumnig Board October 13, 2004 14 City Council 15 — 18 8/6/2024 Members. ARTICLE 19. AA9MNM8 M TW8 AGREEWU AND PR G17AM' Y LAWS. 19.1 This Agreement ;may be amended at any time by vote of two-thirds of the Members acting through their governing body. Amendments to the individual Risk Management Program By l'�aws require the two -turd vote of the Governing Board members representing Membets of that Risk Management Program. ARTICLE 20. SEVERABI LITY. 20.1 SheWd any portion, term, condition, or provision of this Agreement be decided by a eotut of competent jurisdiction to be illegal or in conflict with any law of the State of Califom a, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, term, conditions, and provisions shall not be affected thereby. ARTICILF 21. AgREEMENT COMPLETE. 21.1 The foregoing constitutes the full and complete Agreement of the parties. 'here are no oral understandings s or agreements not set forth in wilting herein, ARTICLE 22, TERM fib' AQREEMENT. 22.1 This fizz amended Agreement shall become .effective .upon the Authority receiving notice of the approval by the governing body of two-thirds of the Members. IN VMNT.ESS VaEMC}F, the parties hereto have executed this Agreement as of the day Approved by the Gmmmikg Boyd Odoher 13. 2W4 15 City Council 15 — 19 8/6/2024 and year first written above. City of Santa Ana By Title_ City Mann r2er Executed before me this -- day of _ . 200 City Clerk City vf_ _ _ Santa Aria APPROVED AS TO FORM Lau a A. Rossini Senior Assistant City Attorney FOR APPROVAL Executive Wector, Human Resources Approved by the Governing Board 0ctober 13, 2a03 16 (City Sea[) City Council 15 — 20 8/6/2024 0 APPENDIX "A" INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY ll!C MMER CITIES 1. Alhambra. 16. Hermosa Beach 2. Arcadia 17. Huntington Park 3. Azusa 18.Inglewood 4. Baldwin Park 19. La Habra S. Bell 20. Lynwood 6. Buena Pare 21. Manhattan Beach 7. Chino 22, Monrovia. 9. Colton 23. Monterey.Park 9. Culver City 24. Redondo Beach 10.. Downey 25, San Fernando 11, Ll Monte 26. South Gate 12. ElSegundo 27. Upland 13. Fullerton 28, Vernon 14. Glendora 29. Whittier 15. Hawthorne 147448.4 (M8 WORD) 00002.9000 City Council 15-21 8/6/2024 ; MEPENDENI' CITIES RISK.IVIANAGEWNT AUTHORI`I"i'' FIFTH AMENDMENT TO JOINT EXERCISE OF POWERS AGREEWNT FOR INSURANCE AND RISK 1VMANAGEWNT PURPOSES 147448.4 (MS WORD) OGM.9000 City Council 15 — 22 8/6/2024 ON FILE 4 A-2023-140 WORK MAY NOTROCEED CITY CLO-K DATE: AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF SANTA ANA AND ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES LLC INSURANCE BROKER SERVICES c., THIS AGREEMENT is made and effective as of August 1, 2023 between the City of Santa C" Ana, a municipal corporation (hereinafter referred to as "City"), and Arthur J. Gallagher Risk Management Services LLC, a Delaware limited liability company (hereinafter referred to as C-0 "Consultant"). City and Consultant are also referred to collectively as "the Parties" or singularly Z-4 as a "Party." In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows: 1. TERM This Agreement shall commence on August 1, 2023, and shall remain and continue in effect until tasks described herein are completed, but in no event later than August 31, 2026 unless sooner terminated pursuant to the provisions of this Agreement. The Parties acknowledge that Consultant has been providing services since July 1, 2023. This Agreement can be canceled by either Party with thirty (30) days written notice to the other Party. 2. SERVICES Consultant shall perform insurance brokerage services for the placement of the City of Santa Ana's insurance programs as outlined in Exhibit A. 3. PERFORMANCE Consultant shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant for insurance premiums invoiced for insurance placements. b. Consultant will submit invoices for insurance premiums. Invoices shall be submitted once insurance coverage is bound. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. 5. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers City Council 15 — 23 8/6/2024 and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 6. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from Risk Management Department or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 7. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Santa Ana 20 Civic Center Plaza, M-28 Risk Management, 41" Floor Santa Ana, CA 92701 AND City Clerk City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 To Consultant: Arthur J. Gallagher & Co., Insurance Brokers of California., Inc. Susan J. Blankenburg San Francisco, CA 94111 415-536-8417 Susan Blankenburgft—aig.com City Council 15 — 24 8/6/2024 8. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 9. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 10. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Santa Ana. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 12. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The Risk Management Department is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. City Council 15 — 25 8/6/2024 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF SANTA ANA Arthur J. Gallagher & Co. By: i� By: Kristine Ridge City Manager ATTEST: By. z ar n+�• J City Clerk APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By!®'31\aiy� Laura A. Rossini Chief Assistant City Attorney Michael Gallagher, Area President CONSULTANT Arthur J. Gallagher & Co. Susan J. Blankenburg 1255 Battery Street, Suite 450 San Francisco, CA 94111 (415) 536-8417 Susan Blankenburq(c�a44.com PM Initials: Date: City Council 15 — 26 8/6/2024 CLIENT SERVICE AGREEMENT EXHIBIT A The following outlines Services provided by Gallagher over the term of this Agreement: • Use its best efforts to secure the following lines of insurance coverage on Client's behalf: o List of Insurance Placements: ■ Underground Storage Tanks ■ Excess Liability (Buffer) (Excess Workers' Compensation (Buffer) ■ Terrorism • Difference in Conditions (Earth Movement & Flood) • Work with Client to prepare comprehensive underwriting data and criteria for insurance carrier negotiations. • Formally present coverage submissions to agreed upon insurance carrier(s) and negotiate terms on behalf of Client. • Summarize the results of executing the marketing strategy developed with Client and communicate program recommendations. • Provide consultation to Client on exposures, existing coverage, and the desirability and/ or feasibility of potential program changes, retention and data analysis as recommended by Gallagher. • Request change endorsements, when requested by the Client or when otherwise necessary, ensuring accuracy and delivery in a timely manner. • Administration of insurance program (only if applicable), including policy review and issuance, invoicing, coordination and/ or issuance of required documentation, i.e., certificates of insurance, and other program administration, as required by the Client. * Review accounting and billing data; audit information from insurance carriers to ensure accuracy. • Other Services: o Risk Control Services o Loss control consultation and claim advocacy o Certificate Tracking City Council 15 — 27 8/6/2024 INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY 1 0 M A Joint Powers Authority Bill To: CITY OF SANTA ANA 20 Civic Center Plaza 4th Floor (Risk Management) Santa Ana,CA 92701 INVOICE Customer #: Invoice #: CUS_1047 4373 Invoice Date: Due Date: 07/01/2024 07/31/2024 Total Due: $ 8,248,894.00 Description Amount Liability Pro ram 2024/2025 6,927,723.00 Workers' Compensation Pro ram 2024/2025 459,770.00 Property & Equipment Breakdown Pro ram 2024/2025 534,757.00 Auto Physical Damage APD Program 2024/2025 185,294.00 Crime Pro ram 2024/2025 17,563.00 C ber Program 2024/2025 118,787.00 2024/2025 Risk Management Fund Contribution - OPTIONAL 5,000.00 TOTAL AMOUNT DUE $ 8,248,894.00 Wire (ACH) Davments: Bank Name: Bank Address: Routing Number: Account Number For credit to: Checks: Please mail payments to Payment Instructions California Bank & Trust 520 Capitol Mall, Suite 380, Sacramento, CA 95814 121002042 1030068561 Independent Cities Risk Management Authority ICRMA c/o Eide Bailly LLP Attn: Brad Rockabrand 10681 Foothill Blvd., Ste. 300 Rancho Cucamonga, CA 91730 In accordance with Article V Section D.1-3 of the ICRMA Bylaws, unless other arrangements for payment have been approved by the Governing Board, Members with delinquent amounts due shall be assessed a penalty which shall be one percent of the unpaid amount due and payable to the Authority 30 days after the initial invoice due date. A penalty of another one percent shall accrue after an additional 45 days. Interest shall accrue on all delinquent amounts due and payable to the Authority at the applicable rate of 10% per annum from the due date of the billing until the date finally posted by the designated financial institution. A member may appeal any surcharge assessed in accordance with Article XII of the ICRMA Bylaws. 18201 Von Karman, Suite 200, Irvine, CA 92612 Phone: 760-217-4952 Questions: ICRMA-Payments@eidebailly.com City Council 15 — 28 8/6/2024 Arthur J. Gallagher Risk Management Services, LLC San Francisco, CA 94105 Phone: (415)546-9300 BATMI 1 Invoice # 5195470 1 of 3 ACCOUNTNUMBER DATE SANTAANA-1 7/15/2024 BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47 City of Santa Ana \ 20 Civic Center Plaza, M-28 j Risk Management, 4th Floor Gallagher Santa Ana, CA 92701 g Insurance I Risk Management I Consulting Excess Workers Comp PolicyNumber: ABL100000805 Company: Response Indemnity Company of California Effective: 7/1/2024 Item # Trans Eff Date Due Date Trans Description 34874868 7/1/2024 7/8/2024 RENB WC Buffer- $500K xs $1.5M SIR Difference in Conditions PolicyNumber: ESP30001763404 Item # Trans Eff Date Due Date 34874912 7/1/2024 7/8/2024 34874916 7/1/2024 7/8/2024 34874919 7/1/2024 7/8/2024 Excess Liability PolicyNumber: IXG677029A Item # Trans Eff Date Due Date 34982883 7/1/2024 7/15/2024 34982885 7/1/2024 7/15/2024 34982887 7/1/2024 7/15/2024 Difference in Conditions PolicyNumber: LHD944859 Item # Trans Eff Date Due Date 34874968 7/1/2024 7/8/2024 34874970 7/1/2024 7/8/2024 34874984 7/1/2024 7/8/2024 34874989 7/1/2024 7/8/2024 Excess Difference in Conditi PolicyNumber: MCQ0101224 Item # Trans Eff Date Due Date Company: Endurance American Specialty Ins Co Trans Description RENB Primary EM/Flood - $5M part of $10M SLTX Surplus Lines Taxes STFX Stamping Fees Company: General Star Indemnity Company Trans Description RENB Excess Liability Buffer- $1M xs $2M SIR SLTX Surplus Lines Taxes - CA STFX Stamping Fees - CA Company: Landmark American Insurance Company Trans Description RENB Primary EM/Flood - $2.5M part of $10M CFEE Carrier Policy Fee SLTX Surplus Lines Taxes STFX Stamping Fees Company: Mt Hawley Insurance Company Trans Description Effective: 7/1/2024 Effective: 7/1/2024 Effective: 7/1/2024 to 7/1/2025 Amount $300,027.00 to 7/1/2025 Amount $370,000.00 $11,100.00 $666.00 to 7/1/2025 Amount $1,750,000.00 $52,500.00 $3,150.00 to 7/1/2025 Amount $185,000.00 $1,500.00 $5,595.00 $335.70 Effective: 7/1/2024 to 7/1/2025 Amount Please return this portion with your payment. Include your invoice number on your remittance to expedite processing. City of Santa Ana 20 Civic Center Plaza, M-28 Risk Management, 4th Floor Santa Ana. CA 92701 Please send your remittance to: Arthur J. Gallagher Risk Management Services, LLC P.O. Box 39735 Chicago, IL 60694-9700 BATMI 1 Invoice # 5195470 ACCOUNTNUMBER DATE SANTAANA-1 7/15/2024 BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47 AMUUN I F'AIU PAY ONLINE 6-iMT&FOM/EZPAY 15 - 29 EW aW2,4 Insurance Risk Managem � g Arthur J. Gallagher Risk Management Services, LLC San Francisco, CA 94105 Phone: (415)546-9300 City of Santa Ana 20 Civic Center Plaza, M-28 Risk Management, 4th Floor Santa Ana, CA 92701 34875022 7/1/2024 7/8/2024 RENB 34875025 7/1/2024 7/8/2024 CFEE 34875029 7/1/2024 7/8/2024 SLTX 34875033 7/1/2024 7/8/2024 STFX Excess Difference in Conditi PolicyNumber: PE705469 Item # Trans Eff Date Due Date Trans 34875047 7/1/2024 7/8/2024 RENB 34875049 7/1/2024 7/8/2024 CFEE 34875054 7/1/2024 7/8/2024 SLTX 34875059 7/1/2024 7/8/2024 STFX Difference in Conditions PolicyNumber: PLM0084424 Item # Trans Eff Date Due Date Trans 34874944 7/1/2024 7/8/2024 RENB 34874952 7/1/2024 7/8/2024 CFEE 34874955 7/1/2024 7/8/2024 SLTX 34874958 7/1/2024 7/8/2024 STFX Terrorism Standalone Item # 34874844 34874846 34874850 PolicyNumber: Trans Eff Date 7/1/2024 7/1/2024 7/1/2024 W27DO7240601 Due Date 7/8/2024 7/8/2024 7/8/2024 Trans RENB SLTX STFX BATMI 1 Invoice # 5195470 2 of 3 ACCOUNTNUMBER DATE SANTAANA-1 7/15/2024 BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47 Gallagher Insurance I Risk Management I Consulting XS EM/FL - $5M xs $10M Catastrophe Analysis Fee Surplus Lines Taxes Stamping Fees Company: Palomar Excess and Surplus Insurance Compan Effective: 7/1/2024 Description XS EM/FL - $10M xs $15M Catastrophe Analysis Fee Surplus Lines Taxes Stamping Fees Company: Palms Insurance Company, Limited Effective: 7/1/2024 Description Primary EM/Flood - $2.5M part of $10M Carrier Policy Fee Surplus Lines Taxes Stamping Fees Company: Lloyd's Syndicate 3623 (Beazley Furlonge Limite Effective: 7/1/2024 Description Terrorism Standalone - $10M Surplus Lines Taxes Stamping Fees Total Invoice Balance: Please return this portion with your payment. Include your invoice number on your remittance to expedite processing. City of Santa Ana 20 Civic Center Plaza, M-28 Risk Management, 4th Floor Santa Ana. CA 92701 Please send your remittance to: Arthur J. Gallagher Risk Management Services, LLC P.O. Box 39735 Chicago, IL 60694-9700 $229,100.00 $500.00 $6,888.00 $413.28 to 7/1/2025 Amount $338,338.00 $600.00 $10,168.14 $610.09 to 7/1/2025 Amount $185,000.00 $1,500.00 $5,595.00 $335.70 to 7/1/2025 Amount $14,200.00 $426.00 $25.56 $3,473,573.47 BATMI 1 Invoice # 5195470 ACCOUNTNUMBER DATE SANTAANA-1 7/15/2024 BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47 AMUUN I F'AIU PAY ONLI 1 5 — 30 Insurance I Risk ManagemEW c1 2 gt Arthur J. Gallagher Risk Management Services, LLC BATM11 San Francisco, CA 94105 Phone: (415)546-9300 Invoice # 5195470 3 of 3 ACCOUNTNUMBER DATE SANTAANA-1 7/15/2024 BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47 City of Santa Ana \ 20 Civic Center Plaza, M-28 j Risk Management, 4th Floor Gallagher Santa Ana, CA 92701 g Insurance I Risk Management I Consulting r P-- --0 4-01111 L!L� Please return this portion with your payment. Include your invoice number on your remittance to expedite processing. City of Santa Ana 20 Civic Center Plaza, M-28 Risk Management, 4th Floor Santa Ana. CA 92701 Please send your remittance to: Arthur J. Gallagher Risk Management Services, LLC P.O. Box 39735 Chicago, IL 60694-9700 BATMI 1 Invoice # 5195470 ACCOUNTNUMBER DATE SANTAANA-1 7/15/2024 BALANCE DUE ON AMOUNT DUE 7/8/2024 $3,473,573.47 AMOUNT PAID PAY ONLINE 6-iMTWOM/EZPAY 15 — 31 EW 42,4 Insurance Risk Managem � g Planning and Building Agency www.santa-ana.org/planning-and-building Item # 16 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Historic Property Preservation Agreements AGENDA TITLE Historic Property Preservation Agreements for the Properties Located at 1205 S Birch Street and 516 W 191" Street RECOMMENDED ACTION Authorize the City Manager to execute the attached Mills Act agreements with the below -referenced property owners for the identified structure(s) (Agreement Nos. A- 2024-XXX and A-2024-XXX). [Includes determination that the proposed projects are exempt from further review in accordance with the California Environmental Quality Act as the following Categorical Exemptions will be filed: ER No. 2024-11 and ER No. 2024- 17] Table 1: Mills Act Agreements Approved by the Historic Resources Commission (HRC) Property Owner(s) Historic Property Preservation Agreement No. Address/House Vote by HRC 6:0:0:3 (Commissioner Michael T. Altshuler 2024-03 1205 S. Birch Street Shipp, Hardy, and Padilla absent) Jill Brumett and Mona 6:0:0:3 (Commissioner R. Konstan 2024-04 516 W. 19t" Street Shipp, Hardy, and Padilla absent) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On May 8, 2024, the Historic Resources Commission (HRC) recommended that the City Council authorize the City Manager to execute the Mills Act agreements listed in Table 1, above, with the identified property owners for historic structure(s) in the City, subject to non -substantive changes approved by the City Manager and City Attorney. This action allows for the approval of a Historic Property Preservation Agreement (Mills Act Contract) which provides a property tax reduction whereby property owners agree to reinvest the tax savings towards the maintenance of the historic property. Additionally, the agreement prevents inappropriate alterations to the protected historic structure(s). City Council 16 — 1 8/6/2024 Historic Property Preservation Agreements August 6, 2024 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed projects are exempt from further review. The following Categorical Exemptions will be filed for this project: • ER No. 2024-11 (516 W. 191" Street) • ER No. 2024-17 (1205 S. Birch Street) FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,902.52 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2024-03 1205 S. Birch Street $1,097.57 1-2 2024-04 516 W. 191" Street $804.95 3-4 Total for All Properties: $1,902.52 EXHIBIT(S) 1. Mills Act Agreement — 1205 S. Birch Street 2. HRC Staff Report — 1205 S. Birch Street 3. Mills Act Agreement — 516 W. 191" Street 4. HRC Staff Report — 516 W. 19t" Street Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nunez, Acting City Manager City Council 16 — 2 8/6/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Michael T. Altshuler, a single man, (hereinafter collectively referred to as "Owner"), owner of real property located at 1205 South Birch Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1205 South Birch Street, Santa Ana, CA, 92707 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which City Council Exhibit116 — 3 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 7, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. City Council 16 — 4 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2024-3) staff report dated May 8, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the City Council 16 — 5 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1205 South Birch Street, Assessor Parcel Number, 013-152-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. City Council 16 — 6 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office Owners: Michael T. Altshuler 1205 South Birch Street Santa Ana, CA 92707 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims City Council 16 — 7 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. City Council 16 — 8 8/6/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney , By: BkATIfON SALVATIERRA Deputy City Attorney MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: MICHAEL T. ALTSHULER RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 16 — 9 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 31 OF TRACT NO. 921, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SHOWN ON A MAP THEREOF, RECORDED IN BOOK 28, PAGE 45 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 013-152-02 City Council 16 — 10 8/6/2024 EXECUTIVE SUMMARY Exhibit 6 LEVENGOOD HOUSE 1205 South Birch Street Santa Ana, CA 92707 NAME Levengood House REF. NO. ADDRESS 1205 South Birch Street CITY Santa Ana ZIP 1 92707 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Wilshire Square NATIONAL REGISTER CRITERIA FOR EVALUATION C NATIONAL REGISTER STATUS CODE7 5S1 Location: ❑ Not for Publication E Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Levengood House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Wilshire Square and "is a good example of period architecture" as an illustration of the Spanish Colonial Revival style (Municipal Code Section 30-2.2)." EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5S1 Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. City Council 16 —11 8/6/2024 State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial_ NRHP Status Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Levengood House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1667 Date: *c. Address 1205 South Birch Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number 013-152-02 TR 921 LOT 31 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Substantially intact and enhanced by its landscaping, this is an example of a modestly sized Spanish Colonial Revival home. The tiled roof is cross -gabled and moderately pitched over the front of the building, while the rear of the house is flat -roofed and circled by a tile -edged parapet. Smooth stucco covers the exterior of the building. Clay pipe vents pierce the gable ends. A porch is recessed beneath the side gable on the north half the fagade. Wooden posts with carved brackets support the roof overhang and a waist high stucco wall encloses the porch space. A tripartite window and the entry open onto the porch. In an unusual departure from a standard Spanish roof configuration, a small, front gabled dormer is located above the porch. The southern half of the fagade contains a large, picture window, to which an aluminum canopy has been added, offset to the south and a tall, slender window to the north. A three -sided bay projects from the south elevation. Although re - roofed, the house retains its design integrity. *133b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation September 2003 *P6. Date Constructed/Age and Sources: ■historic 19291 Source: City of Santa Ana Building Permits *P7. Owner and Address: Brian A. and Lisa Bist 1205 South Birch Street Santa Ana, CA 92707 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: October 1, 2003 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information City Council 16 — 12 8/6/2024 State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S1 *Resource Name or #: Levengood House B1. Historic Name: Levengood House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Mission/Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. July 5, 1930. Residence and garage. June 11, 1943. Reroof. October 6, 1952. Reroof residence. June 26, 1986. Wood patio deck, spa. February 8, 1990. Reroof house and garage. *137. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *138. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Levengood House is architecturally significant as a representative example of the Spanish Colonial Revival style, one of many that characterize the Wilshire Square neighborhood. The house and garage were constructed in 1930 at a cost of $3,650.00 for Mrs. Mary Leavengood, who had occupied the residence by 1931. The house remained in the Levengood family until at least 195Z according to city building permits. According the 1991 Wilshire Square Home Tour brochure, Mary Levengood was the widow of Frank Levengood, a farmer who struck oil in his bean fields. Mrs. Levengood raised her granddaughter in this house, and lived here until she died in the late 1950s. She also built the house next door, on the corner, for her son. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: October 1. 2003 (This space reserved for official comments.) Sketch Map Levengood House 1205 S. Birch Street r°' a 145.14' TPA T � 32 73 _ 4rLAJ 2 31 14 50 15 29 15 DPR s2se�i�)COuncil 16 — 13 8/Q42024d information State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Levengood House *Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 ❑x Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods initially developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Levengood House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, O'Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1,875.00 boasted `five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register, April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for "courts and apartments, " apparently as a buffer for the `neighborhood business" zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War II. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War II building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The Levengood House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the `distinguishing characteristics of an architectural style or period. " The combination of stucco walls and tiled roof and treatment of the patio with its rustic wood posts exhibited on the house are typical features of the Spanish Colonial Revival and demonstrate that the style could be used effectively on both large as well as relatively modest homes. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Wilshire Square and is a good example of period architecture" as an illustration of the Spanish Colonial Revival style. Character defining exterior features of the Levengood House that should be preserved include, but may not be limited to: materials and finishes (stucco, wood, tile); roof configuration and treatment; massing and composition, original doors and windows, porch' and architectural detailing (porch posts, brackets, and beam). DPR 523LCIty COUInCII 16 - 14 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Levengood House *Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 ❑x Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated EncVclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources." Sacramento: March 1995. Historic maps in the collection of the History Room of the Santa Ana Public Library. Santa Ana and Orange County Directories, 1905-1931. Santa Ana Register, April 12, 1923. "Vintage Santa Ana Right On Track." The Register, January 13, 1990. "Neighbors Gear Up For Big Project." Los Angeles Times, August 6, 1992. "Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times, October 5, 1996. "Wilshire Square —A Profile in Pride of Ownership." City Line, July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresquare.com www.geocities.com/Heart/and/3383/aia.htm DPR 523LCIty COUInCII 16 - 15 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92707 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: I. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 16 — 16 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92707 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 16 — 17 8/6/2024 Exhibit D Exhibit D: Proposed Structure Improvements ("Work Plan") 1205 South Birch Street Item Year Improvement 1 2024 Roof repair— main house and garage 2 2025 Hollywood driveway replacement 3 2026 Replace all replacement windows at the rear and side facades as determined by Planning. New windows to be double -hung wood windows with ogee lugs. Building permit required. 4 2026 Repair garage walls 5 2027 Dry -rot removal from walls 6 2028 Termite treatment 7 2029 Window rehabilitation 8 2030 Repaint exterior 9 2032 Front porch flooring rehabilitation 10 2033 Preserve/restore exterior wood elements City Council 16 — 18 8/6/2024 Planning and Building Agency Item # c City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 8, 2024 Topic: HPPA No. 2024-03 — The Levengood House (1205 South Birch Street) RECOMMENDED ACTION Recommend that the City Council authorize the City Manager and City Clerk to execute a Historic Property Preservation Agreement (Mills Act) with Michael Altshuler for the property located at 1205 South Birch Street, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 1). EXECUTIVE SUMMARY Michael Altshuler is requesting approval to execute a Mills Act Agreement with the City of Santa Ana at an existing residence located at 1205 South Birch Street that is currently listed on the Santa Ana Register of Historical Properties. DISCUSSION Project Location and Site Description The subject property, known as the Levengood House, consists of an existing one-story Spanish Colonial Revival style residence that is approximately 1,590 square feet in size on a 7,253-square-foot residential lot (Exhibit 2). The Levengood House was added to the Santa Ana Register of Historical Properties ("Register") in 2003, categorized as "Contributive." Analysis of the Issues Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements, for eligible properties. The property is listed on the Register and categorized as Landmark, making it eligible for a Mills Act Agreement. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed Historic Resources Commission c -1 5/8/2024 City Council 16 — 19 8/6/2024 Exhibit 2 HPPA No. 2024-03 — The Levengood House (1205 South Birch Street) May 8, 2024 Page 2 value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • Allows for a mechanism to provide for property rehabilitation • Provides additional incentive for potential buyers to purchase historic structures • Discourages inappropriate alterations to the property In 2003, the Historic Resources Commission placed the Levengood House on the Register and within the "Contributive" category as a representative example of the distinguishing characteristics of an architectural period, and because it contributes to the overall character and history of Wilshire Square and is a good example of period architecture. Character -defining exterior features of the Levengood House that should be preserved include, but may not be limited to: materials and finishes (stucco, wood, tile); roof configuration and treatment; massing and composition; original doors and windows; porch; and architectural detailing (porch posts, brackets, and beam). In 2011, a permit was issued to remove a non -original garden window in place of a wood casement window with three divided lights on the upper portion of the window. The exterior modification was consistent with the Secretary of Interior Standards for Rehabilitation. It was also noted during the 2024 staff site visit that the aforementioned item was implemented at the subject property. Additionally, during the 2024 site visit, staff noted the Hollywood driveway paving requires repair, and that some rear and side windows that have been replaced over time with non - compatible windows, requiring restoration of wood windows with ogee lugs. Staff will work with the property owner to address these concerns as part of the rehabilitation and restoration requirements during the duration of the Mills Act Agreement for this property. Additional future improvements proposed by the homeowner during the initial ten years of the Mills Act Agreement include reroof, garage wall repair, dry -rot removal from walls, termite treatment, window rehabilitation, repaint exterior, front porch flooring rehabilitation, and general on -going maintenance. Staff will ensure that the proposed work will be performed sensitively and will maintain the property's character -defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. These improvements will be subject to review and approval by staff. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement. CouncilCity •8/6/2024 HPPA No. 2024-03 — The Levengood House (1205 South Birch Street) May 8, 2024 Page 3 ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-17, will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $1,097.57 annually, for a period of not less than ten years. EXHIBIT(S) 1 -Mills Act Agreement 2 — 500-Foot Radius Map 3 - Site Photos — 1205 S. Birch Street 4 - Action Minutes HRC (1205 S. Birch Street) Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency City • •8/6/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Michael T. Altshuler, a single man, (hereinafter collectively referred to as "Owner"), owner of real property located at 1205 South Birch Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 1205 South Birch Street, Santa Ana, CA, 92707 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which City Council 16 — 22 8/6/2024 MILLS ACT AGREEMENT I205 South Birch Street Santa Ana, CA 92707 will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on July 17, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Historical Property Description" attached hereto, marked as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. ■ • G- • - •uu •�no OEM e , CouncilCity • 8/6/2024 MILLS ACT AGREEMENT I205 South Birch Street Santa Ana, CA 92707 b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in the City Council Historic Property Preservation Agreement (HPPA No. 2024-3) staff report dated May 8, 2024. All work items shall be completed within the first ten years of the Mills Act Agreement. Proof of completion, as requested by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the •F • - •u 1 •�10 CouncilCity •8/6/2024 MILLS ACT AGREEMENT I205 South Birch Street Santa Ana, CA 92707 manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 1205 South Birch Street, Assessor Parcel Number, 013-152-02, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. CouncilCity • 8/6/2024 MILLS ACT AGREEMENT I205 South Birch Street Santa Ana, CA 92 70 7 b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk's Office Owners: Michael T. Altshuler 1205 South Birch Street Santa Ana, CA 92707 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims Nowl G-F • - •uu •� : : 0 0 CouncilCity • • 8/6/2024 MILLS ACT AGREEMENT I205 South Birch Street Santa Ana, CA 92707 for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. City • Council• 8/6/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney By i Deputyn- MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92 70 7 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: MICHAEL T. ALTSHULER RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency CouncilCity . 8/6/2024 MILLS ACT AGREEMENT I205 South Birch Street Santa Ana, CA 92707 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 31 OF TRACT NO. 921, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SHOWN ON A MAP THEREOF, RECORDED IN BOOK 28, PAGE 45 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY. Assessor's Parcel Number: 013-152-02 ■ • G- • - •uu •�MEORK90m, City • • • 8/6/2024 r LavQ-r %lalf1 DCQ^11Df1CQ t-r% 1A1LA1QQ1IlA1 ACTION MINUTES OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA DECEMBER 4, 2003 CALLED TO ORDER: 4:41 P.M. City Hall Council Chambers 20 Civic Center Plaza, Santa Ana, California ATTENDANCE: COMMISSIONERS Present: Philip Chinn Rita Corpin Rose Anne Garcia Kings Tom Lutz Blair O'Callaghan Phillip E. Schaefer, Vie Chairman COMMISSIONERS Absent: Carlos Bustamante Paul D. Giles, James Gartner STAFF PRESENT: Jay Trevino, Planning Manager Ben Kaufman, Chief Assistant City Attorney Maya DeRosa, Senior Planner Martha Ramirez, Commission Secretary PLEDGE OF ALLEGIANCE TO THE FLAG CONSENT CALENDAR A. APPROVAL OF MINUTES RECOMMENDATION: Approve the minutes from the regular meeting of November 6, 2003 Motion to approve the minutes from the regular meeting of November 6, 2003 as presented. MOTION: Kings SECOND: Lutz AYES Chinn, Corpin, Kings, Lutz, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Gartner, Giles (3) B. COMMISSION SECRETARY REPORT RECOMMENDATION: Instruct the Commission Secretary to enter into the minutes_ Pursuant to the Brown Act and the Maddy Act, the December 4, 2003 Agenda for the Regular Meeting was posted on the door of the City Hall Council Chambers at 22 Civic Center Plaza on November 26, 2003 at 2:16 p.m. Motion to instruct the Commission Secretary as recommended. MOTION: Kings SECOND: Lutz AYES: Chinn, Corpin, Kings, Lutz, O'Callaghan, Schaefer (6) NOES- Nnna Wl A81T:Re_c)dO6Tdmr9_q9Gpr, Giles (3) C-14 5/8/2024 City Council 16 — 32 8/6/2024 F, "*END OF CONSENT CALENDARS`* BUSINESS CALENDAR C. COMMISSIONER ,-COMMUNICATION DISCLOSURE (REGARDING AGENDIZED PROJECTS) Commissioner Lutz contacted Mr. & Mrs. Randy Simons regarding the Historic Resources Commission Application No. 2003-42 and Historic Register Categorization No. 2003-45_ WORK STUDY SESSION D. HISTORIC REGISTRY DISCLOSURE FOR REAL ESTATE TRANSACTIONS Vice Chair inquired if there is historic registry disclosure on property transactions for real estate agents. City provides accessibility information on website which is periodically updated. Commissioner Kings recommends city staff recap benefits of Historic Registry-, conduct educational forum on specific properties for real estate community. Ms. De Rosa noted a property owner welcome letter to the registry is mailed on the Friday following the HRC meeting. PROCEDURAL RULES PUBLIC HEARINGS 1. HISTORIC RESOURCES COMMISSION APPLICATION NOS. 2003-52 THROUGH 2O03- 61 AND HISTORIC REGISTER CATEGORIZATION NOS. 2003-54 THROUGH 2O03-63 (Melanie McCann) Filed by the City of Santa Ana to place and categorize various structures on the Santa Ana Register of Historical Properties. ADDRESS STRUCTU E NAME RECOMMENDED CATEGORY 1106 South Parton Street 52/54 Whitten House Key 1102 South Birch Street (56/58) O'Brien House Key 1226 South Birch Street (53/55) Sandstrom House (1) Contributive 1310 South Birch Street 54156 Masin House Contributive 1101 South Birch Street (55/57) Pimental House Contributive 1115 South Birch Street 57/59 Gardenier House Contributive 1205 South Birch Street (58/60) Levengood House Contributive 1218 South Broadway 59/61 Bowman House Contributive 1230 South Birch Street (60/62) Sandstrom House (2) Contributive 1229 South Broadway (61/63) Irish House Contributive PUBLISHED IN THE ORANGE COUNTY REPORTER: November 21, 2003 PUBLICLY NOTICED: November21, 2003 liQMMISSION MINUTES z 16 - 33 RECOMMENDATION: RECOMMENDATION: 1. Adopt a resolution approving Historic Resources Commission Application Nos. 2003-52 through 2003-61 _ 2. Adopt a resolution approving Historic Register Categorization Nos_ 2003-54 through 2003-63. Melanie McCann, Associate Planner, provided staff report and recommendation. Vice Chairman Schaefer opened the public hearing. One written communication received from property owner at 1115 South Birch Street regarding a permit issue; there were no speakers on the matter. Vice Chairman Schaefer closed the public hearing. Motion to receive and file resolutions approving various structures on the Santa Ana Register of Historical Properties and requesting a 30-day continuance on the following properties: (1) 9915 South Birch Street (57/59) Gardenier House, written communication received from owners, and (2) 1230 South Birch Street (60162) Sandstrom House. MOTION: Lutz SECOND: Chinn AYES: Chinn, Corpin, Lutz, Schaefer (4) NOES: None (0) ABSTAIN: 00,66 odhw.. ABSENT: Bustamante, Gartner, Giles (3) j Pi'iv -� ' .F--. 2. RECONSIDERATION OF HISTORIC RESOURCES COMMISSION APPLICATION NO. 2003-42 AND HISTORIC REGISTER CATEGORIZATIQN NO. 2003-45 (Melanie McCann) By direction of the City Council the Historic Resources Commission shall reconsider the placement and categorization of the structure located at 1310 North Louise Street (Miller House) as Contributive on the Santa Ana Register of Historical Properties. PUBLISHED IN THE ORANGE COUNTY REPORTER: November 21, 2003 PUBLICLY NOTICED: November21, 2003 RECOMMENDATION: 1. Adopt a resolution affirming the placement of the property on the Santa Ana Register of Historical Properties, Historic Resources Commission Application No. 2003-42. 2. Adopt a resolution affirming the categorization of the property, Historic Register Categorization No_ 2003-45. Melanie McCann, Associate Planner, provided staff report and recommendation. Ms. McCann noted property owner filed appeal for reconsideration of historical placement. Vice Chairman Schaefer opened the public hearing_ Mr. Randy Simons requests 60-day continuance on Miller House due to additional construction on home and allow time for him to obtain information on Mills Act with regards to historical property classification. HISTORIC MINUTES 16-34 Motion to continue item to ou says (r-enruary v, zuu4j. Motion to continue item to 60 days (February 9, 2004). MOTION: Lutz SECOND: O'Callaghan AYES: Chinn, Corpin, Kings, Lutz, O'Callaghan, Schaefer (6) NOES: None (0) ABSENT: Bustamante, Gartner, Giles (3) 3. Public Comments items not on the a enda Vice Chairman Schaefer opened the public hearing. No written communications were received and there were no speakers on the matter. Vice Chairman Schaefer closed the public hearing. STAFF AND COMMISSION COMMENTS 4. STAFF COMMENTS Ms_ De Rosa stated copy of approved loan program is forthcoming and communicated that the advertising firm, DGWB, won their appeal for tax credits. 5. COMMISSIONER COMMENTS Commissioner Chinn RDA loan program up to $250,000 (historical loan for rehabilitation); Armstrong Phillips Ranch will be on historical tour. • Congratulations to Commissioner O'Callaghan for attending LA Conservancy conference on preservation. Requested update on Artist Village Fountain. Ms. De Rosa indicated Matt Lamb attending January meeting for update. Commissioner Corpin • Welcome new staff. Requests staff to use her cellular telephone for messages and not home telephone number. Requested update on Mike Harrah project; she was informed item will be continued on December 22 Planning Commission Agenda. • Requested update on Broadway One project. Planning Manager cited project still in process, discussing environmental issues on plaza area, parking structure, and mitigation details. Item moved to Planning Commission agenda in January; P&D contract extended to deal with environmental issues. Commissioner Kings Welcomed new staff. • Mentioned French Park having holiday home tours on December 13 and 14. Excused self from January 8, 2004 meeting as she will be attending a design conference in central coast. Commissioner O'Callaghan Attended seminar at Los Angeles Conservancy conference on preservation; noted Santa Ana praised for great work done by staff. • Recommends commission hold study sessions on new construction properties with information on appeals. • Requested update on Wilshire Square. • Ms. De Rosa menticpead reviewing mid -year objectives to review changes in policy on future element and implementation strategy_ HISTORIC F sF;VUJ�&: SnC0 MISSION IIIJJUTES 4 16 - 35 2 4 commissioner 5cnaerrer Ooni icin4orl i inrla4o nn nrnnarty at Rric+nl anti Ric nn Mc riP Rnca ctatP_rI nrniPC't IS Commissioner Schaeffer • Requested update on property at Bristol and Bis op. Ms. De Rosa stated project is proceeding as initiated. Welcomed new staff. Commissioner Lutz No comments 6. Excuse of Absences Motion by Commissioner Kings and seconded by Commissioner Corpin to excuse the absences of Commissioners Bustamante, Gartner, and Giles; approved unanimously by a vote of 6.0_ 7. Adjournment 5:45 p.m. Martha Ramirez Commission Secretary F [a] IN'T.n"nrr y 16-36 EXECUTIVE SUMMARY LEVENGOOD HOUSE 1205 South Birch Street Santa Ana, CA 92707 NAME Levengood House REF. NO. ADDRESS 1205 South Birch Street CITY Santa Ana ZIP 1 92707 ORANGE COUNTY YEAR BUILT 1930 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD I Wilshire Square NATIONAL REGISTER CRITERIA FOR EVALUATION I C NATIONAL REGISTER STATUS CODE7 5S1 Location: ❑ Not for Publication H Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Mission/Spanish Colonial Revival The Mission/Spanish Colonial Revival style, as its name implies, encompasses two major subcategories. The Mission Revival vocabulary, popular between 1890 and 1920, drew its inspiration from the missions of the Southwest. Identifying features include curved parapets (or espadana); red tiled roofs and coping; low-pitched roofs, often with overhanging eaves; porch roofs supported by large, square piers; arches; and wall surfaces commonly covered in smooth stucco. The Spanish Colonial Revival flourished between 1915 and 1940, reaching its apex during the 1920s and 1930s. The movement received widespread attention after the Panama - California Exposition in San Diego in 1915, where lavish interpretations of Spanish and Mexican prototypes were showcased. Easily recognizable hallmarks of the Spanish Colonial Revival are low-pitched roofs, usually with little or no overhangs and red tile roof coverings, flat roofs surrounded by tiled parapets; and stuccoed walls. The Spanish vocabulary also includes arches; asymmetry; balconies and patios; window grilles; and decorative elements of wood, wrought iron, tile, or stone. SUMMARY/CONCLUSION: The Levengood House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the "distinguishing characteristics of an architectural style or period." Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Wilshire Square and "is a good example of period architecture" as an illustration of the Spanish Colonial Revival style (Municipal Code Section 30-2.2)." EXPLANATION OF CODES: • National Register Criteria for Evaluation: (From Appendix 7 of Instructions for Recording Historical Resources, Office of Historic Preservation) C: that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction. National Register Status Code: (From Appendix 2 of Instructions for Recording Historical Resources, Office of Historic Preservation) 5S1 Is separately listed or designated under an existing local ordinance, or is eligible for such listing or designation. ■ • G- • - •uu ••M NEW-0e , CouncilCity •8/6/2024 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Primary # HRI # Trinomial NRHP Status Co Other Listings Review Code Reviewer Date Page 1 of 4 Resource name(s) or number (assigned by recorder) Levengood House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1667 Date: *c. Address 1205 South Birch Street City Santa Ana Zip 92707 *e. Other Locational Data: Assessor's Parcel Number 013-152-02 TR 921 LOT 31 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries.) Substantially intact and enhanced by its landscaping, this is an example of a modestly sized Spanish Colonial Revival home. The tiled roof is cross -gabled and moderately pitched over the front of the building, while the rear of the house is flat -roofed and circled by a tile -edged parapet. Smooth stucco covers the exterior of the building. Clay pipe vents pierce the gable ends. A porch is recessed beneath the side gable on the north half the fagade. Wooden posts with carved brackets support the roof overhang and a waist high stucco wall encloses the porch space. A tripartite window and the entry open onto the porch. In an unusual departure from a standard Spanish roof configuration, a small, front gabled dormer is located above the porch. The southern half of the fagade contains a large, picture window, to which an aluminum canopy has been added, offset to the south and a tall, slender window to the north. A three -sided bay projects from the south elevation. Although re - roofed, the house retains its design integrity. *133b. Resource Attributes: (list attributes and codes) HP2. Single-family Property *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) West elevation September 2003 *P6. Date Constructed/Age and Sources: ■historic 19291 Source: City of Santa Ana Building Permits *P7. Owner and Address: Brian A. and Lisa Bist 1205 South Birch Street Santa Ana, CA 92707 *P8. Recorded by: Leslie J. Heumann SAIC 35 S. Raymond Ave. # 204 Pasadena, CA 91105 *P9. Date Recorded: October 1, 2003 *P10. Survey Type: Intensive Survey *P11. Report Citation: (Cite survey report and other sources, or enter "none") None. *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) *Required information JE'JM On • 4 •1111 111 AD i CouncilOM City •8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S1 *Resource Name or #: Levengood House B1. Historic Name: Levengood House B2. Common Name: Same B3. Original Use: Single-family Residence B4. Present Use: Single-family Residence *135. Architectural Style: Mission/Spanish Colonial Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed in 1930. July 5, 1930. Residence and garage. June 11, 1943. Reroof. October 6, 1952. Reroof residence. June 26, 1986. Wood patio deck, spa. February 8, 1990. Reroof house and garage. *B7. Moved? ■No ❑Yes ❑Unknown Date: Original Location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: circa 1920-1954 Property Type: Single-family Residence Applicable Criteria: C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Levengood House is architecturally significant as a representative example of the Spanish Colonial Revival style, one of many that characterize the Wilshire Square neighborhood. The house and garage were constructed in 1930 at a cost of $3,650.00 for Mrs. Mary Leavengood, who had occupied the residence by 1931. The house remained in the Levengood family until at least 1952, according to city building permits. According the 1991 Wilshire Square Home Tour brochure, Mary Levengood was the widow of Frank Levengood, a farmer who struck oil in his bean fields. Mrs. Levengood raised her granddaughter in this house, and lived here until she died in the late 1950s. She also built the house next door, on the corner, for her son. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 4.) B13. Remarks: *1314. Evaluator: Leslie J. Heumann *Date of Evaluation: October 1. 2003 (This space reserved for official comments.) Sketch Map Levengood House 1205 S. Birch Street 145.1d' ,� TRA �` T 1 32 73 LaiLAJ 2 31 74 W 30 15 29 f6 Historic Resources Commission c-21 5/8/2024 DPR 523B�1ity Council 16 — 39 8/Q42024d information State of California — The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name or # (Assigned by recorder) Levengood House *Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 ❑x Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods initially developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Levengood House is located in Wilshire Square, a neighborhood located south of the city center and bounded by West McFadden Avenue on the north, West Edinger Avenue on the south, South Main Street on the east, and South Flower Street on the west. This area remained agricultural in use into the early twentieth century, the landscape dotted with walnut and orange groves. The 1912 plat map of Santa Ana showed South Main Street and Fairview Avenue (now McFadden Avenue) as the only streets in the area, with the majority of the property held by a few landowners: N. Palmer, H. K. Hanson, O'Brien, and Lewis. Development of Wilshire Square began circa 1923, when newspaper advertisements for newly subdivided lots costing between $635.00 and $1,875.00 boasted `five foot sidewalks, curbs, electricity, gas, sewer, city water and ornamental trees" (Santa Ana Register, April 12, 1923). By 1923, all of Flower, Garnsey, Van Ness, Ross, and Borchard and portions of the remaining streets had been laid out. Lathrop Junior High School, designed by architect Frederick Eley in 1921 (demolished circa 1970), was constructed on the southwest corner of Fairview and Main and became an anchor of the neighborhood. In 1925, over 65 homes had been built in Wilshire Square, according to a count of addresses listed in the city directories. A 1927 map indicated that the area was zoned for single-family residences, except the east side of Sycamore, which was set aside for "courts and apartments, " apparently as a buffer for the `neighborhood business" zone on South Main Street. By 1930, maps of the City showed that, with the exception of a gap between Borchard and Edinger Avenues on Birch, Broadway, and Sycamore, all the streets in Wilshire Square were in place. Mapped by the Sanborn Company between 1931 and 1940, the neighborhood was substantially developed prior to the beginning of World War II. Built in three phases, Wilshire Square primarily showcases the revival architectural styles popular during the first phase, circa 1923 to 1931, when 326 homes were built: variations of the Tudor Revival, the Spanish Colonial Revival, and the Colonial Revival. A handful of Craftsman bungalows completed the picture. A second phase, from 1935 to 1942, marked the recovery from the Great Depression and the war preparation years, and resulted in another 171 homes. The post World War II building boom added 91 homes, many in the newly popular California Ranch style. Enhanced by the canopies of mature trees that line many of the streets, Wilshire Square developed as a middle class neighborhood of white and blue collar workers. Homes were both owner and speculator built, and, regardless of style, are unified by their one-story height, scale, common setbacks, and the placement of detached garages in the rear of each property. Retaining these qualities today (2003), the neighborhood was recognized for excellence in urban design by the Orange County Chapter of the American Institute of Architects in 1997. The Levengood House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, as a building with the `distinguishing characteristics of an architectural style or period. " The combination of stucco walls and tiled roof and treatment of the patio with its rustic wood posts exhibited on the house are typical features of the Spanish Colonial Revival and demonstrate that the style could be used effectively on both large as well as relatively modest homes. Additionally, the house has been categorized as "Contributive" because it `contributes to the overall character and history" of Wilshire Square and is a good example of period architecture" as an illustration of the Spanish Colonial Revival style. Character defining exterior features of the Levengood House that should be preserved include, but may not be limited to: materials and finishes (stucco, wood, tile), roof configuration and treatment; massing and composition; original doors and windows, porch, - and architectural detailing (porch posts, brackets, and beam). Historic Resources Commission c-22 5/8/2024 DPR 523LCIty Council 16 — 40 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 4 Resource Name or # (Assigned by recorder) Levengood House *Recorded by Leslie J. Heumann, SAIC *Date October 1, 2003 ❑x Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated EncVclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. `Instructions for Recording Historical Resources. " Sacramento: March 1995. Historic maps in the collection of the History Room of the Santa Ana Public Library. Santa Ana and Orange County Directories, 1905-1931. Santa Ana Register, April 12, 1923. "Vintage Santa Ana Right On Track." The Register, January 13, 1990. "Neighbors Gear Up For Big Project." Los Angeles Times, August 6, 1992. "Neighborliness Lives On Wilshire Square's Streets." Los Angeles Times, October 5, 1996. "Wilshire Square —A Profile in Pride of Ownership." City Line, July/August 2001. Wilshire Square Neighborhood Association, Home Tour Brochures, 1989-1994. www.wilshiresquare.com www.geocities.com/Heart/and/3383/aia.htm Historic Resources Commission c-23 5/8/2024 DPR 523LCIty Council 16 — 41 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92707 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: I. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic Resources Commission c-24 5/8/2024 City Council 16 — 42 8/6/2024 MILLS ACT AGREEMENT 1205 South Birch Street Santa Ana, CA 92707 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. ■ • G- • - •uu •�OWNS e CouncilCity • 8/6/2024 Exhibit D: Proposed Structure Improvements ("Work Plan") 1205 South Birch Street Item Year Improvement 1 2024 Roof repair— main house and garage 2 2025 Hollywood driveway replacement 3 2026 Replace all replacement windows at the rear and side facades as determined by Planning. New windows to be double -hung wood windows with ogee lugs. Building permit required. 4 2026 Repair garage walls 5 2027 Dry -rot removal from walls 6 2028 Termite treatment 7 2029 Window rehabilitation 8 2030 Repaint exterior 9 2032 Front porch flooring rehabilitation 10 2033 Preserve/restore exterior wood elements City Council 16 — 44 8/6/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Jill Brumett and Mona R Konstan, married as community property with right of survivorship (hereinafter collectively referred to as "Owner"), owner of real property located at 516 West 1911 Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 516 West 1911 Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council Exhibit1p — 45 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on August 7, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Executive Summary" and "Historical Property Description" attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, City Council 16 — 46 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements." Restoration of Hollywood driveway shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. City Council 16 — 47 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. City Council 16 — 48 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 516 West 191b Street, Assessor Parcel Number, 002-104-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk City Council 16 — 49 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 Owners: Jill Brumett and Mona Konstan 944 West Buffalo Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. City Council 16 — 50 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} City Council 16 — 51 8/6/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney BR;ON .. . Deputy City Attorney MILLS ACT AGREEMENT SZ 6 West Z 9' Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: JILL BRUMETT By: MONA KONSTAN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency City Council 16 — 52 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS: LOT 4 IN BLOCK "B" OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY Assessor's Parcel Number: 002-104-11 City Council 16 — 53 8/6/2024 EXECUTIVE SUMMARY Exhibit 6 Dixon-Heemstra House 516 W 19t" Street Santa Ana, CA 92706 NAME Dixon-Heemstra House REF. NO. ADDRESS 516 West 19t" Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a late Craftsman style residential building. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2(2)). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. City Council 16 — 54 8/6/2024 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial NRHP Status Code Reviewer Page 1 of 5 Resource name(s) or number (assigned by recorder) Dixon-Heemstra House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 516 West 19th Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-104-11 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Dixon-Heemstra House is a one story, single-family, Craftsman Style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The main residence's asymmetrical primary fagade faces West 19th Street to the north. The residence exhibits an L-shaped plan with a long side -gable porch roof that intersects two front gables at the primary (north) fagade. The building's low -pitch roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in narrow horizontal wood panel siding. At the primary (north) fagade, the covered porch wraps around the building's northeast corner and is supported by three porch columns (Figure 2). Exposed beams are located at the gable end of the porch's east side. The primary entrance is situated within the covered porch at the primary (north) fagade and is composed of a single glazed door with divided lights (Figure 3). Two large tripartite wood -frame windows, comprised of a central fixed window between two narrow double -hung windows with divided lights, flank the main entrance (Figure 4). (See Continuation Sheet 3 of 5.) *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a. Photo W P5b. Photo: (view and date) (Figure 1) Primary (north) and side (east) elevations, view southwest, Feb 2023 *P6. Date Constructed/Age and Sources: ■historic 19231 Orange County Assessor's *P7. Owner and Address: Jill Brumett and Mona Konstan 516 W 19th Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 8, 2024 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) "Required information City Council 16 — 55 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: Dixon-Heemstra House 131. Historic Name: Dixon-Heemstra House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Craftsman Style *136. Construction History: (Construction date, alterations, and date of alterations): June, 1923. Permit to construct a single residence and garage. $4, 000. March 13, 1950. Termite work for Mrs. Leslie Smith by H.J. Carr. $130 December 7, 1951. Reroof res. for M.S. Ogg by Holmes. $250. September 8, 1992. Reroof w/t.o. $4,300. July 31, 2019. Laundry room addition to kitchen. $2,625. July 31, 2019. Tear off existing, install 21 squares of comp roofing. $5, 943. *137. Moved? ■No Dyes OUnknown Date: *138. Related Features: Detached garage 139a. Architect: Unknown Original location: b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1923 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Dixon-Heemstra House is architecturally significant as an intact example of a Craftsman style house in Santa Ana. The original building permit is dated June 1923, which indicates it was built as a single family residence and garage for owner and homebuilder W.H. Dixon for $4,000. Dixon, affiliated with W.H. Dixon and Son, was a local contractor and builder in Santa Ana and greater Orange County (Santa Ana Register, March 30, 1930). The original architect is unknown. In 1923, newspapers advertised the sale of the subject property as "Dixon's Durable Dwelling" built in the "exclusive highly restricted Strong tract" (Santa Ana Register, October 25, 1923). City directories note that the property was vacant in 1924; however, from 1925 to 1929 Benjamin Heemstra is listed as the building's occupant. From 1930 to 1931, P.H. Budd is the known occupant, who contributed to Orange County's first engineer report by Engineer Thomas Means in 1931. Budd later became an engineer for the Orange County flood -control district in 1934 and was ultimately appointed as the Orange County flood - control engineer in 1952 (Santa Ana Register, December 28, 1952). (See Continuation Sheet 3 of 5). B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 5.) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: May 8, 2024 (This space reserved for official comments.) Sketch Map Dixon-Heemstra House 516 West 19th Street r � e srrar # J O Oi, Q Q I: I 44 CANCO� Or A.. "roM 45 a x z W.B. ROOSEYi i snaeer ", PaA. a ,s i evs�, i 4r srm�r a -J DPR 523B (1/95 City Council 16 — 56 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: Dixon-Heemstra House *Recorded by Andrea Dumovich Heywood *Date May 8, 2024❑x Continuation ❑ Update *133a. Description (continued): Fenestration on the side (west) fagade consists of several double -hung wood windows of various size, along with a small casement window (Figure 5). The side (east) fagade consists of double -hung windows with a multi -light pattern on the upper light as well as those without any divided lights, and one multi -light glazed door. The rear (south) fagade includes double - hung wood windows in a group of three and one single window are located at the rear fagade, along with a single casement window. Window framing throughout the building is made of wide framing with an emphasized sill and header. The main entrance door also consists of the same framing to match. The rear (south) fagade is made of the primary gable roof and a smaller gable roof at the southeast corner of the building. The smaller gable roof houses the 2019 laundry room addition to kitchen (Figure 6). The addition's siding material is slightly differentiated from the original siding to indicate it is a later addition. The detached garage is situated to the southeast of the main residence. The front -gabled garage has an off -centered vehicular double -door that slides open (Figure 7). Siding is designed to match the main residence along with extended eaves and exposed rafter tails. No windows are present except for a rear opening that has since been infilled. Additional architectural features include front entrance concrete pathway and concrete porch deck and a Hollywood driveway which has been modified from grass to gravel at its center. Metal window awnings have been added to a few west-fagade windows as a later addition. The property is landscaped with a front lawn, small shrubs, and a few medium-sized trees. *1310. Significance (continued): C.R. McCaslin occupied the property for one year in 1932. During the years 1933 and 1934, F.H. Albrecht is listed as the occupant, and then L.G. Holman is the known occupant from 1935 to 1937. From 1938 to 1939, C.H. Dale is the occupant. The property is listed as vacant in 1940. In 1941, both R.L. Fleming and H.R. McGuire are noted as building occupants. From 1944 to 1950 Mrs. Jessie Wild occupied the property. City directories were not available from 1957 to 1959, in 1962, and between 1966 and 1978. From 1979 to 1995, R.S. Fink occupied the property, and from 1999 to 2008, Stephen Loft owned the property. No additional information was uncovered regarding the previously noted owners and occupants. The current owners Jill Brumett and Mona Konstan purchased the property in 2019. The Dixon-Heemstra House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman style home in Santa Ana. Located in Floral Park, the house cost $4,000 to build in 1923. The recommended categorization is `Key" because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary fagade; low -pitch roof with overhanging eaves and exposed s rafter tails: Iona side-aabled porch roof that intersects two front gableat the primary facade: narrow horizontal wood panel siding, the porch's exposed beams at the gable's end and three porch support columns; primary entrance composed of a DPR 523LCIty COUInCII 16 - 57 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: Dixon-Heemstra House *Recorded by Andrea Dumovich Heywood *Date May 8, 2024❑x Continuation ❑ Update single glazed door with divided lights, two large tripartite wood -frame windows, comprised of a central fixed window between two narrow double -hung windows with divided lights, which flank the main entrance, original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs, and the Hollywood driveway (if restored from gravel to grass in center). *1312. References (continued): Ancestry.com. California, Death Index, 1923-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register, The Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1923-2008. DPR 523LCIty COUInCII 16 - 58 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: Dixon-Heemstra House *Recorded by Andrea Dumovich Heywood *Date May 8, 2024❑x Continuation ❑ Update Additional Figures: x. Figure 2. At the primary (north) fagade, the covered Figure 3. The primary entrance is situated within the porch wraps around the building's northeast corner and covered porch at the primary (north) fagade and is is su orted by three porch columns composed of a single glazed door with divided lights. y. II __ Figure 4. A large tripartite wood -frame windows, Figure 5. Fenestration on the side (west) fagade consists comprised of a central fixed window between two narrow of several double -hung wood windows of various size, double -hung windows with divided lights, adjacent to the along with a small casement window. main entrance. - r � 3 +e E- ae, i Figure 6. The rear (south) fagade is made of the primary Figure 7. The front -gabled garage has an off -centered gable roof and a smaller gable roof that houses the 2019 vehicular double -door that slides open. laundry r DPR 523LCIty COUInCII 16 - 59 8/6/2024 MILLS ACT AGREEMENT 516 W I91h Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: I. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with City Council 16 — 60 8/6/2024 MILLS ACT AGREEMENT 516 W I91h Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. City Council 16 — 61 8/6/2024 Exhibit D Exhibit D: Proposed Structure Improvements ("Work Plan") 516 W 19t" Street Item Year Improvement 1 2025 Restoration of Hollywood driveway (remove gravel and replace with grass; repair concrete) 2 2027 Repair window pulls throughout 3 Ongoing Continued maintenance of landscaping City Council 16 — 62 8/6/2024 Planning and Building Agency Item # 1 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Historic Resources Commission Staff Report May 8, 2024 Topic: HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 — Dixon-Heemstra House (516 West 19t" Street) RECOMMENDED ACTION 1. Adopt a resolution approving Historic Resources Commission Application No. 2024-02 and Historic Register Categorization No. 2024-02 (Exhibit 1). 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreement with Jill Brumett and Mona Konstan, subject to non -substantive changes approved by the City Manager and City Attorney (Exhibit 2). EXECUTIVE SUMMARY Jill Brumett and Mona Konstan are requesting approval to designate an existing Craftsman style residence located at 516 West 191" Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. The property qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman Style home in Santa Ana. It is worthy of "Key" categorization it has a distinctive architectural style and quality reflective of the Craftsman style, including its low -pitch gabled roof, exposed rafter tails, and front porch, among other features. DISCUSSION Project Location and Site Description The subject property is located on the south side of West 19t" Street between Greenleaf and Ross streets, in the Floral Park neighborhood in Santa Ana. The site contains a 1,160-square-foot, Craftsman style residence and detached garage, on a 7,320-square- foot residential lot (Exhibit 3). Analysis of the Issues Historical Listing Historic Resources Commission 1-1 5/8/2024 City Council 16 — 63 8/6/2024 Exhibit 4 HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 — Dixon-Heemstra House (516 West 191" Street) May 8, 2024 Page 2 In March 1999, the City Council approved Ordinance No. NS-2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed public hearing, designate as a historical property any building or part thereof, object, structure, or site having importance to the history or architecture of the city in accordance with the criteria set forth in Section 30-2 of the Santa Ana Municipal Code (SAMC). This project entails applying the selection criteria established in Chapter 30 of the Santa Ana Municipal Code (Places of Historical and Architectural Significance) to determine if this structure is eligible for historic designation to the Santa Ana Register of Historical Properties. The first criterion for selection requires that the structures be 50 or more years old. The structure identified meets the selection criteria for inclusion on the Santa Ana Register of Historical Properties pursuant to criteria contained in Section 30-2 of the Santa Ana Municipal Code, as the structure is 101 years old and is a sound example of period architecture. No known code violations exist on record for this property. The Dixon-Heemstra House is architecturally significant as an intact example of a Craftsman style house in Santa Ana. The original building permit is dated June 1923, which indicates it was built as a single family residence and garage for owner and homebuilder W.H. Dixon for $4,000. Dixon, affiliated with W.H. Dixon and Son, was a local contractor and builder in Santa Ana and greater Orange County (Santa Ana Register, March 30, 1930). The original architect is unknown. In 1923, newspapers advertised the sale of the subject property as "Dixon's Durable Dwelling" built in the "exclusive highly restricted Strong tract" (Santa Ana Register, October 25, 1923). City directories note that the property was vacant in 1924; however, from 1925 to 1929 Benjamin Heemstra is listed as the building's occupant. From 1930 to 1931, P.H. Budd is the known occupant, who contributed to Orange County's first engineer report by Engineer Thomas Means in 1931. Budd later became an engineer for the Orange County flood -control district in 1934 and was ultimately appointed as the Orange County flood - control engineer in 1952 (Santa Ana Register, December 28, 1952). C.R. McCaslin occupied the property for one year in 1932. During the years 1933 and 1934, F.H. Albrecht is listed as the occupant, and then L.G. Holman is the known occupant from 1935 to 1937. From 1938 to 1939, C.H. Dale is the occupant. The property is listed as vacant in 1940. In 1941, both R.L. Fleming and H.R. McGuire are noted as building occupants. From 1944 to 1950 Mrs. Jessie Wild occupied the property. City directories were not available from 1957 to 1959, in 1962, and between 1966 and 1978. From 1979 to 1995, R.S. Fink occupied the property, and from 1999 to 2008, Stephen Loft owned the property. No additional information was uncovered regarding the previously noted owners and occupants. The current owners Jill Brumett and Mona Konstan purchased the property in 2019. The Dixon-Heemstra House is a one story, single-family, Craftsman Style residence and detached garage located on a small parcel in the Floral Park neighborhood. The main CouncilCity • •48/6/2024 HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 — Dixon-Heemstra House (516 West 191" Street) May 8, 2024 Page 3 residence's asymmetrical primary fagade faces West 19th Street to the north. The residence exhibits an L-shaped plan with a long side -gable porch roof that intersects two front gables at the primary (north) fagade. The building's low -pitch roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in narrow horizontal wood panel siding. At the primary (north) fagade, the covered porch wraps around the building's northeast corner and is supported by three porch columns. Exposed beams are located at the gable end of the porch's east side. The primary entrance is situated within the covered porch at the primary (north) fagade and is composed of a single glazed door with divided lights. Two large tripartite wood - frame windows, comprised of a central fixed window between two narrow double -hung windows with divided lights, flank the main entrance. Fenestration on the side (west) fagade consists of several double -hung wood windows of various size, along with a small casement window. The side (east) fagade consists of double -hung windows with a multi -light pattern on the upper light as well as those without any divided lights, and one multi -light glazed door. The rear (south) fagade includes double -hung wood windows in a group of three and one single window are located at the rear fagade, along with a single casement window. Window framing throughout the building is made of wide framing with an emphasized sill and header. The main entrance door also consists of the same framing to match. The rear (south) fagade is made of the primary gable roof and a smaller gable roof at the southeast corner of the building. The smaller gable roof houses the 2019 laundry room addition to kitchen. The addition's siding material is slightly differentiated from the original siding to indicate it is a later addition. The detached garage is situated to the southeast of the main residence. The front -gabled garage has an off -centered vehicular double -door that slides open. Siding is designed to match the main residence along with extended eaves and exposed rafter tails. No windows are present except for a rear opening that has since been infilled. Additional architectural features include front entrance concrete pathway and concrete porch deck and a Hollywood driveway, which has been modified from grass to gravel at its center. Metal window awnings have been added to a few west-fagade windows as a later addition. The property is landscaped with a front lawn, small shrubs, and a few medium-sized trees. Character -defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary fagade; low -pitch roof with overhanging eaves and exposed rafter tails; long side -gabled porch roof that intersects two front gables at the primary fagade; narrow horizontal wood panel siding; the porch's exposed beams at the gable's end and three porch support columns; primary entrance composed of a single glazed door with divided lights; two large tripartite wood -frame windows, comprised of a CouncilCity • •8/6/2024 HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 — Dixon-Heemstra House (516 West 191" Street) May 8, 2024 Page 4 central fixed window between two narrow double -hung windows with divided lights, which flank the main entrance; original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs; and the Hollywood driveway (if restored from gravel to grass in center). The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman Style home in Santa Ana. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Craftsman style. Mills Act Agreement Ordinance No. NS-2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Act agreements for eligible properties (Exhibit 2). To be eligible for the Mills Act, the property must be listed on the Santa Ana Register of Historical Properties. The Historic Resources Commission Application and Historic Register Categorization actions proposed for this site authorize the listing of the property on the local register. The agreement provides monetary incentives to the property owner in the form of a property tax reduction in exchange for the owner's voluntary commitment to maintain the property in a good state of repair as necessary to maintain its character and appearance. Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits include: • Long term preservation of the property and visual improvement to the neighborhood • A mechanism to provide for property rehabilitation • Incentives for potential buyers to purchase historic structures • Discouraging inappropriate alterations to the property The property has no identified unauthorized modifications. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement subject to a completion of future improvements as described in an attached Work Plan. Overall, future improvements (Work Plan) proposed by the homeowner during the initial ten years of the Mills Act Agreement include the following: restoration of Hollywood driveway, repair window pulls throughout, and continued landscape maintenance. The Hollywood driveway restoration will be completed within the first five years of the contract. Staff will ensure that all proposed work will be done sensitively and will maintain the property's character -defining features as part of the Mills Act Agreement for this property. As part of the Mills Act approval process, staff will work with the applicant to ensure that a bronze plaque is installed honoring and recognizing the structure. The plaque will include the historic name, address, year built, and local historic register designation. CouncilCity • ••8/6/2024 HRCA No. 2024-02, HRC No. 2024-02, HPPA No. 2024-04 — Dixon-Heemstra House (516 West 191" Street) May 8, 2024 Page 5 Lastly, the site will be subject to general maintenance and upkeep requirements including, but not limited to, replacement or restoration of damaged character -defining features, landscaping upkeep, painting, etc. Upon consideration of the application, it is recommended that the City enter into a Historic Property Preservation Agreement to enable the Mills Act. Public Notification The subject site is located within the Floral Park Neighborhood Association. The president of this Neighborhood Association was notified by mail 10 days prior to this public hearing. In addition, the project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and mailed notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, has been received from any members of the public. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15331 of the CEQA Guidelines (Class 31 — Historical Resource Restoration/Rehabilitation) as these actions are designed to preserve historic resources. Based on this analysis, a Notice of Exemption, Environmental Review No. 2024-11 will be filed for this project. FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $804.95 annually, for a period of not less than ten years. EXHIBIT(S) 1. Resolution 2. Mills Act Agreement 3. 500-Foot Radius Map Submitted By: Andrea Heywood, Associate Planner Approved By: Minh Thai, Executive Director of Planning and Building Agency, Planning and Building Agency City • • •8/6/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2024-XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2024-02 TO PLACE THE PROPERTY LOCATED AT 516 WEST 19TH STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO. 2024-02 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. On May 8, 2024, the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2024-02) and categorization (Historic Resources Commission Categorization No. 2024- 02) of the Dixon-Heemstra House located at 516 West 19t" Street, Santa Ana. B. The Dixon-Heemstra House has distinctive architectural features of the Craftsman style and was built in 1923. C. The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman style home in Santa Ana. The house displays characteristics of the Craftsman style through its use of low -pitch gabled roof, exposed rafter tails, and front porch; among other original features. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary fagade; low -pitch roof with overhanging eaves and exposed rafter tails; long side - gabled porch roof that intersects two front gables at the primary fagade; narrow horizontal wood panel siding; the porch's exposed beams at the gable's end and three porch support columns; primary entrance composed of a single glazed door with divided lights, two large tripartite wood -frame windows, comprised of a central fixed window between two narrow double - hung windows with divided lights, which flank the main entrance; original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs; and the Hollywood driveway (if restored from gravel to grass in center). Historic Resources Commission 1-6 t5/8/2024 City Council 16 — 68 ResolutioPf*93 4-XX Page 1 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 D. The legal owners of the property are Jill Brumett and Mona R. Konstan, married as community property with right of survivorship. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. F. The subject property meets the standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimum standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. H. In addition to meeting the standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code, the applicant has agreed, as part of the requested Mills Act agreement work plan, to restoration of select elements described therein within the first five years of the Agreement's term, including restoration of the Hollywood driveway. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under CEQA Guidelines Section 15331, Class 31, as these actions are designed to preserve historical resources. Categorical Exemption/Environmental Review No. 2024-11 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana, after conducting the public hearing, hereby approves: A. Historic Resources Commission Application No. 2024-02 to place the Dixon-Heemstra House located at 516 West 191" Street, Santa Ana, 92706 on the historical register, and B. Historic Register Categorization No. 2024-02 placing the Dixon-Heemstra House located at 516 West 19t" Street, Santa Ana, 92706 within the Key category, as conditioned in Exhibit B, attached hereto and incorporated herein. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto, the report entitled "Historical Property Description," and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this Resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this Resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. Historic Resources Commission 1-7 5/8/2024 City Council 16 — 69 Resolutio§*93� 4-XX Page 2 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 ADOPTED this 81" day of May, 2024. Tim Rush Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Brandon Salvatierra Deputy City Attorney AYES: Commission members NOES: Commission members ABSTAIN: Commission members NOT PRESENT: Commission members Historic Resources Commission 1-8 5/8/2024 City Council 16 — 70 ResolutioPfR*93 4-XX Page 3 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Historic Resources Commission Secretary, do hereby attest to and certify the attached Resolution No. 2024-XX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on May 8, 2024. Date: Nuvia Ocampo Commission Secretary City of Santa Ana Historic Resources Commission 1-9 t5/8/2024 City Council 16 — 71 ResolutioPf*93 4-XX Page 4 of 6 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT A LEGAL DESCRIPTION APN Address Legal Description Owner Names 002-104-11 516 West 191" Street THE LAND HEREINAFTER Jill Brumett and REFERRED TO IS SIUTATED Mona R Konstan IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS: LOT 4 IN BLOCK "B" OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY Resolution • ' City Council 16 — 72 8/6/2024 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 EXHIBIT B Conditions of Approval for Historic Resources Commission Application No. 2024-02 and Historic Resources Commission Cateaorization No. 2024-02 The Applicant must comply with each condition listed below prior to exercising the rights conferred by the Historic Resource Commission's approval and the City of Santa Ana Register of Historic Properties pursuant to Section 30-6 of the Santa Ana Municipal Code. The Applicant must remain in compliance with all condition(s) listed below: Within 180-days of execution of this resolution, the applicant shall install a bronze plaque as per a template on file with the Planning Division honoring and recognizing the structure at 516 West 191" Street, historically known as the Dixon-Heemstra House. The plaque shall include the historic name, address, year built, and local historic register designation. The final dimensions, location, text and description on the plaque shall be reviewed and approved by Planning Division staff. Resolution -WistoricG- • - •uu •• `-ITRbNJI CouncilCity •8/6/2024 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: Clerk of the Council FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreement") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and Jill Brumett and Mona R Konstan, married as community property with right of survivorship (hereinafter collectively referred to as "Owner"), owner of real property located at 516 West 1911 Street, Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with owners of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at 516 West 1911 Street, Santa Ana, CA, 92706 and more particularly described in Exhibit "A," attached hereto and incorporated herein by reference, and hereinafter referred to as the "Historic Property." C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. City and Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs, additions, new building, and other changes are appropriate; and to ensure that rehabilitation and maintenance are carried out in an exemplary manner. City Council 16 — 74 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 E. Owner and City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an assessment of valuation as a restricted historical property pursuant to Article 1.9, Sec. 439 et seq., Chapter 3 Part 2 of Division 1 of the California Tax and Revenue Code. NOW, THEREFORE, the City of Santa Ana and the Owner of the Historic Property agree as follows: 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on July 17, 2024, and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section 2, below. 2. Renewal. a. Each year on the anniversary of the effective date of this Agreement, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of nonrenewal is served as provided herein. b. If the Owner or the City desire(s) in any year not to renew the Agreement, the Owner or City shall serve written notice of nonrenewal of the Agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. C. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal. d. If either the Owner or the City serves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance of the term then remaining, either from its original execution or from the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a. Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Executive Summary" and "Historical Property Description" attached hereto, marked collectively as Exhibit B, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, CouncilCity •8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 textures, details, mass, roof line, porch and other aspects of the appearance of the exterior to the satisfaction of the City. b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic Preservation of the State Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto, marked as Exhibit C, and incorporated herein by this reference. Owner shall continually maintain the Historic Property in the same or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees and other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission; paving of yard surface; exterior alterations or additions unless approved by the Historic Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cars, appliances, or furniture; and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location. e. Owner shall allow reasonable periodic inspection by prior appointment, as needed or at least every five (5) years after the initial inspection, of the interior and exterior of the Historic Property by representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization, to determine the Owner's compliance with the terms and provisions of this Agreement. As part of the periodic inspection, Owner shall supply information in a format determined acceptable by the representatives of the City of Santa Ana, the County Assessor, the State Department of Parks and Recreation, and the State Board of Equalization information required to determine compliance with the terms of this Agreement. f. Owner shall implement the rehabilitation and restoration work items as discussed in detail in Exhibit D, "Proposed Structure Improvements." Restoration of Hollywood driveway shall be finalized within the first five years of the Mills Act Agreement, with all other work items completed within the first ten years of the Mills Act Agreement. Proof of status and completion, as requested from time to time by the City of Santa Ana, will be required in order to satisfy and maintain the Mills Act Agreement. Staff approval is required before items shall be amended or removed/replaced from the improvements list. CouncilCity • •8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 4. Furnishing of Information. The Owner hereby agrees to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et. seq., may cancel this Agreement if it determines that the Owner have breached any of the conditions of this Agreement, or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner have failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement. If a contract is cancelled for these reasons, the Owner shall pay a cancellation fee to the County Auditor as set forth in Government Code Section 50286. This cancellation fee shall be a percentage (currently set at twelve and one-half (12 1/z) percent by Government Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. b. If the Historic Property is destroyed by earthquake, fire, flood or other natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed. No fee shall be imposed in the case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Government Code Section 50288. 6. Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, City may specifically enforce, or enjoin the breach of, the terms of the Agreement. In the event of a default, under the provisions to cancel the Agreement by Owner, the City shall give written notice to Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (30) days thereafter, or if not corrected within such a reasonable time as may be required to cure the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by Owner), then City may, without further notice, declare a default under the terms of this Agreement and may bring any action necessary to specifically enforce the obligations of Owner growing out of the terms of this Agreement, apply to any court, state or federal, for injunctive relief against any violation by Owner or apply for such relief as may be appropriate. CouncilCity • 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 b. City does not waive any claim of default by the Owner if City does not enforce or cancel this Agreement. All other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing historic properties are available to City to pursue in the event that there is a breach of this Agreement. No waiver by City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement. a. Owner hereby subjects the Historic Property, located at 516 West 191b Street, Assessor Parcel Number, 002-104-11, and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, conditions, and restrictions as set forth in this Agreement. b. City and Owner hereby declare their specific intent that the covenants, conditions and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon Owner's successors and assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants, restrictions, and reservations expressed in this Agreement regardless of whether such covenants, conditions and restrictions are set forth in such contract, deed, or other instrument. C. This property is listed in the Santa Ana Register of Historical Properties (Register). In any real property transaction, the owner of this property or the owner's representative shall provide the buyer of this property with notice that the property is listed on the City's historic Register. 8. No Compensation. Owner shall not receive any payment from City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to Owner as a result of the effect upon the assessed value of the Property on the account of the restrictions on the use and preservation of the Property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Ana 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Attn: City Clerk ■ • G-F • - •u 1 •� • CouncilCity •8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 Owners: Jill Brumett and Mona Konstan 944 West Buffalo Avenue Santa Ana, CA 92706 10. General Provisions. a. None of the terms, provisions, or conditions of this Agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall such terms, provisions or conditions cause them to be considered joint ventures or members of any joint enterprise. b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agent, employee, or other person acting on his or her behalf which relates to the use, operation, and maintenance of the Historic Property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not City prepared, supplied, or approved the plans, specifications or other documents for the Historic Property. d. All of the agreements, rights, covenants, conditions, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the Historic Property, whether by operation of law on in any manner whatsoever. e. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. f. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. g. This Agreement shall be construed and governed in accordance with the laws of the State of California, with venue in Orange County. RIMUTi G-F • - •u 1 •� CouncilCity • • 8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 11. Recordation. No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange. 12. Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 13. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature page follows} CouncilCity • :0 8/6/2024 ATTEST: JENNIFER L. HALL City Clerk OWNERS Date: Date: APPROVED AS TO FORM: SONIA CARVALHO City Attorney BR;ON .. . Deputy City Attorney MILLS ACT AGREEMENT SZ 6 West Z 9' Street Santa Ana, CA 92706 CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager By: JILL BRUMETT By: MONA KONSTAN RECOMMENDED FOR APPROVAL: MINH THAI Executive Director Planning and Building Agency Councilmi MEMO me, City •8/6/2024 MILLS ACT AGREEMENT 516 West I9'h Street Santa Ana, CA 92706 EXHIBIT A LEGAL DESCRIPTION THE LAND HEREINAFTER REFERRED TO IS SITUATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CA, AND IS DESCRIBED AS FOLLOWS: LOT 4 IN BLOCK "B" OF TRACT NO. 256, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 14, PAGE 23 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY Assessor's Parcel Number: 002-104-11 ■ • G- • - •uu •� Up Al CouncilCity • : 8/6/2024 EXECUTIVE SUMMARY Dixon-Heemstra House 516 W 19t" Street Santa Ana, CA 92706 NAME Dixon-Heemstra House REF. NO. ADDRESS 516 West 19t" Street CITY Santa Ana ZIP 92706 ORANGE COUNTY YEAR BUILT 1923 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I N/A NEIGHBORHOOD I Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION C/3 CALIFORNIA REGISTER STATUS CODE 5S3 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for embodiment of the distinguishing characteristics of a late Craftsman style residential building. The recommended categorization is "Key" because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2(2)). EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S3: Appears to be individually eligible for local listing or designation through survey evaluation. • G- • - •uu ••0 NEW e CouncilCity •8/6/2024 State of California —The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listings Review Code Primary #. HRI # Trinomial NRHP Status Code Reviewer Page 1 of 5 Resource name(s) or number (assigned by recorder) Dixon-Heemstra House Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: Orange Quadrangle California -Orange County 7.5-Minute Series Date: 2022 *c. Address 516 West 19th Street City: Santa Ana Zip: 92706 *e. Other Locational Data: Assessor's Parcel Number 002-104-11 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Dixon-Heemstra House is a one story, single-family, Craftsman Style residence and detached garage located on a small parcel in the Floral Park neighborhood (Figure 1). The main residence's asymmetrical primary fagade faces West 19th Street to the north. The residence exhibits an L-shaped plan with a long side -gable porch roof that intersects two front gables at the primary (north) fagade. The building's low -pitch roof is clad in asphalt shingles with overhanging eaves and exposed rafter tails. The exterior of the house is clad in narrow horizontal wood panel siding. At the primary (north) fagade, the covered porch wraps around the building's northeast corner and is supported by three porch columns (Figure 2). Exposed beams are located at the gable end of the porch's east side. The primary entrance is situated within the covered porch at the primary (north) fagade and is composed of a single glazed door with divided lights (Figure 3). Two large tripartite wood -frame windows, comprised of a central fixed window between two narrow double -hung windows with divided lights, flank the main entrance (Figure 4). (See Continuation Sheet 3 of 5.) *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence and HP4. Ancillary building *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5a. Photo W P5b. Photo: (view and date) (Figure 1) Primary (north) and side (east) elevations, view southwest, Feb 2023 *P6. Date Constructed/Age and Sources: ■historic 19231 Orange County Assessor's *P7. Owner and Address: Jill Brumett and Mona Konstan 516 W 19th Street Santa Ana, CA 92706 *P8. Recorded by: Andrea Dumovich Heywood City of Santa Ana 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: May 8, 2024 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ❑None ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record ❑Rock Art Record ❑Artifact Record ❑Photograph Record ❑ Other (list) DPR 523A (1/95) "Required information 1121M on W• •1111 i CouncilCity • 848/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 5 *NRHP Status Code 5S3 *Resource Name or #: Dixon-Heemstra House 131. Historic Name: Dixon-Heemstra House 132. Common Name: Same 133. Original Use: Single-family Residence 134. Present Use: Single-family Residence *135. Architectural Style: Craftsman Style *136. Construction History: (Construction date, alterations, and date of alterations): June, 1923. Permit to construct a single residence and garage. $4, 000. March 13, 1950. Termite work for Mrs. Leslie Smith by H.J. Carr. $130 December 7, 1951. Reroof res. for M.S. Ogg by Holmes. $250. September 8, 1992. Reroof w/t.o. $4,300. July 31, 2019. Laundry room addition to kitchen. $2,625. July 31, 2019. Tear off existing, install 21 squares of comp roofing. $5, 943. *137. Moved? ■No Dyes OUnknown Date: *138. Related Features: Detached garage 139a. Architect: Unknown Original location: b. Builder: Unknown *1310. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1923 Property Type: Single-family Residence Applicable Criteria: C13 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Dixon-Heemstra House is architecturally significant as an intact example of a Craftsman style house in Santa Ana. The original building permit is dated June 1923, which indicates it was built as a single family residence and garage for owner and homebuilder W.H. Dixon for $4,000. Dixon, affiliated with W.H. Dixon and Son, was a local contractor and builder in Santa Ana and greater Orange County (Santa Ana Register, March 30, 1930). The original architect is unknown. In 1923, newspapers advertised the sale of the subject property as "Dixon's Durable Dwelling" built in the "exclusive highly restricted Strong tract" (Santa Ana Register, October 25, 1923). City directories note that the property was vacant in 1924; however, from 1925 to 1929 Benjamin Heemstra is listed as the building's occupant. From 1930 to 1931, P.H. Budd is the known occupant, who contributed to Orange County's first engineer report by Engineer Thomas Means in 1931. Budd later became an engineer for the Orange County flood -control district in 1934 and was ultimately appointed as the Orange County flood - control engineer in 1952 (Santa Ana Register, December 28, 1952). (See Continuation Sheet 3 of 5). B11. Additional Resource Attributes: (List attributes and codes) *1312. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 4 of 5.) B13. Remarks: None *1314. Evaluator: Andrea Dumovich Heywood, City of Santa Ana. *Date of Evaluation: May 8, 2024 (This space reserved for official comments.) Sketch Map Dixon-Heemstra House 516 West 19th Street r � e srrar # J CANCO� Or A.. "roM 45 a x z W.B. ROOSEYi i snaeer ", PaA. a ,s i evs�, i 4r srm�r a -J DPR 523B (1/95 City Council 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 5 Resource Name: Dixon-Heemstra House *Recorded by Andrea Dumovich Heywood *Date May 8, 2024❑x Continuation ❑ Update *133a. Description (continued): Fenestration on the side (west) fagade consists of several double -hung wood windows of various size, along with a small casement window (Figure 5). The side (east) fagade consists of double -hung windows with a multi -light pattern on the upper light as well as those without any divided lights, and one multi -light glazed door. The rear (south) fagade includes double - hung wood windows in a group of three and one single window are located at the rear fagade, along with a single casement window. Window framing throughout the building is made of wide framing with an emphasized sill and header. The main entrance door also consists of the same framing to match. The rear (south) fagade is made of the primary gable roof and a smaller gable roof at the southeast corner of the building. The smaller gable roof houses the 2019 laundry room addition to kitchen (Figure 6). The addition's siding material is slightly differentiated from the original siding to indicate it is a later addition. The detached garage is situated to the southeast of the main residence. The front -gabled garage has an off -centered vehicular double -door that slides open (Figure 7). Siding is designed to match the main residence along with extended eaves and exposed rafter tails. No windows are present except for a rear opening that has since been infilled. Additional architectural features include front entrance concrete pathway and concrete porch deck and a Hollywood driveway which has been modified from grass to gravel at its center. Metal window awnings have been added to a few west-fagade windows as a later addition. The property is landscaped with a front lawn, small shrubs, and a few medium-sized trees. *1310. Significance (continued): C.R. McCaslin occupied the property for one year in 1932. During the years 1933 and 1934, F.H. Albrecht is listed as the occupant, and then L.G. Holman is the known occupant from 1935 to 1937. From 1938 to 1939, C.H. Dale is the occupant. The property is listed as vacant in 1940. In 1941, both R.L. Fleming and H.R. McGuire are noted as building occupants. From 1944 to 1950 Mrs. Jessie Wild occupied the property. City directories were not available from 1957 to 1959, in 1962, and between 1966 and 1978. From 1979 to 1995, R.S. Fink occupied the property, and from 1999 to 2008, Stephen Loft owned the property. No additional information was uncovered regarding the previously noted owners and occupants. The current owners Jill Brumett and Mona Konstan purchased the property in 2019. The Dixon-Heemstra House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of orange, avocado, and walnut trees and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In 1937, Roy Rodney Russell, joined his father's firm and by 1945 it was renamed as Roy Russell and Son. In the early post World War II years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2023) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Dixon-Heemstra House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 as an intact example of a Craftsman style home in Santa Ana. Located in Floral Park, the house cost $4,000 to build in 1923. The recommended categorization is `Key" because it has a distinctive architectural style and quality reflective of the Craftsman style (Santa Ana Municipal Code, Section 30-2.2). Character -defining features of the Dixon-Heemstra House include, but may not be limited to: L-shaped plan; asymmetrical primary fagade; low -pitch roof with overhanging eaves and exposed s rafter tails: Iona side-aabled porch roof that intersects two front gableat the primary facade: narrow horizontal wood panel sidi4gi_ctMrksr0j�kp 4iZq"Wi tgirg�ble's end and thr�q)Aorch support columns; primaryp�Ip �q),domposed of a DPR 523LCIty COUInCII 16 - 86 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 4 of 5 Resource Name: Dixon-Heemstra House *Recorded by Andrea Dumovich Heywood *Date May 8, 2024❑x Continuation ❑ Update single glazed door with divided lights, two large tripartite wood -frame windows, comprised of a central fixed window between two narrow double -hung windows with divided lights, which flank the main entrance, original windows and doors and window/door framing throughout; detached garage; front yard lawn with landscaping including mature trees and shrubs, and the Hollywood driveway (if restored from gravel to grass in center). *1312. References (continued): Ancestry.com. California, Death Index, 1923-1997 [database on-line]. Provo, UT, USA: Ancestry.com Operations Inc, 2000. Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Newspapers.com (Santa Ana Register, The Register) Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whiffen, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1923-2008. Historic Resources Commission 1-25 5/8/2024 DPR 523LCIty Council 16 — 87 8/6/2024 State of California —The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 5 of 5 Resource Name: Dixon-Heemstra House *Recorded by Andrea Dumovich Heywood *Date May 8, 2024❑x Continuation ❑ Update Additional Figures: x. Figure 2. At the primary (north) fagade, the covered Figure 3. The primary entrance is situated within the porch wraps around the building's northeast corner and covered porch at the primary (north) fagade and is is su orted by three porch columns composed of a single glazed door with divided lights. y. \ II __ Figure 4. A large tripartite wood -frame windows, Figure 5. Fenestration on the side (west) fagade consists comprised of a central fixed window between two narrow of several double -hung wood windows of various size, double -hung windows with divided lights, adjacent to the along with a small casement window. main entrance. - r � 3 +e E- ae, Figure 6. The rear (south) fagade is made of the primary IIi J Figure 7. The front -gabled garage has an off -centered gable roof and a smaller gable roof that houses the 2019 vehicular double -door that slides open. laundry r i 11.'1N1 • [•1 �t�.`1.1! I [•i�.'><�iq I I I I I I L'1.'1 [q ■ �4� 7[•7/�•1L' MILLS ACT AGREEMENT 516 W I91h Street Santa Ana, CA 92706 Exhibit C Exterior work shall be reviewed by the Historic Resources Commission and subject to the U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows: I. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. 2. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible. 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged. 4. Changes which may have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize a building, structure, or site shall be treated with sensitivity. 6. Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structures. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project. 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, an such design is compatible with Historic Resources Commission 1-27 5/8/2024 City Council 16 — 89 8/6/2024 MILLS ACT AGREEMENT 516 W I91h Street Santa Ana, CA 92706 size, scale, color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations need to be removed in the future, the essential form and integrity of the structure would be unimpaired. ■ • G- • - •uu •�0111 EURV e CouncilCity • •0 8/6/2024 Exhibit D: Proposed Structure Improvements ("Work Plan") 516 W 19t" Street Item Year Improvement 1 2025 Restoration of Hollywood driveway (remove gravel and replace with grass; repair concrete) 2 2025 Repair all exterior siding as needed 3 2027 Earthquake retrofit 4 2027 Repair window pulls throughout 5 Ongoing Continued maintenance of landscaping City Council 16 — 91 8/6/2024 ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 OR# 3807564 NOTICE OF PUBLIC HEARING correspondence delivered to the Historic BEFORE THE SANTA ANA HSTORIC Resources Commission or City Council of RESOURCES COMMISSION the City of Santa Ana at, or prior to, the The City of Santa Ana encourages the public hearing. public to participate in the decision- Si tiene preguntas en espanol, favor de making process. We encourage you to Ilamar a Nuvia Ocampo al (714) 667- COPY OF NOTICE contact us prior to the Public Hearing if you have any questions. 2732. Neu can lien lac bang tiding Viet, xin Historic Resources Commission didn thoai cho Tony Lai s6 (714) 565- Action: The Historic Resources 2627. Commission will hold a Public Hearing to 4/26/24 receive public testimony, and will take OR-3807564# action on the item described below. Their decision is final unless appealed to the Notice Type: GPN GOVT PUBLIC NOTICE City Council within 10 days of the decision by any interested party or group. Ad Description Proiect Location: 516 West 191" Street located within the Single Family 516 W 19th St Residential (R1) zoning district. Proiect Applicant: Mona Konstan and Jill Brumett (Property Owners) Proiect Description: Applicants are requesting approval of Historic To the right is a copy of the notice you sent to us for publication in the Resources Commission Application ORANGE COUNTY REPORTER. Thank you for using a Please y g our newspaper. per. ease No. 2024-02, Historic Register read this notice carefully and call us with any corrections. The Proof of Categorization No. 2024-02, and Historic Property Preservation Publication will be filed with the County Clerk, if required, and mailed to you Agreement ano.d at allow the categorization placement and categorization in the after the last date below. Publication date(s) for this notice is (are): Santa Ana Register of Historical Properties as "Key" for the above 04/26/2024 mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this The charge(s) for this order is as follows. An invoice will be sent after the last action is designed to preserve a historic date of publication. If you prepaid this order in full, you will not receive an resource. Categorical Exemption No. ER - 2024-11 will be filed for this project. InVOICe. Meeting Details: This matter will be heard on Wednesday, May 8, 2024, at 4:30 p.m. in the City Council Chambers, Publication $127.05 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join Total $127.05 via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa- ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeCo mments(aD,santa-ana.oro Dail Journal Cor oration (reference the topic in the subject line) or y p mail to Nuvia Ocampo, Recording Serving your legal advertising needs throughout California. Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 comments is 3:30 p.m. on the day of BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 the meeting. Comments received after the deadline may not be distributed to the DAILY COMMERCE, LOS ANGELES (213) 229-5300 Commission but will be made part of the record. LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 Where To Get More Information: Additional details regarding the proposed SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 action(s), including the full text of the SAN JOSE POST -RECORD, SAN JOSE 408 287-4866 ( ) discretionary item, may be found on the City website 72 hours prior to the public THE DAILY RECORDER, SACRAMENTO (916) 444-2355 hearing at: https://santa- ana.primegov.com/public/portal. THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 Who To Contact For Questions: Should you have any questions, please contact THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood@santa-ana.org or 714-647- 5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written III _ ity ounce 16 — 92 8/6/2024 CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA HISTORIC RESOURCES COMMISSION Historic Resources Commission Action: The Historic Resources Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Their decision is final unless appealed to the City Council within 10 days of the decision by any interested party or group. Project Location: 516 West 19t" Street located within the Single Family Residential (R1) zoning district. Project Applicant: Mona Konstan and Jill Brumett (Property Owners) Project Description: Applicants are requesting approval of Historic Resources Commission Application No. 2024-02, Historic Register Categorization No. 2024-02, and Historic Property Preservation Agreement No. 2024-04 to allow the placement and categorization in the Santa Ana Register of Historical Properties as "Key" for the above mentioned property and to execute a Historic Property Preservation Agreement with the City of Santa Ana. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review under Section 15331, Class 31, as this action is designed to preserve a historic resource. Categorical Exemption No. ER-2024-11 will be filed for this project. Meeting Details: This matter will be heard on Wednesday, May 8, 2024, at 4:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in -person or join via Zoom. For the most up to date information on how to participate virtually in this meeting, please visit www.santa-ana.org/pb/meeting-participation. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments(o)-santa-ana.org (reference the topic in the subject line) or mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at: https://santa-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any questions, please contact Andrea Dumovich Heywood with the Planning and Building Agency at Aheywood(a)-santa-ana.org or 714-647-5899. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Historic Resources Commission or City Council of the City of Santa Ana at, or prior to, the public hearing City Council 16 — 93 8/6/2024 Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo al (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 500' RADIUS NOTIFICATION MAP 1 I `v Wit, is 516 Wet 1 6th Street 500-Foot Buffer Map i Al: - c 132Tee! N ,. CouncilCity • •48/6/2024 Police Department www.santa-ana.org/pd Item # 17 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Rotational Towing and Storage Services AGENDA TITLE Second Amendments to Agreements for Rotational Towing and Storage Services RECOMMENDED ACTION Authorize the City Manager to execute second amendments to the agreements with the following contractors to allow two one-year extensions to the term and exercise the first extension option from September 1, 2024 through August 31, 2025, and to increase the compensation fee schedule for rotational towing and storage services: 1. Standard Enterprises, Inc. dba To' and Mo' (Agreement No. A-2024-XXX); 2. Greater Southern California Towing, Inc. (Agreement No. A-2024-XXX); 3. B&D Towing, Inc. (Agreement No. A-2024-XXX); and 4. MetroPro Road Services, Inc. (Agreement No. A-2024-XXX) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Santa Ana Police Department routinely encounters the need to have vehicles towed or stored for a variety of reasons and utilizes private sector partners skilled in the area of towing operations to accomplish this objective. Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police Department employees, owner's request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services, and administrative oversight of vehicles in the custody of the contractor. On April 29, 2021, the City issued Request for Proposals (RFP No. 21-060) for Police Rotational Towing and Storage Services. On August 17, 2021, the City Council approved a three-year agreement with four successful proposers (Standard Enterprises, Inc. dba To' and Mo', Greater Southern California Towing, Inc., B&D Towing, Inc., and MetroPro Road Services, Inc.) to provide these services on a rotational basis. City Council 17-1 8/6/2024 Second Amendments to Agreements for Rotational Towing and Storage Services August 6, 2024 Page 2 RFP No. 21-060 specified the anticipated term of the agreement as an initial three-year period with two additional one-year extension options for a total term not to exceed five years. However, the extension option language was inadvertently excluded in the final agreements approved by the City Council. The Police Department would like to incorporate the extension option by amending the agreements and exercise the first one-year option to extend the agreement through August 31, 2025. The City Storage Vehicle Release fee is approved by the City Council in the Miscellaneous Fee Schedule and is currently $95 for FY 2024-25. Fees for towing services are collected and retained by the tow operators. Those fees are based on fees for towing services surveyed in the County and are compliant with industry standards. The towing contractors are also seeking to adjust the Compensation and Adjustments to the Towing and Storage Fee Schedule per Section 2.e of the original agreements. The 2% increase is justified based on the Consumer Price Index (CPI) and the Producer Price Index (PPI) for Petroleum statistics for the greater metropolitan region. The rate increases range from $1 to $9 by service type. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Storage Vehicle Release fees will be deposited in the General Fund Vehicle Release Charge revenue account (no. account 01114002-53400). Fees for towing services are paid to the tow companies directly for their services. EXHIBIT(S) 1. Second Amendment to Agreement with Standard Enterprises, Inc., dba To' and Mo' 2. Second Amendment to Agreement with Greater Southern California Towing, Inc. 3. Second Amendment to Agreement with B&D Towing, Inc. 4. Second Amendment to Agreement with MetroPro Road Services, Inc. Submitted By: Robert Rodriguez, Acting Police Chief Approved By: Alvaro Nunez, Acting City Manager City Council 17 — 2 8/6/2024 EXHIBIT 1 SECOND AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS SECOND AMENDMENT to the above -referenced agreement is entered into on August 6, 2024, by and between Standard Enterprises, Inc. doing business as To' and Mo' ("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 April 29, 2021, the City issued Request for Proposal No. 21-060 ("RFP") seeking qualified tow companies to provide Police Rotational Towing and Storage Services for the Santa Ana Police Department. To' and Mo' was among the companies selected. The intent of RFP 21- 060 was to have an initial term of three (3) years with the option to extend for two (2) additional one (1) year periods, as indicated in Section II.C.-Implementation of the RFP. The Agreement listed the term of three (3) years, without including the option to extend. The Agreement currently expires on August 31, 2024. The parties wish to amend the Agreement to allow for the option to extend the term for two (2) additional one (1) year periods. B. On August 17, 2021, the parties entered into Agreement NO. ,A-2021-157 ("Agreement"), by which Contractor agreed to provide towing and storage services. C. On May 1, 2023, the Agreement was amended to allow for a two percent (2%) increase of the towing rates. Based on the required statistical information presented to the City, the parties now wish to amend the Agreement again to allow for an additional increase of approximately two percent (2%) of the towing rates, pursuant to Section 2.e. of the Agreement. D. Under Section 2.e.--Adjustments to the Towing and Storage Fee Schedule, the Agreement allows the City to adjust the towing and storage rates in an amount not to exceed two percent (2%) annually based on the most recent statistics: Consumer Price Index ("CPI") and Producer Price Index for Petroleum ("PPI"). Fee adjustments will only be made if justified and may only occur at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. The Parties therefore agree: 1. Section 2, Compensation, is amended to include Exhibits B-3 and B-4 reflecting the rate changes and the CPI data required under section 2,e. Exhibits B-3 and B4 will replace Exhibits B-1 and Exhibit B-2 of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Section 3, Term, is amended to allow two (2) one (1) year extensions. By way of this Second Amendment, the parties are now exercising the first extension of one (1) additional year from September 1, 2024, through August 31, 2025. 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page I of 2 City Council 17 — 3 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above.. ATTEST JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Aak��� TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL Q -�� b `� 14(1140� ROB T RODRIG EZ Acting Chief of Police CITY OF SANTA ANA ALVARO N"EZ Acting City Manager STANDARD ENTERPRISES, INC. DBA TO' and MO' a;A� By: Modesto Sanchiff Title: President/CEO Page 2 of 2 City Council 17 — 4 8/6/2024 EXHIBIT B-3 AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* Service Fee Adjusted Fee (2% rounded Stored Vehicle Release Fee (PD) $95.00 NIA Class A $230.00 $235.00 Class B or Flatbed $281.00 $287.00 Class C $413.00 $421.00 Class D $459.00 $468.00 Dolly, Go -Jacks or Linkage Fee $61.00 $62.00 Rollover or Winching Fee $133.00 $136.00 Clean-up Fee (fee to City capped $61.00 $62.00 at $35.00 per occurrence Hazmat Fee (per five (5) gallon $117.00 $119.00 bucket Vehicle Storage Fees (Daily) Class A - Outside $71.00 $72.00 Class A- Inside $77.00 $79.00 Class B - Outside $82.00 $84.00 Class B - Inside $87.00 $89.00 Class C or Class D - Outside $86.00 $88.00 Class C or Class D - inside $93.00 $95.00 50% of the 50% of the After Hours Release authorized authorized towing char e towing charge 50% of the 50% of the Minimum Service Call or Drop Fee authorized authorized towing charge towing charge As authorized by As authorized by Lien Sale the California Civil the California Civil and Vehicle Codes and Vehicle Codes Mileage (per mile outside the $g 00 corporate city limits) $9.00 * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour. '" City Council 17 - 5 8/6/2024 U.S. BUREAU OF LABOR STATISTICS EXHIBIT B _4 Databases, Tables & Calculators by Subject Speclat Notices 4/25/2024 Change output Options: From: 2023 To: 024 �iarrl �arlt7attil�g Op��' r] include graphs D include annual averages Data extracted on: May 31, 2024 (2:20:58 PM) consumer Price Index for All Urhan Consumers (rPl-U) Series Id: CUUR549ASA0,CUUS349ASAC Not Seasonally Adjusted Series Title: All items in Los Angeles -Long Beach -Anaheim, CA, all urban consumers, not seasonally adjusted Area: Los Angeles -Long Beach -Anaheim, CA Item: All items Base Period: 1982-84=100 Download: W , xl x Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual 14 NAlF2 2023 318.591 317.571 317.873 320.089 320.514 322.055 1 321.931 324.050 324.984 324.545 323.34I 323.456 321583 319.449 323.718 i 2024 326.640 328.232 330.671 332.572 U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue PIE Washington, DC 20212-0001 Telephone:1-202-691-5200- Telecommunications Relay Service:7-1-1_ www.bls,aov Contact U5 City Council 17 — 6 8/6/2024 U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject SPeciat Notices 412512024 Change OutputOptions: From:S More Form include graphs � include annual averages Data extracted on: May 31, 2024 (2:25:28 PM) PPI Commodity Data Series Id: WPU0571 Not Seasonally Adjusted Series Titte: PPI Commodity data for Fuels and related products and power -Gasoline, not seasonally adjusted Group: Fuels and related products and power Item: Gasoline Base Date: 198200 Download: X1:&X Year Jan Feb Mar Apr May Jun Jul Aug Sep l Oct Nov Dec 2023 245 497 258.370 2fi0.843 2$0.259 259.907 262.902 I267934 297.395 296.655 253 441 Z28.402 206,189 2024 215.204(P) 240.706(P) 257.311(P) I 274957(P) 1 1 11-11 P_Preliminary. All indexes are subject to monthly revisions up to four months after original publication U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NF Washington, DC 20212-0001 Telephone:1-202-691-5200_ Telecommunications Relay Servlce:7-1-1_ wmrw.bls.gov Contact Us City Council 17 — 7 8/6/2024 U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject Special Notices 4125.QO24 Change Output Options: From: El, F"" Q 1-1 include graphs ❑include annual averages More Formakkir� Data extracted on: May 31, 2024 (2:26:38 PM) PPI Commodity Data Series Id: WPU057303 Not Seasonally Adjusted Series Title: PPE Commodity data for Fuels and related products and power -No. 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power Item: No, 2 diesel fuel Base Date: 198200 Download: a I X1:Sx Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec _ - --��- �_,.._.._. _- -- - 20a; 449.1" 435.578 406.306 387167 363.260 ` 342 988 i 321199 428.045 446,947 407 772� 393.711 342,052 2024 327.029(P) 353 570(Pj1384.276JPj 39fi.561(P) P : Preliminary. All indexes are subject to monthly revisions up to four months after origin at publication. U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, X 20212-OQpl Telephone;1-202-641-5200_ Telecommunications Relay Service:7-1-1_ www,bls.oav intact Us City Council 17 — 8 8/6/2024 EXHIBIT 2 SECOND AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS SECOND AMENDMENT to the above -referenced agreement is entered into on August 6, 2024, by and between Greater Southern California Towing, Inc. a California corporation doing business as California Tow ("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 April 29, 2021, the City issued Request for Proposal No. 21-060 ("RFP") seeking qualified tow companies to provide Police Rotational Towing and Storage Services for the Santa Ana Police Department. Greater Southern California Towing, Inc was among the companies selected. The intent of RFP 21-060 was to have an initial term of three (3) years with the option to extend for two (2) additional one (1) year periods, as indicated in Section II.C.- Implementation of the RFP. The Agreement listed the term of three (3) years, without including the option to extend. The Agreement currently expires on August 31, 2024. The parties wish to amend the Agreement to allow for the option to extend the term for two (2) additional one (1) year periods. B. On August 17, 2021, the parties entered into Agreement No. A-2021-158 ("Agreement"), by which Contractor agreed to provide towing and storage services. C. On May 1, 2023, the Agreement was amended to allow for a two percent (2%) increase of the towing rates. Based on the required statistical information presented to the City, the parties now wish to amend the Agreement again to allow for an additional increase of approximately two percent (2%) of the towing rates, pursuant to Section 2.e, of the Agreement, D. Under Section 2. e. --Adjustments to the Towing and Storage Fee Schedule, the Agreement allows the City to adjust the towing and storage rates in an amount not to exceed two percent (2%) annually based on the most recent statistics: Consumer Price Index ("CPI") and Producer Price Index for Petroleum ("PPI"). Fee adjustments will only be made if justified and may only occur at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. The Parties therefore agree: 1. Section 2, Compensation, is amended to include Exhibits B-3 and B-4 reflecting the rate changes and the CFI data required under section 2.e. Exhibits B-3 and B-4 will replace Exhibits B-1 and Exhibit B-2 of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Section 3, Term, is amended to allow two (2) one (1) year extensions. By way of this Second Amendment, the parties are now exercising the first extension of one (1) additional year from September 1, 2024, through August 31, 2025. Page 1 of 2 City Council 17 — 9 8/6/2024 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above. ATTEST JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney 1wBy: TAMARA BOGOSIAN Senior Assistant City Attorney FOR APPROVAL ROBVIfT RODRIGtA ActiAekhief of Police CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager GREATER SOUTHERN CALIFORNIA TOWING, INC, BY: Mayraguiz Title: Vice President � u(,--Z- Page 2 of 2 City Council 17 — 10 8/6/2024 EXHIBIT B-3 AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* Service Fee Adiusted Fee (2% rounded Stored Vehicle Release Fee (PD) $95.00 N/A Class A $230.00 $235.00 Class B or Flatbed $281.00 $287.00 Class C $413.00 $421.00 Class D $459.00 $468.00 Dolly, Go -Jacks or Linkage Fee $61.00 $62.00 Rollover or Winching Fee $133.00 $136.00 Clean-up Fee (fee to City capped $61.00 $62.00 at $35.00 per occurrence Hazmat Fee (per five (5) gallon $117,00 $119.00 bucket Vehicle Storage Fees (Daily) Class A — Outside $71.00 $72.00 Class A — Inside $77.00 $79.00 Class B — Outside $82,00 $84.00 Class B — Inside $87.00 $89.00 Class C or Class D — Outside $86.00 $88.00 Class C or Class D — Inside $93.00 $95.00 50% of the 50% of the After Hours Release authorized authorized towingcharge towingcharge 50% of the 50% of the Minimum Service Call or Drop Fee authorized authorized towingcharge towingcharge As authorized by As authorized by Lien Sale the California Civil the California Civil and Vehicle Codes and Vehicle Codes Mileage (per mile outside the corporate city limits) $g 00 $9.00 * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour, City Council 17 —11 8/6/2024 U,5. BUREAU OF LABOR STATISTICS EXHIBIT B-4 Databases, Tables & Calculators by Subject SPeclal Hatices 412512024 Change Output Options: Fro4023 To: 024 1-1 ': include graphs ❑include annual averages More Formatting Optlys Data extracted on: May 31, 2024 (2:20:58 PM) Consumer Price Index far All Urban Consumers {CPI-U) Seriesld: CUUR549ASA0,CUU5S49ASA0 Not Seasonally Adjusted Series Title: All items in Los Angeles -Lung Beach -Anaheim, CA, all urban consumers, not seasonally adjusted Area: Los Angeles -Long Beach -Anaheim, CA Item: All items Base Period: 1982-84-100 Download: [ . XI:sx Year' Jan Feb Mar Oct]Nov F Dec Annual HALF1 U,S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue ME Washington, DC 20212-0001 Telephane:1-202-691-5200 Telecommunications Relay Service:7-1-1_ www.bis.gov Contact Us City Council 17 — 12 8/6/2024 U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject change output Options: From:2023 +2:1] S include graphs 7includeannual averages NlareFofl71akkii� Data extracted on; May 31, 2024 (2:25:28 Phl) PPI Commodity data Series Id: WPU0571 Not Seasonally Adjusted Series Title: PPI Commodity data for Fuels and related products and power -Gasoline, not seasonally adjusted Group: Fuels and related products and power Item: Gasoline Base Bate: 198200 DownloadMm :' E�x Year Jan Feb Mar 2023 245.497 258.370 260,843 2074 215.204(P)I240.706(Pj,257.311(P) Apr May Jun Jul Aug Sep I Oct Nov 280.259 259907 262.902 267.934 297.395 296,655 253.443 208Dec 228.402 .1 89 274.957(P) _ I P: Preliminary. All indexes are subject to monthly revisions up to four months after original publication U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200_ Telecommunications Relay Service:7-1-1- 28Mg.b1s.gav Contact Us _:Spgeial Notices 412512024 City Council 17 — 13 8/6/2024 U.S. BUREAU OF LABOR STATISTICS Databases, Tables & Calculators by Subject Special Notices 4/25/2014 Change Output Options; � From: 2023 To: 824 Hue Form ttiq Qutions includegraphs Dinclude annual averages Data extracted on: May 31, 2024 (2:26:38 PM) PPE Commodity data Seriesld: WPUD57303 Not Seasonally Adjusted Series Title: PPI Commodity data for Fuels and related products and power -No. 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power Item: No. 2 diesel fuel Base Date: 19820D Download:'x Year J Jan �._ Feb I Mar Apr I May I Jun Jul Aug SepI On �_ Nov L.D 2623 449.1691 435.576I 4n6 7n6. iR7 1 r.7 i ]F�. sin any nau 3 7�� inn .tee �.. — . _._ __ 24241 327.029(P) 1 383570(P) 1 384.276(P) 1396.561(P) C f P: Preliminary. All Indexes are subject to monthly revisions up to four months after original publication. U.S. BUREAU OF LABOR STATISTICS Postal square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:l-202-691-5200_ Telecommunications Relay Service:7-1-1_ www.bls.am Contact Us City Council 17 — 14 8/6/2024 EXHIBIT 3 SECOND AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS SECOND AMENDMENT to the above -referenced agreement is entered into on August 6, 2024, by and between B&D Towing, Inc., ("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 April 29, 2021, the City issued Request for Proposal No. 21-060 ("RFP") seeking qualified tow companies to provide Police Rotational Towing and Storage Services for the Santa Ana Police Department. B&D Towing, Inc. was among the companies selected. The intent of RFP 21-060 was to have an initial tern of three (3) years with the option to extend for two (2) additional one (1) year periods, as indicated in Section II.C.-Implementation of the RFP. The Agreement listed the term of three (3) years, without including the option to extend. The Agreement currently expires on August 31, 2024. The parties wish to amend the Agreement to allow for the option to extend the term for two (2) additional one (1) year periods. B. On August 17, 202.1, the parties entered into Agreement No. A-2021-159 ("Agreement"), by which Contractor agreed to provide towing and storage services. C. On May 1, 2023, the Agreement was amended to allow for a two percent (2%) increase of the towing rates. Based on the required statistical information presented to the City, the parties now wish to amend the Agreement again to allow for an additional increase of approximately two percent (2%) of the towing rates, pursuant to Section 2.e, of the Agreement. D. Under Section 2, e. --Adjustments to the Towing and Storage Fee Schedule, the Agreement allows the City to adjust the towing and storage rates in an amount not to exceed two percent (21%) annually based on the most recent statistics: Consumer Price Index ("CPI") and Producer Price Index for Petroleum ("PP1"). Fee adjustments will only be made if justified and may only occur at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. The Parties therefore agree: L Section 2, Compensation, is amended to include Exhibits B-3 and B-4 reflecting the rate changes and the CP1 data required under section 2.e. Exhibits B-3 and B-4 will replace Exhibits B-1 and Exhibit B-2 of the Agreement and act as the current Fee Schedule until such time as a further amendment maybe necessary and/or warranted. 2. Section 3, Term, is amended to allow two (2) one (1) year extensions. Byway of this Second Amendment, the parties are now exercising the first extension of one (1) additional year from September 1, 2024, through August 31, 2025. 3. Except as :modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page 1 of City Council 17 — 15 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above. ATTEST JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney llawk&---� By: TAMARA 80GOSIAN Senior Assistant City Attorney MMENDED FOR APPROVAL U RODRI I EZ Chief of Police CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager B&D TOWING, INC. Page 2 of 2 v. City Council 17 — 16 8/6/2024 EXHIBIT B-3 AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* Service Fee Adjustod Fee (2% robnded) Stored Vehicle Release Fee (PD) $95.00 N/A Class A $230 00 $235.0(-, Class B or Flatbed $28-1 00 $287,00 Class C $413.00 $421.00 Class D $459.00 $468.00 Dolly, Go -Jacks or Linkage Fee $61.00 $62.00 Rollover or Winching Fee $133.00 $136.00 Clean-up Fee (fee to City capped $61.00 $62.00 at $35.00 er occurrence) Hazmat Fee (per five (5) gallon $1 17.00 $119,00 bucket Vehicle Storage Fees (Daily) Class A — Outside $71.00 $72.00 Class A — Inside $77.00 $79.00 Class B — outside $82.00 $84.00 Class B — Inside $87.00 $89.00 Class C or Class D — Outside $86.00 $88.00 Class C or Class D — Inside $93 00 $95.00 50U/c of the 50`3'0 of the After Hours Release authorized authorized towing char e towing charge 5011/6 of the 50% of the Minimum Service Call or Drop Fee authorized authorizes) towing charcle towing charge As authorized by As authorized by the Californla Civil Lien Sale the California Civil and Vehicle and Vehicle Codes Codes Mileage (per mile outside the $9 00 corporate city limits) $9.00 * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour. Santa .gnu Police Departmem ire` ision' 31 ity Council 17 — 17 8/6/2024 '7k U.S. BUREAUOF: LABOR STATISTICS EXHIBIT B-4 Databases, Tables & Calculators by Subject e3Peclal Notices 4/25/2024 Change Output Options: From:2023 To: 024 1-1 include graphs include annual averages More Form a Data extracted on: May 31, 2024 (2:20:58 PM) Consumer Price Index for All Urban Consumers (CPI-U) Series Id: CUUR549ASA0,CUUSS49A5A0 Not Seasonally Adjusted Series Title: All items in Las Angeles -Long Beach -Anaheim, CA, all urban Consumers, not seasonally adjusted Area: Los Angeles -Long Beach -Anaheim, CA Item: All items Base Period: 1982-64=100 Download: X18X Year Jan ! Feb I Mar Apr I May Jun ' Jul Aug Sep Oct 1—Nov Dec (Annual` HALF] � HALFZ 2023 318.59,E 1317.571 317.873I 320.0139 r 320.514 322.055 _ 321.931' 32A.u50 32A 984 324.545 323.341 323.456321,583 i 319_449 323.718 _2024.' M6.640 328.232 330.671 332,572 U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NF Washfngton, DC 20212-0001 Telephone:1-202-b91-5200_ Telecommunications Relay Servlce:7-1-L_ ww_w.hl5, oY ContactUs City Council 17 — 18 8/6/2024 10 U.S. BUREAU OF LABOR STATISTICS , Databases, Tables & Calculators by Subject Speciat Notices 412512024 Change Output Options: Frarn:.2023 To:.024 %ro Forlmkkil�� O�kiol�5 ► include graphs 1-1 Include annual averages i Data extracted on: May 31, 26Z4 (2:25:28 PM; PPI Commodity Data Series Id: WPu0571 Not Seasonally Adjusted Series Title: PPI Commodity data for Fuels and related products and power -Gasoline, notseasonally adjusted Group: Fuels and related products and power Item: Gasoline Base Date: 198200 Download: X0:SX Year Jan Feb Mar _ Aprr May dun Jul Aug Sep L1tt_ NovDet 2023 245.497i_ 258.370 260.843 280.259 259.907 262.90Z 267.934 1297.395 296.655 253.441 228.402 208.189 2024 215.204(P) 240.706(P) 1257.311(P) I 274.957(P) P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:t-202-691-5200- Telecommunications Relay Service:7-1.1_ v+ww.bls.aQv Contag Us City Council 17 — 19 8/6/2024 U.S. BUREAU OF LABOR STATISTLCS . ! R Databases, Tables & Calculators by Subject 061111ciat Notices 412612024 Change Output options: From: 2023 To: 024 More Farlr7attil�g Qtiol� ■► Include graphs include annual averages i Data extracted on: May 31, 2024 12:26:38 PhI} PPI Commodity Data Series Id: WPUD57303 Not Seasonally Adjusted Series Title: PPI Commodity data for Fuels and related products and power -No, 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power Item: No. 2 diesel fuel Base Bate: 198200 Download: xl:sx Yearl Jan_ I Feb Mar Apr May Jun , jul Aug Sep Oct Noe Bet 2023 449.169It 435,578 406.3061 387.167 36 0 342.988 L322.199 428.045 446.947 407'772'393.711 342.052 2024J 327.p {Pjl383.570(P) I 384.276(P) 396.561(P) P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, ❑C 20212-000L Telephone;1-202-691-5200_ Telecommunications Relay Service:7-1-1_ VWmbls,gov Contag Us City Council 17 — 20 8/6/2024 1;1 EXHIBIT 4 SECOND AMENDMENT To SERVICE AGREEMENT FOR ROTATIONAL TOW_ PROVIDER THIS SECOND AMENDMENT to the above -referenced agreement is entered into on August 6, 2024, by and between MetroPro Road Services, Inc., ("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 April 29, 2021, the City issued Request for Proposal No. 21-060 ("RFP") seeking qualified tow companies to provide Police Rotational Towing and Storage Services for the Santa Ana Police Department. MetroPro Road Services, Inc. was among the companies selected. The intent of RFP 21-060 was to have an initial term of three (3) years with the option to extend for two (2) additional one (1) year periods, as indicated in Section II.C.-Implementation of the RFP. The Agreement listed the term of three (3) years, without including the option to extend. The Agreement currently expires on August 31, 2024. The parties wish to amend the Agreement to allow for the option to extend the term for two (2) additional one (1) year periods. B. On August 17, 2021, the parties entered into Agreement No. A-2021-160 ("Agreement"), by which Contractor agreed to provide towing and storage services. C. On May 1, 2023, the Agreement was amended to allow for a two percent (2%) increase of the towing rates. Based on the required statistical information presented to the City, the parties now wish to amend the Agreement again to allow for an additional increase of approximately two percent (21%) of the towing rates, pursuant to Section 2.e. of the Agreement, D. Under Section 2.e.--Adjustments to the Towing and Storage Fee Schedule, the Agreement allows the City to adjust the towing and storage rates in an amount not to exceed two percent (20/6) annually based on the most recent statistics: Consumer Price Index ("CPI") and Producer Price Index for Petroleum CTPI"). Fee adjustments will only be made if justified and may only occur at the sole discretion of the Chief of police based on recommendations from the Traffic Commander. The Parties therefore agree: 1, Section 2, Compensation, is amended to include Exhibits B-3 and B-4 reflecting the rate changes and the CPI data required under section 2.e. Exhibits B-3 and B-4 will replace Exhibits B-1 and Exhibit B-2 of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Section 3, Term, is amended to allow two (2) one (1) year extensions. By way of this Second Amendment, the parties are now exercising the first extension of one (1) additional year from September 1, 2024, through August 31, 2025, 3. Except as modified by this Second Amendment, all terms and conditions of the Agreement shall remain in full force and effect. Page t of City Council 17 — 21 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement on the date and year first written above. ATTEST JENNIFER L. HALL City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney 13 AMARA BOGOSIAN Senior Assistant City Attorney ED FOR APPROVAL e4Lf4 U RODRIUUEZ Chief of Police CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager METROPRO ROAD SERVICES, INC. Page 2 of 2 City Council 17 — 22 8/6/2024 EXHIBIT B-3 AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* Service Fee Adjustod Fee (2% robnded) Stored Vehicle Release Fee (PD) $95.00 N/A Class A $230 00 $235.0(-, Class B or Flatbed $28-1 00 $287,00 Class C $413.00 $421.00 Class D $459.00 $468.00 Dolly, Go -Jacks or Linkage Fee $61.00 $62.00 Rollover or Winching Fee $133.00 $136.00 Clean-up Fee (fee to City capped $61.00 $62.00 at $35.00 per occurrence) Hazmat Fee (per five (5) gallon $1 17.00 $119,00 bucket Vehicle Storage Fees (Daily) Class A — Outside $71.00 $72.00 Class A — Inside $77.00 $79.00 Class B — outside $82.00 $84.00 Class B — Inside $87.00 $89.00 Class C of Class D — Outside $86.00 $88.00 Class C or Class D — Inside $93 00 $95.00 50U/c of the 50`3'0 of the After Hours Release authorized authorized towing char e towing charge 5011/6 of the 50% of the Minimum Service Call or Drop Fee authorized authorizes) towing charcle towing charge As authorized by As authorized by the Californla Civil Lien Sale the California Civil and Vehicle and Vehicle Codes Codes Mileage (per mile outside the $9 00 corporate city limits) 19.00 * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour, Santa .gnu Police Departmem ire` ision' 31 ity Council 17 — 23 8/6/2024 '7k U.S. BUREAUOF: LABOR STATISTICS EXHIBIT B-4 Databases, Tables & Calculators by Subject e3Peclal Notices 4/25/2024 Change Output Options: From:2023 To: 024 1-1 include graphs include annual averages More Form a Data extracted on: May 31, 2024 (2:20:58 PM) Consumer Price Index for All Urban Consumers (CPI-U) Series Id: CUUR549ASA0,CUUSS49A5A0 Not Seasonally Adjusted Series Title: All items in Las Angeles -Long Beach -Anaheim, CA, all urban Consumers, not seasonally adjusted Area: Los Angeles -Long Beach -Anaheim, CA Item: All items Base Period: 1982-64=100 Download: X18X Year Jan ! Feb I Mar Apr I May Jun ' Jul Aug Sep Oct 1—Nov Dec (Annual` HALF] � HALFZ 2023 318.59,E 1317.571 317.873I 320.0139 r 320.514 322.055 _ 321.931' 32A.u50 32A 984 324.545 323.341 323.456321,583 i 319_449 323.718 _2024.' M6.640 328.232 330.671 332,572 U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NF Washfngton, DC 20212-0001 Telephone:1-202-b91-5200_ Telecommunications Relay Servlce:7-1-L_ ww_w.hl5, oY ContactUs City Council 17 — 24 8/6/2024 10 U.S. BUREAU OF LABOR STATISTICS , Databases, Tables & Calculators by Subject Speciat Notices 412512024 Change Output Options: Frarn:.2023 To:.024 %ro Forlmkkil�� O�kiol�5 ► include graphs 1-1 Include annual averages i Data extracted on: May 31, 26Z4 (2:25:28 PM; PPI Commodity Data Series Id: WPu0571 Not Seasonally Adjusted Series Title: PPI Commodity data for Fuels and related products and power -Gasoline, notseasonally adjusted Group: Fuels and related products and power Item: Gasoline Base Date: 198200 Download: X0:SX Year Jan Feb Mar _ Aprr May dun Jul Aug Sep L1tt_ NovDet 2023 245.497i_ 258.370 260.843 280.259 259.907 262.90Z 267.934 1297.395 296.655 253.441 228.402 208.189 2024 215.204(P) 240.706(P) 1257.311(P) I 274.957(P) P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:t-202-691-5200- Telecommunications Relay Service:7-1.1_ v+ww.bls.aQv Contag Us City Council 17 — 25 8/6/2024 U.S. BUREAU OF LABOR STATISTLCS . ! R Databases, Tables & Calculators by Subject 061111ciat Notices 412612024 Change Output options: From: 2023 To: 024 More Farlr7attil�g Qtiol� ■► Include graphs include annual averages i Data extracted on: May 31, 2024 12:26:38 PhI} PPI Commodity Data Series Id: WPUD57303 Not Seasonally Adjusted Series Title: PPI Commodity data for Fuels and related products and power -No, 2 diesel fuel, not seasonally adjusted Group: Fuels and related products and power Item: No. 2 diesel fuel Base Bate: 198200 Download: xl:sx Yearl Jan_ I Feb Mar Apr May Jun , jul Aug Sep Oct Noe Bet 2023 449.169It 435,578 406.3061 387.167 36 0 342.988 L322.199 428.045 446.947 407'772'393.711 342.052 2024J 327.p {Pjl383.570(P) I 384.276(P) 396.561(P) P : Preliminary. All indexes are subject to monthly revisions up to four months after original publication. U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, ❑C 20212-000L Telephone;1-202-691-5200_ Telecommunications Relay Service:7-1-1_ VWmbls,gov Contag Us City Council 17 — 26 8/6/2024 1;1 Public Works Agency and Library www.santa-ana.org/public-works Item # 18 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Main Library Renovation Project AGENDA TITLE Appropriation Adjustment and Construction Contract to PCL Construction Services, Inc. for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528) (Revive Santa Ana) (General Fund and Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $1,235,145 of prior -year fund balance in the CATV Fund, Prior Year Carry Forward revenue account and appropriating the same amount to the CATV Fund, Buildings & Building Improvements expenditure account. (Requires five affirmative votes.) 2. Authorize a budget reallocation of $1,401,776 in unspent funds from the Newhope Improvements Project (No. 22-1802) to construction funds for the Main Library Renovation Project (Project No. 22-1380, 24-7531, 25-7528). 3. Approve an amendment to the Fiscal Year 2024-2025 Capital Improvement Program to include $1,235,145 in construction funds for the Main Library Renovation Project (No. 22-1380). 4. Approve the Project Cost Analysis for a total estimated construction delivery cost of $23,927,519, which includes $19,353,442 for the construction contract, $316,320 for contract administration, inspection, and testing, and a $4,257,757 project contingency for unanticipated or unforeseen work, due to the complexity and extensive scope of this project. 5. Award a construction contract to PCL Construction Services, Inc., the lowest responsible bidder, in accordance with the base bid and bid alternates in the amount of $19,353,442, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Main Library Renovation Project, for a term beginning August 6, 2024, and ending upon project completion, and authorize the City Manager to execute the contract. 6. Determine that, pursuant to the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section City Council 18 — 1 8/6/2024 Main Library Renovation Project August 6, 2024 Page 2 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-30 was filed for Project 22-1380 on April 17 2024. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The Santa Ana Public Library was allocated American Rescue Plan Act (ARPA) funding to advance educational equity and support for impoverished and underserved Santa Ana communities within qualified census tract areas. This project meets the intent of the funding source by enhancing the Library's physical, digital, and technological environment that will expand access and provide free innovative and interactive spaces for children, teens, and their families. The scope of work includes site work for surface parking, site utility improvements, entrance walkways, pedestrian lighting, renovation of exterior public spaces, site furnishings, irrigation, and landscaping. The Main Library building consists of 39,790 square feet and has two floors and a below -grade basement. Additional improvements will include the following: • Hazardous material removal • Demolition, repair, and restoration of exterior marble fagade • An accessible elevator • Repair and revitalization of north facing windows • Full historic restoration of interior spaces • Mechanical, plumbing, and electrical improvements • Low -voltage systems • Communications equipment • Electrical security To accommodate community needs, the upgraded facility will also include new book drop locations, bookmobile parking, shared public spaces such as Science, Technology, Engineering, and Mathematics (STEM) learning areas, a large community room equipped for public meetings, and a new Santa Ana History Room. The Public Works Agency's Engineering Services Division (PWA) is responsible for the administration and oversight of all Capital Improvement Projects in the City. For the Main Library Renovation Project (Project), construction will be led and administered by PWA, who will ensure that the contractor complies with requirements, plans, and specifications of the project. City Council 18 — 2 8/6/2024 Main Library Renovation Project August 6, 2024 Page 3 Public Outreach and Contractor Participation The City notified nine pre -qualified vendors via PlanetBids through RFQ #24-031A. Furthermore, staff specifically reached out to those vendors to encourage their participation in bids. A total of five bids were received. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on May 6, 2024 and May 13, 2024. The project was also advertised in PlanetBids from May 1, 2024 through June 18, 2024. Bids were received electronically via PlanetBids on June 18, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summ Rank Bidder's Name Location Base Bid + Alternates 1 PCL Construction Services, Inc. Irvine, CA $19,353,442 2 S.J. Amoroso Construction Co., LLC Costa Mesa, CA $20,702,000 3 Pinner Construction Co., Inc. Anaheim, CA $22,388,000 4 ProWest PCM, Inc. Wildomar, CA $22,481,742 5 2H Construction Signal Hill, CA $22,708,700 A total of five bids were received and all were deemed responsive. PCL Construction Services, Inc. submitted the lowest responsive base bid and bid alternates in the amount of $19,353,442 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the Base Bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to PCL Construction Services, Inc. (Exhibit 4). PCL Construction Services, Inc. has not previously performed work as a prime contractor in the City of Santa Ana within the last five years. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration includes implementation of the labor requirements; and oversight of the Library's construction management firm, Griffin Structures, who will provide day-to-day construction management services, inspections, and materials testing. As indicated in the Cost Analysis (Exhibit 4) and as summarized City Council 18-3 8/6/2024 Main Library Renovation Project August 6, 2024 Page 4 in the table below, the estimated total construction delivery cost of the project is $23,927,519. Project Item Total Construction Contract Bid Amount $19,353,442 Construction Administration $316,320 Project Contingencies $4,257,757 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $23,927,519 CATV Fund Appropriation Adjustment Included in the project is the construction of a new large community meeting room equipped for publicly broadcasted meetings and technology -driven Library programs. Facilities will be used in support of public, educational, and governmental activities, which is an appropriate use of CATV PEG funds. An appropriation adjustment is needed to recognize $1,235,145 of prior year fund balance in the CATV Fund for this portion of the project. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA), the recommended actions are exempt from further review pursuant to Section 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. The proposed project continues to meet these parameters of the CEQA Guidelines, and Categorical Exemption Environmental Review No. ER-2024-30 was filed for project 22-1380 on April 17, 2024. FISCAL IMPACT With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the CATV Fund, Buildings & Building Improvements expenditure account (No. 02103010-66200). The spendable portion of the fund balance is estimated to be $2,194,396.10 at June 30, 2024, which is sufficient to allow for the recommended appropriation of $1,235,145. As indicated in the Cost Analysis, the estimated total construction delivery cost of the project (22-1380) is $23,927,519, which includes construction, contract administration, inspection, testing, and authorized contingencies of $4,257,757. Funding within Funds 181, 152, 011, 012, and 135 will be presented to the City Council for approval of carry - forward to FY 2024-25 as part of the citywide carryforward process. Additional proposed carry-overs of unspent funds to future fiscal years will be presented to the City Council for approval. The proposed contract enables staff to authorize a construction cost increase of up to 25% if necessary for contingencies. On December 20, 2022, the City Council approved a California State Library Building Forward Grant for the Main Library Renovation Project. The Library has received the City Council 18 — 4 8/6/2024 Main Library Renovation Project August 6, 2024 Page 5 first grant payment and can submit claims for the remaining revenue in the amount of $4,664,986 once the project is moving forward. The following table summarizes the funds budgeted for expenditure to deliver the construction of this project: Fiscal Accounting Unit - Account No. Fund Accounting Unit, Account Amount Year Project No. Description No. Description Existing Budget to CarryForward to FY 24-25 18111013-66200 American ARPA — LIBRARY, 2024-25 (22-1380) Rescue Plan Buildings & Building $10,177,086 Act ARPA Improvements 15211154-66200 Public Library Building Forward Library 2024-25 (22-1380) Grant Fund Grant, Buildings & Building $3,686,759 Improvements 01111017-66200 Library — Service 2024-25 (22-1380) General Fund Enhancement— Buildings & $1,761,530 Building & Improvements CDBG Programs, 13518783-66200 Community Buildings & Building & 2024-25 (24-7531) Development Improvements $300,237 Block Grant Proj: Parking Lot Main Library Community CDBG Programs, 2024-25 13518783-66200 Development Buildings & Building & $700,000 (25-7528) Block Grant Improvements Proj: Main Lib Windows 01211020-66200 Cannabis Library Youth Services, 2024-25 (From Proj. 22- Public Benefit Buildings & Building 1,401,776 1802 to 22-1380) Fund Improvements Appropriation Adjustment CATV Capital Support 2024-25 02103010-66200 CATV Fund (PEG), Buildings & $1,235,145 Building & Improvements Future Grant Revenue to be Dispersed 15211154-69011 Public Library Building Forward Library 2024-25 (22-1380) Grant Fund Grant, Reserve $4,664,986 Appropriation TOTAL $23,927,519 City Council 18 — 5 8/6/2024 Main Library Renovation Project August 6, 2024 Page 6 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 5. FY 2023-24 Capital Improvement Program Sheet Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Brian Sternberg, Executive Director — Library Approved By: Alvaro Nunez, Acting City Manager City Council 18 — 6 8/6/2024 EXHIBIT 2 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 22-1380 MAIN LIBRARY RENOVATION PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: PCL Construction Services Inc. REQUIREMENT: ADDENDUM NO. 3 PROJECT NO. 22-1380 The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Santa Ana Main Library Renovation 1 LS $ S Project 17, 708, 372 17, 708, 372 2 Project Advertisement Sign I EA $ 3,270 $ 3,270 3 As -Built Plans 1 LS $ 2,500 S 2,500 4 Hazardous Material Abatement* 1 LS $ 152,667 $ 152,667 5 Construction Permit 1 LS $45,700 $44g$ 0 6 Stormwater Pollution Prevention Plan 1 LS $ 94,928 S 94,928 (SWPPP) - Risk Level 2 7 Elevator Refurbishment Allowance 1 LS ALLOWANCE $1.25,000 1-, TOTAL BASE BID $ 18,132,437 Item Description Qty Unit Unit Price Amount Bid Add- Basement Lightwell and Skylights 1 LS $ S Alternate 1 905,051 905,051 Bid Add- South Trellis 1 LS $ S Alternate 2 199,483 199,483 Bid Add- Relocate (3) Palm Trees 1 LS $ 116,471 $ 116,471 Alternate 3 City Council 18 — 8 8/6/2024 CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 22-1380 MAIN LIBRARY RENOVATION PROJECT 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 7-3.5 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. This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number (382) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (i.e. marble facade material, pedestrian lighting). Work shall be completed by March 10, 2026. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $8,940 per calendar day. Name of Firm PCL Construction Services Inc. Signature of BIDDER,�(/'�» c� Title Area Manager (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 2 18 — 9 8/6/2024 CITY OF SANTA ANA CONSTRUCTION CONTRACT PROJECT 22-1308 MAIN LIBRARY RENOVATION PROJECT This CONSTRUCTION CONTRACT is made and entered into this 61' day of August, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and PCL Construction Services, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Main Library Renovation 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 Nineteen Million Three Hundred Fifty Three Thousand Four Hundred Forty Two Dollars and No Cents ($19,353,442.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any City Council 18 — 10 8/6/2024 Page 1 of 4 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.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; City Council 18 —11 8/6/2024 Page 2 of 4 (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL PROVISIONS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub -recipients including, without limitation, the funding requirements laid out in Appendix J of the Contract Documents. Contractor's attention is specifically directed to the following, which are each incorporated herein by this reference: (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii) Program Income — 24 CFR Part 570.500(a)(1) (iii) Unused Program Income — 24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income — 24 CFR Part 570.504(b)(2) (v) Disposition of Program Income — 24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements — 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements as specified herein. (ix) Federal Contract Provisions as specified herein. With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis -Bacon Act. The federal minimum wage rates are attached to Appendix P of the Contract Documents. When the Davis -Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. City Council 18 — 12 8/6/2024 Page 3 of 4 ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �� n �� J SE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba B-,, yysgnea�yNabl'Saba NABIL, SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager CONTRACTOR: PCL Construction Services, Inc. 41, � %71.1- NAME: Thai Nguyen TITLE: District Manager City Council 18 — 13 8/6/2024 Page 4 of 4 EXHIBIT A CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.: 22-1380 MAIN LIBRARY RENOVATION PROJECT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: PCL Construction Services Inc. REQUIREMENT: ADDENDUM NO. 3 PROJECT NO. 22-1380 The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Santa Ana Main Library Renovation 1 LS $ S Project 17, 708, 372 17, 708, 372 2 Project Advertisement Sign I EA $ 3,270 $ 3,270 3 As -Built Plans 1 LS $ 2,500 $ 2,500 4 Hazardous Material Abatement* 1 LS $ 152,667 $ 152,667 5 Construction Permit 1 LS $45,700 $44g$ 0 6 Stormwater Pollution Prevention Plan 1 LS $ 94,928 S 94,928 (SWPPP) - Risk Level 2 7 Elevator Refurbishment Allowance 1 LS ALLOWANCE $125,000 125,000 TOTAL BASE BID $ 18,132,437 Item Description Qty Unit Unit Price Amount Bid Add- Basement Lightwell and Skylights 1 LS $ $ Alternate 1 905,051 905,051 Bid Add- South Trellis 1 LS $ S Alternate 2 199,483 199,483 Bid Add- Relocate (3) Palm Trees 1 LS $ 116,471 $ 116,471 Alternate 3 City Council 1 18 — 14 8/6/2024 EXHIBIT A CITY OF SANTA ANA SPECIFICATIONS PROJECT NO.. 22-13 SO MAIN LIBRARY RENOVATION PROJECT 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 7-3.5 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number(382) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (i.e. marble facade material, pedestrian lighting). Work shall be completed by March 10, 2026. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $8,940 per calendar day. Name of Firm PCL Construction Services Inc. Signature of BIDDER N Title Area Manager (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) City Council 18 — 15 8/6/2024 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 22-1380: Main Library Renovation Project Construction Contract $ 19,353,442.00 Contract Administration, Inspection and Testing $ 316,320.00 Contingencies $ 4,257,757.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 23,927,519.00 City Council 18 — 16 8/6/2024 ai co U � N � '1 Q O � Q cO LU p LU H U w� wa J ca OO a� aC) �Z a Z O U O M M LLLL LLLL M i M i i i i i N N LLLL LLLL co N co N L}L L}L N i N i i i i i N N LLLL LLLL N N co N co N LLLL L}L N CO N LO N LO N LLLL LLLL Lo O Q1 b Lo N I- O M M N I.- n N M V O O L0 n LL d1 O) LL N O M M ai M N Cl) N M 00 M N Q Q O O ~ CO z ~ C0 0 � ? (� O LL N O '6 N -O of F- O W C C iT O J co J Lu 2 U ii ii 0-af c) i u5 % Q (D W J w U O U Q U 0 d d CO 0 LU 0 H U 24 Z i w 0 Q J N O N O co r co r �� N O N co W Public Works Agency www.santa-ana.org/public-works Item # 19 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Traffic Signal Modification at Warner Avenue and Wright Street AGENDA TITLE Construction Contract to Elecnor Belco Electric, Inc. for the Traffic Signal Modification at Warner Avenue and Wright Street Project and Appropriation Adjustment (Project No. 23-7539) (Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $197,335 of prior -year fund balance in the Transportation System Improvement Authorization Area B Tustin fund, Prior Year Carry Forward revenue account and appropriate to the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account. (Requires five affirmative votes.) 2. Award a construction contract to Elecnor Belco Electric, Inc., the lowest responsible bidder, in accordance with the base bid and alternate bid items in the amount of $562,868, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for construction of the Traffic Signal Modification at Warner Avenue and Wright Street for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. 3. Approve the Project Cost Analysis for a total estimated construction delivery cost of $703,585, which includes $562,868 for the construction contract, $84,430 for contract administration, inspection, and testing, and a $56,287 project contingency for unanticipated or unforeseen work. 4. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $197,335 in construction funding from the Transportation System Improvement Authorization Area B fund for the Traffic Signal Modification at Warner Avenue and Wright Street project. 5. Determine that, in accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-35 was filed for the project 23-7539. City Council 19 — 1 8/6/2024 Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024 Page 2 GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The City of Santa Ana's Public Works Agency (PWA) is responsible for the implementation and maintenance of transportation safety improvements throughout the City. PWA was successful in receiving $506,250 in Community Development Block Grant (CDBG) funds for the active transportation safety improvements at the intersection of Warner Avenue and Wright Street (Exhibit 1). The improvements will include installation of new left turn arrows to separate the turning vehicle movements from pedestrians and bicyclists eliminating the potential for conflict. Additionally, high visibility crosswalks and audible pedestrian signals will be installed to enhance visibility of crossing pedestrians and bicyclists at the intersection. These project improvements are proven to reduce vehicular and pedestrian involved collisions which will enhance the safety of pedestrians and motorists when traversing this intersection. The scope of work includes installation of traffic signal poles, conduit, wiring, fiber optic cable, video detection system, signage, and striping. Staff is requesting City Council approval for the appropriation adjustment of $197,335 to complete the total project funding requirement. Upon approval of the requested appropriation adjustment, the total funds available for construction will be $703,585, which is composed of $506,250 in grant funding and $197,335 in Transportation System Improvement Authorization Area B Tustin funding. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 39 regional vendors via PlanetBids, many of which are Santa Ana based. A total of five bids were received. No bids were received from any Santa Ana contractors. As legally required, a Notice Inviting Bids was advertised in the Orange County Register newspaper on April 15, 2024 and April 22, 2024. The project was also advertised in PlanetBids on April 12, 2024. Bids were received electronically via PlanetBids on May 06, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summary Rank Bidder's Name Location Base Bid + Add Alternate Bid 1 Elecnor Belco Electric, Inc. Chino, CA $562,868 2 Select Electric, Inc Vista, CA $603,970 3 Asplundh Construction, LLC Buena Park, CA $632,715 F4— International Line Builders Inc. Corona, CA $720,181 City Council 19 — 2 8/6/2024 Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024 Page 3 Base Bid + Add Rank Bidder's Name Location Alternate Bid 5 Crosstown Electrical & Data, Irwindale, CA $759,981 Inc. A total of five bids were received and all were deemed responsive. Elecnor Belco Electric, Inc. submitted the lowest responsive bid in the amount of $562,868 (Exhibit 2). As specified in the bid documents, the lowest bid shall be determined on the basis of the base bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Elecnor Belco Electric, Inc. in the amount of the base bid and alternate bid totaling $562,868 (Exhibit 3). Elecnor Belco Electric, Inc. has previously performed work as a prime contractor in the City of Santa Ana within the last five years, most recently completing Bristol Street and Santa Clara Avenue Traffic Signal Installation. A reference check was made with staff and good reviews were received regarding the quality of work performed by the contractor on previous projects. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements. 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 $703,585. Project Item Total Construction Contract Bid Amount $562,868 Construction Administration, Inspection, Testing $84,430 Project Contingencies $56,287 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $703,585 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER- 2024-35 was filed for the project 23-7539. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $703,585, which includes construction, contract administration, inspection, and testing, and authorized contingencies of $56,287. City Council 19 — 3 8/6/2024 Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024 Page 4 With the approval of the requested appropriation adjustment, a portion of the accumulated fund balance will be appropriated for spending in the Transportation System Improvement Authorization Area B Tustin, Improvements Other Than Buildings expenditure account (No. 99217950-66220). The spendable portion of the fund balance is estimated to be $8,523,619 at June 30, 2024, which is sufficient to allow for the recommended appropriation of $197,335. The funds will be budgeted and available for this item in the accounts below. Project No. 23-7539 is the number assigned to the funding for tracking of all expenditures to deliver the construction of this project. A proposed carryover of FY 2023-24 unspent funds in Project No. 23-7539 will be presented to City Council for approval of this contract. Upon approval, funds will be available for this expenditure in Fiscal Year 2024-25 Capital Improvement Program (Exhibit 5). Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carryovers to Fiscal Year 2025-26. The proposed contract enables staff to authorize a construction cost increase of up to 25%, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project. If there are no other available appropriations, staff will return to City Council with a project update and recommendations. The following table summarizes the funds budgeted for expenditure to deliver construction of this project. Fiscal Accounting Unit - Fund Accounting Unit, Year Account No. Description Account No. Amount project No. Description Original Budget 13518783-66220 CDBG Programs, 2024-25 (23-7539) CDBG Improvements Other $506,250 Than Buildings Appropriation Adjustment Tran Sys Tran Sys Imp Aut Area 2024-25 99217950-66220 Imp Aut Area B Tustin, Improvements $197,335 23-7539 B Other Than Buildings Total $703,585 EXHIBIT(S) 1. Location Map 2. Bid Proposal 3. Construction Contract City Council 19 — 4 8/6/2024 Traffic Signal Modification at Warner Avenue and Wright Street August 6, 2024 Page 5 4. Cost Analysis 5. FY 2024-25 Capital Improvement Program Project Sheet Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, Acting City Manager City Council 19 — 5 8/6/2024 EXHIBIT 1 SANTAANA Project No. 23-7539: N ORA-r,0 ` ir P: Traffic Signal Modification at Warner Avenue and o x WA Wright Street PUBLICWORKS AGENCY Neighborhood Location Map City Council 19 — 6 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Elecnor Belco Electric, 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 1 Traffic Signal Modification at Warner Ave and Wright St 1 LS $ 1 100D- $ IS1 1 000- 2 Install Video Detection System at Warner Ave and Wright St 1 EA S T 1 ~ Ear $�I rw 10 3 Temporary Overhead Wiring at Warner Ave and Wright St Install 2" PVC Conduit 1 LS $ 61t �� 4 $ q ( 4 4 100 LF $ _ $ f J 5 * Install 3" PVC Conduit 1500 500 LF LF $ TO-." $ 1 1 $ I $ _ So0 6 * Install 4" PVC Conduit 7 1 No. 6 Pull Box 7 EA $ i $ �1 8 No. 6E Pull Box 6 EA $ $ 21 , S ' L V 9 IP Communication System at Warner Ave and Wright1 t St 1 LS $ �� t b $ I 10 IP Communication System at Warner Ave and Pullman St 1 LS $ 11 I /� 1 b' $ �/} 111 A b^ 11 Install 12 Strand SMFO Cable 100 LF $ Z.Zo $ 22O 12 *Install 24 Strand SMFO Cable 2200 LF $ ^ .� � $ 13 *Install 96 Strand SMFO Cable 1300 LF 1 $ $�j '"" , 2CO— City Council P-1 ofP-199 - 7 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) Item Description Qty Unit Unit Price Amount 14 Fusion Splice Strands of SWO 60 EA $ 4 j $ 15 Fiber Optic Splice Enclosure 2 EA $ 1 �S2b' $ i 16 Signing and Striping 1 LS $ 1n `1 tT - "l �J $ �� 1 17 Pothole Pole Locations for Utility Conflicts 3 EA $� $ 18 Pothole Utilities Not Shown on Plan 5 EA $ $ 19 *PCC Curb Ramp 900 SF $ (Di $ 1120�_ 20 Project Advertising Sign(s) 2 EA $ 111 $ G 21 Construction Permit 1�LS $5,200 $ C;!( 10W r City Council p-2 of P-199 — 8 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) TOTAL BASE BID -BID ITEMS 1-21 $ ?(01 :1 1 ADD ALTERNATE BID Item Description Qty Unit Unit Price Amount 22 Install APS System at Warner Ave and Wright St 1 EA $ 14, w -- $ 23 Install GTT Opticom GPS EVP at Warner Ave and Wright St 1 EA $ 1-1 $ ' 1(� TOTAL ADD ALTERNATE - BID ITEMS 22-23 Fs� � 1 5 11 aw-* 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 7-3.5 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. f This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within SIXTY (60) worki!lg days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (i.e. Traffic Signal Poles). The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,600 per calendar day. Name of Firm Elecnor Belco Electric, Inc. Signature of BIDDER Title Vice President , John Wong (If an individual, so sta 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.) Alberto Garcia de Los Angeles / President John Wong / Vice President Jeroni Gervilla / Chief Financial Officer Roger DeVito / Secretary City Council 19 — 9 8/6/2024 P-3 of P-19 EXHIBIT 3 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) This CONSTRUCTION CONTRACT is made and entered into this 301h day of July, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Elecnor Belco Electric, Inc. (hereinafter "CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Traffic Signal Modification at Warner Avenue and Wright 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. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Five Hundred Sixty Two Thousand Eight Hundred Sixty Eight Dollars and No Cents ($562,868.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. City Council 1 of 4 19 — 10 8/6/2024 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) 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. 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: https://www.santa-ana.org/documents/community-workforce-agreement/ 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. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; City Council 2 of 4 19 —11 8/6/2024 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. 11. FEDERAL FUNDING REQUIREMENTS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub -recipients including, without limitation, the funding requirements laid out in Appendix H of the Contract Documents. Contractor's attention is specifically directed to the following, which are each incorporated herein by this reference: (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii) Program Income — 24 CFR Part 570.500(a)(1) (iii) Unused Program Income — 24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income — 24 CFR Part 570.504(b)(2) (v) Disposition of Program Income — 24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements — 24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) Section 3 Requirements specified herein. (ix) Federal Contract Provisions specified herein. With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis -Bacon Act. The federal minimum wage rates are attached to Appendix J of the Contract Documents. When the Davis -Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement outlined in Appendix I of the Contract Documents. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. [Signatures on the following page] City Council 19 — 12 3 of 4 8/6/2024 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMENT PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: �o�t.e. r OL JOYE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: C Digitally signed by Nabil Sa N d b i I S a b a Dabte: 2024.07.15 13:25:12 -07'00' NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO NUNEZ Acting City Manager CONTRACTOR: Elecnor Belco Elec *c Inc. N erto arcia >tle: President/CEO City Council 19 — 13 4 of 4 8/6/2024 CITY OF SANTA ANA EXHIBIT A PROPOSAL PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Elecnor Belco Electric, 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 1 Traffic Signal Modification at Warner Ave Wright St 1 LS $ ��' ��� $ �I l Door 2 Install Video Detection System at Warner Ave and Wright St 1 1 100 EA LS LF $ � 1 �� $ $ _ $ ��/ �lJ $ $ f J 3 Temporary Overhead Wiring at Warner Ave and Wright St 4 Install2" PVC Conduit 5 * Install 3" PVC Conduit 1500 LF $ To_." $ 1 4 �UV / I 6 * Install 4" PVC Conduit 500 LF $ 1 1 $ _ So0 7 No. 6 Pull Box 7 EA $ i 10�i3� $ 8 No. 6E Pull Box 6 EA $ $ ^ 1 , C 114110 9 IP Communication System at Warner Ave and Wright1 t St 1 LS $ �� t b $ 1 I 10 IP Communication System at Warner Ave and Pullman St 1 LS $ 11 I /� 1 b' $ �/} 1 11 A b^ 11 Install 12 Strand SMFO Cable 100 LF $ Z.Zo $ 220 12 *Install 24 Strand SMFO Cable 2200 LF $ ^ .� $ h�o 13 *Install 96 Strand SMFO Cable 1300 LF $ $ d5l 2 ` 0 City Council P-1 ofP-119 — 14 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) Item Description Qty Unit Unit Price Amount 14 Fusion Splice Strands of SWO 60 EA $ 4 j $ 2 110"1 15 Fiber Optic Splice Enclosure 2 EA $ 1 $ 16 Signing and Striping 1 LS $ kc l �J $ 17 Pothole Pole Locations for Utility Conflicts 3 EA $ OJo — $ 18 Pothole Utilities Not Shown on Plan 5 EA $ sJCC b-- * $ �(ZSVr 19 *PCC Curb Ramp 900 SF $ 0D -� $ W120�_ 20 Project Advertising Sign(s) 2 EA $ 111 $ 21 Construction Permit 1 LS $5,200 $ City Council p-2 of P-19 — 15 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 23-7539 TRAFFIC SIGNAL MODIFICATION AT WARNER AVENUE AND WRIGHT STREET (CDBG) TOTAL BASE BID -BID ITEMS 1-21 $ ADD ALTERNATE BID Item Description Qty Unit Unit Price Amount 22 Install APS System at Warner Ave and Wright St- 1 EA $ $ 23 Install GTT Opticom GPS EVP at Warner Ave and Wright St 1 EA $ $ ' TOTAL ADD ALTERNATE - BID ITEMS 22-23 $ 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 7-3.5 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. f This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within SIXTY (60) working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items (i.e. Traffic Signal Poles). The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,600 per calendar day. Name of Firm Elecnor Belco Electric, Inc. Signature of BIDDER Title Vice President , John Wong (If an individual, so sta or co -partnership, state the fine 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.) Alberto Garcia de Los Angeles / President John Wong / Vice President Jeroni Gervilla / Chief Financial Officer Roger DeVito / Secretary City Council 19 — 16 8/6/2024 P-3 of P-19 EXHIBIT 4 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 23-7539: Traffic Signal Modification at Warner Avenue and Wright Street Construction Contract $ 562,868.00 Contract Administration, Inspection and Testing $ 84,430.20 Contingencies $ 56,286.80 TOTAL ESTIMATED CONSTRUCTION COSTS $ 703,585.00 City Council 19 — 17 8/6/2024 Lf) m W W W CO a VO N N 0 } W QO ZCL Qa Z W N W Om IL H� V J H IL V a) ° �C Q co a)� O CM� � Hca°ic W �= ~aa W al O.� O�� I< - a Z O V 0 O r N co CM 00 r N CM ti LL ti a r N f0 CM m r N LL9 CM In r N a N LL .T r N CM LL Cl) O Ocm O N P,-� L N N (0 Cl) O LL I LL) O c rn U L U IL O a r N co cm CO r N cm ti LL ti a r N f0 cm m r N Ln cm In r N a N LL a � r N Cl) cm N a In C, N N N w 0} LO In LL N O N co LO Cl) co r �, Public Works Agency www.santa-ana.org/public-works Item # 20 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Santa Ana Regional Transportation Center Fountain Renovation AGENDA TITLE Construction Contract to Cabifornia, Inc. for the Santa Ana Regional Transportation Center Fountain Renovation (Project No. 24-6058) (General Fund and Non -General Fund) RECOMMENDED ACTION 1. Approve an amendment to the FY 2024-25 Capital Improvement Program to include $587,250 in construction funding approved in FY 2023-24 from the Clean California Local Grants Program through the California Department of Transportation. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $587,250 which includes $435,000 for the construction contract, $65,250 for contract administration, inspection, and testing, and a $87,000 project contingency for unanticipated or unforeseen work. 3. Award a construction contract to Cabifornia, Inc. in accordance with the base bid in the amount of $435,000, subject to change orders (not to exceed 25% of the base bid amount) in accordance with the Greenbook: Standard Specifications for Public Works Construction, for the fountain replacement of the Santa Ana Regional Transportation Center for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager to execute the contract. 4. Determine that, pursuant to the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2024-58 was filed for project 24-6058. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION In September 1985, the Santa Ana Regional Transportation Center (SARTC) was opened and quickly became a major transportation hub in Orange County. Located at 1000 E Santa Ana Blvd. (Exhibit 1), SARTC serves as a hub for various transportation City Council 20-1 8/6/2024 Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024 Page 2 services, including Amtrak intercity rail service, Metrolink commuter rail service, and several local and regional bus services (i.e. Orange County Transportation Authority (OCTA), Greyhound, and other bus services). The Spanish and Mediterranean Revival architectural style of SARTC features ceramic red barrel roof tiles, stucco -style walls, and extensive use of painted tiles for decoration. Many features are original to the facility. The Public Works Agency (PWA) submitted a successful grant application for funding to the California Department of Transportation (Caltrans) Clean California Local Grants Program to revitalize the SARTC. On December 5, 2023, the City Council adopted Resolution 2023-091, which authorized the Executive Director of the Public Works Agency to execute agreements with Caltrans for the SARTC Fountain Renovation project. The scope of work for this fountain renovation project includes the removal and replacement of the existing nonfunctioning water fountain at the SARTC main entrance. The existing fountain is broken beyond repair and does not work due to the fountain's plumbing and hardware being broken and rundown. Due to these factors, the fountain will be removed and replaced with an aesthetically similar fountain (Exhibit 2). This project will help to beautify the main entrance of the train station and improve the overall transit experience. SARTC improvements along with the future OC Streetcar will activate helping to deter crimes and illegal activities. Public Outreach and Contractor Participation To provide an opportunity for local vendors to submit bids, the City notified a total of 1,877 regional vendors via PlanetBids, several of which are Santa Ana based. A total of five bids were received. No bids were received from Santa Ana contractors. This project was originally advertised for bid on May 21, 2024. Bids were received electronically via Planet Bids on June 13, 2024. No bid protest was submitted by any of the bidders during the bid protest period. Bid Results Summ Rank Bidder's Name Location Base Bid 1 Cabifornia Inc. Mission Viejo, CA $435,000 2 3M Construction Corporation Anaheim, CA $445,777 3 Diamond Construction & Design La Habra, CA $490,000 4 Cinbad Industry, Inc. Chatsworth, CA $585,000 5 Fidelity Builders, Inc. Glendale, CA $647,700 A total of five bids were received and all were deemed responsive. Cabifornia Inc. submitted the lowest responsive base bid in the amount of $435,000 (Exhibit 3). As specified in the bid documents, the lowest bid shall be determined on the basis of the City Council 20 — 2 8/6/2024 Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024 Page 2 base bid. Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Cabifornia Inc in the amount of the base bid totaling $435,000 (Exhibit 4). This local company has 14 years of experience with building and remodeling jobs. This will be their first project for the City of Santa Ana. Project Delivery To deliver a complete project, in addition to the construction contract, the estimated total project delivery cost includes construction administration, inspection, and testing, along with an allowance for contingencies to account for unexpected or unforeseen conditions. Construction administration and inspection includes construction management and implementation of the labor requirements. 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 $587,250. A proposed carry- over of FY 2023-24 unspent funds in Project No. 24-6058 will be presented to the City Council for approval for this contract to amend the FY 2024-25 Capital Improvement Program (Exhibit 6). Project Item Total Construction Contract Bid Amount $ 435,000 Construction Administration, Inspection, Testing $ 65,250 Project Contingencies $ 87,000 TOTAL ESTIMATED CONSTRUCTION DELIVERY COST $ 587,250 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Review No. ER-2024-58 was filed for the project 24-6058. FISCAL IMPACT As indicated in the Cost Analysis, the estimated total construction delivery cost of the project is $587,250, which includes construction, contract administration, inspection, and testing, and authorized contingencies of $87,000. The funding of $587,250 for this project was appropriated in prior fiscal year's capital budget (Exhibit 6). As part of the Citywide budget carry -forward process, the request will be submitted to the Finance Department for these funds to be carried forward into Fiscal Year 2024-25. The carry - forward is a citywide effort and compiled with requests from various departments. It will be presented for City Council approval under a separate agenda item. The proposed contract enables staff to authorize a construction cost increase of up to 25%, if necessary for contingencies. Staff expects to utilize other available Public Works appropriations if a contingency becomes necessary to complete the project If there are City Council 20 — 3 8/6/2024 Santa Ana Regional Transportation Center Fountain Renovation August 6, 2024 Page 2 no other available appropriations, staff will return to the City Council with a project update and recommendations. The following table summarizes the funds budgeted for expenditure to deliver construction of this project: Fiscal Accounting Fund Accounting Unit, Amount Year Unit -Account # Description Account Description 06717650- PWA — SARTC 2024-25 Regional Operations, 500,000 (24-624-6058) Transp Center Improvements Other Than Buildings 01117650- SARTC Maintenance — 2024-25 66220 General Fund Service Enhancement, 87,250 (24-6058) Improvements Other Than Buildings TOTAL $587,250 EXHIBIT(S) 1. Location Map 2. Proposed Fountain Design 3. Bid Proposal 4. Construction Contract 5. Cost Analysis 6. Capital Improvement Project Worksheet Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, Acting City Manager City Council 20 — 4 8/6/2024 Exhibit 1 SANTA ANA PWAi PUBLIC WGRKS AGENCY Project No. 24-6058: SARTC Fountain Replacement City Council 20 — 5 8/6/2024 NT N O Lu ca N N J r O w ~ w Q w o co L LL K I� L J N W F— = Z Q L wLU Q as Z cn a ,I Z p N� I� v f^ i t F- O Z 0 a� D V \ ` O J K IL ? U Ua Q f U) a dW =m w _ h � z 0 Q z 0 z M m m Q p W U) W > > NT N O N N Cl) LL O M LU F W Q W Q U) LJ y� W L d 4cW X [] i w vuw 2 0 � XZz W�Q ! Z N - QYQ 0 U) LL Z)�:o _U O J H �mU _ �a LU � Z z O Q z } m m 0 LU o 0 Q w co w > > EXHIBIT 3 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: ry h i f -or-n; U 1 ri C REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Mobilization I LS $ a000c) $ 2 Demolition I LS 3 Concrete work I LS $ 4 Metal stud framing, & I LS $ .�.2 p�Q $ miscellaneous framing, 5 New gyp board, patching, new 1 LS $ painting and caulking Od 6 Tile work, complete with grout 1 LS $ 88 000 $ and sealing 7 Terracotta work, Complete with 1 LS $ } Off© $ grout and sealing 8 All plumbing fixtures and required 1 LS $ $ back supports, venting pipes, 93 pp p supply pipes, fountain equipment and accessories 9 Service, power, switching, i LS S distribuition, light fixtures, data and communication conduits, control anel, eneral work 10 As -Built Plans 1 LS $5,000 $ 11 Construction Permit 1 LS $10,000 $ TOTAL BASE BID $ 435 000 -OQ 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 P-8 of P-24 City Council 20 — 9 8/6/2024 CITY OF SANTA ANA, PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within number 90 working days after the commencement date stated in the Notice to Proceed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long -lead time items. Work shall be completed by December 2024.The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $555 per calendar day. Name of Firm Signature of BIDDER Title o w+Yv. (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-9 of P-24 City Council 20 — 10 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 fiends, 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 t � fi h r 4-arr%'. & I n Signature of BIDDER Title (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-10 of P-24 City Council 20 —11 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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: Business Address: Q.407 A/02Cc0w3e, f't, M;ns'►©n Lj; FAQ C,9 W ?I Business E-Mail Address: Telephone: — State Contractor's License No. and Class: License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No.: 9W - — State Dept. of Industrial Relations (DIR) Registration Vxpiration Date: Signed: Title: �,.,��nl f"IO�Amws[3�P� �►'�s��L°}t L P-I I of P-24 City Council 20 — 12 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 tkat the foregoing is true and correct. Name of Firm n h rAnrn ; Signature of BIDDER Title ltpo� /"I��O�rnmdn�, �ref�in- (if an individual, so state) P-12 of P-24 City Council 20 — 13 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) �e5rip plyyi rs� QA being duly sworn, deposes and says: OINDIVIDUAL That he/she is the party making the foregoing proposal: PARTNERSHIP That he/she is a member of the co -partnership firm designated as: and who has been and is duly vested with the authority to snake and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. I3 CORPORATION That he is of,CQbf a corporation which is making the foregoing proposal: JOINT VENTURE That he is of: one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the parties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the pro sed contract, for himself or any other person. Signature of Bidder Subscribed and sworn to before me this Q " day of 20 7,-1. . Signature of officer Administering Oath (Notary Public) 5EE A' b CQ160 F012 NoTA'0- ;I 06/04/7.L, P-13 of P-24 City Council 20 — 14 8/6/2024 NOIAR:Y-PV ""C:' JURAT ULW 11FI CAI L A notary public or other officer .cor ipleting this certificate verifies only the identity of the individ0al who signed the d0c' ument to which this certificate is attached, and not the truthfulness, accuracy, or validity -of that document. STATE OF Subscribed and sworn to (ox affisraled) before me on this J'U N a:4 by- S4ECT3. M0 L-4 A m rn Ar) l proved to mo on the basis of satisfactory evidence to be the person(es who appeared before me_ Signatuo of -Notary Public day of CHARLIE LEE .. NOTARY PUBLIC - CALIFORNIA v LOS ANGELES COUNTY - c COMMISSION # 2387351 MY COMM. EXPIRES DEC. 18, 2025 Notary 5ea1 OPTIONAL ENTRIES Type or Kind of Document: OW Wee,514 l p - Xr ! DA V t T Name of Other Farty(ies) lavolved: Datc of Document: Q6 6} 2•Lj No.: of Pages; Type of ID. -Used: Additional Notes: �nL b ,sample ORth Wordkg:.77o.You sweara�d a�.rm that the statemeutsin this docr�ruea�tare the truth, the kola w truth axed V0tbfdg, but the truth, SO help you.'!od? cC) 2015 ALL RIGHTS RESERVED .AMERICAN NOTARY GROUP - American Notary .com -- Reorder at: (323)349-OBBO City Council 20 — 15 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT LIST OF SUB -CONTRACTORS Section 4100 et. seq, of the Public Contract Code requires listing of all subcontractors with the hid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/z% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: %z% of the bid 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 All A License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # _ Location _ Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp_ License # _ Location Phone Type Of Work Amount $ P-15 of P-24 City Council 20 — 16 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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. Poe z cx iYj e r'K 27-12 0 8iq Morn V-nr--batLtabxA-2—saiL Name and Address of Owner. (-i-lr),262-- 4'9/6 Name and Telephone Number of person familia with project. �n ooto ! a"Mof "+2021 Contract Amount Type of Work Date Completed 2. Name and Address of owner. 62 6 g - Name and Telephone Number of person faDili with project. /� O DC1Q (Jit Contract Amount Type of Work Date Completed 3. (-'w& Ll o //rx H'f101Z21-L7h 1-3 eolr—L Name and Address ol`Swner. o er-Fk 1 LF —55 O Name and Telephone Number of person familiar with project. 6 Ci�Cen,e*-1.f 22 Cl- 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. F rrm ejr ro Ce O 5 +ev P-16 of P-24 City Council 20 — 17 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. 2. 0 Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed 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. P-17 of P-24 City Council 20 — 18 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 Signed State of California County of Subscribed an om person(s) who appeared to (or affirmed) bef on this day of , 20_, by , proved to me on the s of satisfactory evidence to be the befor e Notary Public Signature S6E A-mcw-_s� rOYL i+jo7A - Notary Public Seal P-1 S of P-24 City Council 20 — 19 8/6/2024 .N0IA.RyPUR1.JC JURA1T L.T1�11!{1[,Ai A notary public or other officer completing this certificate verifies only the identity, of the indivldual who signod the document to which this certificate is attached, and not the truthfulness, accuracy, or valiaity'of that document. STATE OF CALI f0RN ! CQUN y OF 0 RAWCAe. Subscribed and suroro. to (or aff limed) before nee on this Sl1 N E I Zk> ?-I 7 by U'4 9�EEio . mQ W A YWVV%ATS t proved to me on the basis of satisfactory evidence to be the person(& who appeared before me. Signature of.Notary Public day of CHARUE LEE NOTARY PUBLIC - CALIFORNIA i LD LOS ANGELES COUNTY Ct COMMISSION * 2387351 MY COMM. EXPIRES DEC. 18, 2025 No=y scal OPTIONAL ENTRIES Type or Kind of Document: NOW - CO(.WSi IJ AK1ptaVlT Name of Other Party(ies) lvolved: ' Date of Document: 0-4/Z� No.: of Pages: Type of ID. -Used: Additional Notes: Sample (lath Wordiag. Do_ you swear and aTrixm that•the statements jH this document are tha truth, tfie whale tr-nth and notbfdg, but the frrrtb, so help yoa.G'od? 00 2045 ALL RIGHTS RESERVED--AMERICAN NOTARY GROUP _ AmericanNotaryxcm - Reorder at: (323)349-08fi0 City Council 20 - 20 8/6/2024 CITY OF SANTA ANA PROPOSAL PROTECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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. P-19 of P-24 City Council 20 — 21 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 r Chapter. Signed: Title: Yn s f Firm: (ern b i L'., � o, Date: 0 P-20 of P-24 City Council 20 — 22 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. 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 ount to the California Apprenticeship Council. Signed: Title: '5 p P 140 hn w► w, �[>� y✓p � P kGt' Firm: l !]i l; LY n I" C Date: 0 19,Z p P-21 of P-24 City Council 20 — 23 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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 (IS 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: 5� MoAa wl ' J., i'irz S oil e Firm: i 4 v^%,-,of 1" Date: s^�T,/ 2 o 2 C.- P-22 of P-24 City Council 20 — 24 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT 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-23 of P-24 City Council 20 — 25 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT STATEMENT REGARDING COMMUNITY WORKFORCE AGREEMENT (CWA) REQUIREMENTS This is to certify that the undersigned BIDDER, and subcontractors, have read and understood the CWA entered into by and between the City of Santa Ana, the Los Angeles/Orange Counties Building and Construction Trades Council, and the signatory Craft Councils and Local Unions, effective as of September 1, 2017. The CWA is available at: https: //www.santa-aiia_org/documents/conununily-workforc e-agreement/ The undersigned BIDDER hereby agrees to comply with all terms and conditions of the CWA, and is capable of completing construction of the project continuously, and without interruptions or delays. If awarded any work covered by the CWA, BIDDER will also be required to sign the Letter of Assent that appears as Attachment A to the CWA. The undersigned BIDDER has reviewed the Public Works Construction Permit and required deposit descri ed in Section 2-2a and the Notice of Inviting Bids. Signed: Title: { P�1Y ILfOXD%w+ hn t-)K M r P✓e-,,', t° 3, Firm:,. Date: p 6 10 1� / ..2' L4- P-24 of P-24 City Council 20 — 26 8/6/2024 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT KNOW ALL P SENT that, Cab;&r-";Cx as BIDDER, and as SURETY, are held and firmly bound u to the ITY OF SANTA ANA, as AGENCY, in the penal sum of _ F , h 1,M lfiollars ($ 43 5 ioa • n_n_ ), which is ten percent (10%) of tKe 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, bands, and seal this day of , 20_. BIDD * cab r-ni .fin 2A611 /bceorne_ ©i-_ M;ss;en 1Ae'c1 . CP1 q,26atI (g4-q)3QS-3t3-:4- SURETY* Subscribed and sworn to before me ,20 Signature: Notary Public in and for the County of , State of tills day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-14 of P-24 City Council 20 - 27 8/6/2024 EXHIBIT 4 CITY OF SANTA ANA CONSTRUCTION CONTRACT AGREEMEM" PROJECT NO.: 24-6058 SARTC FOUNTAIN REPLACEMENT This CONSTRUCTION CONTRACT is made and entered into this 30th day of July, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and Cabifornia Inc. (hereinafter "CONTRACTOR"), WI'TNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: I. 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 Fountain Replacement project at Santa Ana Regional Transportation Center (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 Dorm • 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 suns total amount not to exceed Four Hundred Thirty Five Thousand Dollars and No Cents ($435,000.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. rcv. 09/01/2017 Page 1 of 3 City Council 20 — 28 8/6/2024 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. b. 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 maybe found on the City's website at: lzttp://Nvww.s Wa-ana.oz /�wa/docum.ents CWA. df 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 (1.00%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100°/a) 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 tip to hive Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and. Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10, INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR mid its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counselacceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from, or in any manner relating to, any of the following: Page 2 of 3 City Council 20 — 29 8/6/2024 (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier, (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arlsing from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: J SE MONTOYA Assistant City Attorney RECOMMENDED FOR APPROVAL: i. Dlgltallystgned byNabllSaba N a b i l S a b �f -0 tL: 024.o7.15 09:24.51 NABIL SABA, PE Executive Director Public Works Agency CITY OF SANTA ANA ALVARO N UNEZ Acting City Manager CONTRACTOR: Cabifornia Inc NAME:,' ,pt Oita i.,,, TITLE j1a-6; do-Kt Page 3 of 3 City Council 20 — 30 8/6/2024 Exhibit 5 COST ANALYSIS CONSTRUCTION OF PROJECT NO 24-6058: SARTC Fountain Replacement Construction Contract $ 435,000.00 Contract Administration, Inspection and Testing $ 65,250.00 Contingencies $ 87,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 587,250.00 City Council 20 — 31 8/6/2024 R w w _ m a� Q§ q� %L) >.� z0. «a R Fl-I zw > 0w �$ o_j � a « 0 \ ° \ & 2 .. / 0 / w« w -JJ ®\ �f U/ w§ wk w� w\ O « O %\ �R am �»e aGLTLM �z / / � � 00 , , , , � co co Q Q � N LL LL d \ C d \ \ � N w r- cli w o r- LL G G L 2 G G � . 0 \ 0 R R a } m R CO D LL k OW q / .2 Q \ w k / ry Lu t ■ k \ / ƒ E / § N O N ? m N q I O N � E _ 0 U � m Public Works Agency www.santa-ana.org/public-works Item # 21 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Flow Control Valve Maintenance, Rehabilitation, and Replacement at City Water Facilities AGENDA TITLE Agreement with Griswold Industries, dba Cla-Val, for Flow Control Valve Maintenance, Rehabilitation, and Replacement Services at City Water Facilities (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Griswold Industries, dba Cla- Val, to provide flow control valve maintenance, rehabilitation, and replacement services for City water facilities, for a total amount not to exceed $1,250,000, for a three-year term beginning August 6, 2024 and expiring August 5, 2027, with a provision for one, two-year extension (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's Water Resources Division (PWA) oversees the daily operations and maintenance of the City's water and sanitary sewer systems. The City's water production system consists of 21 wells, four pressure control stations, seven Metropolitan Water District connections, seven water booster stations, ten reservoirs, and two sanitary sewer lift stations. Over 120 flow control valves are located throughout the City at water system facilities, such as wells and pump stations, to effectively control of the introduction of water in to the distribution system and sustain desired pressures. As with other water system assets, flow control valves must be regularly maintained, and periodically rehabilitated or replaced, in order for the water system to function correctly. Due to the complex characteristics of flow control valves, it is ideal to have manufacturer -certified technicians perform inspection, maintenance, rehabilitation, and replacement services. On April 11, 2024, PWA released Request for Proposals (RFP) No. 24-050 (Exhibit 1) for qualified firms to provide preventative maintenance, rehabilitation, and replacement services for the City's water pressure reducing and pressure sustaining valves. The RFP was advertised on the City's online bid management and publication system, PlanetBids, with proposals due on May 2, 2024. System records indicate a total of 264 City Council 21 — 1 8/6/2024 Flow Control Valve Maintenance and Rehabilitation at City Water Facilities August 6, 2024 Page 2 vendors were notified, with 15 downloading the bidding documents, and one proposal was received. Staff recommends awarding an agreement to Griswold Industries, dba Cla-Val, to provide flow control valve maintenance, rehabilitation, and replacement services for the City's water pressure reducing and pressure sustaining valves (Exhibit 2). Cla-Vat's work experience and proposal demonstrate that the firm has the necessary technical capacity and expertise to complete the required services outlined in the RFP. The firm's rates are reasonable and within industry standard and the proposal was determined to provide the best value for the City. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2024-25 budget and future fiscal year funding will be included in the proposed budgets for City Council consideration. Fiscal Year Accounting Fund Accounting Unit, Unit - Description Account Description Amount Account # Contract (3-Year Term) 06017640- Water Water Production & $250,000 2024-25 62300 Supply, Contract Services - Professional 06017640- Water Water Production & $250,000 2025-26 62300 Supply, Contract Services - Professional 06017640- Water Water Production & $250,000 2026-27 62300 Supply, Contract Services - Professional Optional One -Year Extensions 06017640- Water Water Production & $250,000 2027-28 62300 Supply, Contract Services - Professional 06017640- Water Water Production & $250,000 2028-29 62300 Supply, Contract Services - Professional TOTAL $1,250,000 City Council 21 —2 8/6/2024 Flow Control Valve Maintenance and Rehabilitation at City Water Facilities August 6, 2024 Page 3 EXHIBIT(S) 1. RFP 24-050 2. Agreement with Griswold Industries, dba Cla-Val Submitted By: Nabil Saba, Executive Director of Public Works Approved By: Alvaro Nunez, Acting City Manager City Council 21 — 3 8/6/2024 REQUEST FOR PROPOSALS (RFP) FOR FLOW CONTROL VALVE MAINTENANCE AND REHABILITATION PROGRAM RFP NO.; 24-050 CITY OF SANTA ANA PUBLIC WORKS AGENCY 220 S. Daisy Avenue, Bldg A Santa Ana, CA 92703 James Burk Project Manager (714) 647-3315 Office jburk@@santa-ana.org Approved for Release: WNabil Saba, P.E. Executive Director Public Works Agency KEY RFP DATES Sub'ect to change at discretion of Cit Issue Date: Thursday, April 11, 2024 Deadline for Requests for Information: Thursday, April 25, 2024 at 4.00 P.M. Proposal Due Date: Thursday, May 2, 2024 at 4:00 P.M. Projected Award Date (anticipated): Thursday, June 11, 2024 City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Sarvlrac City Council Page 1 21 — 4 8/6/2024 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Flow Control Valve Maintenance and Rehabilitation Program. Responses to this Request for Proposals (RFP) will be accepted until Thursday, May 2, 2024 at 4:00 P.M. Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time. All notifications, updates and addenda will be posted online on PlanetBids at https://www.planetbids.com/portal/porta1.cfm?ComPanyID=20137 and on the City's RFP Bid page at www.santa-ana.org/bids-rfps. Proposers shall be responsible for monitoring PlanetBids and the City's RFP Bid page to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT: As a courtesy to the City, all interested firms are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be sent via certified mail or email. A decision, by an interested firm, not to submit a Letter of Intent would not lead to the disqualification of the firm. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance agMR.eobilitation Services 8/6/2024 Page 2 TABLE OF CONTENTS I. GENERAL.........................................................................................................ERROR! BOOKMARK NOT DEFINED. A. NATURE OF WORK: .......................................................................................................................................... 5 B. SUBMITTAL OF PROPOSAL: ........................................................................................................................... 5 C. PROPOSAL EVALUATION AND RATING: ..................................................................................................... 5 D. PROJECT FUNDING: ......................................................................................................................................... 5 E. TERM OF CONTRACT AGREEMENT: ........................................................................................................... 5 II. PROPOSAL TERMS AND CONDITIONS.....................................................................................................................6 A. EXAMINATION....................................................................................................................................................6 B. EXECUTION OF AGREEMENT........................................................................................................................6 C. PROPOSAL VALIDITY.......................................................................................................................................6 D. PRE -CONTRACTUAL EXPENSES..................................................................................................................6 E. JOINT OFFERS/SUBCONSULTANTS............................................................................................................6 F. SAFETY PROGRAM REQUIREMENTS.........................................................................................................6 II. INSTRUCTIONS TO PROPOSERS...............................................................................................................................7 A. CITY RESPONSIBILITIES.................................................................................................................................7 B. PROPOSER RESPONSIBILITIES....................................................................................................................7 C. REQUEST FOR INFORMATION OR CLARIFICATION................................................................................8 D. ADDENDA............................................................................................................................................................8 E. LICENSES & PERMITS..................................................................................................................................... 8 F. INSURANCE........................................................................................................................................................ 8 G. PAYMENT INFORMATION PACKET..............................................................................................................8 H. PRE -PROPOSAL MEETING.............................................................................................................................8 I. CITY RIGHT TO REJECT..................................................................................................................................9 J. PROTESTS.......................................................................................................................................................... 9 III. SUBMITTAL REQUIREMENTS......................................................................................................................................9 A. GENERAL.............................................................................................................................................................9 1. DEADLINE.............................................................................................................................................9 B. PROPOSAL CONTENTS...................................................................................................................................9 1. STATEMENT OF QUALIFICATIONS................................................................................................9 2. SCOPE OF SERVICES......................................................................................................................11 3. FEE PROPOSAL................................................................................................................................. 11 4. CERTIFICATIONS..............................................................................................................................11 IV. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION).................................................................11 A. EVALUATION AND RATING........................................................................................................................... 11 B. SELECTION.......................................................................................................................................................11 V. AWARD OF AGREEMENT............................................................................................................................................12 A. REQUEST FOR COUNCIL ACTION..............................................................................................................12 B. EXECUTION OF AGREEMENT......................................................................................................................12 VI. IMPLEMENTATION........................................................................................................................................................12 A. KICK-OFF MEETING........................................................................................................................................12 B. NOTICE TO PROCEED...................................................................................................................................12 VII. PUBLIC RECORDS........................................................................................................................................................12 le1»4kiICKI ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: FEE PROPOSAL ATTACHMENT 3: REFERENCES ATTACHMENT 4: STANDARD AGREEMENT (SAMPLE) ATTACHMENT 5: CERTIFICATIONS Cjtg of Santa Ana RFP 74-n9n City Council Flow Control Valve Maintenance agMRol@bilitation Services 8/6/2024 Page 3 APPENDIX A: VALVE LIST C:itg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance agMRoh-Abilitation Services 8/6/2024 Page 4 I. GENERAL The City of Santa Ana ("Santa Ana" or "City") is the county seat and second most populous city in Orange County, California, with over 310,000 residents. It is the 62nd most -populous city in the United States. Santa Ana is located in Southern California, adjacent to the Santa Ana River, about 10 miles away from the California coast. Founded in 1869, the City is part of the Greater Los Angeles Area, the second largest metropolitan area in the United States. A. NATURE OF WORK: The City of Santa Ana is seeking a firm to provide preventative maintenance, rehabilitation and replacement services for the City's water pressure reducing and pressure sustaining valves. The City intends to enter into agreements with a single firm to provide the described services. A detailed Scope of Work is included in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP. B. SUBMITTAL OF PROPOSAL: Responses to this Request for Proposals (RFP) must be submitted electronically to the PlanetBids system. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to this proposal due date and time. The Fee Proposal shall be submitted separately and electronically to the PlanetBids system prior to this proposal due date and time. C. PROPOSAL EVALUATION AND RATING: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 35% • Relevant Project Experience 30% • Understanding of Need 25% • References 10% The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. D. PROJECT FUNDING: Project is funded by local funds. E. TERM OF CONTRACT AGREEMENT: This term is outlined in the Standard Consultant Agreement, as contained in ATTACHMENT 2: STANDARD AGREEMENT in the Appendix of this RFP. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance agMR.eobilitation Services 8/6/2024 Page 5 II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. EXAMINATION Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required this RFP and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated. B. EXECUTION OF AGREEMENT The City and the selected Proposer will enter into an Agreement similar to that as shown in ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. PROPOSAL VALIDITY Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. PRE -CONTRACTUAL EXPENSES Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. JOINT OFFERS/SUBCONSULTANTS Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime sub -consultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of sub -consultants be offered, the Proposer shall provide the same assurances of competence for the sub -consultant plus the demonstrated ability to manage and supervise the subcontracted work. Sub -consultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all sub -consultants in the same manner as the Proposer. F. SAFETY PROGRAM REQUIREMENTS Work Site Safety shall be as defined by the Standard Specifications and these special provisions: The Proposer shall be solely responsible for ensuring that all work performed under the contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Consultant/Contractor shall provide at its expense C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance agMR09bilitation Services 8/6/2024 Page 6 all safeguards, safety devices and protective equipment, and shall take any and all actions appropriate to providing a safe Project site. The following is required in addition to the requirements of the Standard Specification: The Proposer shall train all employees, or subcontractor personnel in the work practices necessary to safely perform his or her job. 2. The Proposer shall identify all known potential hazards related to the work performed and train all employees and subcontractor personnel on how to handle the potential hazards. 3. The Proposer, their employees and subcontractors shall follow all safety rules and safe work practices. 4. The Proposer will immediately notify the City of any significant and/or unusual hazards found during the course of work. 5. The Proposer shall submit copies of Safety Data Sheets (SDS) for all hazardous materials to be utilized on site in the performance of work. The Proposer is solely responsible for the legal disposal of hazardous waste generated in the performance of their work. Safety Indemnification: To the extent allowed by law, the Proposer agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all investigations, complaints, citations, liability, expense (including defense costs and legal fees), claims and/or causes of action for damages of any nature whatsoever, including but not limited to injury or death to employees of the Proposer, its subcontractors or City, attributable to any alleged act or omission of the Proposer or its subcontractors which is in violation of any Cal OSHA regulation. The obligation to defend, indemnify and hold harmless includes all investigations and proceedings associated with purported violations of Section 336.10 of Title 8 of the California Code of Regulations pertaining to multi -employer work sites. The City may deduct from any payment otherwise due the Proposer any costs incurred or anticipated to be incurred by the Agency, including legal fees and staff costs, associated with any investigation or enforcement proceedings brought by Cal OSHA arising out of the assigned work. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibility for all services in its proposal. The selected proposer shall identify a sole point of contact with the greatest Cjtg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arJMR.ehI*ilitation Services 8/6/2024 Page 7 knowledge in regard to the required service operations and contractual matters, including payment of any and all charges resulting from the Agreement. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) by or before the "Deadline for Requests for Information" date noted on the cover page of this RFP. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated below in SUB -SECTION II.D "ADDENDA". IW•_1QQa10111-0 Any changes in RFP from the date of release to date of submittal will result in an addendum or amendment. Notification of such addendum or amendment shall be posted on City's PlanetBids system: https://www.planetbids.com/portaI/porta1.cfm?ComPanyID=201 37. E. LICENSES & PERMITS The selected Proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City Project Manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The selected Proposer shall provide the required evidence of insurance coverage as set forth in the standard agreement within ten (10) business days after receipt of notice of award. G. PAYMENT INFORMATION PACKET The selected Proposer shall return a completed payment information packet within ten (10) business days after the successful Proposer has received notice that the agreement has been awarded. The packet is available on the City's website: www.santa-ana.org/bidsrfps - H. PRE -PROPOSAL MEETING A pre -proposal meeting, if scheduled, will occur on the date, time and location identified on the cover page of this RFP. The meeting will include discussion of the project scope C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance agMR.eMapilitation Services 8/6/2024 Page 8 and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in SUB -SECTION II.D "ADDENDA". I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. The City reserves the right to reject, replace and approve any and all subcontractors. All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall be the responsibility of the successful Proposer and the City shall assume no liability of such subcontractors. J. PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. SUBMITTAL REQUIREMENTS A. GENERAL I. DEADLINE Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: I. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE - SIDED PAGES (excluding front and back covers, section dividers and attachments C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMR.efailitation Services 8/6/2024 Page 9 such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11" x 17". The Statement of Qualifications includes the following: a. Cover Letter Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. Include type of business entity. b. Agreement Statement Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the standard agreement attached as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. Insurance requirements subject to change. c. Firm and Team Experience Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. The project manager/principal agent shall be the primary contact person to represent your firm. d. Understanding Scope of Services Proposal shall include an outline which demonstrates the firm's understanding of the scope of work. This outline should include anticipated approach, tasks necessary for successful completion, and suggestions or special concerns that the City should be made aware of. The Respondent should describe the ongoing support, management, and resources that will be provided to the City throughout the development agreement contract period, including any unique value-added services that it wishes to highlight. e. Relevant Project Experience Proposal shall include a list of relevant projects which your firm or personnel have completed within the last five (5) years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. f. References Proposal shall include references for three public entities for which Proposer has performed similar work within the past five (5) years. C:itg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMRghloilitation Services 8/6/2024 Page 10 g. Fee Fees may or may not be included as part of evaluation criteria. Refer to SECTION I "GENERAL" above and SUB -SECTION III.B.3 "FEE PROPOSAL" below. (this item not part of page limit) II. SCOPE OF SERVICES Proposal shall include a Scope of Services which details the work phases to be completed, the tasks to be accomplished and the deliverables to be provided based upon the requested Scope of Work, detailed in ATTACHMENT 1: SCOPE OF WORK in the Appendix of this RFP. III. FEE PROPOSAL Proposer's fee proposal shall be submitted concurrently with the technical proposal, but in a separate submission to the PlanetBids system. This shall include the proposed Total Fee, firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. Where fees are NOT included as part of evaluation criteria, the fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. Where fees ARE included as part of the evaluation criteria, the fee proposal will be opened and reviewed concurrently with the proposal, and weighted per the percentage identified in SECTION I "GENERAL" above. IV. CERTIFICATIONS The following forms, included in ATTACHMENT 5: CERTIFICATIONS in the Appendix of this RFP, shall be signed and included as part of the proposal submittal package: • Non -Collusion Affidavit • Non -Lobbying Certification • Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT/CONTRACTOR SELECTION) A. EVALUATION AND RATING Refer to SECTION I "GENERAL" above. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the Proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMR.eho4ilitation Services 8/6/2024 Page 11 V. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Executive Director will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A standard agreement is included as ATTACHMENT 4: STANDARD AGREEMENT in the Appendix of this RFP. "Proposer" will hereinafter be referred to as "Consultant" in standard agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all insurance documents and contents of the Payment Information Packet have been received and approved. VII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMRghl*ilitation Services 8/6/2024 Page 12 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Appendix ATTACHMENT 1: SCOPE OF WORK City Council 21 — 16 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM SCOPE OF WORK Introduction and Background: The City of Santa Ana is located in the heart of Orange County, California and is approximately 27 square miles. The City provides potable drinking water for all of the City's residents and businesses. The City's water production system consists of 22 wells, 4 pressure control stations, 7 Metropolitan Water District connections, 7 water booster stations and 8 reservoirs and 2 sanitary sewer lift stations. Control and monitoring of the water system and sewer facilities is coordinated via the City SCADA system using a series of radios to send and receive data from remote locations to the City Home SCADA control room. Flow and pressure control through the water system is achieved using Cla-Val valves per Appendix A. Description of Work: The City is requesting proposals for the purpose of rehabilitating, replacing and maintaining all Cla-Val pressure control valves within the water production facilities. All replacement and procured valves in the contract shall be Cla-Val, no exceptions. The contract term shall be for three years with a City option to renew for one additional 2-year term. The Contractor will be expected to hold firm pricing on all contract items supplied for the duration of the contract. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The Contractor shall provide all labor, materials, services, and equipment necessary for flow control valve maintenance, repair, and procurement services. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations. In addition, the Contractor must be able to respond to City's request for emergency repair work on a timely manner. Business hours are considered from 7.00 A.M. to 5.00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. All services, equipment and materials provided by the Consultant must be in accordance with all applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time. Contractor Responsibilities: I. INSPECTION/PREVENTATIVE MAINTANENCE SERVICES (BID ITEMS 1-3) Inspection services shall include annual examination of all valves and any pilot valve systems associated with the valves listed in Appendix A. The Contractor shall perform preventative maintenance every 12 months at each valve system in order to elongate the lifespan of the valves and to determine how the operating conditions of the system are affecting the valve. In addition to preventative maintenance, the Contractor shall, upon request from the City, deploy to any valve and/or pilot valve site and perform a working inspection of the existing valve if the City encounters any valve operational issues. The preventative maintenance inspection shall verify the working condition of the valve. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMRohlabilitation Services 8/6/2024 Page 14 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Preventative maintenance should consist of, but is not limited to the following: a. Removal of lime deposits/mineral buildup from the valve stem and other metal parts b. Inspect parts (diaphragm, pilot valves, disk plate, solenoids, valve body, tubing, anti -cavitation parts (knock -outs), etc.) c. Calibrate pilot control settings (pressure and flow, altitude valves, etc.) d. Maintain and clean the strainers and valve body e. Exercise the valves f. Check the pilot tubing for leaks g. Inspect pilot disc retainers h. Confirm that the diaphragm assembly is properly functioning Preferably, preventative maintenance should be accomplished without removing the valve from the line. However, if removal of the valve is required, the Contractor shall notify City staff prior to performing the work. Upon completion of inspection and maintenance services, the Contractor shall also ensure all tags and/or reference markers on valves and appurtenances are up to date with the most accurate information such as model number, serial number, etc. In the event, the Contractor encounters outdated valves in need of replacement, the Contractor shall recommend retrofitting old valves with up to date new valves that meet or surpass industry standards. Within ten (10) business days of completing maintenance services on the City's Cla-Val's, the Contractor shall provide a service report to the City of Santa Ana. The Contractor shall follow up with City personnel and notify City staff on any issues encountered in the field regarding requiring additional parts. The Contractor shall state all findings, if any, along with a proposed scope of work and complete cost estimates for any recommended equipment repairs and/or replacement. II. REPAIR SERVICES (BID ITEMS 4-9) The Contractor shall repair or replace any parts of the valve found to be worn or otherwise in need of replacement. All internal parts of the valve shall be cleaned of mineral deposits prior to reassembly of the valve. When required (typically every 5 years), complete valve rebuilds/rehabilitations should be performed in which the main valve and its respective pilot controls are cleaned internally, all rubber parts are replaced, and all metal parts replaced where needed. All repairs and rehabilitations shall be made in accordance with Cla-Val guidelines and as directed by the City. The Contractor shall be factory trained in maintaining all piloting systems offered by Cla-Val and shall fix/repair all piloting systems in accordance with Cla-Val guidelines and as directed by the City. Work under this section shall also include full valve replacement complete with all necessary pilot systems and/or electronic controls. Valves listed in Appendix A are representative of the majority of the Cla-Val valves in use in the City but is not a complete listing. The City acknowledges that additional costs will be incurred for C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMRghloilitation Services 8/6/2024 Page 15 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM pilot system repairs and will vary depending upon the type of piloting system on each valve. Assume that a full repair of the valve will include costs for replacement of all parts that could be replaced in a standard Cla-Val diaphragm valve. For bidding purposes, assume repair of the following components; replacement of disk and seat on Cla-Val on the following models for various sizes as listed on the Fee Schedule: 1. Model90-01 2. Model50-01 3. Model52-03 4. Model 61-02 5. Model100-01 The Contractor shall solely use Cla-Val parts for replacement, repair, and maintenance of all components of the City's valves. III. NEW VALVES AND PROCUREMENT SERVICES (BID ITEMS 10-11) If the Contractor has determined rehabilitation of a valve system is not feasible or at the City's direction, replacement of the valve with a new valve shall take place. Furthermore, if the cost to repair the valve exceeds 50% of the cost to replace, replacement of the valve with a new valve shall take precedence. When work includes the replacement of valves, the Contractor shall be responsible for removal of the existing valve and installation of the new replacement valve. The Contractor shall also be responsible for supply, installation, calibration and testing of the new replacement valve. IV. INSTRUMENTATION AND CONTROL SERVICES The Contractor shall also have experience incorporating instrumentation and remote/local valve control on existing and future valve components in the City. The City currently utilizes electronic valve controllers (Model VC-22D), which serves as an interface between the City's SCADA system, the valve, and other devices installed on or around the valve. The Contractor shall have expertise in customizing the aforementioned valve controller with the Cla-Val trademarked standard and customized ValvApps to meet the City's operational requirements specific to each site. The Contractor shall be able to provide the following customization inputs and outputs for the valve controllers upon City request: 1. Valve Regulation 2. Differential Pressure Monitoring 3. Retransmission (1) Analog Inputs (2) Digital Inputs 4. Solenoid Outputs 5. Relay Outputs 6. Actions/Alarms 7. Communication C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR.ehloilitation Services 8/6/2024 Page 16 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 8. Control Logic V. VALVES TRAINING SERVICES Upon request, the Contractor shall provide in depth training on flow control valve operation, maintenance, and repair techniques that optimize staff management of the system. Classes shall include training materials and resources to further assist City Staff in the operation and maintenance of the flow control valves specific to the system. Upon request, the Contractor shall provide training classes in the field and/or in a controlled class setting at certified Cla-Val facilities following the manufacture's guidelines and operating techniques. VI. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and Cla-Val factory approved. VII. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. VIII. PROJECT MANAGEMENT & COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. IX. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • American Society of Civil Engineers (ASCE) C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMRoWilitation Services 8/6/2024 Page 17 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM • American Society of Mechanical Engineers (ASME) • State Department of Industrial Safety (CAL/OSHA) • California Code of Regulations (CCR) • Local, State, and Federal Building Codes • City of Santa Ana Standards X. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. Be factory authorized, trained and knowledgeable in Cla-Val valves for maintenance, operation and installation. (Provide proof of training upon issuance of a contract with the City) 3. The Consultant shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES. 4. Be confined space entry certified as well as possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 5. Have access to factory direct inventory for replacement parts, new valves and related appurtenances. 6. Provide all necessary equipment to competently perform and complete work as specified. XI. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. XII. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. The Contractor shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. XIII. MARKUP C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMR02$ilitation Services 8/6/2024 Page 18 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor......................................................................................................20 2) Materials................................................................................................15 3) Equipment Rental...................................................................................15 4) Other Items and Expenditures................................................................15 XIV. FEE SCHEDULE: Contractor shall submit a fee schedule as described in Section III.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section--- C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMRoWilitation Services 8/6/2024 Page 19 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Bid Item Unit Quantity Unit Price Amount 1. Labor 1 Man Prevailing Wage HR 200 $ $ 2. Labor 2 Men Prevailing Wage HR 200 $ $ 3. Travel Per Day EA 25 $ $ Model 50-01 4. Repair 4" Pressure Control Valve Rubber EA 20 $ $ Rebuilds for Main Valve and Pilot 5 Repair 6" Pressure Control Valve Rubber EA 5 $ $ Rebuilds for Main Valve and Pilot 6 Repair 8" Pressure Control Valve Rubber EA 5 $ $ Rebuilds for Main Valve and Pilot 7. Repair 10" Pressure Control Valve Rubber EA 2 $ $ Rebuilds for Main Valve and Pilot 8. Complete New 4" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 20 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator C:itg of Santa Ana RFP 94-n5n City Council Flow Control Valve Maintenance arJMRef2&ilitation Services 8/6/2024 Page 20 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 9. Complete New 6" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 5 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 10. Complete New 8" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 5 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 11. Complete New 10" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator Model 52-03 12. Repair 10" Pressure Control Valve Rubber Rebuilds for Main Valve and Pilot EA 4 $ $ 13. Complete New 10" Model 52-03 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 4 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator Model 61-02 14. Repair 10" Pump Control Valve Rubber Rebuilds for Main Valve and Pilot EA 1 $ $ 15. Complete New 10" Model 61-02 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 1 $ $ Controls, Up Stream & Downstream Pressure Gauges, X105 Limit Switch Assembly Model 90-01 16. Repair 6" Pressure Control Valve Rubber EA 5 $ $ Rebuilds for Main Valve and Pilot 17 Repair 8" Pressure Control Valve Rubber EA 5 $ $ Rebuilds for Main Valve and Pilot 18 Repair 10" Pressure Control Valve Rubber EA 5 $ $ Rebuilds for Main Valve and Pilot C:itg of Santa Ana RFP 74-050 City Council Flow Control Valve Maintenance arjMRelk4ilitation Services 8/6/2024 Page 21 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 19. Repair 12" Pressure Control Valve Rubber EA 5 $ $ Rebuilds for Main Valve and Pilot 20. Repair 14" Pressure Control Valve Rubber EA 2 $ $ Rebuilds for Main Valve and Pilot 21. Repair 16" Pressure Control Valve Rubber EA 2 $ $ Rebuilds for Main Valve and Pilot 22. Complete New 6" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 23. Complete New 8" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 24. Complete New 10" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 25. Complete New 12" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 26. Complete New 14" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ $ Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 27. Complete New 16" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot EA 2 $ $ System, Opening & Closing Speed Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator C:itg of Santa Ana RFP 74-050 City Council Flow Control Valve Maintenance arjMRef *ilitation Services 8/6/2024 Page 22 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Model 100-01 28 Repair 8" Pressure Control Valve Rubber Rebuilds for Main Valve and Pilot 29 Repair 10" Pressure Control Valve Rubber Rebuilds for Main Valve and Pilot 30. Repair 12" Pressure Control Valve Rubber Rebuilds for Main Valve and Pilot 31. Repair 14" Pressure Control Valve Rubber Rebuilds for Main Valve and Pilot 32. Repair 16" Pressure Control Valve Rubber Rebuilds for Main Valve and Pilot 33. Complete New 8" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 34. Complete New 10" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 35. Complete New 12" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 36. Complete New 14" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 37. Complete New 16" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator EA 2 $ $ EA 2 $ $ EA 2 $ $ EA 2 $ $ EA 2 $ $ EA 2 $ $ EA 2 $ $ EA EA EA 2 2 2 C:itg of Santa Ana RFP 74-050 City Council Flow Control Valve Maintenance arjMRef eilitation Services 8/6/2024 Page 23 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 38. Discount off list price on unforeseen % N/A % replacement parts Total C:itg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMRoo-bilitation Services 8/6/2024 Page 24 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Contractor shall submit additional labor, material and equipment rates along with schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment and materials. BIDDER INFORMATION: Legal Company Name: _ Complete address: Phone Number: Email Address: Authorized Signature: 1►Fr,M12 Title: C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR02@ilitation Services 8/6/2024 Page 25 APPENDIX CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM ATTACHMENT 3: PROPOSER'S REFERENCES List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Reference Customer Name: Address: Contract Amount: Description of supplies, equipment, or services provided: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: Contact Individual: Phone Number: Facsimile Number: Year: C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR020ilitation Services 8/6/2024 Page 26 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Reference Customer Name: Contact Individual: Address: Contract Amount: Description of supplies, equipment, or services provided: Phone Number: Facsimile Number: Year: THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Cjtg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMRoWilitation Services 8/6/2024 Page 27 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Appendix ATTACHMENT 4: STANDARD AGREEMENT (SAMPLE) C:itg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR.efftilitation Services 8/6/2024 Page 28 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM CONSULTANT AGREEMENT (SAMPLE) CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2021 by and between , ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in electrical repair and rehabilitation services. B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 a. Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended under this Agreement shall not exceed $XXX,XXX during the term of this Agreement, including any extension periods exercised under Section 3. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals and Scope of Work, which may reasonably be expected by City. City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services City Council 21 — 32 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 3. TERM This Agreement shall commence on the date first written above for a number (3) year -term with the option for the City to grant up to a one (2)-year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services City Council 21 — 33 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, its agents, representatives, employees or subcontractors. a. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has secured all insurance required under this Section. b. Insurance coverage shall be at least as broad as: (i) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000.00 per accident for bodily injury and property damage. (iii) Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services City Council 21 — 34 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM (iv) Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate. (v) If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions: (i) Additional Insured Status. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). (ii) Primary Coverage. For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (iii) Notice of Cancellation. Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. (iv) Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. (v) Self -Insured Retentions. Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR.ef3@ilitation Services 8/6/2024 Page 32 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM (vi)Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. (vii) Claims Made Policies. If any of the required policies provide coverage on a claims -made basis: • The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. • Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. • If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. (viii)Verification of Coverage. Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. (ix) Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. (x) Special Risks or Circumstances. City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its subcontractors, agents, employees, or other C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMRoWilitation Services 8/6/2024 Page 33 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity 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 Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless 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 Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMIRWI&hilitation Services 8/6/2024 Page 34 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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 Consultant: Consultant's Firm Name Address City State, Zip Code Attn: 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 C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR.eWilitation Services 8/6/2024 Page 35 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 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 Consultant 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 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMIRWINilitation Services 8/6/2024 Page 36 18 iK 4( 21. CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM NON-DISCRIMINATION Consultant 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. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 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. signatures follow on next page C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arJMR.ef*ilitation Services 8/6/2024 Page 37 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney am Senior Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba, P.E. Executive Director Public Works Agency CITY OF SANTA ANA Acting City Manager CONSULTANT Name: Title: Cjtg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR.eh�$ilitation Services 8/6/2024 Page 38 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM APPENDIX ATTACHMENT 5: CERTIFICATIONS C:itg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR.ef*ilitation Services 8/6/2024 Page 39 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of 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 Cjtg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arJMR.ef*ilitation Services 8/6/2024 Page 40 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Title: Firm: Date: C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMIRW x 4ilitation Services 8/6/2024 Page 41 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 1. The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMR.ef&ilitation Services 8/6/2024 Page 42 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: Cjtg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arJMR.ef*ilitation Services 8/6/2024 Page 43 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM ***END OF RFP 24-050* * C:itg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMIRWI*bilitation Services 8/6/2024 Page 44 Appendix A Pressure Regulating Vaults & MWD SA Connections 501 3/4 West Memory Lane, Santa Ana CA 92706 PRV - 1 Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Hytrol 50-01 12 Pressure Relief 50-01-11720H 50-016P North Valve Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 20-200 Pressure Sustaining 79222-02C CRL Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Hytrol 100-20 10 Pressure Relief 27510877H 131-E16CEPSY South Valve Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 20-200 Pressure Sustaining 79222-02C CRL 309 3/4 E 17th St, Santa Ana CA 92706 PRV-2 Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Hytrol 8 Pressure Relief 50-04-35R 8-50-046 North Valve Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 20-200 Pressure Sustaining 79222-020 CRL Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Globe 10-100G 10 Pressure Relief 50-04-36F 10-50-046 South Valve Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 20-200 Pressure Sustaining 79222-020 CRL 1345 3/4 N Grand Ave. Santa Ana CA 92701 PRV-3 Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Hytrol 100G 8 Pressure Relief 50-04-35H 8-50-046 East Valve Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 20-200 Pressure Sustaining 79222-OC2 CRL Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Globe 100G 12 Pressure Relief 50-04-35D 12-50-046 West Valve Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 20-200 Pressure Sustaining 79222-020 CRL 1668 E 4th St. Santa Ana CA 92701 PRV-4 Main Unit Main Valve Type Globe Model 100G Size inch 10 Function Pressure Relief Stock No. 50-04-36F Catalog No. 10-50-046 North Valve Pilot One Size inch 1/2 Spring Rate (psi) 20-200 Function Pressure Sustaining Stock No. 79222-02 Catalog No. CRL Main Unit Main Valve Type Hytrol Model 100G Size inch 8 Function Pressure Relief Stock No. 50-04-35H Catalog No. 8-50-046 West Valve Pilot One Size inch 1/2 Spring Rate (psi) 20-200 Function Pressure Sustaining Stock No. 79222-020 Catalog No. CRL City Council Page 1 21 — 48 8/6/2024 Appendix A 2315 N Bristol S, Santa Ana, CA 92706 SA- 1 Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Globe 12 Bypass TV3564 12-90 Bypass Pilot One Size inch Spring Rate (psi) Function Stock No. Catalog No. Pressure Sustaining Main Valve Type Model Size inch Function Stock No. Catalog No. Pressure Main Unit Globe 16 Pressure Reducing 90-01-1747F 16-90-01A6 Reducing Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 3/8 30-300 Pressure Reducing 71943-04H CRD SE Corner Bristol St & First St, Santa Ana CA 92701 SA-2 Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Globe 12 TV 8564 96 Size inch Spring Rate (psi) Function Stock No. Catalog No. Bypass Pilot One 1/2 Pressure Sustaining Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot Two 1/2 Flow Control 1300 W McFadden, Santa Ana, CA 92704 SA-3 Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit Globe 10 30721 10-91 Bypass Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 7683002F CDNS11A Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot Two 1/2 Motor Operator CRA 1206 3/4 W. Warner Ave. Santa Ana. CA 92707 SA-4 Main Unit Main Valve Type Model Size inch Function Stock No. Catalog No. Globe 10 TV 356-2 12-90 Bypass Pilot One Size inch Spring Rate (psi) Function Stock No. Catalog No. 30-300 829130H CRD10A Pilot Two Size inch Spring Rate (psi) Function Stock No. Catalog No. 3/8 34857 CDHS2 City Council Page 2 21 — 49 8/6/2024 Appendix A 2301 N Tustin Ave, Santa Ana, CA 92705 SA-6 Main Unit Main Valve Type Bailey Model Size inch 16 Function Stock No. Catalog No. North Valve Pilot One Size inch 3/8 Spring Rate (psi) 30-300 Function Pressure Sustaining Stock No. 829130H Catalog No. CRD10A Pilot Two Size inch 3/8 Spring Rate (psi) Function Flow Control Stock No. 7683002E Catalog No. CDHSIIA Main Unit Main Valve Type Globe Model 100G Size (inch) 10 Function Stock No. 23316016 Catalog No. 6-49-01ABDKCE Middle Valve Pilot One Size (inch) 3/8 Spring Rate (psi) 30-300 Function Pressure Sustaining Stock No. 79744046 Catalog No. CRA Pilot Two Size (inch) 3/8 Spring Rate (psi) Function Flow Control Stock No. 7683002E Catalog No. CDHSIIA Main Unit Main Valve Type Hytrol Model 100G Size inch 6 Function Stock No. 23315001D Catalog No. 6-49-01ABDKCE South Valve Pilot One Size inch 3/8 Spring Rate (psi) 30-300 Function Pressure Sustaining Stock No. 79744046 Catalog No. CRA Pilot Two Size inch 3/8 Spring Rate (psi) Function Flow Control Stock No. 7683002E Catalog No. CDHSIIA Main Unit Main Valve Type Hytrol Model 100G Size (inch) 8 Function Relief Pressure Stock No. 50-01-101D Catalog No. 8-50-016 Pressure Relief Pilot One Size (inch) 1/2 Spring Rate (psi) 20-200 Function Pressure Relief Stock No. 79222-02C Catalog No. CRL Pilot Two Size (inch) 3/8 Spring Rate (psi) Function Flow Control Stock No. 7683002F Catalog No. CDHSIIA 2215 Ritchev St.. Santa Ana CA 92705 SA-7 Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit 5 10 23316016 8-49-01ABDKCE Size inch Spring Rate (psi) Function Stock No. Catalog No. Valve One Pilot One 3/8 1683021 CDNSIIA Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot Two 3/8 30-300 7974404E CRA Main Valve Type Model Size (inch) Function Stock No. Catalog No. Main Unit 10 2331701K 6-49-01ABDKCE Size (inch) Spring Rate (psi) Function Stock No. Catalog No. Middle Valve Pilot One 3/8 7683002F CDNSIIA Size (inch) Spring Rate (psi) Function Stock No. Catalog No. Pilot Two 3/8 30-300 7974404E CRA Main Valve Type Model Size inch Function Stock No. Catalog No. Main Unit 5 8 50-01-101D 8-50-016 Relief Valve Size inch Spring Rate (psi) Function Stock No. Catalog No. Pilot One 1/2 20-200 Pressuer Relief 79222-02C CRL City Council Page 3 21 — 50 8/6/2024 Cla-Val_Appendix A Pump Stations and Reservoirs 2736 N Cambridge St. Santa Ana, CA 90703 Cambridge Station Main Valve Type Model Size inch Function Stock No. Catalog No. Bypass Main Unit Hytrol 100-01 8 Pressure Relief 100-01-4768F 100-01 Size Spring Rate Function Stock No. Catalog No. Pilot One 1/2 20-200 psi Pressure Relief 79222-02C CRL 1730 S. Santa Fe. Santa Ana. CA 92705 East Station Main Valve Type Model Size Function Stock No. Catalog No. Pressure Relief Main Unit Globe 52-03 10in Pressure Relief 73064-06 SOK Size inch Spring Rate Function Stock No. Catalog No. Pilot One 1/2 Pressure Relief Main Valve Type Model Size Function Stock No. Catalog No. Altitude Main Unit Hytrol 131- 14 in 72862-06 206-3A-IARC Size inch Spring Rate Function Stock No. Catalog No. Pilot One 3/8 30-130 psi C9320 CRA 2401 N Bristol St, Santa Ana, CA 92706 Garthe Station Main Unit Main Valve Type Globe Model Size 12 in Function Bypass Stock No. 210-13-37C Catalog No. 12-210-13BH Pilot One Size inch 1/2 Spring Rate 20-200 psi Function Pressure Sustaining Stock No. 79222-02C Catalog No. CRL Bypass Pilot Two Size inch Spring Rate Function Stock No. Catalog No. 5-40 psi Level Control 1043801J CDSS Main Unit Main Valve Type Globe Model Size 12 in Function Pressure Relief Stock No. 50-01-1196 Catalog No. 12 50 01 B Pressure Relief Pilot One Size inch 1/2 Spring Rate 20-200 psi Function Pressure Relief Stock No. 79222-02C Catalog No. CRL 730 E Memory Ln, Santa Ana, CA 92706 Crooke Station Main Unit Main Valve Type Hytrol Model Size 10OG 8in Function Bypass Stock No. 58-01-272E Catalog No. 8-58-01B Bypass Pilot One Size inch 1/2 Spring Rate 20-200 psi Function Pressure Relief Stock No. 79222-02C Catalog No. CRL City Council Page 1 21 — 51 8/6/2024 Cla-Val_Appendix A 1727 W Alton Ave, Santa Ana, CA 92705 South Station Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Globe 14in Bypass 62199 206-3A-1RX Size inch Spring Rate Function Stock No. Catalog No. North Bypass Pilot One 3/4 65-180 psi Pressure Sustaining C9294 CRLS Size inch Spring Rate Function Stock No. Catalog No. PilotTwo 3/8 30-130 psi C9320 CRA Main Valve Type Model Size Function Stock No. Catalog No. Main Unit 14in Bypass 62199 206-3A-1RX South Bypass Size inch Spring Rate Function Stock No. Catalog No. (Out of Service) Pilot One 3/4 65-180 psi Pressure Sustaining C9294 CRLS Size inch Spring Rate Function Stock No. Catalog No. PilotTwo 3/8 30-130 psi C9320 CRA Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Globe 10in Pressure Relief 45558 10-6-50-KS Pressure Relief Size inch Spring Rate Function Stock No. Catalog No. Pilot One 3/4 65-180 psi Pressure Relief C9294 CRLS 723 W Walnut St, Santa Ana, CA 92701 Walnut Station Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Globe 8 in Bypass C-8028 8-100 Bypass Size inch Spring Rate Control Settings Function Stock No. Catalog No. Pilot One 1/2 20-200 psi 73 psi Pressure Relief 79222-02 CRL 201 S. Mountain View, Santa Ana, CA 92704 West Station Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Globe 52-03 10in Pressure Relief 73064-06 SOK Pressure Relief Size inch Spring Rate Function Stock No. Catalog No. Pilot One 1/2 Pressure Relief Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Hytrol 131-XX 16 in 72862-06 206-3A-IARC Altitude Size inch Spring Rate Function Stock No. Catalog No. Pilot One 3/8 30-130 psi C9320 CRA 14th St. & Poinsetta St. Santa Ana. CA 92703 Elevated Tank Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Globe 210-01 16 in Pressure Relief 73064-06 SOK Altitude I Size inch Spring Rate Function Stock No. Catalog No. Pilot One 1/2 Pressure Relief City Council Page 2 21 — 52 8/6/2024 Cla-Val_Appendix A System Wells 730 E Memory Ln, Santa Ana, CA 92706 Well 28 Main Unit Main Valve Type Model Size Function Stock No. Catalog No. Globe 6 in Blow Off TV - 4940 Blow Off Pilot One Size inch Spring Rate Function Stock No. Catalog No. 1/2 50-150 psi Pressure Relief C9288 CRL 1718 N Sydney PI, Santa Ana CA 92706 Well 35 Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Angle 2100G gin Blow Off 50-01-1414C 8-50-018 Blow Off Size inch Spring Rate Function Stock No. Catalog No. Pilot One 1/2 20-200 psi Pressure Relief 79222-02C CRL 2007 W McFadden. Santa Ana CA 92704 Well 37 Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Angle 2100G gin Blow Off 50-01-1414C 8-50-018 Blow Off Size inch Spring Rate Function Stock No. Catalog No. Pilot One 1/2 20-200 psi Pressure Relief 79222-02C CRL 2736 N Cambridge St, Santa Ana, CA 90701 Well38(Pending Construction Main Unit Main Valve Type Angle Model Size Function 8 Blow Off Stock No. 136-03-28286 Catalog No. 136-036MPW Blow Off Pilot One Size inch 1/2 Spring Rate 20-200 psi Function Pressure Relief Stock No. 79222-02C Catalog No. CRL 1753 E. Fruit St, Santa Ana, CA 92701 Well 40 Main Valve Type Model Size Function Stock No. Catalog No. Blow Off Main Unit Deep Well Pump 10" Blowoff 61-02-452F 61-02 Control Main Valve Type Model Size Function Stock No. Catalog No. Main Unit X102 Flow Limiter 10" 52-03-982A 52-03 Surage Size inch Spring Rate Function Stock No. Catalog No. Anticipator Pilot One 1/2" 20-200 psi Pressure Relief Size inch Spring Rate Function Stock No. Catalog No. Pilot Two 3/8" 30-300 psi Pressure Relief Well 40 PFAS Train 1 Main Valve Type Model Size Function Stock No. Catalog No. Blow Off Main Unit Hytrol 50-01 4" Blowoff 50-01-10916C 50-016P Main Valve Type Model Size Function Stock No. Catalog No. Blow Off Main Unit Hytrol 50-01 4" Blowoff 50-01-10916C 50-016P Well 40 PFAS Train 2 Main Valve Type Model Size Function Stock No. Catalog No. Blow Off Main Unit Hytrol 50-01 4" Blowoff 50-01-10916C 50-016P Main Valve Type Model Size Function Stock No. Catalog No. Blow Off Main Unit Hytrol 50-01 4" Blowoff 50-01-10916C 50-016P 907 3/4 N. Flower St, Santa Ana, CA 92703 Well 41 Main Valve Type Model Size Function Stock No. Catalog No. Blow Off Main Unit Deep Well Pump 8" Blow Off 61-02 Control Main Unit Main Valve Type X102 Flow Limiter Model Size 8" Function Surage Anticipator Stock No. 840A Catalog No. 52-03 Pilot One Size inch 1/2 Spring Rate 20-200 psi Function Pressure Relief Stock No. Catalog No. Surage Anticipator Pilot Two Size inch 3/8" Spring Rate 30-300 psi Function Pressure Relief Stock No. Catalog No. City Council 21 — 53 8/6/2024 Cla-Val_Appendix A Reservoir Wells 2736 N Cambridge St, Santa Ana, CA 90701 Well 24 Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Angle 2100G gin Blow Off 50-01-14140 50-016 Blow Off Size inch Spring Rate Function Stock No. Catalog No. Pilot One 1/2 20-200 psi Pressure Relief 79222-02C CRL 907 3/4 N. Flower St, Santa Ana, CA 92703 Well 27 Main Valve Type Model Size Function Stock No. Catalog No. Main Unit Deep Well Pump 8" Blow Off 61-02 Blow Off Control Size inch Spring Rate Function Stock No. Catalog No. Pilot One 1/2 20-200 psi Pressure Relief 79222-02C CRL 1727 W Alton Ave. Santa Ana. CA 92705 Well 34 Blow Off Main Unit Main Valve Type Angle Model Size 6 in Function Blow Off Stock No. 50-01-4806 Catalog No. 6-50-016 Pilot One Size inch Spring Rate Function Stock No. 1/2 20-200 psi Pressure Relief 79222-02C Catalog No. CRL City Council 21 — 54 8/6/2024 EXHIBIT 2 AGREEMENT TO PROVIDE FLOW CONTROL VALVE MAINTENANCE, REHABILITATION, AND REPLACEMENT SERVICES THIS AGREEMENT is made and entered into on this 61h day of August 2024 by and between Griswold Industries dba Cla-Val ("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"). RFCITAI,C A. On April 11, 2024, the City issued Request for Proposal No. 24-050, by which it sought a contractor to provide preventative maintenance, rehabilitation, and replacement services for the City's water pressure reducing and pressure sustaining valves. B. Contractor submitted a 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. 24-050. 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 consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Compensation - Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $1,250,000. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for an initial three-year Page 1 of 10 City Council 21 — 55 8/6/2024 term and terminate on August 5, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for a single, two-year extension 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. 7. INSURANCE Page 2 of 10 City Council 21 — 56 8/6/2024 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 for the entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Contractor. a. Minimum Scope and Limit of Insurance 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit no less than $1,000,000 combined single limits. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Broader Coverage: if the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions 1. Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Contractor's CGL, Professional Liability, and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connectionwith such work or operations. 2. Waiver of Subrogation: Contractor hereby grants to City a waiver of any right to subrogation that any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Page 3 of 10 City Council 21 — 57 8/6/2024 3. Primary Coverage: For any claims related to this contract, the Contractor's insurance coverage shall be primary. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 4. Severability of Interest: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non- payment of premium. 6. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 7. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. 8. Claims Made Policies: If any of the required policies provide coverage on a claims -made basis: (1) the Retroactive Date must be shown and must be before the date of the contract; (2) Insurance must be maintained and evidence of insurance must be provided for at least three years after completion of work; (3) If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three years after completion of work. 9. Verification of Coverage: Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Page 4 of 10 City Council 21 — 58 8/6/2024 10. Subcontractors: Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. 11. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8. to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by Page 5 of 10 City Council 21 — 59 8/6/2024 law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument Page 6of10 City Council 21 — 60 8/6/2024 signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. Page 7 of 10 City Council 21 — 61 8/6/2024 19. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Water Resources Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Griswold Industries Attn: David Koeblitz, CFO and John Link, EVP 1701 Placentia Avenue Costa Mesa, CA 92627 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, Page 8 of 10 City Council 21 — 62 8/6/2024 communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 21. MISCELLANEOUS PROVISIONS 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. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Contractor is providing services not contemplated by this Agreement. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [signature page follows] Page 9 of 10 City Council 21 — 63 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: t Kyle Nifiesen Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez, Acting City Manager CONTRACTOR: Digitally signed by David Koeblitz, David Koeblitz, CFO CFO Date: 2024.07.0912:19:24-07'00' David Koeblitz CFO 7/9/24 An Link Executive Vice President Page 10 of 10 City Council 21 — 64 8/6/2024 EXHIBIT A SCOPE OF SERVICES City Council 21 — 65 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM SCOPE OF WORK Introduction and Background: The City of Santa Ana is located in the heart of Orange County, California and is approximately 27 square miles. The City provides potable drinking water for all of the City's residents and businesses. The City's water production system consists of 22 wells, 4 pressure control stations, 7 Metropolitan Water District connections, 7 water booster stations and 8 reservoirs and 2 sanitary sewer lift stations. Control and monitoring of the water system and sewer facilities is coordinated via the City SCADA system using a series of radios to send and receive data from remote locations to the City Home SCADA control room. Flow and pressure control through the water system is achieved using Cla-Val valves per Appendix A. Description of Work: The City is requesting proposals for the purpose of rehabilitating, replacing and maintaining all Cla-Val pressure control valves within the water production facilities. All replacement and procured valves in the contract shall be Cla-Val, no exceptions. The contract term shall be for three years with a City option to renew for one additional 2-year term. The Contractor will be expected to hold firm pricing on all contract items supplied for the duration of the contract. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The Contractor shall provide all labor, materials, services, and equipment necessary for flow control valve maintenance, repair, and procurement services. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations. In addition, the Contractor must be able to respond to City's request for emergency repair work on a timely manner. Business hours are considered from 7.00 A.M. to 5.00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. All services, equipment and materials provided by the Consultant must be in accordance with all applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time. Contractor Responsibilities: I. INSPECTION/PREVENTATIVE MAINTANENCE SERVICES (BID ITEMS 1-3) Inspection services shall include annual examination of all valves and any pilot valve systems associated with the valves listed in Appendix A. The Contractor shall perform preventative maintenance every 12 months at each valve system in order to elongate the lifespan of the valves and to determine how the operating conditions of the system are affecting the valve. In addition to preventative maintenance, the Contractor shall, upon request from the City, deploy to any valve and/or pilot valve site and perform a working inspection of the existing valve if the City encounters any valve operational issues. The preventative maintenance inspection shall verify the working condition of the valve. C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMR.effoilitation Services 8/6/2024 Page 14 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Preventative maintenance should consist of, but is not limited to the following: a. Removal of lime deposits/mineral buildup from the valve stem and other metal parts b. Inspect parts (diaphragm, pilot valves, disk plate, solenoids, valve body, tubing, anti -cavitation parts (knock -outs), etc.) c. Calibrate pilot control settings (pressure and flow, altitude valves, etc.) d. Maintain and clean the strainers and valve body e. Exercise the valves f. Check the pilot tubing for leaks g. Inspect pilot disc retainers h. Confirm that the diaphragm assembly is properly functioning Preferably, preventative maintenance should be accomplished without removing the valve from the line. However, if removal of the valve is required, the Contractor shall notify City staff prior to performing the work. Upon completion of inspection and maintenance services, the Contractor shall also ensure all tags and/or reference markers on valves and appurtenances are up to date with the most accurate information such as model number, serial number, etc. In the event, the Contractor encounters outdated valves in need of replacement, the Contractor shall recommend retrofitting old valves with up to date new valves that meet or surpass industry standards. Within ten (10) business days of completing maintenance services on the City's Cla-Val's, the Contractor shall provide a service report to the City of Santa Ana. The Contractor shall follow up with City personnel and notify City staff on any issues encountered in the field regarding requiring additional parts. The Contractor shall state all findings, if any, along with a proposed scope of work and complete cost estimates for any recommended equipment repairs and/or replacement. II. REPAIR SERVICES (BID ITEMS 4-9) The Contractor shall repair or replace any parts of the valve found to be worn or otherwise in need of replacement. All internal parts of the valve shall be cleaned of mineral deposits prior to reassembly of the valve. When required (typically every 5 years), complete valve rebuilds/rehabilitations should be performed in which the main valve and its respective pilot controls are cleaned internally, all rubber parts are replaced, and all metal parts replaced where needed. All repairs and rehabilitations shall be made in accordance with Cla-Val guidelines and as directed by the City. The Contractor shall be factory trained in maintaining all piloting systems offered by Cla-Val and shall fix/repair all piloting systems in accordance with Cla-Val guidelines and as directed by the City. Work under this section shall also include full valve replacement complete with all necessary pilot systems and/or electronic controls. Valves listed in Appendix A are representative of the majority of the Cla-Val valves in use in the City but is not a complete listing. The City acknowledges that additional costs will be incurred for C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMIRWI&hilitation Services 8/6/2024 Page 15 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM pilot system repairs and will vary depending upon the type of piloting system on each valve. Assume that a full repair of the valve will include costs for replacement of all parts that could be replaced in a standard Cla-Val diaphragm valve. For bidding purposes, assume repair of the following components; replacement of disk and seat on Cla-Val on the following models for various sizes as listed on the Fee Schedule: 1. Model90-01 2. Model50-01 3. Model52-03 4. Model 61-02 5. Model100-01 The Contractor shall solely use Cla-Val parts for replacement, repair, and maintenance of all components of the City's valves. III. NEW VALVES AND PROCUREMENT SERVICES (BID ITEMS 10-11) If the Contractor has determined rehabilitation of a valve system is not feasible or at the City's direction, replacement of the valve with a new valve shall take place. Furthermore, if the cost to repair the valve exceeds 50% of the cost to replace, replacement of the valve with a new valve shall take precedence. When work includes the replacement of valves, the Contractor shall be responsible for removal of the existing valve and installation of the new replacement valve. The Contractor shall also be responsible for supply, installation, calibration and testing of the new replacement valve. IV. INSTRUMENTATION AND CONTROL SERVICES The Contractor shall also have experience incorporating instrumentation and remote/local valve control on existing and future valve components in the City. The City currently utilizes electronic valve controllers (Model VC-22D), which serves as an interface between the City's SCADA system, the valve, and other devices installed on or around the valve. The Contractor shall have expertise in customizing the aforementioned valve controller with the Cla-Val trademarked standard and customized ValvApps to meet the City's operational requirements specific to each site. The Contractor shall be able to provide the following customization inputs and outputs for the valve controllers upon City request: 1. Valve Regulation 2. Differential Pressure Monitoring 3. Retransmission (1) Analog Inputs (2) Digital Inputs 4. Solenoid Outputs 5. Relay Outputs 6. Actions/Alarms 7. Communication C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arjMRoo@ilitation Services 8/6/2024 Page 16 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 8. Control Logic V. VALVES TRAINING SERVICES Upon request, the Contractor shall provide in depth training on flow control valve operation, maintenance, and repair techniques that optimize staff management of the system. Classes shall include training materials and resources to further assist City Staff in the operation and maintenance of the flow control valves specific to the system. Upon request, the Contractor shall provide training classes in the field and/or in a controlled class setting at certified Cla-Val facilities following the manufacture's guidelines and operating techniques. VI. VALUE ADDED RELATED SERVICES The Contractor may propose additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. All parts and materials must be supplied new and Cla-Val factory approved. VII. SUBCONTRACTORS The use of Subcontractors is allowed, but will require approval by City prior to start of any assigned work. Upon commencement of work, the Contractor shall be responsible for services provided by any subcontractor as if Contractor were providing the services with its own organization. When a Subcontractor performs all or any part of the work, a markup shall be applied to the Subcontractor's actual cost of such work. The Contractor may add a markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the work may be added by the Contractor. VIII. PROJECT MANAGEMENT & COORDINATION When a request for service is issued to the City, the Contractor shall issue an estimate to the City's designated Project Manager. The Contractor shall not proceed with any work without the approval of the City's designated project manager. Contractors shall invoice the City on a monthly basis for all work performed during the period or provide a one-time invoice at the completion of work issued. Each invoice shall be accompanied by a summary of tasks performed, contract agreement number, results and progress on long- term tasks if any. IX. CODE COMPLIANCE All materials and workmanship shall be in strict conformity with standards of the latest editions including revisions of the following: • American Society of Civil Engineers (ASCE) C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMR.efoilitation Services 8/6/2024 Page 17 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM • American Society of Mechanical Engineers (ASME) • State Department of Industrial Safety (CAL/OSHA) • California Code of Regulations (CCR) • Local, State, and Federal Building Codes • City of Santa Ana Standards X. MINIMUM QUALIFICATIONS The Contractor shall meet the following minimum qualifications: 1. All work is to be performed in compliance with all applicable codes, ordinances, laws, standards, due care, and Occupational Safety and Health Administration (OSHA) safety requirements. 2. Be factory authorized, trained and knowledgeable in Cla-Val valves for maintenance, operation and installation. (Provide proof of training upon issuance of a contract with the City) 3. The Consultant shall have a minimum of five (5) years of experience in the services described in ATTACHMENT 1: SCOPE OF SERVICES. 4. Be confined space entry certified as well as possess state and local permits, licenses and certificates required by law to commence, carry, and complete the work. 5. Have access to factory direct inventory for replacement parts, new valves and related appurtenances. 6. Provide all necessary equipment to competently perform and complete work as specified. XI. SAFETY Proposer shall be solely and completely responsible for the condition of the project site, including safety of all persons and properties during the performance of the work. In addition, proper safety equipment must be worn at all times. These requirements shall apply continuously until the contract is terminated and shall not be limited to normal working hours. The Contractor/Consultant shall assure that each employee or subcontractor under the contractor's supervision is trained in the work practices necessary to safely perform his or her job. XII. INSURANCE REQUIREMENTS The successful bidders shall furnish the City with original copies of valid insurance policies herein required upon execution of the contract and shall maintain said policies in full force and effect at all times during the term of this contract. Said insurance policies shall comply with all requirements set forth in these specifications. The Contractor shall keep a current certificate of insurance at the City of Santa Ana at all times and shall immediately report any changes to the City. XIII. MARKUP C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance ariMIR 7toilitation Services 8/6/2024 Page 18 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM The following markup percentages shall be added to the Contractor's costs and shall constitute the markup for all overhead and profits (to the sum of the costs and markups, one (1) percent shall be added as compensation for bonding): 1) Labor......................................................................................................20 2) Materials................................................................................................15 3) Equipment Rental...................................................................................15 4) Other Items and Expenditures................................................................15 XIV. FEE SCHEDULE: Contractor shall submit a fee schedule as described in Section III.B.3 of RFP. No separately stated freight or deliveries will be considered. Bidders shall include all costs in the unit price bid. Furthermore, the Contractor shall submit additional labor, material and rental equipment rates along with fee schedule. Contractor's labor and equipment rate sheet shall list rates for all labor designations, equipment, rentals, and materials. The bid items specified in the fee schedule are for reference purposes only. Labor increases shall be subject to mutually agreeable terms between the City and the Contractor. The City may request related services that will be paid at the vendor's standard labor and equipment rate submitted. Fee proposal shall be outlined as follows: ---End of SCOPE OF WORK Section--- C otg of Santa Ana RFP 74-n5n City Council Flow Control Valve Maintenance arJMR.eFftilitation Services 8/6/2024 Page 19 EXHIBIT B COMPENSATION City Council 21 — 72 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM APPENDIX ATTACHMENT 2: FEE PROPOSAL Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Appendix: Attachment 1) and am familiar with the scope of work. I am familiar with all the existing conditions and limitations that may impact work requests. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. Proposer shall submit hourly rates schedule, which shall include but not limited to, direct and indirect costs for labor, for staff per job classification, material, equipment rates, overhead, incidental supplies, travel, mileage, and fuel. Any special materials will be purchased by the contractor only after discussed and authorized by the City projects manager or designee in writing. Prior to commencement of services, Contractor shall provide separate quotes, upon request by the City, which shall be approved by the City's Public Works Agency. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: 94�swo l j lY►�-uSfri cs b 6A 041- Val Bid Item Unit Quantity Unit Price Amount 1. Labor 1 Man Prevailing Wage HR 200 $ ,3S ODO. 00 2. Labor Men Prevailing Wage HR 200 $ LL/O.UU �000.00 3. Travel Per Day EA 25 $ 3y�.� $0 Model 50-01 4. Repair 4" Pressure Control Valve Rubber EA 20 $ gas yy ///] 1 $ , 6*0 g- go i Rebuilds for Main Valve and Pilot - 5 Repair 6" Pressure Control Valve Rubber EA 5 $ tOS. AY $2° 7/ -20 Rebuilds for Main Valve and Pilot 6 Repair 8" Pressure Control Valve Rubber EA 5 c1 $ 7�� L�S $9• �0 Rebuilds for Main Valve and Pilot 7 Repair 10" Pressure Control Valve Rubber EA 2 ,/ $ 6d 0. LIP $ fi-360 sO Rebuilds for Main Valve and Pilot 8. Complete New 4" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot 6 yFy Ov $ j bSd•0O System, Opening &Closing Speed EA 20 $� I ag Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services Page 20 City Council 21 — 73 8/6/2024 CITY OF SANTA ANA RFP NO_: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 9. Complete New 6" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 5 $ 9, 70,00 $ Controls, Up Stream & Downstream T Pressure Gauges, X101 Valve Position Indicator 10. Complete New 8" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 5 $ 5/2.Op $ 6y, 211D. 00 Controls, Up Stream & Downstream �— Pressure Gauges, X101 Valve Position Indicator 11. Complete New 10" Model 50-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ASS DO $ 34, 310.00 Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator Model 52-03 12. Repair 10" Pressure Control Valve Rubber Rebuilds for Main Valve Pilot EA 4 q u %6 $� • 67 and $ /.�0• 13. Complete New 10" Model 52-03 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 4 p Sby 00 $ CIO 2,54'• 0 b Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator Model 61-02 14. Repair 10" Pump Control Valve Rubber Rebuilds for Main Valve and Pilot EA 1 $ 4.50. /b $ 65y. 15. Complete New 10" Model 61-02 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 1 $ 2y 9e�.0U $;L Oga.00 Controls, Up Stream & Downstream Pressure Gauges, X105 Limit Switch Assembly Model90-01 16. Repair 6" Pressure Control Valve Rubber EA 5 $ 311. 6k $ )1559,(10 Rebuilds for Main Valve and Pilot 17 Repair 8" Pressure Control Valve Rubber EA 5 $ ! Y7 28• $ d 2y6�go Rebuilds for Main Valve and Pilot T 18 Repair 10" Pressure Control Valve Rubber EA 5 $ foloiv, UU $ 3 330,00 Rebuilds for Main Valve and Pilot 11 City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services Page 21 City Council 21 — 74 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Repair 12" Pressure Control Valve Rubber EA 5 $ / 63,%Z. $ 3� �17.'6O 19. Rebuilds for Main Valve and Pilot T— Repair 14" Pressure Control Valve Rubber EA 2 $ 122.(0, ��r+ $ .�• 20. Rebuilds for Main Valve and Pilot —�— 21. Repair 16" Pressure Control Valve Rubber EA 2 $ 1 292? 9-9 $ s2IS /7 74 Rebuilds for Main Valve and Pilot 22. Complete New 6" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 � $ d, 7Ss UU $ 17 .00, 00 Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 23. Complete New 8" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 sL2 W5,100 $ -2 5'70, 0(U Controls, Up Stream & Downstream �— Pressure Gauges, X101 Valve Position Indicator 24. Complete New 10" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ f 6� S 00 $ 3T0, 0 0 Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 25. Complete New 12" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot/////�'��'/ //yyyyy///���+++yy��' System, Opening & Closing Speed EA 2 $ ?I/• oc $ 7/� 4� (-k2,,00 Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 26. Complete New 14" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ Y0r_d w. Co $ �l 69�Oi 0 O Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 27. Complete New 16" Model 90-01 1501b Flanged/Epoxy Coated, Stainless Steel / � Trim, Complete Stainless Steel Pilot EA 2 $ /3 W 9 60 $ 87 749. 00 System, Opening & Closing Speed �— T Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services Page 22 City Council 21 — 75 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM Model 100-01 28 Repair 8" Pressure Control Valve Rubber EA 2 $ 350. $ 70 /. 2-9 Rebuilds for Main Valve and Pilot 29 Repair 10" Pressure Control Valve Rubber EA 2 $ aLI, 6 $ 32- — Rebuilds for Main Valve and Pilot 30. Repair 12" Pressure Control Valve Rubber EA 2 $ 707, -76 $ �,yrs, 52. Rebuilds for Main Valve and Pilot 31. Repair 14" Pressure Control Valve Rubber EA 2 $ 20(+� Zy $ 90 r Rebuilds for Main Valve and Pilot —%— 32. p EA 2 Repair 16" Pressure Control Valve Rubber $ r 27� b y $ , Rebuilds for Main Valve and Pilot 33. Complete New 8" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ 9 07y. oo $ .00 Controls, Up Stream & Downstream —�— —�-- Pressure Gauges, X101 Valve Position Indicator 34. Complete New 10" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ 13� 00 s —24,V , 00 Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 35. Complete New 12" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ Z�17, 00 L $ '73� (,51%00 Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator 36. Complete New 14" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ 3 J7�, 00 $ 7613s% • 00 Controls, Up Stream & Downstream �+s�� Pressure Gauges, X101 Valve Position Indicator 37. Complete New 16" Model 100-01 1501b Flanged/Epoxy Coated, Stainless Steel Trim, Complete Stainless Steel Pilot System, Opening & Closing Speed EA 2 $ 7 u o 009r) 00 $ 81 7(.,0. DO Controls, Up Stream & Downstream Pressure Gauges, X101 Valve Position Indicator City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services Page 23 City Council 21 — 76 8/6/2024 CITY OF SANTA ANA RFP NO.: 24-050 FLOW CONTROL VALVE MAINTENANCE PROGRAM 38. Discount off list price on unforeseen % N/A .129 replacement parts Total $gZ City of Santa Ana RFP 24-050 Flow Control Valve Maintenance and Rehabilitation Services Page 24 City Council 21 — 77 8/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 22 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Hardscape Pavement Cleaning and Infectious Waste Removal AGENDA TITLE Agreement Amendment with Superior Property Services, Inc. for Hardscape Pavement Cleaning and Infectious Waste Removal Services (Non -General Fund) (Revive Santa Ana Program) RECOMMENDED ACTION Authorize the City Manager to execute the second amendment to the agreement with Superior Property Services, Inc. to increase the total compensation amount by $52,500 for a total agreement amount not to exceed $2,019,068 (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) maintains the Santa Ana Civic Center as part of the Civic Center Joint Powers Authority with the County of Orange. The PWA Park Services team oversees the pressure washing, cleaning, and infectious waste removal of hardscape throughout the Civic Center. On January 24, 2022, Request for Proposals (RFP) No. 22-010 for hardscape pavement cleaning and infectious waste removal services was issued on the City's online bid management and publication system, PlanetBids. As a result of the RFP, the City Council awarded an agreement with Superior Property Services, Inc. for services from July 1, 2022 through June 30, 2026. During the term of the agreement, $700,000 of American Rescue Plan Act (ARPA) funds were identified and allocated to increase the level of pavement cleaning and infectious waste removal in city parks and other street locations (Project No. 22-1402). The City Council approved the first amendment to the agreement with Superior Property Services, Inc. on December 20, 2022 for this expansion of services. Through ARPA, the City was able to provide an increase in pressure washing and infectious waste removal from Monday through Friday, eight hours per day. To finalize and conclude this expansion of services, staff recommends increasing the current agreement with Superior Property Services, Inc. in the amount of $52,500 to pay for City Council 22 — 1 8/6/2024 Hardscape Pavement Cleaning and Infectious Waste Removal August 6, 2024 Page 2 services rendered in April and May 2024 (Exhibit 1). An additional $52,500 of ARPA funds were identified and allocated to cover this expenditure. To date, $709,500 has been paid to Superior Property Services, Inc. The remaining balance owed to fulfill this contract is $43,000. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT A proposed carryover of FY 2023-24 unspent funds in Project No. 22-1402 will be presented to the City Council for this contract. Upon approval, funds will be made available for this expenditure. City Council approval of this item will result in a total contract amount of $2,019,068 with Superior Property Services, Inc.; of which, $1,266,568 remain unchanged for the Civic Center and $752,500 for ARPA sanitation and pressure washing. Of the $752,500 ARPA portion of this contract, $709,500 has been paid to the vendor and $43,000 is still due and payable to the vendor to fulfill this contract. Fiscal Accounting Unit- Fund Accounting Unit, Amount Year Account # Description Account Description FY 24-25 18117013-66200 American Rescue ARPA — PWA Buildings & $52,500 (22-1402) Plan Act (ARPA) Building Improvements TOTAL 1 $52,500 EXHIBIT(S) 1. Second Amendment to the Agreement with Superior Property Services, Inc. Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, Acting City Manager City Council 22 — 2 8/6/2024 SECOND AMENDMENT TO AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. TO PROVIDE HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE CIVIC CENTER THIS SECOND AMENDMENT is entered into this 301' day of July 2024, by and between Superior Properties Services, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 17, 2022, the parties entered into Agreement No. A-2022-076 ("Agreement") to conduct hardscape pavement cleaning and infectious waste removal services in the Civic Center. B. On December 20, 2022, the parties amended the Agreement to increase the compensation, expand the services citywide, and to state that the additional amounts to be expended under the Agreement will be from funds provided by the American Rescue Plan Act ("ARPA") (A-2022-247). C. Through ARPA, the City was able provide an increase in pressure washing and infectious waste removal from Monday through Friday (8 hours per day). To finalize and conclude this expansion of services will require an increase of funding to the current Agreement in the amount of $52,500.00 to pay for services previously rendered by Consultant in April 2024 and May 2024. An additional $52,500.00 of ARPA funds were identified and allocated to cover this expenditure. The Parties therefore agree: 1. Section 2, Compensation, shall be amended to increase the total compensation under the Agreement by utilizing an additional $52,500.00 from ARPA/REVIVE Santa Ana funds. The total sum to be expended under this Agreement, as amended, including any extension periods, shall not exceed $2,019,068.00. 2. This shall be the final amendment to the Agreement. 3. Except as herein modified, all terms and conditions of the Agreement, as amended, shall remain in full force and effect. [Signatures appear on the following page] Page 1 of 2 City Council 22 — 3 8/6/2024 SIGNATURE PAGE SECOND AMENDMENT TO AGREEMENT WITH SUPERIOR PROPERTY SERVICES, INC. TO PROVIDE HARDSCAPE PAVEMENT CLEANING AND INFECTIOUS WASTE REMOVAL SERVICES IN THE CIVIC CENTER IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST Jennifer L. Hall City Clerk APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: onathan T. Martine Assistant City Attorney RECOMMENDED FOR APPROVAL N a b i I Sa ba egj�$�lysig�ed�yas9aba Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager SUPERIOR PROPERTY SERVICES, INC. By: iv y "Title: t Page 2 of 2 City Council 22 — 4 8/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 23 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Fleet Electrification and Electric Vehicle Charging Master Plan AGENDA TITLE Agreement with ICF Incorporated, LLC to Develop a Fleet Electrification & EV Charging Master Plan and City Fleet Policies (RFP No. 24-002) (General Fund and Non -General Fund) RECOMMENDED ACTION 1. Approve an appropriation adjustment recognizing $73,179 of prior -year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account and appropriate the same amount into the Equipment Replacement Fund, Contract Services -Professional expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an agreement with ICF Incorporated, LLC to develop a Fleet Electrification and EV Charging Master Plan and City Fleet Policies in the amount of $150,590, plus a contingency of $22,589, for a three-year period beginning August 6, 2024 and expiring August 5, 2027, with provisions for two one- year extensions (Agreement No. A-2024-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency's Parks, Fleet, and Facilities Services Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. Fleet Services strives to stay abreast of fleet regulations and fleet trends that embrace alternative fuel and reduction of greenhouse emissions. The Advanced Clean Fleets (ACF) Regulation, a mandate developed by the California Air Resources Board (CARB), aims to improve air quality to protect the public health and welfare of Californians. The latest ACF regulation is one of several regulations that contribute towards meeting the goals in Governor Newsom's Executive Order N-79-20. The ACF regulation requires fleets to phase -in the use of Zero -Emission Vehicles (ZEVs). The City of Santa Ana is subject to this regulation. Beginning January 1, 2024, affected fleets must comply with the ACF regulation by ensuring that 50% of their annual vehicle purchases per calendar year with a gross vehicle weight rating greater City Council 23 — 1 8/6/2024 Fleet Electrification and Electric Vehicle Charging Master Plan August 6, 2024 Page 2 than 8,500 are ZEVs. Beginning January 1, 2027, 100% of vehicle purchases must be ZEVs. To navigate the transition, staff recommends approving an agreement with ICF Incorporated, LLC. Their experience in fleet electrification assessments, vehicle acquisition plans, charging infrastructure plans, understanding of complex fleet regulations, and knowledge of California's EV market makes them a leader in fleet electrification. ICF Incorporated, LLC will assess the City's existing fleet composition, infrastructure, and policies to develop a comprehensive Fleet Electrification and Electric Vehicle Charging Master Plan, a roadmap towards fleet electrification. The Request for Proposals (RFP) No. 24-002 was issued on January 11, 2024 on the City's online bid management publication system, PlanetBids. A summary of vendor participation is as follows: 271 Vendors notified 1 Santa Ana vendors notified 64 Vendors downloaded the bid packet 9 Bids received 0 Bids received from Santa Ana vendors Proposals were solicited, opened on February 27, 2024, and evaluated. Nine proposals were submitted by the RFP deadline and eight were determined to be responsible, responsive to the specifications, and met the City's requirements. An evaluation committee with experience in fleet management, engineering, and facilities evaluated all responsive proposals according to the RFP criteria. The following summarizes the results of the evaluation. Firm ICF Incorporated, LLC AECOM Technical Services, Inc Black & Veatch Corporation Frontier Energy, Inc Mercury Associates, Inc Makers Architecture and Urban Design, LLP Matrix Consulting Group, LTD Jones Lang LaSalle Americas, Inc Location Rank Irvine, CA 1 Orange, CA 2 Irvine, CA 3 Pleasanton, CA 4 Charleston, SC 5 San Diego, CA 6 San Mateo, CA 7 Washington, DC 8 Staff recommends awarding an agreement to the highest ranked firm, ICF Incorporated, LLC, whom has the expert skills, knowledge, and experience to accomplish the City's objective to comply with State regulations toward fleet electrification and development of City fleet policies (Exhibit 1). City Council 23 — 2 8/6/2024 Fleet Electrification and Electric Vehicle Charging Master Plan August 6, 2024 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT With the approval of the requested appropriation adjustment, $73,179 will be recognized in prior -year fund balance in the Equipment Replacement Fund, Prior Year Carry Forward revenue account (No. 07017002-50001) and appropriate the same amount into the Equipment Replacement Fund, Contract Services -Professional expenditure account (No. 07017100-62300). Funds will be available for this expenditure in the accounts below. Any remaining balances not expended by the end of FY 2024-25 will be presented to the City Council for approval of carry-overs to FY 2025-26. Fiscal Year Accounting Fund Accounting Unit, Amount Unit -Account # Description Account Description PWA — Service 2024-25 01117017-62300 General Fund Enhancement, Contract $100,000 Services -Professional Equipment Equipment Replacement, 2024-25 07017100-62300 Replacement Contract Services- $73,179 Professional TOTAL $173,179 EXHIBIT(S) 1. Agreement with ICF Incorporated, LLC Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, Acting City Manager City Council 23 — 3 8/6/2024 EXHIBIT 1 AGREEMENT WITH ICF INCORPORATED LLC TO PROVIDE FLEET ELECTRIFICATION & EV CHARGING MASTER PLAN AND FLEET POLICIES FOR THE CITY OF SANTA ANA THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by and between ICF Incorporated, LLC ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On January 11, 2024, City issued Request for Proposal ("RFP") No. 24-002, by which it sought qualified firms to provide fleet electrification and electric vehicle charging master plans, as well as fleet policies. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP 24-002. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional engineering firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform the services described in the scope of work that was included in RFP No. 24-002, which is attached as Exhibit A, and as more specifically delineated in Consultant's proposal, which is attached as Exhibit B and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $173,179. b. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above for a three-year term and terminate City Council 23 — 4 8/6/2024 on August 5, 2027, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for two, one-year extensions upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the entire City Council 23 — 5 8/6/2024 Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. a. Minimum Scope and Limit of Insurance Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) with a limit no less than $1,000,000 combined single limits. 3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. 5. Broader Coverage: if the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. b. Other Insurance Provisions Additional Insured Status: The City, its City Council, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. 2. Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation that any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. 3. Primary Coverage: For any claims related to this contract, the Consultant's insurance coverage shall be primary. Any insurance or self-insurance maintained by the City, its City Council 23 — 6 8/6/2024 officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 4. Severability of Interest: A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Self -Insured Retentions: Self -insured retentions must be declared to and approved by the City. The City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. 7. Acceptability of Insurers: Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than AXH, unless otherwise acceptable to the City. Claims Made Policies: If any of the required policies provide coverage on a claims - made basis: (1) the Retroactive Date must be shown and must be before the date of the contract; (2) Insurance must be maintained and evidence of insurance must be provided for at least three years after completion of work; (3) If coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, Consultant must purchase "extended reporting" coverage for a minimum of three years after completion of work. 9. Verification of Coverage: Consultant shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage requiredby this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. 10. Subcontractors: Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors. City Council 23 — 7 8/6/2024 11. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all third party claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Limitation of liability: notwithstanding any contrary provisions herein, in no event shall either party be liable to the other party, for any lost profits or incidental, consequential, special, punitive, or indirect damages under the Agreement, regardless of whether advised of the possibility of such damages and in no event shall either party's liability for damages under this Agreement exceed the value of the Agreement. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of City Council 23 — 8 8/6/2024 such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, City Council 23 — 9 8/6/2024 inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other contractors retained by City. 16. TERNUNATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subj ect to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 18. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by City Council 23 — 10 8/6/2024 the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. 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. 21. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by First class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Nabil Saba Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Fax: 714-647-5635 To Consultant: ICF Incorporated, LLC 1902 Reston Metro Plaza Reston, VA 20190 (213) 312-1707 City Council 23 —11 8/6/2024 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Kyle Y91esen Assistant City Attorney RECOMMENDED FOR APPROVAL: N a b i l Saba o9ezoz4.07.22 1 31:30Saba Nabil Saba Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager ICF INCORPORATED LLC: Name: Rhonda Hall Title: sr. Contracts Administrator City Council 23 — 12 8/6/2024 EXHIBIT A - SCOPE OF WORK (9) CITY OF SANTA ANA EXHIBIT I SCOPE OF SERVICES Contractor shall perform services as set forth below. I. CONTRACTOR RESPONSIBILITIES The Consultant shall provide all labor, materials, services, and equipment necessary for the development of a comprehensive Fleet Electrification & Electric Vehicle (EV) Charging Master Plan and City Fleet Policies. The proposed Master Plan and Fleet Policies shall serve as a framework to guide decisions on growth, development, and management of the City's fleet services. The assessments shall be conducted in accordance with well -established industry standards. The assessment shall be performed by individuals trains and licensed and/or certified in construction, engineering, and/or architecture for the specific building systems they are assessing. All work shall be in accordance with applicable practices and shall conform to all applicable laws, codes and regulations. Business hours are considered from 7:00 A.M. to 5:00 P.M. (Monday through Friday). Any time outside of business hours of operation may be considered after hours/weekends. All services, equipment and materials provided by the Consultant must be in accordance with applicable Federal, State and local regulations, laws, and codes. The City reserves the right to modify the scope of the project at any time. II. SERVICE The Consultant shall provide professional consulting services and is expected to fulfill the requirements described in the Scope of Services to accomplish the City's objective of electrifying the City's fleet and updating the City's fleet policies. The Consultant is expected to provide suggestions other than those listed in the Scope of Services, which they believe would be of value to producing master plan that reflects the unique nature of the City of Santa Ana. Suggestions which require the Consultant to provide a service that may cause a cost increase are to be shown as "Value Added Costs." Upon final selection, the Scope of Services may be modified and/or refined as needed. It is important to note that emergency vehicles defined in California Vehicle Code § 165 are exempt from Califorinia electrification mandates. The Scope of Services is organized into the following tasks: TASK 1 — PROJECT KICK-OFF Project Kick -Off Meeting The Consultant will facilitate a kick-off meeting with key City Staff to receive available information related to the project, identify and discuss any technical issues, identify and discuss relevant regulations, coordinate City Staff/Consultant responsibilities, and refine the project schedule. City Council 23 — 13 8/6/2024 (9) CITY OF SANTA ANA TASK 2 — REVIEW OF POLICIES, DOCUMENTS, AN EXISTING CITY FLEET AND INFRASTRUCTURE The Consultant shall review policies and documents that are relevant to the development of the final Fleet Electrification & Electric Vehicle Charging Master Plan and City Fleet Policies. The Consultant shall obtain from the City, where available, existing policies and data prior to the commencement of the assessments. TASK 3 — ELECTRIC VEHICLE AND CHARGING STATION ASSESSMENT Electric Vehicle Assessment • Work with City Staff to evaluate the composition of the City's existing fleet, utilization patterns, locations of vehicle storage, and maintenance. The inventory shall establish a baseline for the current City fleet and electrification status. • Review the City's existing fleet policies and procurement procedures. • Identify and recommend available EV options and provide a cost analysis, including purchase, maintenance, expected useful life, and salvage value. • Provide a budget and cost analysis. • Offer insights on expected costs and estimated timelines for the availability of vehicles not currently on the market. • Create a timeline for the expected vehicle replacement schedule. • Identify incentive and financing mechanisims and other strategies that could accelerate the electrification of the City's fleet. • Include South Coast Air Quality Management District (SCAQMD) compliance considerations. • Identify barriers to the fleet electrification transition. • Provide guidance on California Air Resources Board (CARB) Advanced Clean Fleets regulation and requirements . • Provide guidance on potential paths forward for vehicles that do not clearly qualify for exemption under the various CARB regulations. Electric Vehicle Charging Equipment Assessment • Work with City Staff to evaluate the composition of the City's existing EV charging infrastructure, consumption patterns, locations of charging stations, current fee, and maintenance. • Identify site locations for EV charging infrastructure. • Determine energy requirements for the proposed fleet and existing power supply. • Identify applicable EV charging equipment options and provide acquisition and maintenance costs. • Provide a budget and cost analysis. • Provide a life cycle cost analysis of EV charging equipment. • Identify incentive and financing mechanisims. • Include South Coast Air Quality Management District (SCAQMD) compliance considerations. • Advise City Staff of infrastructure improvements necessary to meet electrical needs for charging equipment, including coordination with the utility company on electrical supply availability. City Council 23 — 14 8/6/2024 (9) CITY OF SANTA ANA Identify opportunities for public and City staff EV charging on City properties. Identify scenarios where additional off -site charging resources may be required to support fleet operations. Provide recommendations for emergency backup charging, solar generation, and storage. Deliverables Report and presentation of CARB regulations, updates, and compliance requirements. Electric Vehicle Assessment that includes vehicle replacement schedule, vehicle replacement recommendations, budget and cost analysis, regulatory compliance. Electric Vehicle Charging Equipment Assessment that includes site locations, energy requirements, infrastructure improvements, budget and cost analysis (acquisition, installation, maintenance, life cycle), emergency backup/solar recommendations. TASK 4 — DEVELOPMENT OF CITY FLEET POLICIES & STANDARDS • Work with City Staff to review existing fleet policies. • Present information to the City identifying existing policy issues and any relevant federal/state mandates. • Identify and present fleet industry standards and future developments. • Draft comprehensive, clear, and consistent fleet policies and standards; including, new and revision of existing policies. Consultant must submit the original version in Microsoft Word format. Deliverables • Using information received and developed in Task 2, 3, and 4, draft recommended policies that align with Fleet industry standards that support the Fleet operation, City objectives, and related legislation. TASK 5 — WORKFORCE & STAFFING LEVELS • Review existing City Fleet staffing levels. • Determine any changes in staffing and training required to adequately manage the electrified fleet and resources available for that training. • Provide recommendations on technical and professional development of City Staff in order to maintain, service, and repair electric fleet and infrastructure • Provide a comprehensive labor cost analysis for the repair and maintenance of EVs including estimated labor hours for common EV on repair tasks. • Provide recommendations for staffing levels for Fleet Maintenance including, technicians, project managers, and administrative staff to execute and administer the Master Plan. Deliverables • Comprehensive workforce assessment that identifies the required staffing levels to maintain, service, repair EVs and EV charging equipment, and administer the City Council 23 — 15 8/6/2024 (9) CITY OF SANTA ANA Master Plan, including labor cost assessment of repair and maintenance tasks as well as resources available for training and professional development. TASK 6 — FLEET ELECTRIFICATION & VEHICLE CHARGING MASTER PLAN The Consultant must prepare the Fleet Electrification & Vehicle Charging Master Plan that contains, but is not limited to the following: 1. Utilizing information gathered and developed in Task 3, provide a Master Plan which takes into consideration the City's anticipated needs to electrify the fleet, infrastructure to support fleet electrification, fleet policies, fleet industry standards, and CARB mandates. 2. The final Master Plan shall include, but are not limited to: • Executive Summary • Fleet Electrification Equipment Replacement Schedule • Electric Vehicle Recommendations • Carbon and Pollutant Reduction Analysis • Electric Vehicle Charging Plan • Project Budget & Analysis • Incentive Programs & Funding Sources • Workforce/Staffing Recommendations • Other Relevant/Diagrammatic Information • PowerPoint Presentation (to accompany the plan) III. VALUE ADDED RELATED SERVICES The Consultant may propose additional related services that the City has not specificially identified in this RFP to accomplish the stated goals of this RFP. Value added related services will be considered by the City and may or may not be incorporated in the agreement. City Council 23 — 16 8/6/2024 Submitted to: Michael Ortiz, Acting D.D. Public Works (Parks, Fleet, Facilities) City of Santa Ana Public Works Agency Parks, Fleet, Facilities Division 20 Civic Center Plaza Santa Ana, CA 92701 Submitted by: ICF Incorporated, L.L.C. 49 Discovery Suite 250 Irvine, CA 92618 Contact: Theodora Konstantinou, PhD Project Manager (213) 312 1707 Theodora. Konstantinou aaicf. corn This proposal includes proprietary and confidential data that shall not be disclosed outside City of Santa Ana and shall not be duplicated, used, or disclosed —in whole or in part —for any purpose other than to evaluate this proposal. The data subject to this restriction are contained in this vole I y uncl 23 — 17 8/6/2024 Cover Sheet I February 26, 2024 Michael Ortiz, Acting D.D. Public Works (Parks, Fleet, Facilities) City of Santa Ana — Public Works Agency — Parks, Fleet, Facilities Division 20 Civic Center Plaza Santa Ana, CA 92701 Subject: ICF Statement of Qualifications (SOQ) 2024-162484 in Response to Request for Proposals (RFP) titled "Fleet Electrification & Electric Vehicle Master Plan And City Fleet Policies" Dear Mr. Ortiz, ICF Incorporated, L.L.C., is pleased to submit our SOQ in response to the City of Santa Ana RFP titled "Fleet Electrification & Electric Vehicle Master Plan and City Fleet Policies." The ICF team are committed to fulfilling the entire scope of this important project and adhering to the requirements described in the City's RFP. We believe our team is exceptionally well positioned to accomplish this project for the following reasons. 0 Our team has a deep understanding and knowledge of the California EV market and policies. ICF has a rich history of involvement in California, where we have supported key initiatives for the California Energy Commission, the Southern California Association of Governments, and various municipalities throughout the state. Throughout these engagements, we have guided these agencies through the intricacies of California's complex regulatory frameworks. Moreover, our project director —Sam Pournazeri, PhD —and deputy project manager —Stephanie Kong, PhD —have joined us from CARB. During their tenure at CARB, they were part of the team that developed the Advanced Clean Fleet (ACF), and Advanced Clean Cars 2 (ACC 2) regulations. Our team also has a deep understanding of the local regulations imposed by South Coast AQMD. Over the past year, we have assisted multiple municipalities across California navigating through ACF regulation. We are a leader in fleet electrification assessment. ICF has been deeply engaged in fleet electrification planning initiatives for almost a decade. To date, we have executed electrification studies for almost 200 fleets (half of which have been municipality fleets) spanning more than 78,000 vehicles. Our comprehensive approach calls for the evaluation of current fleets, the identification of ideal electrification opportunities, and the creation of solid implementation strategies. Using our analytical tools, we have designed fleet transition plans and carried out zero emission infrastructure planning. In California, ICF is playing a pivotal role in the state's transition to zero emission transportation. We have been helping numerous municipalities and public agencies design and implement comprehensive fleet electrification plans and develop electric vehicle (EV) charging infrastructure. Our endeavors in Southern California have not gone unnoticed; a Los Angeles Times newspaper has featured our work. We have strong experience in designing tailored charging infrastructure plans for fleets. ICF boasts v� extensive expertise in the formulation of charging infrastructure plans for fleets ranging from 50 to 10,000 vehicles. We possess the necessary tools, expertise, and industry connections to ensure that our charging infrastructure recommendations are tailored to the unique needs of each fleet. We can identify the ideal EV supply equipment (EVSE) solution for each fleet, considering their operational and logistical constraints to enhance fleet efficiency and curtail energy costs, and we conduct onsite assessments at client locations to determine the optimal site layout and devise the most effective charging strategy. We look forward to hearing from you regarding the status of our proposal and welcome the opportunity for further discussion. ICF's proposal remains valid for a period of one hundred eighty (180) days from the date of submission. ICF reserves the right to review its submission, and to extend or revise its offer based on the facts known at the end of the 180-day period. We are available to discuss contractual questions and may be contacted at (703) 556-5639 or via email at Rhonda. Hall(o)icf.com. Technical questions should be directed to our proposed project manager, Dr. Theodora Konstantinou, at (213) 312 1707 or Theodora. Konstantinou(a)icf.com. Sincerely, C. 5,_1-7seph C. Moran, Senior Contracts Manager City Council 23 — 18 8/6/2024 Table of Contents CoverSheet.................................................................................................................................................................... i ServiceProvided............................................................................................................................................................1 AgreementStatement....................................................................................................................................................2 Firmand Team Experience............................................................................................................................................2 National Leadership in Fleet Electrification Programs...............................................................................................3 TeamOrganization....................................................................................................................................................5 ProposedWork Plan......................................................................................................................................................6 ProjectUnderstanding...............................................................................................................................................6 TechnicalApproach...................................................................................................................................................7 Task 1: Project Kick -Off and Project Management................................................................................................7 Task 2: Review of Policies, Documents, and Existing City Fleet and Infrastructure..............................................8 Task 3: Electric Vehicle and Charging Station Assessment..................................................................................9 Task 4: Development of City Fleet Policies and Standards.................................................................................15 Task 5: Workforce Development and Staffing Levels..........................................................................................16 Task 6: Fleet Electrification and Vehicle Charging Master Plan..........................................................................17 ProjectSchedule......................................................................................................................................................18 References...................................................................................................................................................................19 AppendixA: Key Staff Resumes..................................................................................................................................21 Appendix B: Support Staff Resumes............................................................................................................................37 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal ii City Council 23 — 19 8/6/2024 Service Provided ICF proposes a comprehensive suite of services tailored to meet the City of Santa Ana's needs for transitioning to an electrified fleet and supporting infrastructure, as outlined in their Request for Proposals (RFP) 24-002.Our approach is designed to address the city's objectives through a structured, six -task framework, ensuring a smooth transition to electric vehicles (EVs) and the establishment of a sustainable, efficient charging infrastructure. Task 1 — Project Kick -Off initiates the project with a thorough kick-off meeting, ensuring that ICF's team aligns with key City Staff on the project's scope, timeline, key milestones, potential technical issues, relevant regulations, and responsibilities. This initial step will set the foundation for a collaborative effort, refining the project schedule to meet the city's needs and expectations effectively. Task 2 — Review of Policies, Documents, and Existing City Fleet and Infrastructure involves a comprehensive review of current policies, documents, and data related to the city's fleet and infrastructure. ICF will assess these materials to understand the baseline from which the electrification efforts will be launched. This task ensures that the electrification plan is built on a solid understanding of existing conditions and practices, allowing for targeted improvements. Task 3 — Electric Vehicle and Charging Station Assessment focuses on evaluating the current state of the city's fleet and its charging infrastructure. ICF will work closely with City staff to collect the necessary fleet, EV infrastructure, and facility information, analyze vehicle usage patterns, maintenance practices, and existing fleet policies. ICF will then leverage our extensive experience and expertise along with our proven analytical tools, including our PowerGuide and FleetCHARGE models, to craft a customized fleet transition strategy and robust EV infrastructure plan tailored for the City of Santa Ana fleets. Through PowerGuide, ICF will analyze each vehicle in the current fleet and will recommend an equivalent EV, provided such an option is available and can meet the operational and financial constraints provided by the City. The fleet transition assessment will also consider factors such as SCAQMD compliance and CARB regulations, ensuring the proposed plan puts the City on a cost-effective compliance pathway with these regulations. Next, using FleetCHARGE, ICF will conduct an in-depth analysis to determine the optimal number, type, and location of charging stations, including detailed cost assessments and deployment schedules. Importantly, this detailed technical assessment will be accompanied by a specific timeline and funding strategy, providing the City with a clear, structured pathway to achieve their fleet electrification goals efficiently and effectively. Task 4 — Development of City Fleet Policies & Standards entails collaborating with City Staff to refine and develop fleet policies and standards that support the electrification goals. The focus will be on creating adaptable, forward - looking policies that facilitate efficient fleet management, compliance with environmental regulations, and the adoption of clean transportation technologies. ICF will leverage its expertise to present information on existing policy gaps, federal and state mandates, and future industry developments. This will culminate in drafting fleet policies that will equip the City with the tools necessary for a sustainable fleet transformation, focusing on the ope rationalization of these policies to achieve cost savings, efficiency improvements, and a reduced carbon footprint, all while navigating the complexities of vehicle electrification and regulatory compliance.. Task 5 — Workforce & Staffing Levels addresses the human element of the electrification process. ICF will evaluate current staffing levels and training needs to ensure the city's workforce is equipped to manage, service, and repair the electrified fleet and its supporting infrastructure. Recommendations will be made for technical and professional development, along with a detailed labor cost analysis for EV maintenance. This is to ensure that City can minimize operation disruptions, optimize efficiency, and ensure the successful implementation of the Master Plan. Task 6 — Fleet Electrification & Vehicle Charging Master Plan is the culmination of the project, where ICF will integrate all information gathered and developed in the previous tasks into a comprehensive Master Plan. This plan will outline strategies for fleet electrification, charging infrastructure development, budget analysis, and incentive program identification. The plan will also include workforce recommendations and an executive summary, accompanied by a detailed PowerPoint presentation for city stakeholders. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 20 8/6/2024 Our close proximity to the project stakeholders allows us for expedited communication and swift response times, ensuring smoother project progression. Most of the key project staff are located in California: our project manager, Dr. Theodora Konstantinou is based in Los Angeles and our deputy project manager, Dr. Stephanie Kong, is based in Orange County. Our entire project staff is dedicated to the development of high -quality deliverables that meet and exceed client expectations. We strive to deliver work products that are technically accurate and delivered according to the established project schedule. It is the responsibility of our project management team to ensure that all services our team provide are of the highest quality and consistent with the City's objectives, contractual requirements, and applicable laws, codes, and standards. Agreement Statement ICF would like to submit the exceptions below in response to the sample Agreement. 7. Indemnification Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all third party claims for damages, just compensation, restitution, judicial or equitable relief suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and reasonable 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. The City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. ICF would like to request to include the clause below: Limitation of liability: notwithstanding any contrary provisions herein, in no event shall either party be liable to the other party, for any lost profits or incidental, consequential, special, punitive, or indirect damages under the agreement, regardless of whether advised of the possibility of such damages and in no event shall either party's liability for damages under this agreement exceed the value of the agreement. Firm and Team Experience ICF is a leading global consulting firm, renowned for taking on the world's most pressing I social and environmental issues with a deep understanding of transportation, energy, and climate change. For over 50 years, ICF has partnered with governments, corporations, and multilateral organizations worldwide, delivering strategic value to client► programs at every stage. With a network of 75 offices and almost 10,000 employees, we 7711 provide unparalleled expertise and problem -solving capabilities, delivering innovative solutions to complex transportation policy, planning, and programming challenges. When it comes to creating a sustainable future, ICF is the trusted partner of choice. FI CF Headquarter Address 1902 Reston Metro Plaza, Reston, VA 20190 ICF Nearest Address Serving the City of Santa Ana 49 Discovery, Suite 250, Irvine, CA 92618 Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 21 8/6/2024 National Leadership in Fleet Electrification Programs We pride ourselves on being a national leader in fleet electrification. The chart in Exhibit 1 displays our diverse and extensive portfolio in this domain. To date, we have conducted fleet electrification studies for almost 200 fleets ranging in size from 50 to 5,000 vehicles. Among these include some of the major local and regional agencies in the United States, such as the cities of Laguna Beach, CA; Lodi, CA; Pittsburg, CA; Raleigh, NC; Honolulu, HI; Iowa City, IA; Colorado Springs, CO; and Baltimore, MD; the Los Angeles County Metropolitan Transportation Authority (Metro); Santa Clara County, CA; the Southern California Association of Governments S( CAG); the San Diego Association of Governments SA( NDAG); and numerous other agencies within and outside of California. Exhibit 1. ICF has conducted fleet electrification studies for fleets across many sectors. Transit Utility Federal Agency Authority State Agency 4 2 Public University 10 g Tribal Entity 4 ter i Moreover, we have recently initiated an effort supporting the Los Angeles Unified School District (LAUSD), the second-largest school district in the country, to conduct a comprehensive fleet electrification and EV charging assessment. Our role spans the entire project lifecycle, which includes conducting initial site assessments, developing program requirements, overseeing project permitting, conducting inspections, and documenting commissioning activities. Our track record of successful projects demonstrates our commitment to creating innovative, effective solutions that make a real difference in our clients' communities. The comprehensive scope of ICF's work in transportation and fleet electrification is succinctly depicted in Exhibit 2, which highlights our extensive experience, nationwide coverage, and capabilities. Exhibit 2. ICF has an extensive transportation and fleet electrification portfolio. Transportation Electrification O Fleet Advisory O Rebates 5 Seattle City Light SMUD ETC PIG -� TANOf RIM11001 f, PM .� IiNNRIL ccaKx cveG w O (6L�'1� ��Central tralc�,°rein!. �uewroaK NYSERQA CenSral Hudson w=�u�=� IN k71PT VTILTES IN City of '0�"`0 Y4 ConsumorsEoergy Philadelphia natlonalgrid COLRI RR IiS° r1 A � eA11P11rt EVERS'<URCE Collins /'► C�_ atlantic city v electric, Colorado spies . b9e Maryland CAdm,rnstrat,on fw, DUKE . Nf� Metro Electric cbop9fatives ENERGY. +� L 0 Raleigh �^eC1=Ye, � ENERGY SAN ConterPoint, �-- ti-S. f�ePa�meM W =mPSPORa,lon DIEGO-) �� Federal Highway Energy Administration E i ICF has also supported federal, state, and local workforce agencies, employers, and stakeholders in developing and implementing work -based learning, training & technical assistance (TTA), and employment programs. We have more than 75 professionals dedicated to solving workforce issues in energy and climate -related sectors as well as transportation and manufacturing. For more than 20 years, ICF has held hundreds of contracts, subcontracts, and Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 22 8/6/2024 task orders focused on comprehensive, employer -driven, community -based, and outcomes -focused solutions to address complex workforce development challenges. The Scope of Services in the City's solicitation is ambitious and will require strong capabilities in a variety of elements of fleet transition and EV charging and infrastructure planning. ICF is unique in that we provide deep, proven expertise in technology, data collection, charging optimization solutions, the analysis of fleet operational characteristics, the assessment of EV charging infrastructure needs and cost, and the development of workforce and training programs. Exhibit 3 lists examples of the work performed by ICF in the past three years that best characterize the work quality and expertise that the City can expect ICF to apply to the tasks in the scope. More detail on each of these projects can are available upon request. Exhibit 3. ICF Project Examples Project City of Laguna Beach, EV Fleet and Charging Station Assessment LAUSD, Energy White Fleet Electrification Assessment City of Pittsburg, Infrastructure Needs Assessment Related to Future Municipal Fleet Electrificatio City of Lodi, Fleet Electrification Plan Santa Clara County, Driving to Ne Zero Midpeninsula Regional Open Space District, Consultation to Improve Fleet Management LA Metro, EV Charging Infrastructure Implementation Plan City of San Diego, CA, Zero Emission Vehicle Strategy SCAG, Supporting Infrastructure fo Zero Emission Medium- and Heavy Duty Truck Study SANDAG, Medium- and Heavy -Du Zero Emission Vehicle Blueprint City of Raleigh, Fleet Electrificatio Implementation Rollout Strategy City of Philadelphia, Municipal Clean Fleet Plan Support for EVs and Charging Infrastructure City of Honolulu, Capital Fleet Transition Plan Baltimore Gas & Electric, Fleet Advisory Services Program National Grid Massachusetts, Fleet Advisory Services Program CA -Based Program Fleet Transition Planning EV Fleet EV Infrastructure Policies Assessment Development Workforce Strategy and Staffing EV Transition Master Plan Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 23 8/6/2024 Team Organization We propose a team of dedicated professionals with expertise in the EV readiness planning, charging infrastructure technology, EV program design and implementation, and workforce and staffing assessment, who have the capacity to provide the City with quality time and effort. Each proposed staff has a key area of subject matter expertise and will work closely with the City staff and their stakeholders on all aspects of the project to keep the progress cohesive. Exhibit 4 highlights areas of subject matter expertise for key staff and other senior staff, while our proposed staffing plan is presented in Exhibit 5 below. Resumes for all proposed staff are included in Appendix A. Exhibit 4. Subiect Matter Expertise for Kev Staff and Other Senior Staff Sam • Lead ICF state & local transportation decarbonization and Pournazeri, Project Executive electrification work PhD Director Oversight ■ A clean technology expert with more than 14 years of experience with clean transportation planning, policy development, and EV analytics ■ Based in Los Angeles, CA Theodora Project Project ■ ICF's lead transportation and energy consultant with recent experience Konstantinou, Manager Management, developing EV roadmaps and charging infrastructure plans PhD Lead Task 1 & 6 ■ 7 seven years of experience in transportation electrification and decarbonization, specializing in truck fleet electrification ■ Based in Orange County, CA Stephanie Deputy ■ ICF's expert in transportation electrification planning, infrastructure Kong, PhD Project Lead Task 4 development planning, infrastructure policy Manager ■ More than 5 years of experience conducting infrastructure assessment, transportation modeling, and policy evaluations ■ ICF's energy efficiency and beneficial electrification consultant. Led the Senior development of ICF's proprietary Fleet Assessment Model which is Ambika Coletti Consultant Lead Task 2 & 3 used to evaluate and identify fleet electrification opportunities ■ Over 9 years of experience specializing in the design and management of beneficial electrification and fleet assessment programs ■ Based in Los Angeles, CA Renee Rainey Senior Lead Task 5 - ICF's expert in energy sector workforce development, technical Consultant assistance and data collection and analysis ■ Currently leading an EV pre -apprenticeship program ■ Vice President of Transportation Electrification at ICF, and a Senior Senior Fleet Fellow with ICF's Climate Center Stacy Noblet Advisor Electrification ■ More than 15 years of experience in helping federal agencies, state Oversight and local governments, and utilities to plan, design, and implement clean transportation strategies and programs ■ Based in Los Angeles, CA Senior Workforce ■ 12+ years developing clean energy and energy efficiency workforce Mark Ouellette Advisor Development training programs Oversight ■ Experience leading clean energy studies for four California utilities and for utilities in Maryland, Virginia, and the District of Columbia Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 24 8/6/2024 Exhibit 5. Proposed Staffing and Organizational Chart Lead Lead Lead Lead Lead Lead Theodora Konstantinou Ambika Coletti Ambika Coletti Stephanie Kong Renee Rainey Theodora Konstantinou Support Support Stephanie Kong Jonathan Segal Ramon Molina Garcia Max Litvack-Winkler Proposed Work Plan Project Understanding Support Jonathan Segal Ramon Molina Garcia Duncan Crowley Max Litvack-Winkler Support Support Support Jonathan Segal Max Kaffel Ramon Molina Garcia Ramon Molina Garcia Brynn Holbrook Duncan Crowley Max Litvack-Winkler Max Litvack-Winkler To accelerate the adoption of ZEVs, the state of California has IR100% ZEV sales by 2035 implemented a range of measures, including mandates requiring automakers and truck manufacturers to produce a certain percentage of Full transition to ZEV short -haul/ ZEVs, fleet requirements to purchase ZEVs, financial incentives for drayage trucks by 2035 consumers to buy ZEVs, and investments in charging and fueling infrastructure. In September 2020, Governor Newsom signed Executive , Full transition to ZEV busses & Order N-79-20, which sets ambitious goals of transitioning 100% of light- o o heavy-duty long -haul trucks duty vehicles to ZEVs by 2035 and all MD/HD vehicles to ZEVs by 2045. by 2045* The order also includes directives for accelerating the deployment of charging infrastructure, increasing the number of ZEVs in public fleets, ,� Full transition to ZE and promoting consumer awareness and adoption of EVs. The executive U?— , off -road equipment by2035 order lays the foundation for implementing policies to achieve these Source: CARE 'where feasible targets. To date, California has implemented several regulations that put the state on an ambitious transportation electrification pathway. Exhibit 6 provides a summary of the most significant regulations currently in effect pertaining to the zero emission transition of on -road vehicles. Exhibit 6. California regulations pertaining to ZEV deployment Advancedi Advanced Clean Fleet Innovative Clean Transit Manufacturer Sales Manufacturer Sales Zero -Emission Zero -Emission Requirement Requirement Truck Purchase Transit Purchase Increasing percentage of Full transition to light -duty (> 8,500 lbs.) Starting in 2024, Full transition of public transit truck sales in California ZEVs and plug-in hybrid EVs 50% must be ZEVs, ramping fleet to ZEVs by 2040 should be zero -emission (PHEVs) by 2035 up to 100% by 2027 Post 2035, only ZEVs will This affects the municipalities' g ha availahla fnr} irrhaca AN)11 n flaaf &PHing in 9n9d City Council 23 — 25 8/6/2024 The upcoming ACF regulation is set to significantly influence municipalities' short-term compliance priorities and long-term strategies in fleet procurement, maintenance, and operation. This regulation requires municipalities across California, including the City of Santa Ana, to transition their fleet to ZEV as quickly as possible and focus on creating a future -proof EV charging infrastructure for their fleet. Aside from CARB's regulation, there are other regulations such as Rule 1191 - Clean On -Road Light- and Medium -Duty Public Fleet Vehicles by the South Coast AQMD that impacts the City of Santa Ana fleet. We recognize that transitioning fully to EVs or other alternative fuel technologies is far from straightforward. This shift will be particularly challenging for MD/HD vehicles in terms of technology availability, cost, and, especially, the required EV charging infrastructure. A robust planning process is essential to guide the City through this transition. Technical Approach This section presents our proposed work plan. Our approach includes all the activities described in the Scope of Services and will deliver all the required work products, and also provides the services that ICF can provide over the course of the three-year contract after the completion of the initial Master Plan, including on -call technical support and fleet transition refresh. Task 1: Project Kick -Off and Project Management e 0 e Within two weeks of contract execution, our Project Manager will develop a project management plan and 26424 maintain it for the life of the contract. The project management plan is a critical asset in implementing our technical and management approach and will include our processes for schedule management, cost management, staffing, communications, and risk. Our project management plan will guide daily management of our programs and will define, integrate, and coordinate all plans, processes, methods, and procedures to be used to manage the project. The project management plan will describe how the program and projects will be executed, monitored, and managed. ICF will also lead a project kick-off meeting within two weeks of contract execution. The goal of this meeting is to review the process of the project, discuss relevant regulations and any specific requirements or expectations, and establish communication protocols, file sharing platforms and workflow with the City's project personnel. Following the kick-off meeting, we will summarize key outcomes and action items from the meeting and follow up with written minutes. Following the kick-off meeting, ICF will compile the meeting minutes, update the project management plan accordingly, and share them with the City. In addition to project kick-off, the ICF team will actively participate and lead virtual meetings with City's Project Manager and key personnel. Our plan is to be proactive and lead these meetings on a monthly basis. We remain flexible though to the possibility of increasing the meeting frequency if the need arises. Ahead of each meeting with the City, we will circulate an agenda including work updates, budgetary matters, preparation for forthcoming meetings, potential schedule revisions, and any technical queries or challenges. We plan to utilize Teams for our communications with the City, a method we have effectively used in previous collaborations, while remaining flexible and open to exploring alternative communication methods as needed. As shown later in the proposed schedule, ICF proposes a 12-month period to finish all services as specified in the Scope of Services. Once the Master Plan has been submitted to the City, the ICF team will provide an additional two- year on -call technical support to the City, which aims to provide the City with continuous support during the initial implementation of the Master Plan and assist the City to navigate the complex regulatory compliance mechanisms and fleet procurement and budgeting processes. Task 1 Deliverables • Project management plan • Project kickoff meeting agenda and notes • Monthly progress meetings and invoices Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 26 8/6/2024 Task 2: Review of Policies, Documents, and Existing City Fleet and Infrastructure In Task 2, ICF will review existing City fleet policies and establish a baseline for both existing vehicles and charging infrastructure data. First, we will collaborate with City staff to gather and assess data on the existing vehicle fleet from all City departments. To do so, our team will submit a data request form to the City staff to collect information such as the following: Fleet Characteristics • VIN • Vehicle type (e.g., sedan, pickup truck) • Fuel type • Make, model, model year • General purpose for vehicle use • Power Take Off (PTO) usage • Current odometer reading • Current fuel costs • In-service year • Current maintenance costs • Average daily mileage • Estimated service life • Time & frequency of use • GPS information (pending data availability) Additionally, to the extent available, ICF will also collect data on fleet logistics, including information regarding facilities owned by the City where the fleet vehicles are being dwelled at: Depot Information Fleet Operation/Procurement/Logistics • Current dwell site • Brief overview of daily operations and unique challenges • Size of the depot • Layout of the depot • Existing charging infrastructure • Asset ownership (owned, leased) • Current fueling site • Fueling process • Vehicle replacement schedule • Maintenance practice • Utility tariff • Type of procurement (purchase, lease) In addition to the data request form, ICF will interview the City's fleet management team to obtain insights into the typical range of operating conditions for the vehicles, which may not be available or obvious within the data provided, major barriers of fleet electrification, as well as to better understand future fleet needs. The data solicited, information collected from interviews, the City's fleet replacement policy will be used to create an initial, business -as -usual vehicle replacement schedule. The replacement schedule will consider vehicles' age, mileage, maintenance cost, use case, current conditions (e.g., operability), and typical service life. There may be opportunities to downsize or "right size" vehicles depending on how they are currently being used and the needs of drivers. ICF will coordinate and communicate with each fleet manager to determine if such opportunities exist. The second step of Task 2 will involve collecting data to establish a baseline on the City's charging infrastructure conditions. We will compile a comprehensive list of all known locations for EV charging infrastructure within the City's facilities such as charging station street address, charger types (Level 2 or Direct Current Fast Charger), number of ports per charger, number of chargers per station, availability of station (e.g., available, temporarily unavailable, or planned station), accessibility of station (e.g., publicly available, private station, shared use), rate structure (e.g., free charging, pay for charging), remote access (e.g., networked chargers, non -networked chargers) and station owner. In addition to information on chargers, we will also collect data on site -level and grid -level electrical equipment to understand the current capacity of the equipment for power delivery. We will make sure to work with the City staff to obtain and review available reports, maps, data, and records and to research existing underground and overhead utilities serving the project areas and their capacity to serve increased future loads. In collecting data on site -level electrical equipment, ICF will coordinate with the City and identify the proper points of contact, such as facility managers, building managers, and/or engineers that can provide us with capacity data on the electrical equipment at each site which currently houses charging infrastructure. ICF will collaborate with Southern California Edison (SCE) and Municipal Utility Services (MUS) to acquire information on crucial distribution components, including transformers, feeders, and conductors, that supply power to each of the City facilities where fleet vehicles are being domiciled. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 27 8/6/2024 The last component of Task 2 involves reviewing existing City fleet policies, climate goals, and planning documents that are relevant to the development of the final Master Plan. These policies may include, but not limited to, the City's fleet procurement process, vehicle and equipment replacement policy, maintenance policies, employee vehicle take- home policy (if applicable), the General Plan, the Hybrid and Alternative Fuel Vehicle Acquisition Policy, the Five - Year Strategic Plan, and the Climate Action Plan. ICF will synthesize the major takeaways that are relevant to the development of the Master Plan from the document review along with the existing City fleet and charger infrastructure information into a summary memo. Task 2 Deliverables Data request form Summary of interviews with fleet managers and drivers A memo summarizing baseline fleet, existing fleet charging infrastructure, and relevant policies in the City Task 3: Electric Vehicle and Charging Station Assessment In Task 3, ICF will analyze the City's fleet and develop a fleet EV transition plan and replacement schedule, along with a detailed fleet charging infrastructure plan that supports the transition of the City fleet to EVs. ICF will use time in the project kickoff meeting to understand the City's top priorities with respect to fleet transition (e.g., compliance with CARB regulation, cost savings, state climate goals, etc.). ICF will rely on these priorities and criteria to develop a fully integrated EV plan. Task 3.1: Electric Vehicle Assessment EV Replacement Recommendation: Leveraging outcomes of ���� � � u I � � `I,� t existing fleet analysis as well as other information collected in Task 2, ICF will employ our in-house fleet assessment model Charged by ?ICF (also known as PowerGuide) to analyze the City's fleets, characterize their operations, and develop tailored recommendations for the transition of fleet vehicles to EVs. ICF's PowerGuide is a robust tool, developed and refined over time for use with multiple municipal and fleet clients. Originally developed for our partnership with our extensive utility programs, ICF has continued to improve tool and the supporting data embedded in the model to assist almost 200 clients, including California municipalities such as the cities of Laguna Beach, Lodi, Pittsburg, and multiple utilities, as they developed plans for transitioning their vehicles, including their specialty vehicles, to EVs. Included in the PowerGuide is a comprehensive database of over 500 EV models comprising BEV and PHEV options for light -duty and MD/HD vehicles (Exhibit 7). This extensive database enables the ICF team to deliver highly customized fleet transition recommendations. By using this unique database, the ICF team will conduct an overview of currently available and forthcoming BEVs and PHEVs that could potentially replace the vehicle types currently used by the City. The ICF team also has a separate database for fuel cell EVs which it will use for vehicles where cost-effective EV options might not be available. ICF's EV model library is updated monthly to capture the latest EV models available and changes to vehicle attributes and pricing. Exhibit 7. ICF EV Library Model (model and trim level) Availability 100 PHEV Models Currently Available T so ■ C PHEV Models New Next 3 Years 0 40 0 7- BEV Models Currently Available 1:31kTALT TrA- R0 Jl0l3'il<c�'It F A �eaa� �JJ `�,,so Q`�J� \e�JS C`` 0� fro 10 v� Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 28 8/6/2024 Aside from all of the features described earlier, the ICF fleet assessment model, PowerGuide, also ensures the proposed EV transition plan fully complies with California's ACF regulation. Despite the requirements of the ACF regulations for public fleets (i.e., the ZEV purchasing requirement or the ZEV milestone requirements), the regulation provides a number of exemptions that address a variety of circumstances, including lack of ZEV availability, vehicles operated less than 1,000 miles per year, delays in ZEV infrastructure, and more. To ensure timely compliance, our team will extract and delineate specific regulatory milestones and deadlines embedded in the regulations and create an EV replacement timeline that aligns with key regulatory requirements, including mandated annual ZEV purchase requirements and milestone fleet conversion options. The representation of the underlying algorithm within the PowerGuide is illustrated in Exhibit 8. Exhibit 8. ICF's PowerGuide Fleet Transition Modeling Process CALCULATIONS Existing Baseline Fleet Total Cost of Ownership (TCO) Comparison • Your Fleet Vehicle and Usage Data • Our Assumptions to Help Fill in Data Gaps • Vehicle Capital Costs • Annual Fuel Costs • Annual Maintenance Costs • Charging Infrastructure • Hardware Costs • Charging Infrastructure Installation Costs • Potential EV or EVSE Grants Our 500+ EV Model Library OUTPUTS EV Acquisition Recommendations (TCO and GHG Impacts) • Summary Presentation • Detailed Report • Excel Supplement When determining the recommended vehicle replacement schedule, we will start with simple cost-effective replacements while also staying mindful of the complexity and difficulty associated with replacing certain use cases due to insufficient alternatives, operational challenges, unreliable technology, safety, excessive costs, or other identified reasons. For vehicles without currently available EV replacements, the ICF team will provide insights on the potential future availability as well as detailed descriptions of why no recommendation is provided in this project. Additionally, for vehicles where no EV replacement is recommended due to either excessive cost or lack of technology availability, the ICF team will provide the necessary documentation to the City so it can be used when the City applies for ACF exemption. Total Cost of Ownership (TCO) Analysis: ICF's PowerGuide also provides us with the capability to estimate the total cost of owning and operating each replacement vehicle, including upfront and lifecycle costs as well as the capital and installation cost of EV charging infrastructure. The cost data embedded in the PowerGuide is informed by available cost data from manufacturers (both vehicles and charging manufacturers), dealerships, and the data collected from the municipality fleets across the country. This TCO analysis will compare the differences in TCO over the service life of each vehicle between EV replacements and a scenario where the City only replace their vehicles with ICE vehicles. The ICF team will estimate TCO on a vehicle -by -vehicle basis and will consolidate these vehicle - level estimates into fleet -level transition cost estimates. PowerGuide does not restrict evaluating TCO under the traditional ownership model, but it can also assess TCO under various alternative ownership arrangements, including financing and leasing. This model flexibility allows us to determine cost implications under different scenarios, providing a broader perspective on the economic feasibility of the transition. The project team will leverage this data, examining challenges and opportunities associated with each ownership model. By considering City fleet's unique operational needs, budget constraints, and strategic objectives, we will provide informed recommendations on the types of ownership models the City could use for a seamless, cost- effective transition to EVs while the meeting the regulatory requirements of the ACF regulation. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal 10 City Council 23 — 29 8/6/2024 Within ICF's PowerGuide, we can also specifically limit the selection of EV models to those available on cooperative purchasing contracts, such as Sourcewell, Drive EV Fleets, California Department of General Services, and others. Our EV library has already embedded the information regarding most of these cooperative purchasing contracts. This approach is designed to streamline the future vehicle procurement process for the City. Additionally, we will include recommendations on the types of cooperative purchasing contracts that may be most suitable for the City to ensure that City staff can make informed decisions that align with their specific needs and procurement strategies. Environmental Impacts: In addition to the TCO, the ICF team will conduct a lifecycle assessment accounting for emissions from electricity as well as liquid fuel production and distribution. ICF's PowerGuide can evaluate the criteria pollutant and GHG emissions reduction potential from the City's electric fleet. Our approach is based on lifecycle GHG emission factors from Argonne National Laboratory's Alternative Fuel Life -Cycle Environmental and Economic Transportation (AFLEET) tool and data from EPA's Emissions and Generation Resource Integrated Database (eGRID) to account for electricity carbon intensity variation at the regional level. PowerGuide Deliverables: Using the PowerGuide, the ICF team will deliver key recommendations at a vehicle -by - vehicle level and a fleet level. Outputs of the model will include the following: • Recommended zero emission technologies (battery electric, plug-in hybrid, and fuel cell vehicles) • Recommended EV replacement makes and models • TCO, including the upfront and lifecycle vehicle costs • Identification of vehicle types that are least viable for conversion • Recommended replacement years • A fleetwide phased vehicle replacement schedule • Estimated GHG emissions reductions from EV replacements • Recommended charger types (e.g., Level 2, DCFC) Task 3.2 Electric Vehicle Charging Equipment Needs Assessment Charging Infrastructure Assessment: Using the fleet modeling results and recommendations developed in FleetCHARGE Task 3.1, we will identify sites that will require new or \1/ upgraded charging infrastructure, including the number, Charged by - types, and power level of EVSE. This assessment will be conducted using our FleetCHARGE tool, which is specifically designed to evaluate the charging energy and power requirements at each site where EV replacements are recommended and where EV operation is concentrated. The algorithms embedded in the tool analyze expected vehicle operations at each site and compare them with critical information on the EVs to accurately estimate daily charging needs. Key factors considered include the vehicles' energy efficiency, daily mileage or operation hours, battery capacity, maximum power acceptance rates, and charging time. we will utilize information on vehicle dwell time, driving routes, parking locations, and operational characteristics to determine the optimal locations for charging infrastructure. Using this information, the ICF team will develop a charging infrastructure implementation scenario with rollout schedule that projects the following information: • The projected number of chargers needed at each site to support the EV replacements • The recommended locations of EV charging infrastructure • The recommended type (e.g., Level 1, Level 2, DCFC) and power level (in kW) of chargers for each vehicle type • The overall power need associated with charging infrastructure at each site Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 - 30 8/6/2024 m Charging Infrastructure Optimization: One of the key features that sets ICF's FleetCHARGE tool apart from other charging infrastructure models in the market is its embedded optimization algorithms. These algorithms enable the City to optimize the number of chargers by increasing the vehicle - to -plug (V2P) ratio while maintaining the resilience of both charging and fleet operations. Following the development of the baseline charging infrastructure needs scenario (assuming 1:1 V2P), FleetCHARGE uses its optimization algorithm to develop an optimized charging infrastructure needs scenario. This involves determining the most appropriate V2P ratio for each groups of vehicles and assessing the feasibility of smart/scheduled charging. This approach implies using fewer charging stations to service a greater number of EVs, leading to significant cost savings. It reduces the upfront investment in charging infrastructure and minimizes ongoing operational and maintenance expenses. Moreover, this efficient use of resources is particularly beneficial in conserving space, a crucial aspect in urban or densely populated areas. The ICF team will carefully review the recommendations provided by its FleetCHARGE tool to identify the highest feasible V2P ratios that can be achieved while ensuring reliability and successful daily operations of the fleet. r� ofa f ofo In this scenario, each vehicle is paired with a dedicated charging plug, ensuring that every vehicle has its designated charging port. Optimized V2P Ratio Sc+enan;IgE • Optimized V2P ratio • Multiple vehicles share a port This scenario aims to optimize the number In determining the charging infrastructure needed for each location, the ICF of vehicles capable of sharing a charging team will also plan for future growth and expansion by considering the port. This is accomplished by adjusting the scalability of the chosen charging station configurations. Our team will vehicle -to -plug ratio to ensure efficient use of infrastructure while still meeting each anticipate the potential increase in the City's EV fleet and ensure the vehicle's duty cycle. selected charging stations can accommodate the additional demand. This may involve allocating additional space and electrical capacity for future installations. By proactively considering scalability, the ICF team will ensure the charging infrastructure can easily adapt and scale up to meet the growing needs of the City's EV fleet. Similar to the approach taken in fleet transition planning, the ICF team will also extend its services to provide recommendations for cooperative contract procurement options for charging infrastructure, if available. This includes exploring established contracts with entities such as Sourcewell and Drive EV Fleets, among others, to ensure the City has access to the most efficient and cost-effective charging solutions. Opportunity for Community -Level and Employee Charging: In addition to fleet charging, the ICF team will also evaluate the feasibility of installing publicly accessible community -level charging infrastructure at various facilities (including cities' public parking facilities), an initiative aimed at enhancing EV adoption within communities and for City employees. This process involves a collaborative effort with facility managers to assess the frequency of public vehicle visits and the average dwelling time of these vehicles at the facilities. This information is critical in determining both the number of charging stations required and the appropriate power level for each charger. For instance, in scenarios where vehicles are typically parked for more than 2 hours, such as at parks or libraries, Level 2 chargers would be suitable. These chargers offer a balance between speed and efficiency, making them ideal for longer stays. Moreover, the volume of visiting vehicles and the likelihood of these being EVs will inform the decision on the number of charging stations needed at each facility. However, the mere presence of charging stations may attract additional EV users to these facilities. Therefore, a safety factor will be applied to account for this potential increase in EV traffic. To prioritize City facilities for public and employee charging, the ICF team will develop a scoring rubric to identify the most suitable facilities for charger installation. Through this scoring as well as the assessment described earlier, the ICF team will provide recommendations on the number and type of publicly accessible chargers that eligible facility could consider. Utility -side Electrical Infrastrcture Assessment: Once the team has determined the number, types, output power levels, and locations of chargers (including both fleet and community charging) to be deployed, we will review the capacity of the City's facilities to support the projected additional electrical load from charging EVs and identify Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal 12 City Council 23 — 31 8/6/2024 potential site -level and distribution grid impacts of that additional load. To identify potential utility distribution electrical infrastrcture impacts, our team will first coordinate with SCE and MUS to review data that they already have on the capacity of existing distribution grid infrastructure to answer the following questions: • How large is the electrical service from the utility for each relevant facility? • How much electrical current is each facility consuming at existing peak power demand levels? • How much electrical capacity is remaining on the utility -side of the meter at existing peak power demand? • How much electrical capacity remains on the City's facility side of the meter? Responses to these questions will help us gather the needed data to conduct the electrical capacity analysis at each facility and to determine any potential impacts to the electric grid. With an understanding of peak power demand and the voltage of service drops at each facility, our team will estimate the maximum current used at each facility at peak power demand. This will then be subtracted from the size of existing electrical service to provide an estimate of how much electrical capacity is remaining on the utility -side of the meter. Our team will then compare that to the projected additional load from EV charging at each facility to determine whether each facility has sufficient utility -side capacity to accommodate chargers or if upgrades may be necessary. Aside from the information provided by the utility, our team will also use the data from the SCE's Distributed Resources Plan External Portal (DRPEP) to determine the load capacity for facilities that fall within the SCE's service territory. Facility -side Electrical Infrastrcture Assessment: After completing the distribution grid capacity analysis and utilizing information obtained from site visits, the ICF team will assess the existing electrical infrastructure at each of City facilities for its ability to support the proposed EV charging infrastructure. This evaluation will determine if the current infrastructure is adequate or if upgrades, such as panel upgrades or the installation of step-up/down transformers, are necessary. Should an upgrade be deemed necessary, the ICF team will document this requirement and proceed to evaluate the associated costs, ensuring a comprehensive understanding of the investment required. Additionally, the ICF team will explore the costs related to preparing each facility for the deployment of charging infrastructure, covering a broad spectrum of components crucial for the site's overall readiness. • Panel and Service Boards: Estimating costs for upgrading or installing new electrical panels and service boards to accommodate additional loads. • Step-up/Step-down Transformers: Evaluating the costs for installing transformers that are essential for converting electrical power from one voltage to another (to serve both Level 2 and DCFC chargers) —these transformers are crucial in scenarios where a switch between 208 volts (V) to 480 V or vice versa is needed to match the power requirements of the EV charging stations with the facility's existing electrical infrastructure. • Meters: Assessing the need and costs for new or upgraded metering systems to monitor electricity usage. • Conduit and Cable: Calculating the expenses for necessary conduit and cable installations to connect the charging stations. • Trenching: Determining the costs for trenching work required to lay down electrical lines underground. • Bollards: Evaluating the expenses for installing bollards to protect charging stations from accidental vehicular damage. • EV Signage and Striping: Assessing the costs for necessary signage and striping in parking areas to designate EV charging spots. • Permits: Estimating a high-level cost for obtaining any required permits for the installation and operation of charging stations. • Engineering Design: Assessing a high-level cost for professional engineering design services needed for the infrastructure setup. • Labor and Installation: Estimating the labor costs and expenses related to the installation of the entire charging infrastructure. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 32 8/6/2024 13 Upon completing the evaluations, the ICF team will compile and consolidate all the associated costs for each facility that has been assessed. A simplified illustration of our methodology to electrical infrastructure assessment is shown in Exhibit 9. Exhibit 9. ICF's Process for Load Capacity Analysis Utility data on electrical service E+3 11—L Remaining capacity at facility/site each Facility/Site-Level Meter/billing data B.L ' City data on main panel Estimate peak power' Projected EV charging load at capacity ratings demand and max - each facility/site current ru'1 Grid constraints Grid -Level Utility data on grid capacity Q Estimate headroom and (1)j Grid upgrades to overload W accommodate EV charging Charging Infrastructure Rollout Schedule & Cost: To advise the City on expectations for charging infrastructure development, the ICF team will develop a rollout timeline and cost estimates for the proposed charging infrastructure. Depending on circumstances, the lead time for charging infrastructure development can be significantly longer than the lead time for vehicle procurement. Due to this, a well -laid -out electrification timeline that includes both vehicle procurement and infrastructure development is critical to minimizing time for implementation. In developing these schedules, the ICF team will ensure there will be sufficient charging capacity available to support expected EV deployment, and the City can spread the cost over time to facilitate funding the infrastructure build out. In developing the schedule, the ICF team will consider the upfront utility upgrade and site preparation investments needed during the initial phase, known as futureproofing, to ensure sufficient charging capacity will be available within each facility to expand charging equipment in future years without the need for additional construction. For example, if a facility needs a total of 10 chargers by 2030, it is more cost-effective to build such capacity during the initial phase, while the charging equipment can be installed over multiple phases. The ICF team will also produce cost estimates for charging infrastructure development. Cost components to be factored into the analysis can be split into capital, and operating costs. Key capital costs include the following: • EVSE hardware (materials cost) and EVSE installation • Software (e.g., charging management /smart charging software) • Make-ready costs (e.g., site pre pa ration —electrical work and wiring, special work such as boring and trenching, special site and structural considerations) • Distribution grid equipment and infrastructure upgrades Operating costs are also critical to determining the business case of deploying EV charging infrastructure, including charger networking costs, charger data contract costs, and maintenance costs. The ICF team will estimate capital costs across each infrastructure development scenario as well as the ranges of possible operating costs associated with each scenario. The ICF team will also develop cost estimates by location for each phase of infrastructure implementation across the entire charging infrastructure development timeline. Task 3.3: Fleet Transition Refresh Given the dynamic nature of the EV market, the ICF team has included in its offering one round of updates to the fleet transition plan over the course of the two-year on -call technical support service. This revision will encompass recalibrating vehicle replacement recommendations to align with the most recent vehicle models and their associated Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal 14 City Council 23 — 33 8/6/2024 pricing available at the time of the update. Moreover, this refresh will factor in any new or adjusted vehicle data and fleet or administrative policy furnished by the agency, provided it is presented in a format compatible with ICF's analytical tools. After this refresh, the ICF team will update the fleet transition planning section within the Master Plan. Additionally, we will refine the accompanying data to reflect the latest findings from our fleet assessment. The deliverable will also include the updated recommendations pertaining to vehicle technology choices, EV replacements, the TCO analysis, and the overarching fleet transition timeline. The fleet transition refresh can be initiated at any point during the period of performance of ICF's contract with the City of Santa Ana subsequent to the completion of the initial Master Plan. Task 3.4: Funding Strategy ,141� California State and Federal governments are offering a suite JWL of incentive and financing programs for transitioning the fleets to EVs. To minimize costs for City to transition to an electric fleet, the ICF team will develop a funding and financing plan that recommends Fleet Specific \ specific grants, rebates, or various utility programs for the vehicles, charging infrastructure, and site readiness for the project, as Funding + Package necessary. In doing so, the ICF team will rely on the comprehensive Funding Laws & Incentives database we maintain as part of the Alternative Inventory blot Fuels Data Center, which includes nearly 1,000 records of laws, Opportunities Program incentives, loan funds, and programs related to EVs and EVSE, including those in California. This will include programs such as federal tax credits; federal grants; California's Hybrid and Zero -Emission Truck ~ and Bus Voucher Incentive Project; grants offered through the f Government Public -Private California Energy Commission's Clean Transportation Program; and Partnership Funding incentive programs offered by regional air quality management districts and utilities such as SCE. Additionally, as owners and operators of EVSE, the City can also participate in CARB's Low Carbon Fuel Standard (LCFS) market and generate LCFS credits for providing EV charging services. These credits can contribute meaningfully to the return on investment of installing EVSE at their facilities. At the conclusion of this task, the ICF team will compile a summary table with upcoming funding deadlines and pertinent application details. Additionally, the ICF team will prepare a funding package memo. This memo will present the funding opportunities in an organized format, such as a table or spreadsheet, categorically sorted by vehicle type — including light -duty and MD/HD — and charging infrastructure. It will detail associated application deadlines, specific requirements, and any other essential information to aid City in their application process. Task 3 Deliverables A memo summarizing the results of EV alternatives recommendations, TCO analysis for EV replacement, GHG impact analysis, the recommended roll -out timeline to install charging infrastructure, excepted usage trends, and cost estimates by location for each phase of charging infrastructure deployment. If the fleet transition refresh (Task 3.3) is exercised, a revised fleet transition plan with accompanying data that reflects any potential changes to the original vehicle replacement recommendations. Summary table with upcoming funding deadlines and relevant application information Task 4: Development of City Fleet Policies and Standards To ensure that the City fleet remains reliable, efficient, and fit for purpose, it is important to formulate a procurement policy that aligns with the operational demands of the City's fleet maintenance and operations. This is critical as the fleet transitions to EVs. ICF will assist the City in developing policies that not only address the immediate operational needs but also anticipate future requirements, ensuring the fleet remains resilient and adaptable. Building upon existing Santa Ana City policy review from Task 2, ICF will also research across other municipalities and public fleets to understand current practices and identify areas of improvement. By analyzing policies enacted by other municipalities, we aim to glean valuable insights, best practices, and lessons learned, ensuring that the City can benefit from proven strategies and avoid common pitfalls. Our team will then engage in benchmarking activities, Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 34 8/6/2024 15 comparing the City's current practices against industry standards and leading practices in fleet management. This will include an examination of how other municipalities have successfully transitioned to EVs, with a focus on their vehicle replacement policies, vehicle and EV charging maintenance protocols (e.g., in-house vs. third party maintenance), operational adjustments, and EV charging policies. Through this analysis, ICF will identify key success factors and potential challenges, providing the City with a clear roadmap for effective policy development. In parallel, ICF will present findings from existing policy review to key City staff to identify issues and shortcomings with existing policy issues and any relevant federal or state mandates that may affect City policies. Our team will also conduct a high level assessment of the current maintenance facilities to identify and recommend the necessary modifications to meet the needs of EVs. This evaluation will cover a range of considerations, including updates to equipment, adjustments to the layout, enhancements to safety measures, and other relevant factors, ensuring that the facilities are fully prepared to accommodate the unique requirements of EVs. Building on the insights gained from the policy review and stakeholder consultations, ICF will then work closely with the City to draft a comprehensive vehicle replacement policy. The development of the policies will also be based on the findings from Task 3, which establishes clear decision thresholds for the replacement of existing vehicle inventory, ensuring that the City has all the necessary information to make informed and strategic decisions. Additionally, we will consider policies to guide driver behavior, promoting efficient driving practices that maximize battery range and reduce wear and tear. Emergency procedures will also be outlined, providing clear instructions for handling vehicle breakdowns, charging station malfunctions, and other unforeseen events. Leveraging ICF's extensive experience and track record of success in working with diverse municipalities across the country, we are uniquely positioned to bring forward a wealth of best practices and valuable insights to inform the development of optimal policies for the City of Santa Ana. Our engagement with various municipalities, particularly those of similar size and operational characteristics, has afforded us a deep understanding of the challenges and opportunities inherent in transitioning to EV fleet practices. We will draw upon this rich repository of knowledge to present the City with a curated set of proven strategies and policy recommendations. These will be tailored to the City's specific context, ensuring that they are both relevant and actionable. Task 4 Deliverables • Presentation to City staff • Draft comprehensive, clear, and consistent fleet policies and standards, submitted in Microsoft Word Task 5: Workforce Development and Staffing Levels To successfully transition a City fleet to EVs, a comprehensive workforce development plan is necessary. The reasons for this include the fact that EVs have different maintenance requirements compared to traditional ICE vehicles, and existing fleet maintenance staff need to be trained to perform maintenance, repair, and service on EVs. Administrative staff to execute and administer the Master Plan will also need to be equipped with EV fleet operation knowledge. Furthermore, EV charging infrastructure is a complex technology that requires specialized skills and knowledge. Technicians need to be trained to install, maintain, and service charging stations. Fleet managers must also understand and navigate the intricacies of EV charging to ensure optimal vehicle utilization, determine the appropriate charging stations to use, monitor and manage battery health, and address any issues that may arise. Staffing levels for City fleet and coordinating adequate charging sessions for fleet vehicles between operating shifts are also essential considerations. Another critical aspect of workforce development is the need for ongoing training and education to keep the workforce up-to-date on the latest technology and best practices. As EV technology is still evolving, new advancements are expected to emerge over time, making it crucial to have well - trained personnel who can ensure the safety and reliability of the charging infrastructure. Therefore, a comprehensive workforce development plan that includes training plans and schedules by job specification, fuel type, maintenance class, vehicle type, and frequency is necessary to ensure that the City workforce is adequately prepared for the transition to EVs. This plan will equip the workforce with the necessary skills and knowledge to maintain the vehicles and infrastructure at an optimal level and address any challenges that may arise during the transition. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 35 8/6/2024 16 ICF will conduct an in-depth analysis of the City's existing training programs and resources to provide robust recommendations on workforce development. This analysis will include an assessment of the current knowledge and skill levels of the staff and an evaluation of the training curriculum to identify gaps in knowledge and skills that need to be addressed. To ensure that staff are well -prepared to maintain, service, and repair zero -emission vehicles and infrastructure, ICF will make targeted recommendations based on this analysis. To further support the City's workforce development, ICF will also provide a comprehensive estimate of labor hours for common vehicle repair tasks by zero -emission vehicle type. This analysis will help the City to plan for staffing levels and allocate resources effectively. We will also provide a comprehensive labor cost analysis for the repair and maintenance of electric fleets. The analysis will start with a comparation in vehicle equivalency units between zero -emission and fossil fuel vehicles by vehicle type. By understanding the differences in maintenance requirements between these two types of vehicles, the City can accurately plan for the staffing needs and labor hours to maintain a zero -emission fleet and infrastructure. In addition, ICF will also elaborate the steps that the City can take to prepare its workforce for transition to EV. This could include taking advantage of trainings from the manufacturers and station suppliers, including maintenance and operations training, station operations and fueling safety, first responder training and other trainings that may be offered by the technology providers. In addition, the project team will assist the City to review current city job specifications for Fleet Maintenance, identify opportunities for ZEV maintenance, and make recommendations to address the opportunities. Finally, ICF will provide a detailed cost breakdown for the workforce development recommendations, including training, staffing, and any necessary resources. This cost breakdown will be developed to enable the City to make informed decisions regarding the allocation of resources. Task 5 Deliverables • A memo summarizing recommendations for Fleet Maintenance workforce development and staffing levels Task 6: Fleet Electrification and Vehicle Charging Master Plan Following the completion of all tasks, ICF will compile the findings and develop a draft Fleet Electrification and Vehicle ..•�� Charging Master Plan for the City. This draft plan will encompass all analyses from the previous tasks, including an executive summary, EV replacement schedule, recommendations for charging infrastructure development, total cost of ownership, and emission benefits analysis. Additionally, the plan will cover budgeting needs, vehicle replacement/procurement policies, workforce and staffing level recommendations, and all other strategies and recommendations for t infrastructure development, operation, and maintenance developed - throughout the previous tasks. The plan will also identify opportunities and constraints related to EV charging infrastructure development, providing practical recommendations for the City to consider. ral. $a1,304�96& � w+®86,2o5ree� �®q ),)95 ( F-ae128,815n� ICF will submit the draft Plan to the City for review and feedback by Feb 28, 2025, and then subsequently revise and submit a final Plan for approval by Mar 31, 2024. Both the draft and the final report will be sent electronically in Microsoft Word (*.doc or *.docx) format. ICF will also help the City to develop a PowerPoint presentation to summarize key findings and outcomes of the final Master Plan, which the City staff to easily adapt as needed to communicate and brief regional stakeholders on the project. Task 6 Deliverables • A draft Fleet Electrification and Vehicle Charging Master Plan • A final Master Plan, incorporating feedback from City staff and relevant stakeholders • A PowerPoint Presentation accompanying the Master Plan Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal 17 City Council 23 — 36 8/6/2024 Project Schedule ICF will begin work once the City has approved the workplan and budget, assumed to be April 1, 2024. ICF proposes a 12-month period of performance to finish the required technical scope as stated in this proposal, from April 2024 through March 2025. As indicated in Task 1, we will hold regular monthly check -in calls between the City and the ICF team. Exhibit 10 shows the proposed project timeline. After the completion of the Master Plan, ICF will also continue providing on -call technical support to the City for an additional two years with an option to refresh fleet transition plan, from April 2025 to March 2027. Major deliverables are noted with an "M+No.", as further illustrated in Exhibit 11. Exhibit 10. Proposed Project Timeline 1 Task 1: Project Kick-off and Management M1 Task 2: Existing Conditions Review M2 1 Task 3: EV and Infrastructure Assessment M3 Task 4: City Fleet Policies 1 Task 5: Workforce and Staffing Levels M4 M5 Task 6: Draft and Final Master Plan I I I I I I I I I I I M6 I M7 On -Call Technical Support and Fleet Transition Refresh will be provided over the course of two years, from Apr 25 to Mar 27. Exhibit 11. Proposed Milestone Submitted to the City of Santa Ana M1 Kick-off meeting and minutes M2 Task 2 existing conditions memo M3 Task 3 EV and infrastructure memo, with accompanying datasets M4 Task 4 draft fleet policies and standards M5 Task 5 workforce and staffing levels memo M6 Draft City of Santa Ana Fleet Electrification and Vehicle Charging Master Plan M7 Final Citv of Santa Ana Fleet Electrification and Vehicle Charaina Master Plan Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 37 8/6/2024 18 References CITY OF SANTA ANA ATTACHMENT B List and describe fully the contracts performed by your firm which demonstrate your ability to provide the supplies, equipment or services included in the scope of the proposal specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. REFERENCE 1 Customer Name: City of Lodi Contact Individual: Melissa Price Address: 1331 S. Ham Ln., Lodi, CA 95242 Phone Number: 209.333.6811 EMAIL: mprice a(�Jodi.gov Contract Amount: $87,000 Year: 06/2022 - 06/2023 Description of supplies, equipment, or services provided:The City of Lodi has a fleet of more than 240 vehicles spanning across various vehicle types and use cases (e.g., bucket trucks, digger derricks, vac trucks, etc.). ICF supported the City to develop an EV replacement and infrastructure plan as the City plans to transition its fleet to zero emission vehicles in response to CARB's upcoming Advanced Clean Fleet (ACF) regulation. As part of this project, ICF developed a Phased Master Plan for the City to: 1) evaluate the City's fleet and provide recommendations to transition from fossil fuel vehicles to electric options; 2) deploy EV charging stations for public fleet vehicles; 3) assess City facilities' Capacity to support additional electrical load from charging operations; 4) estimate costs of the transition including vehicle replacement, infrastructure deployment, and operations; 5) highlight barriers to fleet conversion (e.g., technology availability, operational challenges) and strategies to overcome them; and identified potential innovative funding and financing sources to facilitate the transition to EVs and deploy charging infrastructure. Customer Name: City of Laguna Beach Contact Individual: Michael Litschi Address: 505 Forest Ave., Laguna Beach, CA 92651 Phone Number: 949.497.0303 EMAIL: mlitschi(a lagunabeachcity.net Contract Amount: $78,000 Year: 05/2022- 05/2023 Description of supplies, equipment, or services provided: Transportation is a significant contributor to greenhouse gas (GHG) emissions and air pollution in the City of Laguna Beach. The City's fleet currently has approximately 122 vehicles, of which 85 are powered by gasoline, 20 are powered by diesel, and 17 are powered by propane. Transitioning this fleet to EVs can significantly reduce the City's carbon footprint, clearly demonstrate the City's leadership in and commitment to clean transportation and sustainability, and support the City's climate action plan (CAP). ICF supported the City in developing an EV Fleet and Charging Station Master Plan. In this plan, ICF evaluated the City's fleet and provided recommendations for transition from internal combustion engine (ICE) vehicles to clean transportation alternatives; developed EV charging infrastructure strategies for City fleet vehicles; provided guidance on decommissioning unnecessary propane and fossil fuel infrastructure; evaluated opportunities to install EV charging stations at City facilities that are available to the public; and identified potential funding sources and financing models to facilitate the City's EV transition. REFERENCE 3 Customer Name: City of Pittsburg, CA Address: 65 Civic Ave., Pittsburg, CA 94565 Contact Individual: John Samuelson Phone Number: 925.252.4271 EMAIL: Isamuelson(@pittsburgca.gov Contract Amount: $106,000 Year: 02/2022-06/2024 Description of supplies, equipment, or services provided: ICF is supporting the City of Pittsburg in its quest to transition to the use of zero emission vehicles (ZEVs). The goal of this project is to create a comprehensive master plan to establish a robust, future -proof charging network that would be capable of catering to the needs of the city's entire fleet. The plan is designed to adapt to an increase in the number of fleet vehicles in the future. Over the next decade, the plan will guide the City through the Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal 19 City Council 23 — 38 8/6/2024 conversion process of existing and additional fleet vehicles. The analysis will delineate the specific number, types, and locations of the EVSE required to support the transition to a fully electrified fleet. It will also provide a detailed breakdown of the associated costs and the proposed schedule for deployment. The plan goes beyond setting up charging infrastructure. It will also lay out detailed plans for each city facility, identify prospective maintenance needs and costs for EVSE, and highlight any necessary upgrades for the electrical system and grid. It is not only a deployment guide but also a roadmap for the continued efficient management of the fleet. In addition, the plan will include recommendations and guidelines for fleet management and best practices for the maintenance of EVs and EVSE. It will address contingency situations by providing a strategy for an emergency charging plan during unexpected power outages. THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 39 8/6/2024 20 Appendix An. Key Staff Resumes Sam Pournazeri, PhD, PE Senior Director, Transportation and Energy Dr. Sam Pournazeri is the Senior Director of Clean Transportation and Energy at ICF, recognized nationally as an expert with over 15 years of experience in advanced transportation technologies, data analytics, emissions and energy modeling, and the development of sustainable transportation strategies. At ICF, Sam is currently assisting a dozen state and local governments with their transportation decarbonization and fleet electrification needs. He collaborates closely with a diverse range of clients, aiding in the design and development of strategies to accelerate the adoption of zero -emission and low -carbon alternatives in the transportation sector. In California, Sam's expertise and leadership have been particularly impactful in the area of municipal fleet electrification. His focused efforts on helping municipalities across the state electrify their vehicle fleets and deploy the necessary charging infrastructure demonstrate his deep industry knowledge and practical experience. This involves a comprehensive assessment of each municipality's current fleet composition, usage patterns, and energy requirements, setting the stage for a smooth transition to electric vehicles (EVs). Before his current role at ICF, Sam made significant contributions at the California Air Resources Board (CARB), playing a key role in shaping the Mobile Source Strategy, a detailed plan outlining the state's future freight and passenger transportation policies for the next three decades. PROJECT EXPERIENCE EV Fleet and Charging Master Plan —City of Laguna Beach, 06/2022-06/2023 Years of Experience Professional start date: 09/2008 ICF start date: 11/2021 Education PhD, Mechanical Engineering, University of California Riverside, 2012 BSc, Mechanical Engineering, Sharif University of Technology, 2008 Certifications and Registrations California Certified Project Manager. Sam is co -leading the development an EV Fleet and Charging Professional Mechanical Station Assessment Master Plan for the City of Laguna Beach, CA that (1) Engineer (PE), License No. evaluates the City's fleet and provide recommendations to transition from fossil M36830 fuel vehicles to clean transportation options; (2) deploys EV charging stations for City fleet vehicles; (3) provides guidance on how to decommission unnecessary propane and fossil fuel City infrastructure; (4) installs EV charging stations throughout the community for public use; and (5) identifies potential funding sources to facilitate transition to an all -electric fleet Citywide Fleet Electrification —City of Lodi, 08/2022-0512023 Project Manager. Sam led the development of a Citywide Fleet Electrification Plan for the City of Lodi, CA, transitioning their fleet away from fossil fuels and deploying the necessary charging infrastructure to power their EVs. The primary objective of this project was to develop a plan enabling the City to meet the compliance requirements of the Advanced Clean Fleet regulation in the most cost-effective manner possible. As part of this project, Sam helped the City of Lodi to (1) evaluate the City's fleet and provide recommendations to transition from ICE vehicles to EVs; (2) develop recommended charging infrastructure implementation strategies; (3) estimate the costs to transition from ICE vehicles to EVs and to develop and deploy charging infrastructure; (4) discuss the barriers to fleet transition and describe strategies to overcome them; and (5) develop a plan to leverage incentive funding and evaluate options for financing and innovative business models. Fleet Electrification Planning —City of Pittsburg, 112023—Present Project Manager. Sam is spearheading the formulation of a comprehensive Fleet Electrification Plan for the City of Pittsburg, CA. The main aim is to shift the city's fleet from reliance on fossil fuels to EVs and to establish the essential City Council 23 — 41 8/6/2024 charging framework to power these EVs. Sam's role in this pivotal project encompasses several key tasks. As part of this project, Sam is assessing the City of Pittsburg's current fleet and proposing feasible ways to transition the fleet from ICE vehicles to EVs. Secondly, Sam is leading the team to formulate effective strategies for the installation and operation of the necessary EV charging infrastructure. Third, Sam is leading the task of estimating the financial implications of both transitioning to EVs and setting up the requisite charging network. Fourth, he is also helping the City to identify potential roadblocks to the fleet's transition and proposing viable solutions to navigate these challenges. Lastly, Sam is developing a strategy to capitalize on incentive funding opportunities and exploring various financing options and innovative business models. Fleet Electrification Plan ning—Midpeninsula Regional Open Space District, 6/2023—Present Project Manager. As the project manager for the two-phase project at the Midpeninsula Regional Open Space District (Midpen), Sam is leading the development of a master plan, focusing on evaluating Midpen's fleet, transportation needs, staffing, and budgetary constraints, along with current operating and maintenance costs. His goal is to strategize the transition of Midpen's fleet to clean transportation options, including zero emission and fossil fuel —free technologies, by 2030. This involves assessing the need for charging and fueling infrastructure, providing guidance on data management tools for efficient fleet operations, conducting cost -benefit analyses, developing a decision -making tool for future vehicle replacements, and identifying potential funding sources for the green fleet transition. Following the successful completion of Phase 1 and upon Midpen's approval, Sam will lead Phase 2, which entails performing a market assessment of available fleet management systems and evaluating their compatibility with Midpen's operational needs. Once a system is selected, he will collaborate with the chosen vendors and Midpen staff to configure the system, preparing training materials and providing guidance to ensure a seamless transition and efficient operation of the new green fleet. Fleet Electrification Planning —City of Iowa City, 4/2023—Present Project Manager. As the project manager, Sam is assisting the City of Iowa City with the development of a fleet electrification and EV infrastructure plan. This ambitious project aims to transition the city's fleet of nearly 200 vehicles to electric vehicles (EVs). In this capacity, Sam is responsible for designing a tailored EV replacement plan, which involves a detailed analysis of each vehicle's usage, lifecycle, and the appropriate timing for replacement. Alongside this, he is developing a comprehensive EV infrastructure plan, ensuring that the necessary charging stations and support systems are in place to facilitate this transition. A key aspect of Sam's role involves conducting an in-depth grid and facility capacity analysis. This task is particularly challenging, as it requires coordination and collaboration with half a dozen utilities serving the city's facilities, necessitating a nuanced understanding of the local energy infrastructure and its capabilities. Through these efforts, Sam is crafting a blueprint that will guide the City of Iowa City in transitioning its fleet to EVs over the next 15 years. Fleet Electrification Implementation Rollout Strategy —City of Raleigh, 06/2022-12/2023 Technical Lead. This project is intended to develop a Fleet Electrification Implementation Rollout Strategy for the City of Raleigh, NC to (1) evaluate the City's fleet and provide recommendations to transition from fossil fuel vehicles to clean transportation options; (2) identify potential funding sources and procurement strategies; (3) develop a sustainable EV charging infrastructure plan for City fleet vehicles; (4) provide a training plan and educational guidelines for City staff who will operate EVs; (5) review the City's EV charging software system solution and recommend best practices for aligning software; and (6) provide recommendation to improve accessibility and address equity issues through electrification and charging infrastructure deployment. This plan will serve as a blueprint for how the City can transition its fleet to electric and alternative fueled technologies and deploy the charging infrastructure needed to power them. Clean Technology Compendium —Southern California Association of Governments (SCAG), 1/2023—Present Project Manager. Sam is currently leading a project for SCAG focused on the development of a Clean Technology Compendium spanning multiple transportation sectors, including passenger vehicles, medium- and heavy-duty vehicles, buses, and rail. As part of this initiative, Sam's team has conducted a comprehensive desk research and City Council 23 — 42 8/6/2024 vendor survey, gathering information on various commercially available technologies in the market. They have diligently evaluated these technologies based on factors such as the pace of commercialization, environmental impact, costs, and other relevant criteria. The project's objective is to create a technology compendium that not only showcases the available clean technologies but also provides specific recommendations to SCAG and its regional partners on how to expedite the adoption of these technologies in the area. Clean Truck Technology Comparative Report —LA Metro, 05/2022-09/2022 Deputy Project Manager. Sam is co -managing a project with LA Metro to provide an objective assessment of four types of vehicle technologies (i.e., diesel, hydrogen, battery electric, and natural gas) over the immediate, short, medium, and long terms, on market maturity, infrastructure and energy supply readiness and needs, the cost of ownership, emissions and public health impacts, and barriers to adoption. As part of this report, Sam provided insights on the level of technology transformation needed for LA Metro to meet its public health and climate goals, as well as the scale of fueling and charging infrastructure buildout to support this transition. The report will serve as a technology and infrastructure roadmap to inform decision -making among policymakers and LA Metro staff. Medium- and Heavy -Duty (MD/HD) Vehicle Zero Emission Vehicle (ZEV) Blueprint —San Diego Association of Governments (SANDAG), 06/2022—Present Project Manager. Sam is leading an effort with SANDAG to develop a MD/HD ZEV blueprint that guides the transition of freight and transit vehicles to zero emission technology and highlight the challenges related to technology readiness, infrastructure availability, and cost. As part of this work, Sam will be forecasting the MD/HD ZEV adoption in the region along with the charging and fueling infrastructure needed to support them. The blueprint will also identify key implementation strategies that the region can take to accelerate the adoption of zero emissions MD/HD vehicles. Zero Emission Truck Infrastructure —Southern California Association of Governments, 01/2023—Present Project Manager. As the project manager on the ICF side for the Southern California Association of Governments' (SCAG) Zero Emission Truck Infrastructure (ZETI) project, Sam plays a crucial role in developing a pioneering and comprehensive plan for a zero -emission vehicle (ZEV) charging and fueling network for medium and heavy-duty vehicles across Southern California. His responsibilities include overseeing assessment of fueling infrastructure needs, siting of zero emission infrastructure, craft strategies for deployment of these infrastructure throughout the region. Quantifying the Environmental Justice Impacts of Zero -Emission Vehicles — International Council on Clean Transportation, April 2022 -Present Project Lead. Sam is leading a team of technical and policy analysts across three different firms (ICF, Forth. and Cenex) to assess the disparity in ZEV ownership and usage across various markets, evaluate current metrics and approaches adopted by different jurisdictions to quantify ZEV equity impacts and examine existing governments' strategies to enhance equity and promote EJ within their ZEV policies. The outcome of this research is to provide International ZEV Alliance with recommendations on additional strategies and mechanisms that can be employed to strengthen the equity aspects of ZEV policies. EMPLOYMENT HISTORY ICF. Senior Director of Clean Transportation & Energy. San Francisco. 3/2023—Present ICF. Director of Clean Transportation & Energy. San Francisco. 11/2021-3/2023. California Air Resources Board. Branch Chief. Sacramento. 02/2012-10/2021. City Council 23 — 43 8/6/2024 Theodora Konstantinou, PhD Lead Consultant, Transportation and Energy Dr. Theodora Konstantinou is a lead transportation and energy consultant at ICF with seven years of experience in transportation electrification and decarbonization. Her work at ICF focuses on developing electric vehicle (EV) roadmaps, charging infrastructure plans, and incentive programs at the state and local levels. Prior to joining ICF, she gained experience at the EV Research Center of the Institute of Transportation Studies at the University of California, Davis, where she led and oversaw research projects related to the used vehicle market and its implications for EVs, equity concerns regarding the impact of incentives on EV adoption, and EV adoption in rural areas. Dr. Konstantinou has worked on projects funded by organizations and agencies, such as the National Science Foundation, the Department of Energy, the California Air Resources Board, and the Indiana Department of Transportation. She holds a PhD in Transportation and Infrastructure Systems Engineering from Purdue University, specializing in medium and heavy-duty vehicle electrification by examining the barriers to adoption and the proper implementation of EV technology in the trucking industry. PROJECT EXPERIENCE City of Lodi Electric Vehicle Charging Infrastructure Master Plan, City of Lodi,10/2023—Present Project Manager. Theodora is overseeing the project funded by the City of Lodi to develop a comprehensive and thoroughly considered EV Charging Infrastructure Plan for the City of Lodi. This Plan provides a systematic approach to building a publicly accessible EV infrastructure network to safely facilitate the operation of EVs within the City and surrounding areas. Years of Experience Professional start date: 08/2017 ICF start date: 10/2023 Education PhD, Civil Engineering, Purdue University, 2022 MS, Civil Engineering, Purdue University, 2018 BS, Rural & Surveying Engineering, National Technical University of Athens, 2016 Technical Skillset: Microsoft Office, ArcGIS, NLOGIT, Python Pennsylvania Zero -Emission Vehicle (ZEV) Roadmap, Pennsylvania Department of Environmental Protection, 10/2023-Present Technical Lead. Theodora is helping the Pennsylvania Department of Environmental Protection to update its 2018 EV Roadmap. Given her experience in medium- and heavy-duty vehicle electrification, Theodora will bridge a significant gap in the current EV roadmap by undertaking a thorough assessment of Pennsylvania's current medium - and heavy-duty zero -emission vehicle (ZEV) landscape, and aiding in the development of near-, mid-, and long-term strategies for the accelerated adoption of ZEVs and their associated infrastructure in Pennsylvania. San Diego Regional Zero -Emission Vehicle Incentive Program Strategy, SANDAG, 10/2023-Present Project Support. Theodora is contributing to the establishment of a zero -emission vehicle incentive program (ZEVIP) for the San Diego region. The ZEVIP has the goal to facilitate the acquisition of more than 100,000 zero - emission passenger vehicles from 2025 to 2035, with a particular focus on increasing ZEV purchases among residents in low- and moderate -income households and those living in disadvantaged and low-income communities. Theodora will help identify participation barriers, lessons learned from existing programs, and devising incentive options for new and used vehicles. State of Zero -Emission Vehicle Secondary Market and Accessibility Impacts in California's Underserved Communities, California Air Resources Board, 09/2022-09/2023 Project Manager. The goal of this project is to provide policy recommendations based on a deep understanding of the impact of incentive programs on the light -duty EV market and how the secondary EV market can potentially City Council 23 — 44 8/6/2024 increase access to clean mobility options for underserved communities in California. Theodora played a pivotal role in shaping the project's direction, ensuring effective collaboration among team members and providing technical expertise. Theodora also led the design of a survey, distributed to EV and non-EV owners, a crucial step in gathering essential data to support this project and various ongoing research initiatives. Understanding the Heterogeneity of Plug-in EV Owners in Rural California, Statewide Transportation Research Program, 10/2022-08/2023 Technical Expert. As California moves toward 100% Zero -Emission Vehicle (ZEV) sales, it is important to characterize the diversity of rural vehicle owners to understand the effect current and future ZEV policies might have on rural areas and inform future policies around rural ZEV adoption. Theodora provided technical expertise and guidance in the appropriate analysis methods and in extracting important insights from the results to understand the heterogeneity of vehicle ownership, enabling the formulation of effective policy support for rural communities. Investigating the Influence of Incentives for Low-income and Disadvantaged Households on Electric Vehicle Purchase Decisions in California, California Air Resources Board, 11/2022-08/2023 Technical Expert. Given the widespread availability of incentive programs and the high cost of offering incentives, understanding consumer response to these subsidies and quantifying the benefits and costs of their implementation is essential. Theodora served as a technical expert, offering guidance in the execution of statistical analyses aimed at investigating the impact of income -eligibility -based programs on consumers' decisions to purchase ZEVs. Theodora's expertise was instrumental in ensuring the analyses were conducted effectively and understanding the relationship between incentives and ZEV adoption and its implications. Evaluating the Potential of Truck Electrification and its Implementation from User and Agency Perspectives, National Science Foundation & Indiana Department of Transportation (INDOT), 01/2019-08/2022 Project Manager. Theodora organized and directed this research project from inception to completion. Theodora designed the research methodology, managed resources effectively, setting objectives, and ensuring the project's successful outcomes. In this project, Theodora developed a framework to inform policy making and enhance electric vehicle (EV) preparedness in the trucking industry in the United States through the study of two interrelated elements: (a) the adoption of electric trucks and (b) the appropriate implementation of electric truck technology. A Strategic Assessment of Needs and Opportunities for Wider Adoption of Electric Vehicles in Indiana, Indiana Department of Transportation (INDOT), 09/2020-03/2022 Project Lead. Theodora led a project team to investigate the challenges and opportunities of developing infrastructure to support EV operations in Indiana. This initiative included creating a strategic plan for INDOT, focusing on EV charging stations and related infrastructure. Theodora also played a leading role in planning the strategic deployment of charging stations for both light and heavy-duty vehicles and designing a framework to assess the impact of EV adoption on fuel tax revenue. Theodora also conducted interviews with key stakeholders to evaluate strategic partnerships and business models for EV charging infrastructure and provided recommendations for enhancing EV readiness. EMPLOYMENT HISTORY ICF. Lead Transportation and Energy Consultant. Los Angeles, CA. 10/2023—Present. University of California, Davis -Electric Vehicle (EV) Research Center. Researcher. Davis, CA. 09/2023- 09/2024. Purdue University. Research Assistant. West Lafayette, IN. 08/2017-08/2022. City Council 23 — 45 8/6/2024 Stephanie Kong, PhD Senior Manager, Transportation Electrification Dr. Stephanie Kong is a senior transportation electrification consultant at ICF and has eight years of experience in air pollution measurement, vehicle activity and emissions modeling, GHG and criteria pollutant emissions analysis, and clean transportation policies. Dr. Kong received her Ph.D. from California Institute of Technology, where she focused on air quality modeling using complex statistical and data analytical tools. During her time at the California Air Resources Board (CARB), she led the development of California's transportation emission modeling tools and was the technical lead behind CARB's medium and heavy-duty zero emission fleet regulations. Upon joining ICF, she has been leading multiple projects to help state and local governments to develop zero emission vehicles (ZEV) strategies and ZEV infrastructure deployment planning. PROJECT EXPERIENCE Energy White Fleet Electrification Assessment, LAUSD, 1212023— Present Project Manager. Stephanie is leading the white fleet electrification plan for the Los Angeles Unified School District (LAUSD), the second largest school district in the country. The project includes evaluating the current fleet characteristics, provide cost-effective and technologically feasible recommendations for electric vehicle (EV) and equipment replacement, and conduct a comprehensive analysis to inform the number, type, and location of electric vehicle supply equipment (EVSE) needed to support full fleet electrification along with their associated cost and schedule for deployment. The project is also intended to provide comprehensive funding and financing strategies tailored around LAUSD's needs to overcome the cost barriers for transitioning the fleet to EVs and building out the needed charging infrastructure to support them. Years of Experience Professional start date: 09/2015 ICF start date: 02/2023 Education PhD, Chemical Engineering, California Institute of Technology, 2020 MS, Chemical Engineering, California Institute of Technology, 2018 BS, Chemistry, Harvey Mudd College, 2015 Technical Skillset: Python, ArcGIS, SQL, R, Microsoft Office Pennsylvania Zero -Emission Vehicle (ZEV) Roadmap, PADEP, 10/2023-Present Deputy Project Manager. Stephanie is working with the Pennsylvania Department of Environmental Protection (PADEP) to update and expand Pennsylvania's zero -emission vehicle (ZEV) Roadmap. The new version of the Roadmap will update PA's strategy related to light -duty EVs in PA and add sections with analysis and recommendations relating to Medium and Heavy -Duty Electric Vehicles and Hydrogen Fuel -Cell Vehicles. The Roadmap aims to produce informative and actionable recommendations that assist in facilitating increased ZEV adoption and maximize societal benefits to the citizens of Pennsylvania. Regional Transportation and Climate Change Multimodal Measures, Met Council, 08/2023—Present Project Manager. Stephanie is leading the development of recommended methodologies to the Metropolitan Council for estimating GHG impacts. These methodologies will be used for individual projects for the Regional Solicitation and potentially for packages or categories of projects, such as the Transportation Improvement Plan and the Long - Range Transportation Plan. The project provides a holistic overview of GHG emissions from various phases, including vehicle lifecycle or well -to -wheel emissions, construction and system user emissions, embodied materials emissions, as well as emissions from vehicle manufacturing and disposal. In addition, the project also evaluates the impact of induced travel demand from projects such as roadway capacity expansion and corridor speed improvements. City Council 23 — 46 8/6/2024 Assess the Battery -Recharging and Hydrogen -Refueling Infrastructure Needs, Costs and Timelines Required to Support Regulatory Requirements for Zero -Emission Vehicles — CRC, 0612023—Present Project Manager. Dr. Kong is overseeing the project funded by the Coordinating Research Council (CRC) to assess the national demands and cost of charging and hydrogen fueling infrastructure in support of transition the light-, medium-, and heavy-duty vehicles to zero emission technologies. The project aims to thoroughly evaluate the infrastructural needs in light of the anticipated surge in ZEVs across the U.S and determine its implications on the energy supply infrastructure. San Diego Regional Zero -Emission Vehicle Incentive Program Strategy, SANDAG, 0612023-Present Project Manager. Stephanie is leading the establishment of a zero -emission vehicle incentive program (ZEVIP) for the San Diego region. The ZEVIP aims to support the purchase of over 100,000 ZEV passenger vehicles between 2025-2035, while enabling significantly more ZEV purchases by residents in low- and moderate -income (LMI) households and/or people residing in Disadvantaged and Low -Income Communities. In addition, Stephanie is also helping SANDAG to establish inter -regional coordination on ZEV incentive programs with other MPOs and air districts and support local jurisdictions to meet their Climate Action Plan and clean transportation goals. Moreno Valley Electric Vehicle Charging Infrastructure Master Plan, City of Moreno Valley, 0512023-Present Deputy Project Manager. Stephanie is helping the City of Moreno Valley to develop an EV charging infrastructure master plan that aims to provide a systematic approach for the City to build a public accessible EV infrastructure network to safely facilitate the movement of electric vehicles within the City and surrounding areas. Stephanie is leading the efforts to evaluate EV adoption trends within the City, as well as identify locations and communities where public charging infrastructure will be needed. In addition, Stephanie is also helping the city to identify opportunities and apply for future capital grants through federal and state grant programs. Medium and Heavy -Duty Vehicle ZEV Blueprint, SANDAG, 04/2023-02/2024 Task Lead. Stephanie is leading the development of San Diego Association of Government (SANDAG) near -term and long-term ZEV implementation strategies that the region can take to accelerate the adoption of zero emissions medium- and heavy-duty (MD/HD) vehicles and infrastructure deployment. In addition, the strategies will also account for workforce training and development needs for the region to meet the MD/HD ZEV goals. California's Advanced Clean Fleets Regulation (ACF) —California Air Resources Board (CARB), 0712020- 0212023 Technical Lead. The Advanced Clean Fleets (ACF) regulation is part of a comprehensive strategy that accelerates the adoption of zero -emission vehicles (ZEVs) in the medium and heavy-duty truck sector. The regulation requires State and Local government fleets, drayage trucks, high priority and federal fleets to phase in ZEVs over time starting 2024. Dr. Kong oversaw the development of emission benefits analysis and technology mix projection for this regulation. She worked closely with stakeholders from different regulated sectors and conducted numerous research and analyses to quantify the overall emissions, health, and economic benefits of the proposed regulation. California's Mobile Source Emissions Inventory—CARB, 07/2020-0212023 Technical Lead. EMFAC is the official statewide emission inventory model that CARB uses to assess emissions from on -road motor vehicles including cars, trucks, and buses in California, and to support CARB's planning and policy development. Dr. Kong was the technical lead behind the latest EMFAC model updates, where she analyzed and incorporated substantial information on vehicle population, activity, and criteria pollutants and GHG emissions into the model. In addition, Dr. Kong also initiated the efforts to improve the spatial resolution of the existing model using transportation big data. EMPLOYMENT HISTORY ICF. Senior Transportation Electrification Consultant. Sacramento/Irvine. 02/2023—Present. California Air Resources Board. Air Pollution Specialist. Sacramento. 07/2020-02/2023 City Council 23 — 47 8/6/2024 Ambika Coletti Senior Manager, Beneficial Electrification Ambika Coletti has over 9 years of experience as an energy efficiency and beneficial electrification consultant. She specializes in the design and management of beneficial electrification and fleet assessment programs. Her work includes conducting market assessments, running cost -benefit analyses, and developing and executing implementation plans. Ambika also has expertise in project management, data analysis, technical research, program reporting, business development, remote team management, and stakeholder outreach. PROJECT EXPERIENCE Fleet Electrification Assessments, Multiple Clients, 2020—Present Fleet Assessment Technical Lead and Model Architect. Ambika led the development and regular updates of ICF's proprietary Fleet Assessment Model which is used to evaluate and identify fleet electrification opportunities. Ambika oversaw the research and development of ICF's electric vehicle library (with over 500 vehicle models, updated monthly), electric vehicle supply equipment assumptions, emission reduction and total cost of ownership calculations, and alternative funding sources (EV incentive and grant programs). She manages a team of eight analysts to conduct fleet assessments and produce meaningful reports used to educate customer stakeholders on the financial and environmental benefits of fleet electrification. To date Ambika has supported fleet assessments for over 50 customer fleets and 45,000 vehicles. Clients include National Grid (2020-Present), Consumers Energy (2021-Present), Duquesne Light Company (2021-Present), Salt River Project (2021-Present), Maryland Energy Administration (2021-Present), Central Hudson Gas & Electric (2021-Present), Avangrid (2021), City of Honolulu (2021), and Colorado Springs Utility (2021). Years of Experience Professional start date: 7/2012 ICF start date: 07/2012 Education BS Environmental Science with Business Minor, Tulane University, 2012 Certifications/Registrations Microsoft Office Specialist Certification Excel and Access ICF Enterprise Program Management (EPM) Certified Professional Affiliations Member, Association of Energy Services Professionals (AESP), 2014-Present Fleet Electrification Program, Seattle City Light, Seattle, WA 2022—Present Program Manager. Ambika manages Seattle City Light's program to provide fleet advisory services, charging solution incentives, and make-ready infrastructure support to fleet customers. She manages the program team, client relationships, marketing, risk management, outreach, data tracking, key performance indicators, measurement and verification, and finances. Clean Air Technologies Program, CenterPoint Energy, Houston, TX, 2014—Present Program Manager. Ambika manages CenterPoint Energy's program to promote electric forklifts and electric stand- by truck refrigeration units. She manages the program team, client relationships, marketing efforts, outreach, data tracking, progress to goals, key performance indicators, and finances. Ambika helped quadruple the size of CenterPoint Energy's trade ally network, assisted with customer grant applications, and provided monthly client invoices and reports. She provided project technical support from 2014 to 2016, assumed a role as account manager in 2017, and now manages the project and replacement account manager. Beneficial Electrification Program Implementation, Multiple Clients, U.S. 2014—Present. Operations Manager. Ambika supports or supported six of ICF's beneficial electrification programs for electric utility clients, from kickoff meetings through start-up and implementation. She manages a team of five analysts, sharing best practices across programs and coordinating day-to-day program activities between marketing, information technology, account managers, program managers, project engineers, and clients. Clients include Alliant Energy City Council 23 — 48 8/6/2024 (2015-2018), Duke Energy (2018-2019), Ameren Missouri (2018-2019), JEA (2014—Present), Entergy (2016— Present), and the Salt River Project (2017—Present). NY State EVSE Data Collection and Site Verification Support, New York State Energy Research and Development Authority (NYSERDA), 2021-Present. DCFC Program Administration Lead. Ambika leads ICF's support of NYSERDA's DCFC Program by coordinating application and site reviews. Provides ongoing program management support, progress reports, and program analytics. Beneficial Electrification Opportunity Assessments, Multiple Utility Clients, U.S., 2014—Present. Technical and Modeling Lead. Ambika led or provided subject matter expertise on 18 utility beneficial electrification opportunity assessments across diverse geographies. She continues to refine and develop ICF's opportunity assessment process by expanding ICF's technology library to over 80 non -road and on -road equipment types, updating the cost -benefit analysis model to accommodate standard energy industry cost-effectiveness tests, and standardizing implementation plan recommendations. She has helped utilities navigate regulatory frameworks and supported four clients in submitting proposals and technical workpapers with their public service commissions to implement beneficial electrification programs. Clients have included JEA (2014, 2019), Entergy (2015), Alliant Energy (2015), the Salt River Project (2017), Ameren (2017), the Public Service Company of Oklahoma (2017), Duke Energy (2018), CenterPoint Energy (2019), American Electric Power West Virginia (2019), PacifiCorp (2019), CPS Energy (2019), SaskPower (2020), North Carolina's Electric Cooperatives (2020), Liberty Utilities (2020-2021), Evergy (2021), and Cleco Power (2021). Electrification Potential Study for Canada, Natural Resources Canada, 2020-2021. Model Architect and Technology Subject Matter Expert. Ambika supported the development of a systematic, informed approach to planning and prioritizing future programs and policies to encourage beneficial electrification across Canada. She managed the development of the technical assumptions and market potential for 56 on -road and non -road vehicle measures. Airport Ground Support Equipment (GSE) Study, AirPro Finland, Finland, 2019. Technical Expert. Ambika conducted a global energy and emission impact study of airport ground support equipment for the second largest ground handler company in Finland. She provided technology assessment and emission reduction methodology guidance and expertise. City Council 23 — 49 8/6/2024 Renee Rainey, MPP Senior Manager, Project Management Renee Rainey has over 23 years of experience in social science research, organizational assessment, evaluation, and project management. Her areas of expertise include data collection and analysis, workforce development, training and technical assistance, performance data and indicators, and evaluation design. Ms. Rainey brings a range of qualitative assessment, quantitative analysis, and leadership skills to her client engagements with a focus on improving human services and reevaluating systems to better serve people, especially those who have historically been underrepresented and disenfranchised. Years of Experience Professional start date: 04/2005 In partnership with the California and Nevada International Brotherhood of ICF start date: 12/2012 Electrical Workers (IBEW)/National Electrical Contractors Association (NECA) Education Labor -Management Cooperation Trust (LMCC), Ms. Rainey led a High Roads MPP, University of California, Training Partnership California Workforce Development Board (CWDB) grant to Berkeley, 2006 expand energy savings and microgrid training and certification (EESAMTAC) BS, Economics and English, and quality jobs in California. She also recently completed a project with the cum laude, James Madison California State Transportation Agency (CaISTA), the California Transportation University, 1999 Commission (CTC), and the California Department of Transportation (Caltrans), conducting a series of equity listening sessions across the state. She was previously the lead technical liaison, developing and implementing the Online CaIWORKs Appraisal Tool (OCAT), a work readiness assessment used by all 58 California counties. Prior to her work at ICF, Ms. Rainey was an economic consultant at National Economic Research Associates (NERA) responsible for large-scale data collections and economic analysis of mergers and acquisitions for Fortune 500 companies. Ms. Rainey was also previously a public sector management consultant at Booz Allen Hamilton, where she worked with high-level executives within the federal government to define organizational problems, identify and prioritize solutions, and create roadmaps for organizational change. PROJECT EXPERIENCE Low Carbon Economy High Roads Training Partnership EESAMTAC—CWDB, Los Angeles, CA, 6/2021- 3/2023. Project Manager. Ms. Rainey was the project manager for the EESAMTAC led by ICF and the California and Nevada IBEW/NECA LMCC to expand training and certification to prepare electricians, electrical apprentices, and electrical contractors for the safe and effective assembly, testing, commissioning, maintenance, repair, retrofitting, and decommissioning of energy storage and microgrid systems. The project will expand training from 6 to 21 electrical joint apprenticeship training centers over a 2-year period. Clearinghouse for Labor and Evaluation Research (CLEAR)—DOL, Los Angeles, CA, 8/2016—Present. Senior Evaluator. Ms. Rainey serves as a senior evaluator for CLEAR, DOL's flagship research and evaluation clearinghouse, the central repository for labor and workforce research and evaluation studies, targeting researchers, practitioner, policy makers, and the general public. The clearinghouse includes impact studies, outcome analyses, process evaluations, and descriptive statistics reports in a range of labor -focused topic areas. Ms. Rainey leverages her significant research, evaluation, and methodological expertise to review individual studies for the clearinghouse, assessing the quality of the evidence through a rigorous process and ultimately summarizing each study's key findings, approach, and quality in a succinct profile to post to CLEAR. Study topic areas have included child labor, mine safety, literacy, and community colleges. In addition, Ms. Rainey provides expertise in developing topic area protocols and reviewing and evolving CLEAR policies and procedures. OCAT—California Department of Social Services, Los Angeles, CA, 12/2015-6/2021. City Council 23 — 50 8/6/2024 Technical Liaison. Ms. Rainey was the technical lead and liaison with the ICF technology development team for the California Department of Social Services' standardized online appraisal tool developed to assess the strengths and barriers of the California welfare -to -work population. Ms. Rainey led requirement gathering, user acceptance testing, development of the rules and logic behind the tool, the release management process, cataloguing and prioritization of tool fixes and enhancements, the change control board process, report and dashboard design, and help desk operations. Asset Mapping Tool —San Bernardino County Workforce Development Department, San Bernardino, CA, 6/2018-3/2021. Project Manager. Ms. Rainey led an information technology development effort on behalf the San Bernardino County Workforce Development Department to join and analyze disparate workforce related datasets using geographic information system (GIS) maps and Tableau to develop dashboards, maps, and visuals of county related assets, resources, and demographics at a census tract level. California's Clean Energy Workforce, California Skilled Energy Workforce Market Assessment —The Energy Skills Collaborative, Los Angeles, CA, 4/2019-7/2019. Project Manager. Ms. Rainey led a team to conduct a market research assessment articulating the current state of California's Clean Energy workforce and assessing how California clean energy policies will affect occupational demand. The report also examined impacts on clean energy jobs as a result of new and emerging technologies, additional skills needed by new and incumbent workers because of technological advances, and a gap analysis quantifying the difference in supply and demand for workers in energy -related occupations. Employment History ICF. Senior Manager, Fairfax, VA and Los Angeles, CA, 1 2/2012—Present. Booz Allen Hamilton, Associate, Washington, DC, 4/2011-11/2012. ICF. Senior Technical Specialist. Lake Charles, LA and Fairfax, VA, 2/2007-4/2011. National Economic Research Associates, Washington DC and San Francisco, CA, Senior Analyst, 2/2000-6/2004, 5/2006-11 /2006. IoveLife, HIV prevention NGO, Consultant, Johannesburg, South Africa, Summer 2005. UCSF, Institute of Health Policy Studies, Berkeley, CA, Consultant, Spring 2005. City Council 23 — 51 8/6/2024 Stacy Noblet Vice President, Transportation Electrification Stacy Noblet is a transportation electrification subject matter expert with nearly 20 years of experience helping federal agencies, state and local governments, and utilities to plan, design, and implement clean transportation strategies and programs. Stacy's expertise is in on -road electric vehicles (EVs) and charging infrastructure. She has contributed to national and local efforts to increase EV adoption through supportive infrastructure and policy development since modern-day EVs hit the roads in 2010. Stacy leads EV readiness plans, utility EV charging program design and execution, regulatory and policy tracking, and outreach and engagement. Her work includes the range of fuels and technologies that make up the clean transportation industry. She is well versed in gaseous fuels, biofuels, hydrogen, and fuel efficiency measures to reduce petroleum consumption. Her support of the U.S. Department of Energy's Alternative Fuels Data Center (AFDC) spans more than a decade. PROJECT EXPERIENCE Transportation Electrification Strategy, Program Design, and Regulatory Support—Pepco Holdings (PHI), 2022—Present Project Manager and Subject Matter Expert. Stacy is leading the strategy facilitation, program design, internal stakeholder engagement, cost estimation, and testimony development for PH I's proposed transportation electrification programs in the District of Columbia and Maryland jurisdictions. Years of Experience Professional start date: 05/2004 ICF start date: 05/2004 Education MS, Environmental Sciences and Policy, The Johns Hopkins University, 2012 BS, Environmental Studies, Western Michigan University, 2003 BS, Geography, Western Michigan University, 2003 EV Charging Make -Ready Incentive Program Implementation —Atlantic City Electric (ACE), 2021—Present Senior Advisor. Stacy provides subject matter expertise and input to guide ICF's implementation of the ACE EVsmart Program, which provides incentives toward the make-ready infrastructure for EV charging in the residential, multifamily, workplace, fleet, and public charging settings through 2026. ICF provides information technology (IT), customer care, rebate processing, outreach, vendor engagement, and overarching program implementation support. EV Charging Station Incentive and Deployment Program Implementation —Baltimore Gas & Electric (BGE), 2019—Present Senior Advisor. Stacy provides oversight and expertise to inform ICF's implementation of the BGE EVsmart Program, which launched in 2019 and will continue through 2023. The program includes residential EV charger rebates, multifamily EV charger rebates, and a network of public charging stations. ICF's team includes EV subject matter experts working alongside IT, customer care, rebate processing, marketing, and program implementation leads. The team also provides marketing and event support. ENERGY STAR EV Charger Product Marketing and Stakeholder Engagement—U.S. Environmental Protection Agency (EPA), 2016—Present Subject Matter Expert. Stacy provides input to the team supporting EPA's efforts to increase market penetration of energy efficient EV charging equipment. She conducts outreach to EV charger manufacturers, utilities, state agencies, and other organizations to increase awareness of the ENERGY STAR specification for Level 1, Level 2, and DC fast EV chargers. City Council 23 — 52 8/6/2024 Fleet and Transportation Support for Sustainable Operations and Climate Change—U.S. National Park Service (NPS), 2011—Present Project Manager. Stacy manages the implementation of EV charging station projects with two donors, BMW (past) and the California Energy Commission (present). She provides technical advice, project management support, and coordination with NPS and project partners. She also supports the Clean Cities National Parks Initiative, a partnership between NPS and the U.S. Department of Energy (DOE) that funds and supports projects to reduce petroleum consumption, vehicle greenhouse gases, and other emissions. These projects educate park employees, visitors, and communities about the benefits of using cleaner, more efficient vehicles and alternative fuels. Alternative Fuel and Advanced Vehicle Technical Assistance and Data Management —National Renewable Energy Laboratory (NREL), 2004—Present Senior Advisor. Stacay provides oversight and technical subject matter expertise across ICF's support to a variety of programs and efforts for DOE's Vehicle Technologies Office through our contract with NREL. ICF's Joint Office of Energy and Transportation Technical Assistance team is supporting state departments of transportation and other stakeholders in the implementation of programs funded through the federal Bipartisan Infrastructure Law, signed in November 2021. ICF also manages the daily operations of the Technical Response Service (TRS), which includes responding to inquiries related to EVs, alternative fuels, EV and alternative fueling infrastructure, and other petroleum reduction strategies. In addition, ICF writes and updates Clean Cities publications, including vehicle guides, case studies, and technical white papers, and develops trainings for Clean Cities coordinators and stakeholders. ICF also updates and maintains two databases housed on the DOE AFDC —the Alternative Fueling Station Locator, which includes nearly 60,000 data points, and the Laws & Incentives search, which includes over 1,600 records of laws, incentives, and programs related to alternative fuels and other petroleum reduction strategies. Eastern Iowa EV Readiness Plan —City of Iowa City, 2020-2021 Senior Advisor. Stacy guided the development of the Eastern Iowa EV Readiness Roadmap for the City of Iowa City. This included engaging a steering committee of external stakeholders across multiple organizations, conducting research, develping the plan, and providing overall project management. Transportation Electrification Pilot Program Design and Regulatory Support—Evergy, 2020-2021 Project Manager and Subject Matter Expert. Stacy led the development of Evergy's transportation electrification program design and corresponding filing to the Missouri and Kansas regulatory commissions. She coordinated tasks related to filing scope, program design, cost effectiveness evaluation, and overall project management. She provided research support, stakeholder engagement, and expert witness testimony. Transportation Electrification Pilot Program Design and Filing —Liberty -Empire, 2019-2020 Project Manager and Subject Matter Expert. Stacy led the development of Liberty-Empire's transportation electrification program design and corresponding filing to the Missouri Public Service Commission. She conducted research and analyses focused on the EV and charging infrastructure market in Liberty's Missouri service territory, as well as across the country. Public EV Charger Incentive Program Design and Implementation —Duquesne Light Company (DLC), 2019- 2019 Project Manager. Stacy led the design and ope rationalization of a rebate incentive program for publicly accessible Level 2 charging stations. She coordinated with DLC staff to develop the program workflow and obtain leadership buy -in. Stacy developed program forms and outreach materials. Additionally, she assisted with site host identification, education, and technical assistance and supported DLC's implementation and evaluation of the program. City Council 23 — 53 8/6/2024 Mark Ouellette, MPP Vice President, Workforce Innovation Mr. Ouellette has more than 23 years of experience designing and improving training programs for vulnerable and under -supported populations. Since 2019, Mr. Ouellette has managed two Office of Apprenticeship funded initiatives to expand and diversity registered apprenticeships. In addition, for 13 years Mr. Ouellette has led the creation and expansion of the California Advanced Lighting Controls Training Program (CALCTP) an effort that has established industry recognized competency -based credential that is backed by electrical utility incentives in 5 states and all of Canada. Mr. Ouellette has designed several work -based learning projects throughout the country. Mr. Ouellette has held several roles in government, the non-profit sector, foundations, and in the classroom as a high school and middle school teacher. He has extensive experience identifying solutions through extensive partnerships including bringing together State and local stakeholders to develop significant and sustainable initiatives in the fields of energy efficiency workforce training, family economic success, education reform, and youth development. PROJECT EXPERIENCE Years of Experience Professional start date: 1995 ICF start date: 2008 Education M.P.P., Public Policy, University of Michigan, 1999 B.A., History, magna cum laude, California State University, Long Beach, 1993 Registered Apprenticeship Technical Assistance Center of Excellence/Apprenticeship Building America Coaching and Technical Assistance, Employment Training Assistance, Office of Apprenticeship, 2022 — Present. Project Manager. Mr. Ouellette is overseeing the $14.1 million dollar coaching and technical assistance project to the 4 Registered Apprenticeship Technical Assistance Centers of Excellence and the 30 Apprenticeship Building America grantees. The goal of these $145 million investment is to expand the number of registered apprenticeship programs and apprentices, diversify the industries that utilize registered apprenticeship, and increase access to and completion of RAPs for underrepresented populations and underserved communities. Cybersecurity Youth Apprenticeships, US Department of Labor, Employment Training Assistance, Office of Apprenticeship, 2019 — Present. Project Manager. Mr. Ouellette is overseeing a five-year, $10.8 million dollar project expand the number of young people enrolled in a cybersecurity registered apprenticeship program. Mr. Ouellette has developed the marketing and branding strategies, overseeing the work -based research to identify industries and occupations needing cybersecurity professionals, strategies to engage employers, reviewing of curriculum, and conducting outreach to increase the applicant pool. Energy Storage and Microgrid Training & Certification (ESAMTAC), California Workforce Development Board, 2021 — 2023. Project Manager. Mr. Ouellette is responsible for the training of 600 electrical journeyman and apprentices in the ESAMTAC curriculum. Mr. Ouellette oversaw the expansion from 6 to 21 training centers including securing ESAMTAC lab kits and train the trainer activities. California Advanced Lighting Controls Training Program (CALCTP), International Brotherhood of Electrical Workers/National Contractors Electrical Association, 2009—Present. Project Manager. Mr. Ouellette is responsible for ensuring that 3,000+journey-level electricians are trained in advanced lighting controls. Mr. Ouellette has assisted in the development of a curriculum based on advanced lighting controls technology as well as marketing the programming and expanding services to union and non -union electricians through partnerships with the Chancellor's Office of the California Community College. Mr. Ouellette has City Council 23 — 54 8/6/2024 conducted site visits to the 32 training facilities across the State as well as presented information on the program to all of the State's Investor Owned Utilities, the California Energy Commission, the California Public Utilities Commission, and numerous stakeholders. The program has been recognized by the National Governors' Association as a promising practice for energy efficiency workforce training and placement. California Advanced Lighting Controls Training Program — Acceptance Testing Program (CALCTP-AT), California Advanced Lighting Controls Training Program Board of Trustees, 2013—Present. Project Manager. In 2012, the California Energy Commission (CEC) mandated that all lighting retrofits be acceptance tested by a certified technician. As CALCTP Manager, Mr. Ouellette worked with the CALCTP Board and partners to design a training program to train electricians, electrical contractors, engineers, and commissioning agents in the proper ways to determine acceptance test a lighting installation as required by the CEC. The program has certified over 1,200 electricians, electrical contractors, commissioning agents, engineers, and lighting manufacturer representatives. National Advanced Lighting Controls Training Program, National Advanced Lighting Controls Training Program Board of Trustees 2012—Present. Project Manager. Mr. Ouellette has worked to expand the award winning CALCTP program into additional states. Since 2012, Mr. Ouellette has worked with Washington, Illinois, Ohio, and Michigan to recreate the program and ensure the fidelity of the model is maintained. In 2015, the program expanded to all of Canada initially starting in British Columbia. This has included regular communication and site visits to training programs in these four states. The NALCTP program has just entered into an agreement to expand the training program across Canada starting with five colleges in Vancouver, British Columbia. Regional Apprenticeship Strategy, Economic and Workforce Development Division, 2018 — 2020. Project Manager. Mr. Ouellette was responsible for overseeing the development of a Regional Apprenticeship Strategy. This includes identifying existing apprenticeship offerings and developing based on best practices undeveloped apprenticeship programs. The need for additional programming is based on labor market information and employer verification. Mr. Ouellette will also be leading an effort to define the common EWDD participant and encourage others to buy -into the plan. Workforce Center Consultant, Los Angeles Harbor Department, 2018 — 2020. Project Manager. Mr. Ouellette was responsible for developing a Memorandum of Understanding between the Pacific Maritime Association, International Longshoreman Workers Union, and the Los Angeles Harbor Department aground the creation of a pilot safety training program. In addition, Mr. Ouellette oversaw the curriculum development as well as a study on the future employment needs of the goods movement sector. Workforce Disparity Study, Los Angeles Metropolitan Transportation Authority, 2018 — 2019. Subcontractor. Mr. Ouellette examined the demand for construction workers in the Los Angeles region and how women can better access those construction opportunities. The goal is to ensure all LA Metro contractors meet the 6.9% women employed provision. Employment History ICF, Vice President, 2008 - Present D.C. Government Special Assistant, Office of the Deputy Mayor for Education, 2007-2008 D.C. Children and Youth Investment Trust Corporation, Director of Programs and Policy, 2004-2007 National League of Cities, Institute for Youth, Education, and Families, Senior Program Associate, 2001-2004 National Governors Association, Center for Best Practices, Policy Analyst, 1999-2001 Claremont Unified School District, Middle School Teacher, 1995-1997 City Council 23 — 55 8/6/2024 Appendix Bo. Support Staff Resumes ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Jonathan Segal, MA Associate Program Manager, Beneficial Electrification Jonathan Segal is responsible for supporting the implementation of Beneficial Electrification client programs. He contributes to program operations through program management, data analysis, technical research, and continuous improvements. Jonathan leads the analyst fleet assessment training program using ICF's proprietary Fleet Assessment Model and manages a database of over 600 electric vehicles. He also develops and implements innovative solutions for Beneficial Electrification programs by automating workflows and reports using tools such as Power Automate and R. Years of Experience Professional start date: 06/2017 ICF start date: 08/2021 Education Master of Arts, Transportation Policy, Operations, and Logistics, George Mason University, 2021 Bachelor of Science, Business Management, Tulane University, 2017 Professional Affiliations Board Member, Jared's Fund, 2019-Present Use or disclosure of data contained on this sheet is subject to the restriction on the title page oft his proposal City Council 23 — 57 8/6/2024 38 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Project Manager. Max Kaffel Transportation Specialist Max Kaffel brings half a decade of expertise in sustainable transportation, greenhouse gas metrics, renewable energy solutions, and transportation strategy. His core strength lies in evaluating transportation electrification potential, aiding in the development of vehicle deployment schedules, and conducting cost analysis for infrastructure implementation. PROJECT EXPERIENCE Master Phased Plan for Zero Emission Fleet Transition, New Mexico Gas Company, May 2023 - Present Max supported the analysis and documentation of the Master Phased Plan for Zero Emission Fleet Transition for the New Mexico Gas Company. His duties included conducting a thorough analysis of NMGCs existing fleet and identify opportunities for vehicle electrification. Following the fleet analysis and assessment of viable EV replacement vehicles, Max carried out a detailed charging infrastructure analysis, identifying multiple charging infrastructure scenarios. u Years of Experience Professional start date: 09/2017 ICF start date: 03/2019 Education Bachelor of Science, White Paper on Clean Marine Fuels for Ocean -Going Vessels, Port of Long University of California, Beach, April 2023 — Present Berkeley Max is supporting the development of a white paper on the status of clean marine fuels in the marine shipping sector. He has aided in a detailed analysis for the Port on the transition to clean marine fuels. His involvement spans a comprehensive literature review, which delves into existing clean fuel alternatives, industry trends, commitments from carriers, expected growth, and challenges associated with infrastructure. EV Fleet and Charging Master Plan, City of Laguna Beach, March 2023 — July 2023. Analyst. Max played an instrumental role in shaping the Electric Vehicle Fleet and Charging Station Master Plan for the City of Laguna Beach, California. He thoroughly assessed the City's current fleet, offering insightful recommendations for transitioning to sustainable transport alternatives. Additionally, he strategized the integration of EV charging hubs tailored for City vehicles, provided counsel on phasing out outdated propane and traditional fuel infrastructure, and orchestrated the introduction of community -wide EV charging stations for the public. Joint Office Technical Assistance (TA) —National Renewable Energy Laboratory, February 2022-Present The TA responds to technical inquiries from state agencies and related entities that are generated as a result of the work of the DOT/DOE Joint Office, whose work expands state EV charging deployment. These inquiries require in- depth research and understanding of EV and EV charging programs under the Bipartisan Infrastructure Law. Mr. Kaffel supports the daily operations of the TA team by responding to inquiries. Development of U.S. Greenhouse Gas Emissions Inventory for the Transportation Sector and Transportation GHG Report —United States Environmental Protection Agency, March 2020-Present Currently producing the mobile sources section of the official U.S. GHG Inventory. This work includes collection of activity data, research into improved on -road and off -road emissions factors, the use of the MOVES Model and the NONROAD Model, and the development of outreach materials and reports. This work is conducted annually and includes a QA/QC process and an annual consideration of improvements in the methods and data used — for the U.S. Environmental Protection Agency. Use or disclosure of data contained on this sheet is subject to the restriction on the title page oft his proposal 39 City Council 23 — 58 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Freight Logistics Transportation Research and Analysis —United States Environmental Protection Agency, October 2020-February 2021 Served as the analyst for a study of the third -party logistics industry for the EPA SmartWay program. The SmartWay Transport Partnership is an EPA voluntary program that helps industry reduce Greenhouse Gas (GHG) emissions by enabling the environmental and energy benchmarking of carriers, shippers, 3PL and multimodal freight transportation operations. Conducted market research to characterize all of the different 3PL industry segments, including dedicated contract carriage, domestic transportation management, international transportation management and value-added warehousing and distribution. The purpose of the research was to estimate the environmental impact of different 3PL sectors — for the Environmental Protection Agency. Renewable Sources of Natural Gas: Supply & Emissions Reduction Assessment Study, American Gas Foundation (AGF), March 2019-February 2020 Max helped support the resource assessment research as well as assisted on the drafting of multiple report sections. Offering assistance throughout the project, Max utilized his research experience to develop biomass feedstock potential estimates, which informed the scenario -based analysis that the report employs. Climate Action Report, California Department of Transportation (Caltrans), March 2019-April 2020 ICF is providing support with the development of a Climate Action Plan (CAP) for the California Department of Transportation. Max is assisting with the analysis of VMT and GHG transportation mitigation measures. His duties include assessing the technological and cost feasibility of transportation planning improvements that can be applied statewide. Infrastructure Carbon Estimator (ICE) Tool, Minnesota Department of Transportation (MnDOT), March 2019- March 2021 ICF is updating and enhancing the scope of the ICE tool, which is an excel -based model that estimates the lifecycle energy and greenhouse gas (GHG) emissions from the construction and maintenance of transportation facilities. Max is supporting with quality assurance duties for the revised tool as well as preparing an ICE tool instructional webinar and will provide ongoing technical assistance as needed. CMAQ Input Data Dictionary, Federal Highway Administration (FHWA), May 2019-June 2019 Max developed the data dictionary for the transportation demand management (TDM) inputs. With the purpose of giving users a higher level of detail and clarity, the data dictionary provided CMAQ users recommendations on methodology, common errors, resources, and for inputs that were less self-explanatory, clear definitions of what the input should represent. LCFS Technical Support, Los Angeles County Metropolitan Transportation Authority, March 2019 As part of ongoing technical support for LA Metro, Max delivered a memorandum highlighting relevant amendments to the low carbon fuel standard (LCFS) in 2019, including book -and -claim accounting for low -carbon intensity (CI) electricity and new validation and verification requirements. EMPLOYMENT HISTORY • ICF, Transportation Analyst, March 2019 - Present • City of Oakland & Climate Corps AmeriCorps, Energy and Sustainability Fellow, September 2018 - February 2019 • The Natural Resources Defense Council, Energy and Transportation Intern, September 2017 - September 2018 Use or disclosure of data contained on this sheet is subject to the restriction on the title page oft his proposal City Council 23 — 59 8/6/2024 40 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Ramon Molina Garcia Transportation Specialist Ramon is a Transportation Specialist in the Climate, Energy and Transportation group at ICF. His expertise is in fleet electrification assessments, creating vehicle and infrastructure rollout timelines, cost analyses, emissions inventorying, and energy demand modeling. He also has extensive experience reflecting state- and federal - level vehicle and emissions regulations in vehicle and infrastructure studies to reflect likely ZEV adoption rates and funding opportunities to accelerate charging and fueling infrastructure deployment. PROJECT EXPERIENCE Battery -Recharging and Hydrogen -Refueling Infrastructure Needs for LDIMDIHD ZEVs, CRC, 06/23 — 09/23 Analyst. Ramon is working with the Coordinating Research Council (CRC) to develop a national battery -recharging and hydrogen -refueling network study in support of the EPA proposed regulatory requirements for light-, medium- and heavy- duty GHG standards. The strategy to meet these stringent GHG and criterial pollutant emission standards centers around increased ZEV penetration through ZEV sales requirements. Ramon co -led the research of EPA's and California's ZEV sales fractions used in this study to project fleet technology mix by state. Ramon also developed a tool to rapidly query NREL's EVI-Pro model to determine the charging port distribution required to meet LDV charging needs by state to illustrate number of charging ports to deploy per year and associated infrastructure costs. Years of Experience Professional start date: 2022 ICF start date: 04/2022 Education MS, Mechanical and Aerospace Engineering, University of California, Irvine, 2021 Bachelor of Arts, Physics, Macalester College, 2019 EV Fleet and Charging Master Plan, City of Laguna Beach, 03/2023—06/23. Analyst. Ramon assisted the development an Electric Vehicle Fleet and Charging Station Assessment Master Plan for the City of Laguna Beach in California that a) evaluates the City's fleet and provide recommendations to transition from fossil fuel vehicles to clean transportation options; 2) deploy EV charging stations for City fleet vehicles; 3) provide guidance on how to decommission unnecessary propane and fossil fuel City infrastructure; 4) install EV charging stations throughout the community for public use; and 5) identify potential funding sources to facilitate transition to an all -electric fleet. Development of Transportation Travel Demand Model, California Energy Commission, 01/23 — Present Analyst. Ramon is on the development team for a statewide travel demand model for the CEC Transportation Energy Forecasting Unit to project and estimate transportation energy demand from various travel modes (e.g., passenger vehicles, transit, aviation, rail, marine, micro -transit). Ramon is a primary developer for passenger vehicle, aviation, and marine travel mode models, having conducted research and developing a flexible forecasting tool using Python. The model intends to account for emerging transportation modes and other behavioral changes impacting transportation. These modules will include ridesharing and other mobility services; digital substitution and teleworking; travel cost and pricing strategies; and connected and autonomous vehicles. Citywide Fleet Electrification, City of Lodi, 08/2022 — 05/2023. Analyst. Ramon assisted the development of a Citywide Fleet Electrification Plan for the City of Lodi to transition their fleet away from fossil fuels and to deploy the necessary charging infrastructure to power their electric vehicles. The main objective of this project is to develop a plan for the City to meet the compliance requirements of the Advanced Clean Fleet regulation in the most cost-effective manner possible. As part of this project Ramon is helping the City of Lodi to: 1) evaluate the City's fleet and provide recommendations to transition from ICE vehicles to electric vehicles; 2) develop recommended charging infrastructure implementation strategies, 3) estimate the costs to Use or disclosure of data contained on this sheet is subject to the restriction on the title page oft his proposal 41 City Council 23 — 60 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 transition from ICE vehicles to EVs and to develop and deploy charging infrastructure, 4) discuss the barriers to fleet transition and describe strategies to overcome them, and 5) develop a plan to leverage incentive funding and evaluate options for financing and innovative business models. Fleet Electrification Implementation Rollout Strategy, City of Raleigh, 06/2022 — Present. Analyst. This project is intended to develop a Fleet Electrification Implementation Rollout Strategy for the City of Raleigh to: a) evaluate the City's fleet and provide recommendations to transition from fossil fuel vehicles to clean transportation options; 2) identify potential funding sources and procurement strategies; 3) develop a sustainable EV charging infrastructure plan for City fleet vehicles; 4) provide a training plan and educational guidelines for City staff who will operate EVs; 5) review the City's EV charging software system solution and recommend best practices for aligning software; and 6) provide recommendation to improve accessibility and address equity issues through electrification and charging infrastructure deployment. This plan will serve as a blueprint for how the City can transition its fleet to electric and alternative fueled technologies and deploy the charging infrastructure needed to power them. Medium and Heavy -Duty Vehicle ZEV Blueprint, SANDAG, 06/2022 — Present. Analyst. Ramon is assisting an effort with San Diego Association of Government (SANDAG) to develop a medium - and heavy-duty (MD/HD) zero emission vehicle blueprint that guides the transition of freight and transit vehicles to zero -emission technology and highlight the challenges related to technology readiness, infrastructure availability, and cost. As part of this work, Ramon is forecasting the MD/HD ZEV adoption in the region along with charging and fueling infrastructure needed to support them. The blueprint will also identify key implementation strategies that the region can take to accelerate the adoption of zero emissions MD/HD vehicles. Quantifying the Environmental Justice Impacts of Zero -Emission Vehicles, International Council on Clean Transportation, 06/2022 — 01/2023. Analyst. Ramon is a technical and policy analyst assisting three different firms (ICF, Forth. and Cenex) to assess the disparity in ZEV ownership and usage across various markets, evaluate current metrics and approaches adopted by different jurisdictions to quantify ZEV equity impacts and examine existing governments' strategies to enhance equity and promote EJ within their ZEV policies. The outcome of this research is to provide International ZEV Alliance with recommendations on additional strategies and mechanisms that can be employed to strengthen the equity aspects of ZEV policies. Clean Truck Comparative Report —LA Metro, Los Angeles, 05/2022 — 08/2022. Analyst. Ramon was part of a project with LA Metro to provide an objective assessment of four types of vehicle technologies (i.e., diesel, hydrogen, battery electric, and natural gas), over immediate, short-, medium-, and long - terms, on market maturity, infrastructure and energy supply readiness and needs, cost of ownership, emissions and public health impacts, and barriers to adoption. As part of this report, Ramon provided insights on the level of technology transformation needed for LA Metro to meet its public health and climate goals, as well as the scale of fueling and charging infrastructure build out to support this transition. The report will serve as a technology and infrastructure roadmap to inform decision -making among policymakers and Metro staff. EMPLOYMENT HISTORY ICF, Transportation Specialist, 04/2022 — Present University of California, Irvine. Graduate Student Researcher. Irvine, CA. 06/2019 — 09/2021. PUBLICATIONS Diaz, A., Molina Garcia, R., Morley, B., Pournazeri, S., (2023). Environmental Justice Impacts of Zero -Emission Vehicles. ZEV Alliance Publications. https://zevalliance.org/ei-zevs-ian23/ Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 61 8/6/2024 42 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Duncan Crowley, MS, EIT Senior Transportation Specialist Duncan Crowley is a Senior Transportation Specialist with the Clean Transportation team at ICF, where he leverages a diverse set of systems engineering skills developed working with Toyota, NASA's Jet Propulsion Laboratory and at Birdi Systems. A recent graduate of the Transportation Technology and Policy master's program at UC Davis, Duncan has experience with modeling, policy analysis and research across multiple transportation disciplines with strong expertise in urban freight, freight electrification, ports, electric vehicles and transportation equity. Currently, at ICF, Duncan focuses mainly on projects related to decarbonization of the transportation sector, especially those related to the adoption of zero emission vehicles (ZEV). Prior to working at ICF, Duncan developed his professional engineering skills as a consultant and project engineer working for public clients at Birdi Systems. This experience with infrastructure projects and project estimation makes him well suited to understanding the complex infrastructure challenges in transportation decarbonization. PROJECT EXPERIENCE Moreno Valley EV Charging Infrastructure Master Plan, City of Moreno Valley, 07/2023 — present Years of Experience Professional start date: 08/2018 ICF start date: 07/2023 Education MS, Transportation Technology & Policy, University of California Davis, 2023 BS, Engineering, Harvey Mudd College, 2018 Certifications and Registrations Engineer in Training (EIT) Lic#: EIT 178466 Consultant — Duncan is a lead consultant for the development of a siting plan for new electric vehicle charging infrastructure for the City of Moreno Valley. In this project, he is integrating detailed travel data for the city with GIS data covering existing & planned chargers, parcels, utilities, zoning and transit to identify optimal locations for new charger projects. This is part of a greater effort to build a master plan for the city involving a detailed existing conditions analysis, an evaluation of future needs driven by the growth in demand for EVs, and development of an outreach program to further increase adoption amongst public and private stakeholders. Educational Materials for ZEV Trucks, Sustainable Freight Research Center, 04/2022 — 06/2023 Graduate Student Researcher — Duncan was the main researcher on a project for California's Air Resources Board to come up with an educational strategy to pair with California's Advanced Clean Fleet rule. He identified 11 key topics about ZEVs which fleets and truck drivers will need to understand, scouring the internet to find the best available resources for each of the topics. In addition, he developed educational materials, case studies and one - pagers aimed at heavy duty truck fleets on topics which did not have good resources available already. In addition, he developed a survey which was distributed to drivers and other attendees at ZEV truck workshops run by CARB to help evaluate the resources found and get a better sense for what these fleets needed to know and what their pain points were. He also conducted several interviews with OEMs, fleets, NGOs and public agencies to gain their insights on existing materials and better understand the needs of drivers and fleets. Yosemite Valley Bikeshare Analysis, Bicycle Plus Research Collective, 12/2021 — 03/2022 Graduate Student Researcher — Duncan conducted a detailed analysis of travel across modes in Yosemite Valley working with the Yosemite Conservancy to help improve the placement of bikeshare. This analysis created origin and destination matrices for all of the main attractions in Yosemite Valley to help understand where visitors were going once they arrived at the park. This analysis was done using cell phone data gathered by Streetlight Data and allowed measurements about the number of trips along each road in the valley by car, walking and by bike. Data was taken from summers during the COVID year (2020) and 2019 to offer a comparison in the traffic when shuttles were being Use or disclosure of data contained on this sheet is subject to the restriction on the title page oft his proposal 43 City Council 23 — 62 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 used and when they were not. Using these results, it was possible to recommend 3 additional locations for the bikeshare bikes, as well as which locations had the greatest utilization. Heavy Duty Fuel Cell Truck Clinic Project, Toyota Motors North America, 09/2017 — 05/2018 Team Lead — Duncan led a team of 5 engineers and scientists in a project partnering with Toyota in Gardena, CA developing a concept for a regenerative braking system for the Project Portal hydrogen fuel cell truck. As part of this project, Duncan helped research different technologies for storing the energy generated by braking, and performing battery cycle tests to determine whether the proposed battery would be able to work with the proposed application. In addition, he developed a first -principles model to measure the braking energy generated by a Class 8 truck on several routes originating at the Port of Los Angeles which was used to estimate how much the efficiency of the vehicle would improve through the use of this braking energy. Duncan participated in several instrumented drives to generate data for the model using real -world heavy-duty truck driving conditions. Concept of Operations Software Application, Birdi Systems Inc, 03/2019-08/2019 Software Engineer. Duncan co -led the development of an internal software application for the administration of the Systems Facilities Operational Readiness (SFOR) business process. This software was designed to store, manage, and communicate with stakeholders all the information and insights generated as part of the 5 phases of SFOR including (1) Current Conditions Assessment, (2) Future Conditions Analysis, (3) Gap Analysis and (4) Risk Analysis and (5) Risk Mitigation. This system has since been used by the company on multiple major infrastructure projects including the LAX Automated People Mover project and the LA Metro Emergency Security Operations Center project. It was developed using JS and SQL databases. Emergency Security Operations Center (ESOC) Design, LA Metro, 12/2020-06/2021 Owner's Representative. Duncan was a key member of the owner's representative team for LA Metro's Emergency Security Operation Center project, helping to ensure that the designs for the systems for the building would support the desired operational outcomes for LA Metro for emergencies and for operations of their bus and rail fleet. He supported design revisions and contributed towards the development of a Concept of Operations for the ESOC. He also helped manage requirements disagreements between LA Metro and the main contractor for the project. CCTV Design and Construction for Bradley West Terminal— LAWA, 04/2020—12/2020 Project Engineer — Duncan was the main project engineer for installation, inspection, commissionining and design changes for the CCTV camera system installed for the new Bradley West international terminal at LAX. Duncan helped to manage and QC the work of technicians alongside the superintendent to ensure that deadlines were met. He vastly accelerated the pace of inspections and commissioning of cameras and IT hardware by the team and LAX to ensure that the building could be handed over to airlines in operational condition by 2021. Duncan worked with numerous contractors across construction disciplines to ensure that locations were ready for installation as promised. Further, he mitigated the delays caused by the COVID pandemic as much as practicable. Concept of Operations for LAX Central Utility Plant, LAWA, 08/2018 — 05/2019 Project Engineer— Duncan helped to develop and implement the Systems Facilities Operational Readiness assessment of the Central Utility Plant at LAX as part of a four -person team. He conducted over a dozen interviews with operational staff in addition to a detailed review of the facility drawings and operational data. He completed a comprehensive gap analysis, risk analysis and risk mitigation plan. He developed several projects with an estimated savings of over $5 million annually and payback period of <3 years. EMPLOYMENT HISTORY ICF. Senior Transportation Specialist. Sacramento. 7/2023— Present. UC Davis Sustainable Freight Program. Graduate Student Researcher. Davis. 1/2022-6/2023. Birdi Systems Inc. Systems Engineer. Pasadena. 08/2018-6/2021. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 63 8/6/2024 44 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Max Litvack-Winkler Sustainable Mobility Specialist Mr. Litvack-Winkler is a transportation electrification subject matter expert with experience in data analysis, research, technical writing, presentation development, and project management. He helps municipalities, companies, and commuters increase their access to electric modes of transportation. Mr. Litvack-Winkler has more than five years of experience conducting multimodal transportation research and analysis to help reduce emissions and improve safety and mobility in the transportation sector. PROJECT EXPERIENCE City of Pittsburg Fleet Transition —City of Pittsburg, CA, 0212023 — Present Mr. Litvack-Winkler is overall task lead for the City of Pittsburg's fleet transition. He led data collection of current EV and EVSE inventory, provided recommendations for EV replacements, recommended new charging stations and corresponding power levels to support the City's future EV fleet, and determined the scope and cost of facility and utility upgrades. Mr. Litvack- Winkler presents slide decks to the City with project updates. , ib Years of Experience Professional start date: 07/2018 ICF start date: 01/2022 Education BA, Economics, Washington University in St. Louis, Class of 2018 City of Philadelphia Fleet Transition —City of Philadelphia, PA, 07/2023 — Present Mr. Litvack-Winkler is a task lead for the City of Philadelphia's fleet transition. He supports data collection of current EV and EVSE inventory and wrote a technical memorandum on EV and EVSE funding opportunities for the City of Philadelphia to apply to presently and in the future. 511 NY Rideshare Program —New York State Department of Transportation, New York State, 0212022 — Present Mr. Litvack-Winkler is the lead point of contact on behalf of NYSDOT for Electric Vehicle Supply Equipment (EVSE) administration in the NY Hudson Valley region. He develops analyses, contacts EVSE OEMs and industry representatives about maintenance issues, coordinates the installment of new stations and provides updates to NYSDOT on EVSE status. He also provides information to program partners on EVSE vendors, technical details, cost data, and grant opportunities. Electric Vehicle Site Verification— New York State Energy Research and Development Authority, New York State, 02/2022 —Present Mr. Litvack-Winkler conducts site host outreach and station verification task lead for new EVSE stations implemented through the Charge Ready NY and Direct Current Fast Charging (DCFC) Light Duty Electric Vehicle Supply Equipment programs. He analyzes network dashboards and station utilization to develop criteria for site visits, trains volunteer and develops checklist materials to ensure site visits are properly conducted, and leads outreach to site hosts. Electric Vehicle Station Locator Task —National Renewable Energy Laboratory/Department of Energy, USA, 02/2022 —Present Mr. Litvack-Winkler calls industry contacts and EVSE owners to update the Alternative Fuels Data Center (AFDC) map. He provides key insights to improve the AFDC data collection process and overall database. Use or disclosure of data contained on this sheet is subject to the restriction on the title page oft his proposal 45 City Council 23 — 64 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Brynn Holbrook Research Data Analyst II Ms. Holbrook is an Analyst at ICF and has experience in research and technical assistance. She possesses strong research and evaluation skills, including programming and administering surveys, conducting semi - structured interviews, analyzing quantitative and qualitative data, and working with large datasets. While at The College of New Jersey, Ms. Holbrook served as a research assistant for multiple projects relating to health and poverty. At ICF, Ms. Holbrook works on several projects relating to health, poverty, workforce development, apprenticeship, and training and technical assistance. J0 Years of Experience Professional start date: 07/2018 PROJECT EXPERIENCE ICF start date: 01/2022 Program Life Cycle Evaluation, AmeriCorps, Corporation for National Education and Community Service (CNCS), 2020 — Present. BA, Sociology and Public Health, Analyst. Ms. Holbrook serves as a Research Assistant of participatory The College of New Jersey, evaluation approach to examine national service programs focused on 2018 providing peer recovery coaching to individuals with substance use disorders or are focused on climate change and environmental stewardship. The project incorporates capacity -building and dissemination activities for programs and will assist AmeriCorps to support locally driven and innovative solutions. Ms. Holbrook was responsible for assisting with document reviews, evaluation planning, OMB and IRB submittals, protocol development, participant recruitment, protocol administration, site visit planning and implementation, data analysis, and reporting. Community Health Needs Assessment, Casa Colina Hospital and Centers for Healthcare Research Institute, 2020 — 2021. Analyst. Ms. Holbrook supported the development of Casa Colina Hospital's Community Health Needs Assessment in compliance with federal requirements. This included assessment planning, IRB submittal, protocol development and administration, participant recruitment, primary and secondary data collection and analysis, and reporting. Supplemental Nutrition Assistance Program (SNAP) Process and Technology Improvement Grants, State of Maryland, Department of Human Services, 2019. Analyst. Ms. Holbrook assisted with the evaluation of the integration of workforce assessment tools into multiple agency sites. She was responsible for analyzing training attendees' training assessments and creating data visualizations. Evaluation of the Transition Assistance Program, United States Department of Labor, 2019. Analyst. Ms. Holbrook assisted with a quasi -experimental study of a program designed to transition military service members into career pathways. She was responsible for developing portions of the final report which discussed the program's population and previous iterations of the Transition Assistance Program. California Advance Lighting Controls Training Program (CALCTP) - Acceptance Technician (AT) Certification Program, International Brotherhood of Electrical Workers/National Contractors Electrical Association, 2018 — Present. Technical Support Specialist. The CALCTP-AT Certification Program was developed to ensure compliance with Title 24 standards. Ms. Holbrook provides administrative support to the program and assists quality assurance efforts. Her duties include the review, approval, and payment processing of individual participants and contractors; response to certification inquiries; certification processing; assistance with training development and administration; Use or disclosure of data contained on this sheet is subject to the restriction on the title page oft his proposal 46 City Council 23 — 65 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 renewal of certified technicians and companies; and conducting quality assurance audits of submitted acceptance testing projects to ensure compliance. Biannual Convening Planning and Technical Assistance, Office of Family Assistance (OFA) Administration for Children and Families (ACF), U.S. Department of Health and Human Services, 2020. Technical Support Specialist. Ms. Holbrook supported the planning of the 2020 Regions IV-VIII OFA Tribal TANF Biannual Convening. Ms. Holbrook was responsible for assisting with plenary and workshop development, speaker sourcing, and virtual meeting assistance. Workforce Impact Network (WIN), Office of Apprenticeships (OA), Employment and Training Administration (ETA), U.S. Department of Labor (DOL), 2020 — Present. Analyst. ICF, as a subcontractor to net.America, was awarded a five-year contract to expand registered apprenticeship programs (RAPs) in the health IT and energy sectors. The Workforce Impact Network (WIN) aims to expand current and create new RAPs for career seekers with a 50% focus on minority and vulnerable populations with a commitment to enrolling an average of 750 Registered Apprentices or more a year over the life of the contract. As an analyst, Ms. Holbrook supports data management efforts, apprenticeship research, and stakeholder outreach. Low Carbon Economy High Roads Training Partnership Expanding Energy Savings and Microgrid Training and Certification (EESAMTAC), California Workforce Development Board, 2021-2023. Analyst. Ms. Holbrook served as an analyst for the EESAMTAC project, led by ICF and the California and Nevada IBEW/NECA Labor -Management Cooperation Trust (LMCC), which expanded training and certification to prepare electricians, electrical apprentices, and electrical contractors for the safe and effective assembly, testing, commissioning, maintenance, repair, retrofitting, and decommissioning of energy storage and microgrid (ESM) systems. The project expanded training from six to 21 Electrical Join Apprenticeship Training Centers (JATCs) over a two-year period. Ms. Holbrook assisted with protocol development, participant enrollment, and documentation. Regional Apprenticeship Strategy Consultants, Los Angeles Economic and Workforce Development Division (EWDD), 2018 — 2019. Analyst. Ms. Holbrook provided technical and administrative support in the development of a Regional Apprenticeship Strategy. This included providing note taking and meeting coordination services, contacting and verifying existing apprenticeship programs, researching the growth potential of programs as based on labor market information and real-time job postings, comparing the common EWDD participant with program entry requirements to determine areas where pre -apprenticeship may be most imperative, conducting regional employer outreach through conversations with local employers and presentations to industry groups to verify research findings, drafting reports and other materials for clients and stakeholder groups, and coordinating updates of apprenticeship programs and labor market information. Los Angeles Harbor Department, 2018 — 2019. Analyst. As part of a study on the future employment needs of the goods movement sector, Ms. Holbrook was responsible for determining future employment needs for the Harbor Department. This included studying the projected growth and use of automation, the Internet of Things, telematics, business analytics, and other tools in the sector and examining resulting skill demand and occupations. Ms. Holbrook also examined the use of apprenticeship to train current and future sector workers for future occupations. EMPLOYMENT HISTORY ICF. Research Data Analyst. 2018-Present. Lawrence Alcohol and Drug Alliance. Assistant Coordinator. 2017-2018. New Jersey Audubon. Policy Intern. 2017-2018. The College of New Jersey. Research Assistant. 2016-2018. Anti -Violence Initiatives. Community Engagement Intern. 2016. Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal City Council 23 — 66 8/6/2024 47 Submitted to: Michael Ortiz, Acting D.D. Public Works (Parks, Fleet, Facilities) City of Santa Ana Public Works Agency Parks, Fleet, Facilities Division 20 Civic Center Plaza Santa Ana, CA 92701 Submitted by: ICF Incorporated, L.L.C. 49 Discovery Suite 250 Irvine, CA 92618 Contact: Theodora Konstantinou, PhD Project Manager (213) 312 1707 Theodora. Konstantinou aaicf. corn This proposal includes proprietary and confidential data that shall not be disclosed outside City of Santa Ana and shall not be duplicated, used, or disclosed —in whole or in part —for any purpose other than to evaluate this proposal. The data subject to this restriction are contained in this vole I y uncl 23 — 67 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Cover Sheet February 26, 2024 Michael Ortiz, Acting D.D. Public Works (Parks, Fleet, Facilities) City of Santa Ana — Public Works Agency — Parks, Fleet, Facilities Division01pAdOW 20 Civic Center Plaza 7711 Santa Ana, CA 92701 it Subject: ICF Cost Proposal 2024-162484 in Response to Request for Proposals (RFP) titled "Fleet Electrification & Electric Vehicle Master Plan And City Fleet Policies" Dear Mr. Ortiz, ICF Incorporated, L.L.C., is pleased to submit our firm fixed price (FFP) cost proposal in response to the City of Santa Ana RFP titled "Fleet Electrification & Electric Vehicle Master Plan And City Fleet Policies." The ICF team are committed to fulfilling the entire scope of this important project and adhering to the requirements described in the City's RFP. We believe our team is exceptionally well positioned to accomplish this project as presented in the accompanying Statement of Qualifications. ICF's estimate is based on experience performing similar work for other clients and reflects the results of the detailed analysis of the different activities to be performed under each task and the total estimated number of deliverables (including drafts and final versions) that will be required. This price reflects what we believe is appropriate to achieve the City's objectives for this study and deliver all the necessary work products. If ICF's price estimate exceeds the available budget for this project, we are open to discussing how our approach could be modified and price reduced to match the available budget. ICF's proposal remains valid for a period of one hundred eighty (180) days from the date of submission. ICF reserves the right to review its submission, and to extend or revise its offer based on the facts known at the end of the 180-day period. We look forward to hearing from you regarding the status of our proposal and welcome the opportunity for further discussion. We are available to discuss contractual questions and may be contacted at (703) 556-5639 or via email at Rhonda. Hall(a)icf.com. Technical questions should be directed to our proposed project manager, Dr. Theodora Konstantinou, at (213) 312 1707 or Theodora. Konstantinou(a)icf.com. Sincerely, Joseph C. Moran Senior Contracts Manager City Council 23 — 68 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Proposed Fee Schedule Breakdown Upon execution of this contract, ICF will provide invoices and supporting materials via email to the City's project manager identified during the kick-off meeting. Table 1 below illustrates ICF's proposed fee schedule breakdown for this contract Table 2 provides detail on the personnel classifications required to provide the scope of services, as well as their respective billing rates and hours. Table 1. Proposed Fee Schedule Breakdown — Level of Effort and Price by Task Year Task 1 Project Kick -Off and Project Management 48 $11,624.76 Task 2 Review of Policies, Documents, and Existing City Fleet and Infrastructure 115 $21,741.24 Task 3 Electric Vehicle and Charging Station Assessment 219 $40,946.48 Task 4 Development of City Fleet Policies and Standards 84 $17,227.56 Task 5 Workforce Development and Staffing Levels 83 $18,278.94 Task 6 Fleet Electrification and Vehicle Charging Master Plan 94 $19,388.82 Year 1 Total 643 $129,207.80 Year On -Call As -Needed Technical Support and Fleet Transition Refresh 49 $10,533.02 Year On -Call As -Needed Technical Support and Fleet Transition Refresh 49 $10,849.06 Total Proposed Price (Including As -Needed Tasks) 741 $150,589.88 Table 2. Proposed Fee Schedule Breakdown — Personnel Classification Hourly Bill Rates by Year Personnel Classificat* Project Director $254.31 . $261.94 . $269.80 Project Manager $238.14 $245.28 $252.64 Senior Consultant $225.34 $232.10 $239.06 Consultant $169.21 $174.29 $179.52 Analyst II $142.95 $147.24 $151.66 Analyst 1 $134.61 $138.65 $142.81 Senior Advisor $285.75 $294.32 $303.15 City Council 23 — 69 8/6/2024 ICF Proposal for City of Santa Ana Fleet Electrification & Electric Vehicle Master Plan February 27, 2024 Payment Terms/Proposed Invoicing ICF will invoice based on the payment schedule below in Table 3. Payment terms are net 30 days from date of invoice. Payments shall be made in accordance with the payment section of the contract terms and conditions and upon completion of each task and submission of the deliverables to the City. Table 3. Proposed Invoicing/Payment Schedule Year Submission of monthly progress reports, $968.73 per month for 12 months $11,624.76 Submission of Task 2 memo $21,741.24 Submission of Task 3 memo $40,946.48 Submission of Task 4 fleet policies and standards $17,227.56 Submission of Task 5 memo $18,278.94 Submission of Final Report $19,388.82 Year 1 Total $129,207.80 Year Submission of monthly progress reports, $968.73 per month for 12 months $10,533.02 Year Submission of monthly progress reports, $968.73 per month for 12 months Project Total $10,849.06 $150,589.88 Price Assumptions • The price accounts for all activities described in the technical proposal. • ICF assumes that the City of Santa Ana will provide ICF with fleet inventory data, including vehicle population, vehicle usage, and expected service life, as well as facility listing with existing EV charging infrastructure. • ICF assumes that all payments will be due within (30) days after receipt of an acceptable invoice. • ICF's distribution of hours by tasks categories reflects the mix that ICF believes will be most cost effective in completing this work. ICF reserves the right to reallocate hours between labor categories and tasks as we see fit to complete the work in the most efficient manner within the overall ceiling. • Unless otherwise noted, all submitted deliverables shall be limited to one round of review. City Staff will provide consolidated feedback on each deliverable, if reviewed by multiple individuals. If there are conflicting comments between reviewers, City Staff will provide directions. ICF will then revise the deliverable and incorporate any comments or edits after five business days and submit the revised deliverable, at which point it shall then be considered complete. • Should ICF be awarded the contract, ICF requests the ability to negotiate the indemnification clause and discuss the inclusion of a limitation of liability clause. ICF's proposal is not conditioned on the City of Santa Ana accepting our proposed edits. • ICF assumes the ability to add under the auto section "or equivalent" as our policy may not be specifically on the form number specified but would be as broad or broader ISO Form Number CA 00 01 City Council 23 — 70 8/6/2024 CITY OF SANTA ANA ATTACHMENT A PROPOSER'S CERTIFICATION, PROPOSAL PRICING Certification - I certify that I have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit 1) and am qualified to provide services being requested as specified herein. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. PROPOSER'S STATEMENT: I have read, understood and agree to the terms and conditions on all pages of the Request for Proposals. Upon request, I will transfer and deliver goods or services to the City in accordance with said terms and conditions. ICF Incorporated, L.L.C. LEGAL NAME OF COMPANY 1902 Reston Metro Plaza, Reston, VA 20190 BUSINESS ADDRESS Rhonda Hall PRINTED NAME OF AUTHORIZED AGENT 1010411-WeyZ! SIGNATURE OF AUTHORIZED AGENT DATE 52-0893615 703-225-5639 PHONE AND FAX NUMBERS Sr. Contracts Administrator TITLE Rhonda. Hallp_icf.com E-MAIL ADDRESS FEDERAL ID NUMBER (IF APPLICABLE) CONTRACTOR LICENSE NUMBER (IFAPPLICABLE) CITY OF SANTA ANA BUSINESS LICENSE NUMBER (PLEASE PROVIDE IF AVAILABLE, BUT NOT REQUIRED UNTIL AND IF AN AWARD IS MADE TO PROPOSER.) THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City 0QjjytrAwnclI RFP 24-Oo223 — 71 8/6k2 of 34 CITY OF SANTA ANA ATTACHMENT C PROPOSER'S STATEMENT Proposer understands and agrees that this written RFP (or any part thereof specifically designated and accepted by the City of Santa Ana, hereinafter City) shall constitute the entire agreement between proposer and the City only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Executive Director or his duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to proposer or deposited with the United States Postal Service properly addressed to the proposer with the correct postage affixed thereto. Proposer further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish City all required bonds and certificate of liability insurance within ten (10) days (excluding Saturdays, Sundays and City's legal holidays), or the funds, check, draft, or proposer's bond substituted in lieu thereof accompanying this proposal shall become the property of the City and shall be considered as payment of damages due to the delay and other causes suffered by City because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered by City is difficult to ascertain; otherwise said funds, check drafts, or proposer's bond substituted in lieu thereof shall be returned to the undersigned. Proposer understands that a proposal is required for the entire work, that the estimated quantities set forth in the RFP schedule are solely for the purpose of comparing proposals, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. All terms contained in the specifications, the certification of nondiscrimination by contractors, and the required insurance certificates are to be incorporated by reference into this agreement and are made specifically as part of this RFP. Firm ICF Incorporated, L.L.C. Signed and Printed Name: Len YYa& Title Sr. Contracts Administrator Date IVJPZ1 y�z�yz1 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City oQjjytrAwncil RFP 24-00223 — 72 8/6b2 of 34 CITY OF SANTA A A ATTACHMENT D NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Cade Section 7106) To the CITY OF SA NTA ANA In accordance with Title 23 l nded States Code Seclion 112 and Public Contract Code 7106 the proposer declares that the proposal is not made in the interest of, or on behalf of', any undiscilosed person,. partnership, company, association. organization, or corporation; that the proposal is genuine and not collusive or sham, that the proposer has not directly or indirectly induced or solicited any other proposer 10 put in a false or sham proposal, and has not directly or indirectly coiluded, conspired, connived or ,agreed with any proposeor anyone else to put in a sham proposal, or that anyone shall refrain from bidding; that the proposer has not in any manner,, directly of rncirreclly. sought by agreement. c€r'mmunication, or conference with anyone to fix the proposal price of the proposer or any proposer, or to fix any overhead, profit, or cast element of the proposal price, or of that of any other proposer, or to secure any advantage against the public body awarding the contrad of anyone interested in the proposed contrad. that all statements contained in the proposal .are true, and. further, that the proposer has Trot, directly or indirectly, submitted his or her proposal price or .any breakdown thereof, or the Contents thereof, or divulged information or data relative thereto, or paid, and % ll 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 share proposa'I. Mote, The above non -collusion affidavit is part of the proposal, Signing this proposal on the signatwre portion thereof shall also constitute signature of this non- ilusion affidavit, Proposers are cautioned thiat making a false certification may subject the certifier to criminal prosecution. State of V fJ County of 9 bscr' ed nd sworn to (or affirmed) before me on this 1A day of � lJN , 20 '�i , by Q , proved to me an the basis of satisfactory evidence to I} the person(s) who appeared before me- CIS13,12.5 Notary Public Seal THIS FORM (MUST BE COMPLETED AND INCLUDED WITH FHE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City Council 23 — 73 8/6/2024 W `°k CITY OF SANTA ANA ATTACHMENT E NON -LOBBYING CERTIFICATION The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. Signed: Axe, Z� Title: Sr. Contracts Administrator Firm: ICF Incorporated, L.L.C. Date: 02/26/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City oQJytrAwnciI RFP 24-Oo223 — 74 8/6Q of 34 `°k CITY OF SANTA ANA ATTACHMENT F NON-DISCRIMINATION CERTIFICATION The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: The Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Consultant shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. 2. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract City oQjjytrAwnciI RFP 24-Oo223 — 75 8/6b2 of 34 CITY OF SANTA ANA or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the Consultant may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any consultant of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: Title: Firm: Date: Sr. Contracts Administrator ICF Incorporated, L.L.C. 02/26/2024 THIS FORM MUST BE COMPLETED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. City oQJytrAwncll RFP 24-Oo223 — 76 8/6b29-Q$ of 34 Public Works Agency www.santa-ana.org/public-works Item # 24 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: On -Call Staff Support Services for Inspection, Engineering, Project Management, and Administration AGENDA TITLE Agreements with Project Partners, Interwest Consulting Group Inc., EC & AM Associates Inc. dba GK & Associates Inc., Richard Fisher Associates, and Ladayu Consulting Group for On -Call Staff Support Services for Inspection, Engineering, Project Management, and Administration RECOMMENDED ACTION Authorize the City Manager to execute agreements with the firms listed below to provide inspection, engineering, project management, and administration services, for a three- year period commencing August 6, 2024, and expiring August 5, 2027, with a provision for one, two-year renewal option, for a total aggregate amount not to exceed $2,500,000 for the term of the contract, including the optional renewal (Core Agreement No. A- 2024-XXX). Firms Location Project Partners Laguna Hills, CA Interwest Consulting Group, Inc. Loveland, CO GK & Associates, Inc. Diamond Bar, CA Richard Fisher Associates Irvine, CA Ladayu Consulting Group Palos Verdes Estates, CA GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) oversees all aspects of civil engineering for capital improvement projects, development engineering, and the management of project design and construction. In prior years, the City has contracted with consultant firms to provide temporary staffing for PWA to perform a wide range of tasks to design, manage, and inspect the construction of City capital improvements, to support citywide development, plan check, and utility permit -related services. In anticipation of peak workloads, which will exceed the current staffing capacity of PWA, the recommended staff augmentation will help maintain time -sensitive project delivery schedules and commitments related to private property development activity. The approval of the recommended action will City Council 24 — 1 8/6/2024 On -Call Staff Support Services for Inspection, Engineering, Project Management, and Administration August 6, 2024 Page 2 allow the City to temporarily augment staff as needed for various engineering, technical, and administrative duties to meet the agency goals and deliver projects in a timely manner. On March 5, 2024, PWA released a Request for Proposals (RFP). Eleven proposals were evaluated by a review committee, where each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. The list of the firms and each respective ranking is as follows: Firm City Rank Project Partners Laguna Hills, CA 1 Interwest Consulting Group, Inc. Loveland, CO 2 GK & Associates, Inc. Diamond Bar, CA 3 Richard Fischer Associates Irvine, CA 4 Ladayu Consulting Group Palos Verdes Estates, CA 5 Staff recommends Project Partners, Interwest Consulting Group, Inc., GK & Associates, Inc., Richard Fischer Associates, and Ladayu Consulting Group be retained to provide engineering, technical, and administrative staff support services (Exhibits 1-5). In order to provide the best services to the City, staff will endeavor to distribute work equally among the five consultants, but reserves the right to assign more work to one or more consultants over another based on type of support position required, availability of staff, and performance, among other factors. FISCAL IMPACT The following table summarizes the funds budgeted and available for expenditure, which includes funding for Accounting Unit 01115017 and 01117650 that will be available in the FY 2024-25 budget through the carry -forward process. Any remaining balances not expended at the end of the fiscal year will be presented to the City Council for approval of carry-over to FY 2025-26. Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Description Account Description Account # 2024-25 01115017- General Fund Fire — Service $25,000 66200 Enhancement, Buildings & Building Improvements 2024-25 01117017- General Fund Public Works- $20,000 62300 Development City Council 24 — 2 8/6/2024 On -Call Staff Support Services for Inspection, Engineering, Project Management, and Administration August 6, 2024 Page 3 Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Description Account Description Account # Engineering, Contract Services — Professional 2024-25 01117611- General Fund Construction $35,000 62300 Engineering, Contract Services — Professional 2024-25 01117620- General Fund PW-Traff/Trans — Sery $35,000 62300 Enhmnt, Contract Services — Professional 2024-25 01117650- General Fund SARTC Maintenance — $20,000 62300 Sery Enhcmt, Contract Services — Professional 2024-25 01117652- General Fund PWA — Park Service $200,000 62320 Enhancement, Maintenance & Repair Buildings & Ground 2024-25 01117660- General Fund Pub Wks -Road $100,000 66220 Maintenance, (23-6910) Improvements Other Than Buildings 2024-25 03217663- Measure M- Measure M2 Competitive $35,000 66220 Street Street, Improvements 14-6802 Construction Other Than Buildings 2024-25 05617640- Sanitary Sewer Sanitary Sewer Service, $35,000 62300 Service Contract Services - Professional 2024-25 05917660- Select Street Select Street $65,000 66220 Construction Construction, (14-6802) Improvements Other Than Buildings 2024-25 Water Water $120,000 06017645- Admin/Engineering, 62300 Contract Services - Professional 2024-25 06617647- Water Water Utility Capital $100,000 66301 Acquisition & Projects, Water Capital (18-6424) Construction Project 2024-25 Sanitation Fund Pub Wks- $20,000 06817640- Environment/Sanitation, 62300 Contract Services - Professional City Council 24 — 3 8/6/2024 On -Call Staff Support Services for Inspection, Engineering, Project Management, and Administration August 6, 2024 Page 4 Fiscal Accounting Fund Accounting Unit, Amount Year Unit- Description Account Description Account # 2024-25 Sanitation Fund Pub Wks -Roadway $20,000 06817641- Cleaning, Contract 62300 Services -Professional 2024-25 07317100- Building Maint Bldg Maintenance, $15,000 62300 Fund Contract Services - Professional 2024-25 07517100- Fleet Equip Maint-Garage $15,000 62300 Maintenance Operation, Contract Services -Professional 2024-25 10117601- Pub Wks-Admin Pub Wks-Admin $20,000 62300 & Planning Services, Contract Services -Professional 2024-25 10117605- Pub Wks-Admin Pub Wks -Development $170,000 62302 & Planning Engnring, Contracted Vendor Personnel Services TOTAL $1,050,000 Future fiscal year funding will be included in the proposed budgets for City Council consideration. EXHIBIT(S) 1. Agreement — Project Partners 2. Agreement — Interwest Consulting Group, Inc. 3. Agreement — GK & Associates, Inc. 4. Agreement —Richard Fisher Associates 5. Agreement — Ladayu Consulting Group Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, Acting City Manager City Council 24 — 4 8/6/2024 EXHIBIT 1 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND PROJECT PARTNERS FOR ON -CALL ENGINEERING, TECHNICAL, AND ADMINISTRATIVE STAFF SUPPORT SERVICES THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by and between Project Partners ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RF.f 1TAT,C A. The City desires to retain a Consultant for on -call engineering, technical, and administrative staff support services B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) Consultants selected to provide Engineering, Technical, and Administrative Staff Support Services on an as needed basis under RFP 24-001. The total compensation for services provided by all Consultants selected under RFP No. 24-001 is a collective amount not to exceed two million five hundred thousand dollars ($2,500,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made 1 City Council 24 — 5 8/6/2024 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 6, 2024 for a three (3) year term expiring August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the 2 City Council 24 — 6 8/6/2024 entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. City Council 24 — 7 8/6/2024 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AXII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) fl City Council 24 — 8 8/6/2024 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any 5 City Council 24 — 9 8/6/2024 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 0 City Council 24 — 10 8/6/2024 15. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 7 City Council 24 —11 8/6/2024 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Kimo Look Principal Project Partners 23195 La Cadena Drive, Suite 101 Laguna Hills, CA 92635 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 24 — 12 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year First above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FOR-1W: SOMA R. CARVALHO City Attorney By - Jose + t Jose Assistant City Attorney RECOMMENDED FOR APPROVAL: r1 Digitally signed by Nabil Nabil Sababate: 2024.07.0809:57:51 -07'00' Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: Kim rppa?�'� Prin City Council 24 — 13 8/6/2024 EXHIBIT A SCOPE OF WORK City Council 24 — 14 8/6/2024 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE STAFF SUPPORT SERVICES RFP NO.24-001 The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people. The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Plan Check, Project Management, Inspection, Oversight and delivery of Public Work Services. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering, technical, and administrative support services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. The City may select up to five (5) consultants to provide the services described herein. On as needed basis, the Consultants will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects) review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects. In addition, services may include traffic signal design, road striping, survey services, contract management, project inspection and oversight, and administrative support services. City of Santa Ana RFP 24-001 City Council age 4 — 15 8/6/2024 Consultant Responsibilities: On an on -call basis, the Consultants might be requested to fill position titles listed below. The Consultant's ability to fill all listed positions is desirable, but not a requirement. • Project Engineer • Senior Civil Engineer (P.E. License Required) • Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical) • Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical) • Engineering Aide • CADD — Designer • GIS Analyst • Land Surveyor (L.S. License Required) • Project Manager • Field Inspector (Construction) • Field Inspector (Buildings) • Storm Water Coordinator • Plan Check Engineer (Grading, Street Improvement, Utilities) • Map Checker • Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Senior Office Assistant • Contract Administrator • Permit Parking Assistant After the City identifies the need for a position to be filled, the selected consultants will be asked to expeditiously provide resumes of the candidates for the positon. The City reserves the right to interview any of the candidates prior to making the selection. Registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and City issued building access cards (temporary identification), if the City determines that the chosen candidate will work at a City work site. Many of the parking areas at City work sites require payment. The City does not reimburse for consultant parking. City of Santa Ana RFP 24-001 City Council age 4 — 16 8/6/2024 Consultant shall submit a fee proposal as described below. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown. This schedule will be used for comparison purposes only. PROPOSER FEE RATE SCHEDULE COMPANY NAME (date) Project Engineer $ Senior Civil Engineer (P.E., License Required) $ Assistant Engineer II $ Assistant Engineer I $ Engineering Aide $ CADD- Designer $ GIS- Analyst $ Land Surveyor (L.S., License Required) $ Project Manager $ Field Inspector (Construction) $ Building Inspector (Buildings) $ Storm Water Coordinator $ Plan Check Engineer $ Map Checker $ Senior Accounting Assistant $ Accounting Assistant $ Administrative Assistant $ Senior Office Assistant $ Contract Administrator $ Permit Parking Assistant $ Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. City of Santa Ana RFP 24-001 City Council age 4 — 17 8/6/2024 City of Santa Ana RFP 24-001 City Council age 4 — 18 8/6/2024 EXHIBIT B City Council 24 — 19 8/6/2024 Sample Fee Proposal Consultant shall submit a fee proposal as described below. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown_ This schedule will be used for comparison purposes only. PROPOSER FEE RATE SCHEDULE COMPANY NAME (date) TfTLE BILLING RATE Project En ineer $ 120 - 147 Senior Civil Engineer E, License Required $ 135 - 165 Assistant Engineer H $ 114 - 128 Assistant Engineer I $ 95 - 113 En ineerin Aide $ 77 - 94 CARD- Designer $ 91 - 117 OIS- Analyst $ 98 - 126 Land Surveyor LS, License Required) $ 138 - 170 Project Manager $ 153 - 171 Field Inspector (Construction) $ 128. 157 Building Inspector (Buildings) _ $ 128 - 157 Storm Water Coordinator $ 99 - 119 PIan Check Engineer $ 135 - 165 Map Checker _ $ 127 - 152 T� Senior Accountintz Assistant %1 80 - 98 Accountin,q Assistant $ 77 - 93 Administrative Assistant $ 74 - 87 Contract Administrator $ 92 -112 Permit Parking Assistant $ 69 - 80 Senior Office Assistant 70 - 85 Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. City of Santa Ana RFP 24-001 Page Al-3 City Council 24 — 20 8/6/2024 aF Project Partners "Partners in Building Innovative Project Teams" Date: 3/25/24 From: Kimo Look To: Emily Ho, Management Analyst RE: Letter of Transmittal — Proposal for On -Call Engineering, Technical and Administrative Staff Support Services (RFP No. 24-001) We are sending you via the following items: 0 Attached ❑ Under separate cover ■ Overnight ❑ Regular mail Agreement Flans Copy of Letter Pee Submittal X These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ For your use ❑ Approved as noted ■ As requested " ❑ Returned for corrections Remarks: Signature: Q ❑ Resubmit copies for approval ❑ Subi-nit copies for distribution ❑ Return corrected prints City Council 24 — 21 8/6/2024 EXHIBIT 2 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND INTERWEST CONSULTING GROUP, INC FOR ON -CALL ENGINEERING, TECHNICAL, AND ADMINISTRATIVE STAFF SUPPORT SERVICES THIS AGREEMENT is made and entered into on this 61' day of August, 2024 by and between Interwest Consulting Group, Inc ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RF.f 1TAT,C A. The City desires to retain a Consultant for on -call engineering, technical, and administrative staff support services B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) Consultants selected to provide Engineering, Technical, and Administrative Staff Support Services on an as needed basis under RFP 24-001. The total compensation for services provided by all Consultants selected under RFP No. 24-001 is a collective amount not to exceed two million five hundred thousand dollars ($2,500,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made 1 City Council 24 — 22 8/6/2024 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 6, 2024 for a three (3) year term expiring August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the 2 City Council 24 — 23 8/6/2024 entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. City Council 24 — 24 8/6/2024 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AXII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) fl City Council 24 — 25 8/6/2024 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any 5 City Council 24 — 26 8/6/2024 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 0 City Council 24 — 27 8/6/2024 15. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 7 City Council 24 — 28 8/6/2024 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Thomas Wilkas Chief Financial Officer Interwest Consulting Group, Inc 444 N. Cleveland Avenue Loveland, Colorado 80537 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 24 — 29 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By- kc ► + I at, Jose ontoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Digitally signed by [� Nabil Saba 1 V a b I I Saba Date: 2024.07.08 10:04:16-07'00' Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: Paul Meschino President Interwest Consulting Group, Inc. Tax ID# 73-1630909 City Council 24 — 30 8/6/2024 EXHIBIT A SCOPE OF WORK City Council 24 — 31 8/6/2024 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE STAFF SUPPORT SERVICES RFP NO.24-001 The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people. The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Plan Check, Project Management, Inspection, Oversight and delivery of Public Work Services. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering, technical, and administrative support services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. The City may select up to five (5) consultants to provide the services described herein. On as needed basis, the Consultants will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects) review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects. In addition, services may include traffic signal design, road striping, survey services, contract management, project inspection and oversight, and administrative support services. City of Santa Ana RFP 24-001 City Council age 4 — 32 8/6/2024 Consultant Responsibilities: On an on -call basis, the Consultants might be requested to fill position titles listed below. The Consultant's ability to fill all listed positions is desirable, but not a requirement. • Project Engineer • Senior Civil Engineer (P.E. License Required) • Assistant Engineer II, (Civil, Traffic, Electrical, Mechanical) • Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical) • Engineering Aide • CADD — Designer • GIS Analyst • Land Surveyor (L.S. License Required) • Project Manager • Field Inspector (Construction) • Field Inspector (Buildings) • Storm Water Coordinator • Plan Check Engineer (Grading, Street Improvement, Utilities) • Map Checker • Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Senior Office Assistant • Contract Administrator • Permit Parking Assistant After the City identifies the need for a position to be filled, the selected consultants will be asked to expeditiously provide resumes of the candidates for the positon. The City reserves the right to interview any of the candidates prior to making the selection. Registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and City issued building access cards (temporary identification), if the City determines that the chosen candidate will work at a City work site. Many of the parking areas at City work sites require payment. The City does not reimburse for consultant parking. City of Santa Ana RFP 24-001 City Council age 4 — 33 8/6/2024 Consultant shall submit a fee proposal as described below. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown. This schedule will be used for comparison purposes only. PROPOSER FEE RATE SCHEDULE COMPANY NAME (date) Project Engineer $ Senior Civil Engineer (P.E., License Required) $ Assistant Engineer II $ Assistant Engineer I $ Engineering Aide $ CADD- Designer $ GIS- Analyst $ Land Surveyor (L.S., License Required) $ Project Manager $ Field Inspector (Construction) $ Building Inspector (Buildings) $ Storm Water Coordinator $ Plan Check Engineer $ Map Checker $ Senior Accounting Assistant $ Accounting Assistant $ Administrative Assistant $ Senior Office Assistant $ Contract Administrator $ Permit Parking Assistant $ Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. City of Santa Ana RFP 24-001 City Council age 4 — 34 8/6/2024 City of Santa Ana RFP 24-001 City Council age 4 — 35 8/6/2024 EXHIBIT B City Council 24 — 36 8/6/2024 t` a is —41 iF �Wrl'w v qI 3')'. -:{WA•µ.,.. fa L - k - ' i e 4F i l =*mVil 0 ■ ■iW110 ■1 CONTACT: SHELBY SIERACKI Account Manager 626-224-2055 ssieracki(ainterwestgrp.corn www.interwestgrp.com A • 1W Billing Rates INTERWEST Effective July 17, 2023 A SAFEbOt COMPANY Per the City's request, the below billing rates will be maintained throughout the first fiscal year of the contract, from July 1, 2024 through June 20, 2025. Specifically requested billing rates are listed first followed by our standard billing rates for all other classifications. Classification Hourly Billing Rate Project. Engineer ............................................. ............................................................................ ....... ........... $200 Senior Civil Engineer (PE, License Required)........................................................................................ $190 AssistantEngineer II......................................................................................................................................$135 AssistantEngineer I ........ ........ .............. ....... ............................................................................... ................... $155 EngineeringAide........................................................................................................................................... $110 CADD— Designer ... .................. ....... .................................. ....... ...... —...... —.... ....................... ........ .............. ..$120 GIS— Analyst...................................................................................................................................................... NA Land Surveyor (I-S. License Required) ............. ........................................................................................ $185 ProjectManager ............................... ................................... ...................... ................... ............ ................... .$200 Field Inspector (Construction) ............... ................................................ .................................................... $165 FieldInspector (Buildings)........................................................................................................................... $110 StormWater Coordinator...........................................................................................................................$125 Plan Check Engineer (Grading, Street Improvement, Utilities)....................................................... $160 MapChecker., ........................... ......... --- ............. -- ................. - ................................................................ $160 Engineering Principalin Charge...................................................................................................................................... $245 Principal Engineer .................. ...................................... $220 CitySurveyor.... ............................ ................ .............. ......... ........ -- ........................................................... $215 CityEngineer............................................................................................ .............. ,........ -................. $215 Project Manager ............................... ................... ..................................................... .................................... $200 TrafficEngineer.............................................................................................................................................$195 TransportationEngineer .... ................................ ....... ....... ....... .................... ....... ......................................... $200 SupervisingEngineer ....................... ....... ................. ............................... ........ ......... ....... .............. .............. ..$195 SeniorEngineer .................... .......... .—................................................. .................................. ....................... $190 LicensedLand Surveyor ................. ............................................................... .............................................. $185 EngineeringAssociate III............................................................................................................................. $155 EngineeringAssociate II ... ............. ................. ..................................................... ....................................... $145 EngineeringAssociate I.......................................................................—............_......_.................................$135 SurveyTechnician......................................................................................................................................... $125 Senior Engineering Technician ....................................... ................... ........................ ............................... $125 EngineeringTechnician III..........................................................................................................................$125 EngineeringTechnician II........................................................................................................................... $110 EngineeringTechnician I................................................................—........................................................ $100 StudentTrainee .................................................. —.................. ........ —...... ........ ........................ .................... $ 50 Gradingflans Examiner............................................................................................................................. $160 INTERWEST City Council 24 — 38 8/6/2024 Building Safety Services Certified Building Official................................................................................................................—....... $160 Licensed Plan Review Engineer (structural, civil, electrical, mechanical) / Architect ....... ......... $155 Supervising Structural Engineer ........ ............ ............ ........................ ................... ..................... ................ $185 Senior Structural Engineer.......................................................................................................................... $175 SeniorPlans Examiner................................................................................................................................ $140 CASp,.-- .................--................................................................-- 125 InspectorIII..................................................................................................................................................... $110 InspectorII..................................................................................................................................................... $100 InspectorI....................................................................................................................................................... $ 90 Permit Technician.............................................................. ........... ................................................................ $ 80 FireProtection Engineer ................................... ....... ....... .......... ............ ....... ............................................. ..$155 Senior Fire Plans Examiner.........................................................................................................................$130 Fire Plans Examiner / Fire Inspector ............. .......... .............. ---- ..................................................... ..... $120 ]CC Building Plans Examiner.. .............................................................................................................. .... $120 Senior Code Enforcement Officer............................................................ ............................ ................... $135 CodeEnforcement Officer........................................................................................................................$125 Trainee.. ........... ........... ..... ....... ..... .................. ........................................ ......................................................... .$ 75 Construction Management Construction Manager ......................................... Assistant Construction Manager ........................ Supervising Public Works Observer ................... Senior Public Works Observer ............................. Public Works Observer ill ........................ — ...... ..... Public Works Observer II ....................................... Public Works Observer L.. ................................. .................. .......... ................... ....... ................ I......... $175 ................................................................................ $155 .................................................................................. $170 ...................................................................................... $165 ........... $155 ..................................................................................... $140 ...................................................................................... $125 Real Estate Supervising Corporate Broker ......................................... Senior Project Manager ..................................................... Project. Manager.................................................................. Senior Acquisition / Relocation Agent .......................... Acquisition / Relocation Agent ........................................ ROWTechnician................................................................. ROWCoordinator............................................................... Administrative Support....................................................... Landscape Design Review Services ....................................................................... $250 ........................................................................ $195 ........................................................................ $175 ......................................................................... $135 ............................ .......... ....... ...... ............ .....$120 ......................................................................... $110 .................... ............ .............. $95 .......................................................................... $80 ProjectManager............................................................................................................................................ $175 Senior Landscape Design Reviewer ...... ....... ...................... ....... ....... --- ...... .......... — ............ ................ $160 Landscape Design Reviewer ................................. ..................................................................................... $145 Landscape Maintenance Inspector..........................................................................................................$125 LandscapeField Supervisor........................................................................................................................ $125 INTERWEST City Council 24 — 39 8/6/2024 Planning Services Community Development Director Planning Manager ............................... Principal Planner......."" .......................... Senior Planner.. ............. Associate Planner ................................ Assistant Planner .................................. Planning Technician ............................ Administrative ...... ....... ..... ."............ ........................................ $ 215 ........................ ............ ...................................... I ...... ,.................... . $190 .......... ..... ."..."......... ................... ...................... ........... .... .. $175 ..............."."....,.........."..................................................... $160 ........................................ .......... .......................... I ........ ...,.... I........ $130 ........................................................................................................ $105 ........................................................................................................ $ 85 GrantManager............................................................................................................................................... $160 GrantWriter., ............... ................... ...... -- ............................................ .......................... .................. .... .$150 ManagementAnalyst II................................................................................................................................$120 ManagementAnalyst I................................................................................................................................. $110 SeniorAdministrative................................................................................................................................... $100 AdministrativeIII ........... ....... ...................................................................... .................................................... $ 95 Administrative11.................................................................................. ...... .. $ 90 AdministrativeI .................................................. ......"..."................ ........... ,......... ,..................... ........................ $ 75 City Council 24 — 40 8/6/2024 EXHIBIT 3 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND GK & ASSOCIATES FOR ON -CALL ENGINEERING, TECHNICAL, AND ADMINISTRATIVE STAFF SUPPORT SERVICES THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by and between EC & AM Associates Inc. dba GK & Associates, ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant for on -call engineering, technical, and administrative staff support services B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) Consultants selected to provide Engineering, Technical, and Administrative Staff Support Services on an as needed basis under RFP 24-001. The total compensation for services provided by all Consultants selected under RFP No. 24-001 is a collective amount not to exceed two million five hundred thousand dollars ($2,500,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House (ACH) transfers. Consultant agrees to execute the 1 City Council 24 — 41 8/6/2024 City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 6, 2024 for a three (3) year term expiring August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the entire Term of this Agreement against claims for injuries to persons or damage to property which 2 City Council 24 — 42 8/6/2024 may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. City Council 24 — 43 8/6/2024 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AXII, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial M City Council 24 — 44 8/6/2024 or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.81 to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) 5 City Council 24 — 45 8/6/2024 is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the 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 Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of 0 City Council 24 — 46 8/6/2024 termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 7 City Council 24 — 47 8/6/2024 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Ghazala Khan President GK & Associates 3333 South Brea Canyon Road, Suite 120 Diamond Bar, CA 91765 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 24 — 48 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: tr�.t Jos e ntoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Nabil Saba oezflz4o�oa;ao°Saba aroo, Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: g � (Ahaz6lKhan President City Council 24 — 49 8/6/2024 EXHIBIT A SCOPE OF WORK City Council 24 — 50 8/6/2024 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE STAFF SUPPORT SERVICES RFP NO.24-001 INTRODUCTION The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people. The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Plan Check, Project Management, Inspection, Oversight and delivery of Public Work Services. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering, technical, and administrative support services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. The City may select up to five (5) consultants to provide the services described herein. Description of Work: On as needed basis, the Consultants will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects) review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects. In addition, services may include traffic signal design, road striping, survey services, contract management, project inspection and oversight, and administrative support services. City of Santa Ana RFP 24-001 City Council age 4 — 51 8/6/2024 Consultant Responsibilities: On an on -call basis, the Consultants might be requested to fill position titles listed below. The Consultant's ability to fill all listed positions is desirable, but not a requirement. En2ineering/Technical • Project Engineer • Senior Civil Engineer (P.E. License Required) • Assistant Engineer H, (Civil, Traffic, Electrical, Mechanical) • Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical) • Engineering Aide • CADD — Designer • GIS Analyst • Land Surveyor (L.S. License Required) • Project Manager • Field Inspector (Construction) • Field Inspector (Buildings) • Storm Water Coordinator • Plan Check Engineer (Grading, Street Improvement, Utilities) • Map Checker Administrative • Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Senior Office Assistant • Contract Administrator • Permit Parking Assistant After the City identifies the need for a position to be filled, the selected consultants will be asked to expeditiously provide resumes of the candidates for the positon. The City reserves the right to interview any of the candidates prior to making the selection. Registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and City issued building access cards (temporary identification), if the City determines that the chosen candidate will work at a City work site. Many of the parking areas at City work sites require payment. The City does not reimburse for consultant parking. City of Santa Ana RFP 24-001 City Council age 4 — 52 8/6/2024 Sample Fee Proposal Consultant shall submit a fee proposal as described below. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown. This schedule will be used for comparison purposes only. PROPOSER FEE RATE SCHEDULE COMPANY NAME (date) TITLE Project Engineer $ Senior Civil Engineer (P.E., License Required) $ Assistant Engineer II $ Assistant Engineer I $ Engineering Aide $ CADD- Designer $ GIS- Analyst $ Land Surveyor (L.S., License Required) $ Project Manager $ Field Inspector (Construction) $ Building Inspector (Buildings) $ Storm Water Coordinator $ Plan Check Engineer $ Map Checker $ Senior Accounting Assistant $ Accounting Assistant $ Administrative Assistant $ Senior Office Assistant $ Contract Administrator $ Permit Parking Assistant $ BILLING RATE Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. City of Santa Ana RFP 24-001 City Council age 4 — 53 8/6/2024 City of Santa Ana RFP 24-001 City Council age 4 — 54 8/6/2024 EXHIBIT B City Council 24 — 55 8/6/2024 Fee Schedule 3333 Brea Canyon Road, Ste. 120 Diamond Bar, CA 91765 www.2kandassociates.com GK & ASSOCIATES STANDARD HOURLY RATE SCHEDULE 2024 EFFECTIVE FOR ONE YEAR FROM SIGNED CONTRACT DATE TITLE HOURLY RATES Project Manager $215 Construction Manager (P.E.) $187 Construction Manager (CCM) $165 Plan Check Engineer $159 Construction Inspector $165 (prevailing wage)* Contract Administrator $102 Administrative Assistant $95 *Based on a minimum of 4 hours. Overtime Overtime for non -Exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classification will be charged at 1 x hourly rate. Annual Escalation GK & Associates rates are subject to yearly increases based on the Consumer Price Index (CPI). �j{v rni inril 94 — rjFj 816,19094 Tele: 909-595-1940, Fax: 909-595-1314, Email: GKhan@GKandassociates.com EXHIBIT 4 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND RICHARD FISHER ASSOCIATES FOR ON -CALL ENGINEERING, TECHNICAL, AND ADMINISTRATIVE STAFF SUPPORT SERVICES THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by and between Richard Fisher Associates ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant for on -call engineering, technical, and administrative staff support services B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) Consultants selected to provide Engineering, Technical, and Administrative Staff Support Services on an as needed basis under RFP 24-001. The total compensation for services provided by all Consultants selected under RFP No. 24-001 is a collective amount not to exceed two million five hundred thousand dollars ($2,500,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made 1 City Council 24 — 57 8/6/2024 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 6, 2024 for a three (3) year term expiring August 6, 2027 with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the 2 City Council 24 — 58 8/6/2024 entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. City Council 24 — 59 8/6/2024 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AN11, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) fl City Council 24 — 60 8/6/2024 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any 5 City Council 24 — 61 8/6/2024 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 0 City Council 24 — 62 8/6/2024 15. TERNIINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 7 City Council 24 — 63 8/6/2024 To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Richard Fisher Owner Richard Fischer Associates 4902 Kron Irvine, CA 92604 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. [Signatures on the following page] City Council 24 — 64 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 1 ! Jose rntoya Assistant City Attorney RECOMMENDED FOR APPROVAL: Digll,lly signed by Nabil Saba Nabil Saba Date: 2024.07.O8 10:00:27 -02'00 Nabil Saba, PE Executive Director Public Works Agency 9 CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: Owner Fisher City Council 24 — 65 8/6/2024 EXHIBIT A SCOPE OF WORK City Council 24 — 66 8/6/2024 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE STAFF SUPPORT SERVICES RFP NO.24-001 INTRODUCTION The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people. The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Plan Check, Project Management, Inspection, Oversight and delivery of Public Work Services. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering, technical, and administrative support services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. The City may select up to five (5) consultants to provide the services described herein. Description of Work: On as needed basis, the Consultants will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects) review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects. In addition, services may include traffic signal design, road striping, survey services, contract management, project inspection and oversight, and administrative support services. City of Santa Ana RFP 24-001 City Council age 4 — 67 8/6/2024 Consultant Responsibilities: On an on -call basis, the Consultants might be requested to fill position titles listed below. The Consultant's ability to fill all listed positions is desirable, but not a requirement. En2ineering/Technical • Project Engineer • Senior Civil Engineer (P.E. License Required) • Assistant Engineer H, (Civil, Traffic, Electrical, Mechanical) • Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical) • Engineering Aide • CADD — Designer • GIS Analyst • Land Surveyor (L.S. License Required) • Project Manager • Field Inspector (Construction) • Field Inspector (Buildings) • Storm Water Coordinator • Plan Check Engineer (Grading, Street Improvement, Utilities) • Map Checker Administrative • Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Senior Office Assistant • Contract Administrator • Permit Parking Assistant After the City identifies the need for a position to be filled, the selected consultants will be asked to expeditiously provide resumes of the candidates for the positon. The City reserves the right to interview any of the candidates prior to making the selection. Registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and City issued building access cards (temporary identification), if the City determines that the chosen candidate will work at a City work site. Many of the parking areas at City work sites require payment. The City does not reimburse for consultant parking. City of Santa Ana RFP 24-001 City Council age 4 — 68 8/6/2024 Sample Fee Proposal Consultant shall submit a fee proposal as described below. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown. This schedule will be used for comparison purposes only. PROPOSER FEE RATE SCHEDULE COMPANY NAME (date) TITLE Project Engineer $ Senior Civil Engineer (P.E., License Required) $ Assistant Engineer II $ Assistant Engineer I $ Engineering Aide $ CADD- Designer $ GIS- Analyst $ Land Surveyor (L.S., License Required) $ Project Manager $ Field Inspector (Construction) $ Building Inspector (Buildings) $ Storm Water Coordinator $ Plan Check Engineer $ Map Checker $ Senior Accounting Assistant $ Accounting Assistant $ Administrative Assistant $ Senior Office Assistant $ Contract Administrator $ Permit Parking Assistant $ BILLING RATE Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. City of Santa Ana RFP 24-001 City Council age 4 — 69 8/6/2024 City of Santa Ana RFP 24-001 City Council age 4 — 70 8/6/2024 EXHIBIT B City Council 24 — 71 8/6/2024 Fee Proposal for ON -CALL LANDSCAPE INSPECTION SERVICES R F P 24-001 March 26, 2024 Richard Fisher Associates Richard Fisher Associates • Landscape Architects 4902 Kron • Irvine, CA 92604 (714) 342-5467 • rfisher@rfaland.com City Council 24 — 72 8/6/2024 City Council 24 — 73 8/6/2024 PROPOSER FEE RATE SCHEDULE RICHARD FISHER ASSOCIATES March 26, 2024 TITLE BILLING RATE Project Landscape Architect $150.00 Principal Plan Checker $150.00 Design Associate $110.00 AutoCAD Operator $85.00 Certified Arborist $145.00 Sr. Landscape Inspector $145.00 Word Processor $60.00 City Council 24 — 74 8/6/2024 EXHIBIT 5 CONSULTANT AGREEMENT BETWEEN THE CITY OF SANTA ANA AND LADAYU CONSULTING GROUP FOR ON -CALL ENGINEERING, TECHNICAL, AND ADMINISTRATIVE STAFF SUPPORT SERVICES THIS AGREEMENT is made and entered into on this 6th day of August, 2024 by and between Ladayu Consulting Group ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant for on -call engineering, technical, and administrative staff support services B. Consultant represents that Consultant is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Scope of Work - Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. Consultant is one of five (5) Consultants selected to provide Engineering, Technical, and Administrative Staff Support Services on an as needed basis under RFP 24-001. The total compensation for services provided by all Consultants selected under RFP No. 24-001 is a collective amount not to exceed two million five hundred thousand dollars ($2,500,000.00) during the term of the Agreement, including any extension periods. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made 1 City Council 24 — 75 8/6/2024 through Automated Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payments directly into Consultant's account(s) with financial institutions. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on August 6, 2024 for a three (3) year term expiring August 5, 2027 with the option for the City to grant up to one (1) two (2) year renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require any subcontractors to obtain and maintain insurance as described below for the 2 City Council 24 — 76 8/6/2024 entire Term of this Agreement against claims for injuries to persons or damage to property which may arise from or in connection with services, products and materials supplied to City. Total cost of such insurance shall be borne by Consultant. MINIMUM SCOPE AND LIMIT OF INSURANCE 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate. Required policy limits can be met with primary and umbrella/excess insurance policies. 2. Automobile Liability: Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with limits no less than $1,000,000 combined single limits. In the event Consultant does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, policy or employee, for bodily injury or disease. Coverage is not required if Consultant has no employees and signs request to waive such insurance. 4. Professional Liability Insurance: with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 aggregate. If Consultant maintains broader coverage and/or higher limits than the minimum requirements for each line of coverage shown above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1. City, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Consultant's CGL, Professional Liability, and Automobile Liability policies, with respect to any liability arising out of work or operations performed by or on behalf of the Instructor including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2. Consultant's Insurance company(ies) agrees to waive all rights of subrogation against City, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of any policy which arise from work performed by Consultant under this Agreement. City Council 24 — 77 8/6/2024 3. For any claims related to this contract, Consultant's insurance coverage shall be primary and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Consultant's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Risk Management Division, 20 Civic Center Plaza, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self -Insured Retentions Self -insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the State of California with a current A.M. Best rating of no less than AN11, unless otherwise acceptable to City. Verification of Coverage Consultant shall furnish City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant's obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 7. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) fl City Council 24 — 78 8/6/2024 from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any 5 City Council 24 — 79 8/6/2024 information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION 0 City Council 24 — 80 8/6/2024 This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: 7 City Council 24 — 81 8/6/2024 City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax: 714- 647-6956 With courtesy copies to: Executive Director, Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 To Contractor: Dan Garcia, PE, REA, CPP Director of Engineering Ladayu Consulting Group 316 Tejon Place Palos Verdes Estates, CA 90274 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS 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. [Signatures on the following page] 0 City Council 24 — 82 8/6/2024 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written_ ATTEST: Jennifer L. Hall City Clerk APPROVED AS TO FORM: SOMA R. CARVALHO City Attorney Jose Jos ontoya Assistant City Attorney RECOMMENDED FOR APPROVAL: ❑igitally signed by Nabil N a b i l Saba Saba a e: 2024.07.09 09:54:45 -0T00- Nabil Saba, PE Executive Director Public Works Agency CITY OF SANTA ANA Alvaro Nunez Acting City Manager CONSULTANT: Dan Garcia, PE, REX,,. Director of Engineering City Council 24 — 83 8/6/2024 EXHIBIT A SCOPE OF WORK City Council 24 — 84 8/6/2024 Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR ON -CALL ENGINEERING, TECHNICAL AND ADMINISTRATIVE STAFF SUPPORT SERVICES RFP NO.24-001 INTRODUCTION The City of Santa Ana is located in the County of Orange in Southern California. The City encompasses 27.5 square miles and a population of over 325,000 people. The City of Santa Ana Public Works Agency is soliciting proposals for staff services from consulting firms to assist in the Design, Construction Management, Plan Check, Project Management, Inspection, Oversight and delivery of Public Work Services. In the past, the City has utilized professional and administrative staff on as needed basis to meet the goals and objectives of the City in the delivery of quality and on time services. The staff services are an extension to the current workforce and work in conjunction to better serve and complement the needs of the Public Works Agency. In summary, the City of Santa Ana is soliciting proposals from qualified firms to provide engineering, technical, and administrative support services for Public Works. This request for proposal (RFP) provides interested qualified firms with the information enabling them to submit a Service Bid Proposal and to provide the services described herein. The City may select up to five (5) consultants to provide the services described herein. Description of Work: On as needed basis, the Consultants will provide the City with professional staff to perform engineering, technical and administrative tasks on the delivery Public Work Services. These tasks may include: Engineering design for street rehabilitation and street widening projects plans and specifications. Underground utility design and review for water, sewer and storm drain plans and specifications; Electrical and Mechanical consulting, review of design of plans and specifications for water infrastructure (i.e. development and permit projects) review of and processing of right of way maps and legal descriptions; Engineering and administrative support of Neighborhood Traffic Management and Residential Permit Parking program; Landscaping and irrigation system design for public work projects. In addition, services may include traffic signal design, road striping, survey services, contract management, project inspection and oversight, and administrative support services. City of Santa Ana RFP 24-001 City Council age 4 — 85 8/6/2024 Consultant Responsibilities: On an on -call basis, the Consultants might be requested to fill position titles listed below. The Consultant's ability to fill all listed positions is desirable, but not a requirement. En2ineering/Technical • Project Engineer • Senior Civil Engineer (P.E. License Required) • Assistant Engineer H, (Civil, Traffic, Electrical, Mechanical) • Assistant Engineer I, (Civil, Traffic, Electrical, Mechanical) • Engineering Aide • CADD — Designer • GIS Analyst • Land Surveyor (L.S. License Required) • Project Manager • Field Inspector (Construction) • Field Inspector (Buildings) • Storm Water Coordinator • Plan Check Engineer (Grading, Street Improvement, Utilities) • Map Checker Administrative • Senior Accounting Assistant • Accounting Assistant • Administrative Assistant • Senior Office Assistant • Contract Administrator • Permit Parking Assistant After the City identifies the need for a position to be filled, the selected consultants will be asked to expeditiously provide resumes of the candidates for the positon. The City reserves the right to interview any of the candidates prior to making the selection. Registered Professional Engineers and Licensed Land Surveyors may be required to sign plans, specifications and contract legal documents. The City will accommodate the chosen candidate/s with a workstation, provide office supplies, and City issued building access cards (temporary identification), if the City determines that the chosen candidate will work at a City work site. Many of the parking areas at City work sites require payment. The City does not reimburse for consultant parking. City of Santa Ana RFP 24-001 City Council age 4 — 86 8/6/2024 Sample Fee Proposal Consultant shall submit a fee proposal as described below. The proposal will be used for fee comparison and evaluation purposes. The proposer shall complete this form and include it along with the billing rates breakdown. This schedule will be used for comparison purposes only. PROPOSER FEE RATE SCHEDULE COMPANY NAME (date) TITLE Project Engineer $ Senior Civil Engineer (P.E., License Required) $ Assistant Engineer II $ Assistant Engineer I $ Engineering Aide $ CADD- Designer $ GIS- Analyst $ Land Surveyor (L.S., License Required) $ Project Manager $ Field Inspector (Construction) $ Building Inspector (Buildings) $ Storm Water Coordinator $ Plan Check Engineer $ Map Checker $ Senior Accounting Assistant $ Accounting Assistant $ Administrative Assistant $ Senior Office Assistant $ Contract Administrator $ Permit Parking Assistant $ BILLING RATE Furthermore, this fee proposal will become part of Exhibit B of the Contract Agreement and will be used to compare with an actual work request. City of Santa Ana RFP 24-001 City Council age 4 — 87 8/6/2024 City of Santa Ana RFP 24-001 City Council age 4 — 88 8/6/2024 EXHIBIT B City Council 24 — 89 8/6/2024 PROPOSER FEE RATE SCHEDULE LADAYU CONSULTING GROUP TITLE BILLING RATE Project Engineer $ 180.00 / hour Senior Civil Engineer (PE, License Required $ 180.00 / hour Assistant Engineer II $ - Assistant Engineer I $ - Engineering Aide $ - CADD- Designer $ - GIS- Analyst $ - Land Surveyor (LS, License Required) $ - Project Manager $ 180.00 / hour Field Inspector (Construction) $ 160.00 / hour (Prevailing wage) Building Inspector (Buildings) $ - Storm Water Coordinator $ 180.00 / hour Plan Check Engineer $ 180.00 / hour Map Checker $ 180.00 / hour Senior Accounting Assistant $ - Accounting Assistant $ - Administrative Assistant $ - Contract Administrator $ 180.00 / hour Permit Parking Assistant $ - Associate Engineer $ 110.00 / hour City of Santa Ana RFP 24-001 City Council age 4 — 90 8/6/2024 Public Works Agency www.santa-ana.org/public-works Item # 25 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program AGENDA TITLE Approve an Agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the Assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Non -General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with the Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, and City of Fullerton for the assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (Agreement No. A-2024-XXX). GOVERNMENT CODE 04308 APPLIES: Yes DISCUSSION The Public Works Agency (PWA) oversees the operations of the City's water and sewer systems and is responsible for securing sufficient water supplies for its customers. The proposed Santa Ana River Conservation and Conjunctive Use Program (SARCCUP) Agreement (Exhibit 1) is a multi -agency, watershed -wide groundwater storage and recovery project involving multiple basins in the Santa Ana River Watershed, which provides a long-term solution for storing and accessing water supplies when the region is faced with periods of drought. The goal is to store available water during wet years in local groundwater basins throughout the watershed and extract the stored water during dry years to reduce the impacts from single and multi -year droughts. This agreement is specific to water banking in the Orange County Groundwater Basin, which is managed by the Orange County Water District (OCWD) and includes the Municipal Water District of Orange County (MWDOC) who represents OCWD regarding regional water supply issues managed by the Metropolitan Water District of Southern California (Metropolitan). OCWD undertakes all responsibilities associated with actively managing the SARCCUP banking program in the Orange County Groundwater Basin. A portion of MWDOC's service area overlies the Orange County Groundwater Basin and City Council 25 — 1 8/6/2024 Agreement for the Assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program August 6, 2024 Page 2 MWDOC's member agencies in this portion of its service area along with Anaheim, Fullerton, and Santa Ana pump groundwater from the Orange County Groundwater Basin in accordance with the Orange County Water District Act. During wet years, when surplus water is available to the Metropolitan, MWDOC may purchase the surplus water offered by the Metropolitan on behalf of, and whenever requested by, OCWD for water banking purposes. In turn, OCWD is responsible for managing the banked water in the Orange County Groundwater Basin. During dry years and periods of drought, the Metropolitan may declare a Water Supply Allocation that limits the amount of imported water available for purchase by its member agencies, including the City of Santa Ana. Water that has previously been purchased and stored in the Orange County Groundwater Basin and classified as "Extraordinary Supply" under the proposed SARCCUP agreement may be used to offset the reduction in imported water supply allocations. Staff recommends the approval of the recommended action because the agreement will allow the various agencies to leverage their collective resources to improve water resiliency while reducing budgetary impacts. ENVIRONMENTAL IMPACT There is no environmental impact associated with the action. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Agreement with Various Agencies for the Assignment of Extraordinary Supply from SARCCUP Submitted By: Nabil Saba, P.E., Executive Director— Public Works Agency Approved By: Alvaro Nunez, Acting City Manager City Council 25 — 2 8/6/2024 Agreement No. AO-5296 Among The Metropolitan Water District of Southern California, Municipal Water District of Orange County, Orange County Water District, City of Anaheim, City of Fullerton, and the City of Santa Ana Regarding the Assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program This Agreement among The Metropolitan Water District of Southern California (Metropolitan), Municipal Water District of Orange County (MWDOC), the Orange County Water District (OCWD), the City of Anaheim (Anaheim), the City of Fullerton (Fullerton), and the City of Santa Ana (Santa Ana) regarding the assignment of Extraordinary Supply from the Santa Ana River Conservation and Conjunctive Use Program (hereinafter "Agreement") is hereby entered into this day of 2024. Metropolitan, MWDOC, OCWD, Anaheim, Fullerton, and Santa Ana are collectively referred to as "Parties" and individually as a "Party" herein. RECITALS A. Metropolitan is a metropolitan water district organized under the Metropolitan Water District Act, codified at section 109-1, et seq. of West's Appendix to the California Water Code, and is engaged in developing, storing, and distributing water in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura. Metropolitan has a long- term contract with the California Department of Water Resources (DWR) which sets forth the terms and conditions of Metropolitan's participation in the State Water Project (SWP). B. MWDOC is a municipal water district formed and existing under the California Municipal Water District Act of 1911, Sections 71000 et seq. of the California Water Code, for purposes that include providing its 28 member agencies in Orange County, with reliable, high quality supplies from Metropolitan and other sources to meet present and future needs, at an AO- 1 ity Council 25 — 3 8/6/2024 equitable and economic cost, and to promote water use efficiency for all of Orange County. MWDOC is a member agency of Metropolitan. C. OCWD undertakes responsibilities associated with actively managing the Coastal Plain of Orange County Groundwater Basin (hereinafter "Orange County Groundwater Basin") OCWD was formed by an act of the California State Legislature in 1933 for the purpose of protecting and managing the Orange County Groundwater Basin. OCWD is a member agency of MWDOC, and purchases imported water for replenishment purposes from MWDOC. D. Anaheim is a California municipal corporation and a member public agency of Metropolitan. The city is located in northern and northeastern Orange County with its jurisdictional area overlying the Orange County Groundwater Basin. Anaheim is a member agency of OCWD. E. Fullerton is a California municipal corporation and a member public agency of Metropolitan. The city is located in northern and northeastern Orange County with its jurisdictional area overlying the Orange County Groundwater Basin. Fullerton is a member agency of OCWD. F. Santa Ana is a California municipal corporation and a member public agency of Metropolitan. The city is located in northern Orange County with its jurisdictional area overlying the Orange County Groundwater Basin. Santa Ana is a member agency of OCWD. G. The Santa Ana River Conservation and Conjunctive Use Program (SARCCUP) is a multi -agency, watershed -wide groundwater storage and recovery project involving multiple basins in the Santa Ana River Watershed. The goal is to store available water during wet years in local groundwater basins throughout the watershed and extract the stored water during dry years to reduce the impacts from single and multi -year droughts. AO- 2 ity Council 25 — 4 8/6/2024 H. The SARCCUP includes four water banking sites. Three of the sites are located within Metropolitan's service area. More specifically, the three aforementioned sites are in the Metropolitan member agency service areas of Eastern Municipal Water District (EMWD), Western Municipal Water District (WMWD), and MWDOC. The water banking facilities within MWDOC's service area are located within, owned, and operated, exclusively by OCWD. The fourth water banking site is within San Bernardino Valley Municipal Water District (Valley District)'s service area in the San Bernardino Basin Area (SBBA), which is located outside of Metropolitan's service area. The SARCCUP includes water delivery interconnections between SBBA and SARCCUP facilities in the Metropolitan service area. L OCWD undertakes all responsibilities associated with actively managing the SARCCUP banking program in the Orange County Groundwater Basin. A portion of MWDOC's service area overlies the Orange County Groundwater Basin and MWDOC's member agencies in this portion of its service area along with Anaheim, Fullerton, and Santa Ana pump groundwater from the Orange County Groundwater Basin in accordance with the Orange County Water District Act. J. On June 15, 2021, Valley District and Metropolitan entered into a Coordinated Operating and Surplus Water Agreement whereby Valley District may offer to sell to Metropolitan, and Metropolitan may purchase from Valley District, surplus SWP water. K. On November 9, 2021, Metropolitan, EMWD, WMWD, MWDOC, Inland Empire Utilities Agency (IEUA), and OCWD entered into an agreement (hereinafter "November 2021 SARCCUP Agreement") regarding SARCCUP. Under the November 2021 SARCCUP Agreement, Metropolitan agreed to "equally offer to WMWD, EMWD, and MWDOC for purchase an amount of water equivalent to 50% of the amount that Metropolitan purchases from AO- 3 ity Council 25 — 5 8/6/2024 Valley District during a calendar year for delivery to the SARCCUP water banking facilities" (hereinafter, "SARCCUP Water") L. On December 9, 2021, EMWD, WMWD, MWDOC, OCWD and IEUA entered into an additional SARCCUP agreement (hereinafter "December 2021 SARCCUP Agreement") governing MWDOC's access to SARCCUP Water (which is referred to in the December 2021 SARCCUP Agreement as "Allocated Water") for its own water supply purposes and prescribing the priority and process for the parties to the agreement to access SARCCUP Water and placing conditions on how, when, and where MWDOC may use SARCCUP Water. M. Under Section 1.13 of the November 2021 SARCCUP Agreement, MWDOC will purchase SARCCUP Water offered by Metropolitan on behalf of, and whenever requested by, OCWD for the SARCCUP water banking program. Also under Section 1.13 of the November 2021 SARCCUP Agreement, as the owners and operators of the SARCCUP water banking facilities, WMWD, EMWD, and OCWD will determine the delivery amounts to the SARCCUP water banking sites and may designate deliveries to IEUA or MWDOC on their behalf. Under Section 4 of the November 2021 SARCCUP Agreement, if SARCCUP Water purchased and stored within the Santa Ana River Watershed during the same calendar year otherwise complies with Metropolitan's Water Supply Allocation Plan last revised in December 2014 (or as any successor to such plan), then it will qualify as extraordinary local supply production (hereinafter: "Extraordinary Supply") N. As a wholesale member agency of Metropolitan, MWDOC has developed and adopted its own Water Supply Allocation Plan (hereinafter "MWDOC WSAP") for its retail member agencies, including OCWD. The plan largely reflects the implementation terms and conditions of Metropolitan's Water Supply Allocation Plan but is tailored to the MWDOC AO-r, RQ A 14 ity Council 25 — 6 8/6/2024 service area. Notably, MWDOC's WSAP tracks individual retail agency supplies and demands but utilizes an aggregate approach whereby credits and adjustments are prorated to best match MWDOC's allocation from Metropolitan. MWDOC's current policy under the MWDOC WSAP is not to subject its member agencies to allocation surcharges if its member agencies' combined imported water usage by the end of the Allocation Period is below the allocation established by Metropolitan for MWDOC's service area. O. MWDOC acknowledges that under the MWDOC WSAP, the SARCCUP Water MWDOC purchases on behalf of OCWD, that is stored and pumped from the Orange County Groundwater Basin, and approved by Metropolitan as certified Extraordinary Supply, shall be exclusively allocated to MWDOC's member retail water agencies that produced the SARCCUP Water from the Orange County Groundwater Basin. P. Under Section 5 of the November 2021 SARCCUP Agreement, Metropolitan agreed to assign any Extraordinary Supply benefit that would accrue to MWDOC as a result of actions taken by OCWD in accordance with a separate written agreement among Metropolitan, MWDOC, OCWD, Anaheim, Fullerton, and Santa Ana. Accordingly, the purpose of this Agreement is to provide the mechanism for MWDOC, on behalf of its member retail water agencies that pump water from the Orange County Groundwater Basin, and for Anaheim, Fullerton, and Santa Ana (which also overlie and pump water from the Orange County Groundwater Basin), to receive Extraordinary Supply credits from Metropolitan under Metropolitan's adopted Water Supply Allocation Plan where SARCCUP Water is pumped and used as extraordinary local supply during a Metropolitan declared allocation. AO- 5 ity Council 25 — 7 8/6/2024 AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the representations, warranties, covenants, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereby agree to the following terms and conditions. 1. Declaration of a Metropolitan Allocation Should Metropolitan's Board of Directors take action to declare an allocation and set an allocation amount to be in effect ("Allocation Period") under its Water Supply Allocation Plan, OCWD and MWDOC will confer with MWDOC's member retail water agencies that pump water from the Orange County Groundwater Basin, and Anaheim, Fullerton, and Santa Ana (hereinafter the "Groundwater Producers"). The purpose of this consultation will be, among other things, for OCWD to discuss the amount of SARCCUP Water it has in storage and to obtain information regarding the Groundwater Producers' need for Extraordinary Supply from the SARCCUP program to comply with Metropolitan's imported water allocation. 2. Pumping of Stored SARCCUP Water A. Based upon the consultation with the Groundwater Producers and MWDOC, and prior to the commencement of Metropolitan's Allocation Period, OCWD may act to incrementally increase its groundwater Basin Production Percentage (hereinafter "BPP") to incentivize the pumping of SARCCUP Water in storage by the Groundwater Producers. OCWD may also incentivize additional pumping of SARCCUP Water by the Groundwater Producers through other basin management tools authorized under the OCWD Act, including, but not limited to, the use of the Basin Equity Assessment, production limitations, and surcharges. A0- 6 ity Council 25 — 8 8/6/2024 Additional pumping of SARCCUP Water in storage undertaken by the Groundwater Producers would be above the planned local supply production baseline amount for the Metropolitan Allocation Period. B. During Metropolitan's Allocation Period, OCWD may consult with MWDOC and the Groundwater Producers regarding those agencies' consumption of imported water relative to their Metropolitan allocation amount, and further adjust the BPP or take other actions as it deems necessary to modify the pumping of SARCCUP water in storage by those agencies. 3. Documentation of SARCCUP Water Produced On a monthly basis, and upon completion of Metropolitan's Allocation Period, OCWD will work with MWDOC, Anaheim, Fullerton, and Santa Ana, to provide any relevant documentation required. OCWD will provide to MWDOC the amount of SARCCUP Water that the Groundwater Producers each pump from storage from the Orange County Groundwater Basin, including: A. The quantity of SARCCUP Water produced by the Groundwater Producers in excess of each Groundwater Producer's originally planned local supply production amount. B. An accounting of the change in storage and storage balance of SARCCUP Water in the Orange County Groundwater Basin during the Allocation Period. C. Other documentation as needed by MWDOC, Anaheim, Fullerton, and Santa Ana to comply with the applicable requirements of Metropolitan's Water Supply Allocation Plan and to certify the eligible Extraordinary Supply amounts. AO- 7 ity Council 25 — 9 8/6/2024 4. Extraordinary Supply Certification and Crediting A. MWDOC, Anaheim, Fullerton, and Santa Ana shall review and incorporate the documentation provided by OCWD as specified in Section 3 into any submitted certifications of Extraordinary Supply and other submissions to Metropolitan for compliance with Metropolitan's Water Supply Allocation Plan. If Metropolitan determines that certifications and other supporting documentation submitted by MWDOC, Anaheim, Fullerton, and Santa Ana are in accordance with the applicable requirements of Metropolitan's Water Supply Allocation Plan for such certifications, Metropolitan will qualify the water as Extraordinary Supply and will assign the benefit accordingly to MWDOC, Anaheim, Fullerton, and Santa Ana. B. Under MWDOC's WSAP, SARCCUP Water that is pumped by MWDOC's retail member agencies in the Orange County Groundwater Basin, and is certified by Metropolitan as Extraordinary Supply, shall be proportionally credited exclusively to those MWDOC retail member agencies that pumped the SARCCUP Water. MWDOC shall base such crediting upon documentation submitted by OCWD and MWDOC's retail member agencies in the Orange County Groundwater Basin. 5. Records and Inspection Metropolitan, MWDOC, OCWD, Anaheim, Fullerton, and Santa Ana will keep records of SARCCUP Water storage and production pursuant to this Agreement. The SARCCUP Water storage and production records of each agency will be open to inspection by the other agencies upon reasonable notice. The agencies will cooperate to develop coordinated administrative procedures for the tracking required under this Agreement. A0- 8 ity Council 25 — 10 8/6/2024 6. C h a n g e s t o Me ter Swtwlor AllodatiDmPlaa Wa Metropolitan, MWDOC, OCWD, Anaheim, Fullerton, and Santa Ana acknowledge that Metropolitan's Water Supply Allocation Plan is established by Metropolitan's Board of Directors and is subject to change. Should Metropolitan's Board of Directors take actions to change the Water Supply Allocation Plan in a manner that materially affects the terms of the Agreement, the Parties will work together in good faith to develop procedures to fulfill the intent of this Agreement in a manner that is consistent with any changes to Metropolitan's Water Supply Allocation Plan. 7. Severability In the event that a court of competent jurisdiction determines that a provision included in this Agreement is legally invalid or unenforceable and such decision becomes final, the Parties to this Agreement shall use their best efforts to (i) within thirty (30) days of the date of such final decision, identify by mutual agreement the provisions of this Agreement which must be revised, and (ii) within three (3) months thereafter promptly agree on the appropriate revision(s). The time periods specified above may be extended by mutual agreement of the Parties. Pending the completion of the actions designated above, to the extent it is reasonably practical and can be done without violating any applicable provisions of law, the provisions of this Agreement, which were not found to be legally invalid or unenforceable in the final decision, shall continue in effect. If the Parties cannot agree on appropriate revisions, this Agreement shall be terminated. 8. Further Assurances Each Party hereto, upon the request of the other, agrees to perform such further acts and to execute and deliver such other documents as are reasonably necessary to carry out the AO- 9 ity Council 25 —11 8/6/2024 provisions of this Agreement. The Parties agree to perform such further acts timely when performing all obligations under this Agreement. 9. Counterparts This Agreement may be executed in two or more counterparts, each of which, when executed and delivered, shall be an original and all of which together shall constitute one instrument, with the same force and effect as though all signatures appeared on a single document. 10. Dispute Resolution in the event of a dispute between the Parties regarding this Agreement, the Parties may attempt to resolve the dispute by using the services of a mutually acceptable mediator before a third -party neutral prior to initiating litigation in court. If the Parties decide to use a mediator, they will equally share the mediator's fees and expenses. 11. Successors and Assigns This Agreement shall bind and inure to the benefit of the successors and assigns of the Parties; provided, however, no Party shall assign any of its rights or obligations under this Agreement without the prior written consent of the other Parties. Nothing in this Agreement is intended to confer any right or remedy under this Agreement on any person other than the Parties to this Agreement and their respective successors and permitted assigns, or to relieve or discharge any obligation or liability of any person to any Party to this Agreement, or to give any person any right of subrogation or action over or against any Party to this Agreement. 12. Waiver/Cure of Defaults The failure of any Party to enforce against another Parry a provision of this Agreement shall not constitute a waiver of that Party's right to enforce such a provision at a later time. No Party shall be deemed to be in default of any provision of this Agreement unless the other Party AO-r, RQ A 110 ity Council 25 — 12 8/6/2024 has given written notice specifically stating the alleged default and the Party in default fails to cure the default within sixty (60) days of receipt of such written notice. 13. No Obligation to Third Parties The approval, execution and performance of this Agreement does not confer any rights upon any person or entity other than the Parties to this Agreement. 14. Termination This Agreement will terminate on December 31, 2085. 15. Late Arising Claims If a claim arising under or with respect to one or more terms of this Agreement has not been resolved when such term terminates, or if such a claim is brought after this Agreement has terminated, but within the period of time for bringing such a claim under California law (Late Arising Claim), the provisions of this Agreement shall continue in full force and effect for such additional period of time as is necessary to resolve such claims and to satisfy the rights and obligations of the Parties hereto with respect thereto. 16. Entire Agreement This Agreement constitutes the final, complete and exclusive statement of the terms of the agreement among the Parties pertaining to the matters provided herein during the term and supersedes all prior and contemporaneous understandings or agreements of the Parties related thereto. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty outside those expressly set forth in this Agreement. 17. Notices All notices, requests, and demands hereunder (Notices) shall be in writing, including electronic communications, and shall be deemed to have been duly given when delivered (or, if AO-r, RQ A 111 ity Council 25 — 13 8/6/2024 mailed, postage prepaid, on the third business day after mailing, if that date is earlier than actual delivery). Notices shall be sent to a Party at the address of that Party set forth below or, if such Party has furnished notice of a change of that address as herein provided, to the address of that Party most recently so furnished. Metropolitan Water District of Southern California Attention: General Manager P.O. Box 54153 Los Angeles, CA 90054-0153 Municipal Water District of Orange County Attention: General Manager P.O. Box 20895 Fountain Valley, CA 92708 Orange County Water District Attention: General Manager 18700 Ward St Fountain Valley, CA 92708 City of Anaheim Public Utilities Department 201 S. Anaheim Blvd., Suite 1101 Anaheim, CA 92805 City of Fullerton Attention: Public Works Director 303 W. Commonwealth Avenue Fullerton, CA 92832 City of Santa Ana Attention: Public Works Director 220 S. Daisy Avenue, M-85 Santa Ana, CA 92703 AO- 12 ity Council 25 — 14 8/6/2024 18. Governing Law The validity, construction, and enforceability of this Agreement shall be governed in all respects by the laws of the State of California. 19. Electronic Signatures Any Party may execute this Agreement using an "electronic signature," as that term is defined in California Civil Code Section 1633.2, or a "digital signature," as defined by California Government Code Section 16.5. An electronic or digital signature will have full legal effect and enforceability. [Signatures on Following Page] AO-r, RQ A 113 ity Council 25 — 15 8/6/2024 In WITNESS WHEREOF, the Parties have caused this Agreement to be executed by the following duly authorized representatives. THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA Adel Hagekhalil General Manager Brad Coffey Dated Manager, Water Resource Management APPROVED AS TO FORM: Marcia L. Scully General Counsel Michael W. Hughes Senior Deputy General Counsel MUNICIPAL WATER DISTRICT OF ORANGE COUNTY Harvey De La Torre General Manager APPROVED AS TO FORM: Best, Best & Krieger Joseph Byrne Dated AO- 14 ity Council 25 — 16 8/6/2024 ORANGE COUNTY WATER DISTRICT John Kennedy General Manager APPROVED AS TO FORM: Rutan &Tucker LLP Jeremy Jungreis CITY OF ANAHEIM Dated Dukku Lee Dated Public Utilities General Manager APPROVED AS TO FORM: Office of City Attorney Andrew Lee Deputy City Attorney AO- 15 ity Council 25 — 17 8/6/2024 CITY OF FULLERTON By: Eric Levitt City Manager APPROVED AS TO FORM: Office of City Attorney By: Richard D. Jones City Attorney CITY OF SANTA ANA By: Alvaro Nunez Acting City Manager APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: randon Salvatierra Deputy City Attorney Attest: Jennifer L. Hall City Clerk Dated Dated A0- 16 ity Council 25 — 18 8/6/2024 Community Development Agency www.santa-ana.org/community-development Item # 26 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Workforce Innovation and Opportunity Act Subgrant Agreements AGENDA TITLE Resolution Authorizing the City Manager or Designee to Execute Subgrant Agreements to Receive Workforce Innovation and Opportunity Act Funds for a Four -Year Period Expiring June 30, 2028 (Non -General Fund) RECOMMENDED ACTION Adopt a resolution authorizing the City Manager or designee to execute subgrant agreements (AA511027) and all necessary documents for Workforce Innovation and Opportunity Act funds from the State of California for a four-year period from July 1, 2024 to June 30, 2028. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL NECESSARY DOCUMENTS TO RECEIVE FUNDS FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA, WORKFORCE SERVICES DIVISION, FOR A PERIOD FROM JULY 30, 2024 TO JUNE 30, 2028 GOVERNMENT CODE 04308 APPLIES: Yes DISCUSSION The City of Santa Ana (City) was designated as a Local Workforce Development Area by the State, pursuant to the Workforce Innovation and Opportunity Act (WIOA). Under WIOA, Local Workforce Development Areas, such as the City, receive formula allocations on an annual basis to operate job -training programs for adults, economically disadvantaged youth, and dislocated workers, and address the workforce needs of area businesses. A new subgrant is required at the beginning of each fiscal year. Submittal of the subgrant agreement will enable the City to receive WIOA Youth Formula Funds. As in previous years, the State has provided a subgrant agreement for Program Year 2024- 25. Upon approval of the resolution (Exhibit 1) and execution of the subgrant agreement, the City's Youth formula allocation is $770,569 (see Exhibit 2). The State has notified staff that the City's Adult allocation will be $743,809 (see Exhibit 3, Round - $146,227 and Round 2 - $597,582 combined Adult allocation) and $546,957 for City Council 26 — 1 8/6/2024 Workforce Innovation and Opportunity Act Subgrant Agreements August 6, 2024 Page 2 Dislocated Worker (see Exhibit 3, Round 1 - $117,906 and Round 2 - $429,051 combined Dislocated Worker allocation). Both allocations will be incorporated by a unilateral modification to the subgrant agreement at a later date. FISCAL IMPACT There is no fiscal impact associated with this action. However, the adopted FY 2024-25 budget includes $870,470 in WIOA Youth grant funding (12318XXX-6XXXX). The actual WIOA Youth grant award of $770,569 will require budget adjustments to Administrative Costs (WDB Admin Salaries Regular, 12318748-61000, One Stop Admin Salaries Regular, 12318752-61000) and Program Expenses (WIOA Youth, 12318763-various) by $(9,990.10) and $(89,910.90), respectively. A staff report will be presented to the City Council in December 2024 to reduce grant expenditures of all WIOA programs. EXHIBIT(S) 1. Resolution 2. PY 24-25 Subgrant Agreement 3. Information Bulletin WSIN23-50 WIOA Title I Formula Allocations PY 24-25 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, Acting City Manager City Council 26 — 2 8/6/2024 EXHIBIT 1 RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A SUBGRANT AGREEMENT AND ALL NECESSARY DOCUMENTS TO RECEIVE FUNDS FOR THE WORKFORCE INNOVATION AND OPPORTUNITY ACT WITH THE STATE OF CALIFORNIA, WORKFORCE SERVICES DIVISION, FOR A PERIOD FROM JULY 30, 2024 TO JUNE 30, 2028 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 Workforce Innovation and Opportunity Act (WIOA) of 2014 provides funds to Local Workforce Development Areas (LWDA) to operate job -training programs permissible under the Act for adults, dislocated workers and youth meeting specific criteria set forth in the Act. B. The California Workforce Investment Board recommended approval that Santa Ana be designated as a local workforce development area under WIOA. The Governor and Secretary of the Labor and Workforce Development Agency concurred with the recommendation. C. Anew sub -grant is required at the beginning of each fiscal year in order to avoid the commingling of funds from the previous year. Submittal of this sub -grant is the first step in the process enabling the City of Santa Ana to receive WIOA funds as they are allocated by the State of California at the beginning of each new fiscal year. D. Submittal of the sub -grant agreement will enable the City to receive WIOA Youth Formula Funds. The City will also receive Adult and Dislocated Worker Formula Funds through a unilateral modification from the State of California. E. The sub -grant and other related documents from the State of California must be reviewed and executed by the City of Santa Ana in order to receive said funding. Section 2. The City Council of the City of Santa Ana hereby authorizes the City Manager or his/her/their designee to perform any and all duties and to execute all necessary documents related to the sub -grant with the State of California, Workforce Services Division, until June 30, 2028 to correspond with the State's current Unified City Council 26 — 3 Resolution WR!3 ,244xxX Pagel of 2 EXHIBIT 1 Strategic Workforce Development Plan, so long as the City remains designated as a local workforce development area under WIOA. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2024. Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney -J l Andrea Garcia -Miller Assistant City Attorney AYES: NOES: Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATION OF ATTESTATION AND ORIGINALITY I, JENNIFER L. HALL, City Clerk, do hereby attest to and certify the attached Resolution No. 2024- to be the original resolution adopted by the City Council of the City of Santa Ana on , 2024. Date: City Clerk City of Santa Ana City Council 26 — 4 Resolution WP.13 ,244xxX Page 2 of 2 EXHIBIT 2 WIOA SUBGRANT AGREEMENT City of Santa Ana PASS -THROUGH ENTITY: State of California Employment Development Dept. Central Office Workforce Services Division P.O.Box 826880, MIC 69 Sacramento, CA 94280-0001 SUBGRANT NO: AA511027 MODIFICATION NO: New SUBRECIPIENT CODE: SAN UNIQUE ENTITY NO: INDIRECT COST RATE: SUBRECIPIENT: City of Santa Ana 801 W. Civic Center Drive SANTA ANA, CA 92701 GOVERNMENTAL ENTITY: Yes This Subgrant Agreement is entered into by and between the State of California, Employment Development Department, hereinafter the Pass -through Entity, and the City of Santa Ana, hereinafter the Subrecipient. The Subrecipient agrees to operate a program in accordance with the provisions of this Subgrant and to have an approved Workforce Innovation and Opportunity Act (WIOA) Local Plan for the above named Pass -through Entity filed with the Pass -through Entity pursuant to the WIOA. This modification consists of this sheet and those of the following exhibits, which are attached hereto and by this reference made a part hereof: Funding Detail Chart General Provisions Youth Formula Rd 1 ALLOCATION(s) The Pass -through Entity agrees to reimburse the Subrecipient not to exceed the amount listed hereinafter 'TOTAL' TERM OF AGREEMENT From:4/1/2024 To:6/30/2026 PRIOR AMOUNT INCREASE/DECREASE: TOTAL: $0.00 $770,569.00 $770,569.00 Terms of Exhibits are as designated on each exhibit PURPOSE: The purpose of this action is to initiate Program Year (PY) 2024-25 WIOA Subgrant and incorporate WIOA Youth Formula funding under Grant Code 301. The term of these funds is from April 1, 2024, to June 30, 2026. APPROVED FOR PASS -THROUGH ENTITY(EDD) APPROVED FOR SUBRECIPIENT (By Signature) (By Signature) Name and Title Name and Title KIMBERLEE MEYER CHIEF CENTRAL OFFICE WORKFORCE SERVICES DIVISION I hereby certify that to my knowledge, the budgeted This agreement does not fall within the meaning of Section funds are available for the period and purpose of 10295 of Chapter 2 of Part 2 of Division 2 of the Public expenditures as stated herein Contract Code of the State of California and pursuant to 58 OPS Cal. Atty. Gen 586, is exempt from review or approval of the Dept. of General Services and the Dept. of Finance Signature of EDD Accounting Officer Budget item: 7100 Fund: 0869 Budgetary Attachment: No Chapter: Statute:2024 FY:24/25 1 of 14 City Council 26 — 5 8/6/2024 SUBGRANT AGREEMENT FUNDING DETAIL SHEET City of Santa Ana I. Allocation Funding Source Prior Amount Increase WIA/WIOA Formula 96105 301 Youth Formula Rd 1 04/01/2024 to 06/30/2026 Prog/Element 61 /90 Ref 101 Fed Catlg 17.259 Total WIA/WIOA Formula Grand Total: $0.00 $770,569.00 $0.00 $770,569.00 $0.00 $770,569.00 EXHIBIT 2 SUBGRANT NO:AA511027 MODIFICATION NO:New Decrease Adjusted Allocation $0.00 $770,569.00 $0.00 $770,569.00 $0.00 $770,569.00 All referen^- - -re ------ - — ^ } — — 1-4p 2 of 14 otherwise n cations purposes only. All other terms a and ions of exhibit n n ,., ey.,n h n P P Y� - 8/6/2024 EXHIBIT 2 NARRATIVE SUBGRANT NO:AA511027 MODIFICATION NO: 0 SUBRECIPIENT:City of Santa Ana FAIN NO: 24A55AY000066 FEDERAL AWARD DATE: 6/21/2024 FUNDING SOURCE: Youth Formula Rd 1 - 301 TERM OF THESE FUNDS: 04/01/2024 - 06/30/2026 ;Use of funds added by this modification is limited to this period and :additionally limited by the recapture provisions applicable to this funding source. The state may at its discretion recapture funds ;obligated under this exhibit, if expenditure plans are not being met. PROGRAM NARRATIVE The purpose of this action is to initiate this Local Area's new Program Year (PY) 2024-25 Workforce Innovation and Opportunity Act (WIOA) Title I subgrant agreement and to incorporate WIOA Youth formula funding into Grant Code (GC) 301. The amount in GC 301 represents this Local Area's entire Youth formula allocation for PY 2024-25. The term date for these funds is April 1, 2024 through June 30, 2026. FAIN 24A55AY000066. The Local Area will operate the WIOA program in accordance with the approved Workforce Innovation and Opportunity Plan on file in the Central Office Workforce Services Division of the Employment Development Department, P.O. Box 826880, MIC 50, Sacramento, CA 94280-0001. Note: By signing this subgrant you agree to all of the Terms and Conditions issued by the Department of Labor for all WIOA funding for Program Year (PY) 2024. The Term and Conditions are included in the transmission of this Master Subgrant. ;This exhibit adds to and does not replace the terms and conditions of any other exhibit included in this :agreement which terms and conditions remain in full force and effect. WIOA (2015) 3 of 14 City Council 26 — 7 8/6/2024 EXHIBIT 2 Subrecipient:City of Santa Ana WIOA SUBGRANT AGREEMENT Subgrant No:AA511027 Modification No: New 1. Compliance In performance of this subgrant agreement, Subrecipient will fully comply with: a. The provisions of the Workforce Innovation and Opportunity Act (WIOA), (29 U.S.C. §§ 3101- 3361 (2014), WIOA Final Regulations, and all legislation, regulations, directives, policies, procedures and amendments issued pursuant thereto. b. All State legislation and regulations to the extent permitted by federal law and all policies, directives and/or procedures, which implement WIOA. c. Title 2, Code of Federal Regulations (C.F.R.) part 200 (Office of Management and Budget Guidance) [OMB Guidance]. d. Title 2, C.F.R. Part 2900 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) [Uniform Requirements]. e. The provisions of the Jobs for Veterans Act (Pub. L. No. 107-288) as the law applies to Department of Labor (DOL) job training programs. f. Subrecipient will ensure diligence in managing programs under this subgrant agreement, including performing appropriate monitoring activities and taking prompt corrective action against known violations of WIOA. 2. Certifications, Assurances, Standards Except as otherwise indicated, the Subrecipient agrees to comply with the certifications, assurances and standards set out in Exhibit A: Certifications and Assurances, Exhibit B: Intellectual Property Provisions and Exhibit C: Confidentiality Requirements. Failure to comply with all requirements of the certifications, assurances and standards may result in suspension of payment under this subgrant agreement or termination of this subgrant agreement or both, and the Subrecipient may be ineligible for award of future state subgrant agreements/contracts if the Pass -through Entity determines that any of the following has occurred: a. false information on the certifications, assurances and standards, or b. violation of the terms of the certifications, assurances and standards by failing to comply with the requirements noted in Exhibits A, B and C. 3. Funding It is mutually understood between the parties that this subgrant agreement may have been written before ascertaining the availability of congressional and legislative appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays which would occur if the subgrant agreement was executed after that determination was made. a. This subgrant agreement is valid and enforceable only if i. sufficient funds are made available by the State Budget Act of the appropriate state fiscal years covered by this subgrant agreement for the purposes of this program, and ii. sufficient funds are made available to the state by the United States Government for the fiscal years covered by this subgrant agreement for the purposes of this program. In addition, this subgrant agreement is subject to any additional restrictions, limitations, or conditions enacted by the Congress and Legislature or any statute enacted by the Congress and Legislature which may affect the provisions, terms, or funding of this subgrant agreement in any manner. b. At the expiration of the terms of this subgrant agreement or upon termination prior to the expiration of this subgrant agreement, funds not obligated for the purpose of this subgrant agreement will be immediately remitted to the Pass -through Entity, and no longer available to the Subrecipient. c. The Pass -through Entity retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation of the program, providing the Subrecipient is given prompt notice and the opportunity for an informal review of the Pass -through Entity's decision. The EDD Chief Deputy Director or his/her designee will perform this informal review and will issue the final administrative decision within 60 days of receiving the written request for review. Failure on the part of the Subrecipient or a Subcontractor of the Subrecipient to comply with the provisions of this subgrant agreement, or with WIOA or other applicable regulations, when such failure involves fraud or misappropriation of funds, may result in immediate withholding of funds. d. If applicable, the chief elected official (CEO) of a unit of general local government designated as a Local Workforce Development Area shall be liable to the Pass -through Entity for all funds not expended in accordance with WIOA, and shall return to the Pass -through Entity all of those funds. If there is more than one unit of general local government in a local area, the CEO(s) will be the individual(s) designated under an agreement executed by the CEO(s) of the local units of government. The CEO(s) designated under the agreement shall be liable to the Pass -through Entity for all funds not expended in accordance with WIOA, and shall return to the Pass -through Entity all of those funds. 4. Requirement to Provide Certain Information in Public Communications (Steven's Amendment) Pursuant to Public Law 116-260, Division H, Title V, Section 505, when issuing statements, press releases, requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with Federal money, all non -Federal entities receiving Federal funds shall clearly state: a. The percentage of the total costs of the program or project which will be financed with Federal money; b. The dollar amount of Federal funds for the project or program; and c. The percentage and dollar amount of the total costs of the project or program that will be financed by non -governmental sources. 5. Insurance a. Except for city and county governmental entities, Subrecipients must provide the Pass -through Entity evidence of the coverage specified in paragraphs (i), (ii), (iii) and (iv) below. The evidence of coverage shall include the registration number of the subgrant agreement for identification purposes. i. Subrecipient will obtain a fidelity bond in an amount of not less than , prior to the receipt of funds under this subgrant agreement. If the bond is canceled or reduced, Subrecipient will immediately notify the Pass- through Entity. In the event the bond is canceled or revised, the Pass -through Entity will make no further disbursements until it is assured that adequate coverage has been obtained. ii. Subrecipient will provide general liability insurance with a combined limit of $1,000,000, or public liability and property damage coverage with a combined limit of not less than $1,000,000. iii. Subrecipient will provide 4 of 14 City Council 26 — 8 8/6/2024 EXHIBIT 2 broad form automobile liability coverage with limits as set forth in (ii) above, which applies to both owned/leased and non -owned automobiles used by the Subrecipient or its agents in performance of this subgrant agreement. Or, in the event that the Subrecipient will not utilize owned/leased automobiles but intends to require employees, trainees or other agents to utilize their own automobiles in performance of this subgrant agreement, Subrecipient will secure and maintain on file from all such employees, trainees or agents a self -certification of automobile insurance coverage. iv. Subrecipient will provide workers' compensation insurance, which complies with provisions of the California Labor Code, covering all employees of the Subrecipient and all participants enrolled in work experience programs. Medical and Accident Insurance will be carried for those participants not qualifying as "employee" (§ 3350, et seq. of the California Labor Code) for workers' compensation. v. The Pass -through Entity will be named as "Certificate Holder" of policies secured in compliance with paragraphs (i), (ii), (iii) and (iv) above and will be provided certificates of insurance or insurance company "binders" prior to any disbursement of funds under this subgrant agreement, verifying the insurance requirements have been complied with. The coverage noted in paragraphs (iii) and (iv) above must contain the following clauses: 1. Insurance coverage will not be canceled or changed unless 30 days prior to the effective date of cancellation or change written notice is sent by the Subrecipient to: Employment Development Department, Central Office Workforce Services Division Financial Management Unit, P.O. Box 826880, MIC 69, Sacramento, CA 94280-0001. 2. State of California, its officers, agents, employees, and servants are included as additional insured, but only insofar as the operations under this subgrant agreement are concerned. 3. State of California is not responsible for payment of premiums or assessments on this policy. vi. Subrecipient agrees that the liability insurance herein provided for shall be in effect at all times during the term of this subgrant agreement. In the event said insurance coverage expires at any time or times during the time of this contract, the Subrecipient agrees to provide, at least 30 days before said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the subgrant agreement or for a period of not less than one year. New certificates of insurance are subject to the approval of the Pass -through Entity, and the Subrecipient agrees that no work or services shall be performed prior to such approval. The Pass -through Entity may, in addition to any other remedies it may have, terminate this subgrant agreement should Subrecipient fail to comply with these provisions. 6. Resolution A county, city, district or other local public body must provide the state with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of this subgrant agreement. Preferably resolutions should authorize a designated position rather than a named individual. 7. Procurement Standards The Subrecipient must use the methods of procurement in accordance with 2 C.F.R. § 200.320. 8. Grievances and Complaint System Subrecipient will establish and maintain a grievance and complaint procedure in compliance with the WIOA section 181, OMB Guidance, Uniform Requirements, federal regulations and state statutes, regulations and policy. 9. Remedies for Non -Compliance If the Subrecipient fails to comply with Federal statutes, regulations or the terms and conditions of a Federal award, the Pass -through Entity may impose additional conditions, as described in 2 C.F.R. § 200.207, Specific conditions. If the Pass -through Entity determines that noncompliance cannot be remedied by imposing additional conditions, the Pass -through Entity may take one or more of the following actions listed in 2 C.F.R. § 200.338. 10. Disallowed Costs Except to the extent that the state determines it will assume liability, the Subrecipient will be liable for and will repay to the Pass -through Entity, any amounts expended under this subgrant agreement found not to be in accordance with WIOA including, but not limited to, disallowed costs. Such repayment will be from funds (Non- Federal), other than those received under the WIOA. 11. Termination This subgrant agreement may be terminated in whole or in part for either of the two following circumstances: a. Termination for Convenience - Either the Pass -through Entity or the Subrecipient may request a termination, in whole or in part, for convenience. The Subrecipient will give a ninety (90) calendar -day advance notice in writing to the Pass -through Entity. The Pass - through Entity will give a ninety (90) calendar -day advance notice in writing to the Subrecipient. b. Termination for Cause - The Pass -through Entity may terminate this subgrant agreement in whole or in part when it has determined that the Subrecipient has substantially violated a specific provision of the WIOA, regulations, the Uniform Guidance or implementing state legislation and corrective action has not been taken. All notices of termination must be in writing and be delivered personally or by deposit in the U. S. Mail, postage prepaid, "Certified Mail -Return Receipt Requested", and will be deemed to have been given at the time of personal delivery or of the date of postmark by the U. S. Postal Service. Notices to the Subrecipient will be addressed to: Deborah Sanchez Director / Administrator City of Santa Ana 801 W. Civic Center Drive SANTA ANA, CA 92701 Notices to the Pass -through Entity will be addressed to: Employment Development Department Central Office Workforce Services Division Financial Management Unit P.O. Box 826880, MIC 69 Sacramento, CA 94280-0001 12. Audit Requirements a. The Subrecipient will maintain and make available to auditors, at all levels, accounting and program records including supporting source documentation and cooperate with all auditors. All governmental and non-profit organizations must follow the audit requirements (single audit or program -specific audit requirement) of OMB Guidance, and Uniform Requirements. b. The Subrecipient and/or auditors performing monitoring or audits of the Subrecipient or its sub -contracting service providers will immediately report to the Pass -through Entity any 5 of 14 City Council 26 — 9 8/6/2024 EXHIBIT 2 incidents of fraud, abuse or other criminal activity in relation to this subgrant agreement, the WIOA, or its regulations. 13. Entire Agreement This subgrant agreement contains the entire agreement of the parties and supersedes all negotiations, verbal or otherwise and any other agreement between the parties hereto. This subgrant agreement is not intended to and will not be construed to create the relationship of agent, servant, employee, partnership, joint venture or association between the Pass -through Entity and the Subrecipient. Subrecipient represents and warrants it is free to enter into and fully perform this subgrant agreement. 14. Unenforceable Position In the event that any provision of this subgrant agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this subgrant agreement have force and effect and shall not be affected hereby. 15. Accounting and Cash Management a. Subrecipient will comply with controls, record keeping and fund accounting procedure requirements of WIOA, federal and state regulations, and directives to ensure the proper disbursal of, and accounting for, program funds paid to the Subrecipient and disbursed by the Subrecipient, under this subgrant agreement. b. Subrecipient will submit requests for cash to coincide with immediate cash needs and assure that no excess cash is on deposit in their accounts or the accounts of any sub -contracting service provider in accordance with procedures established by the Pass -through Entity. Failure to adhere to these provisions may result in suspending cash draw down privileges and providing funds through a reimbursement process. c. The Pass -through Entity retains the authority to adjust specific amounts of cash requested if the Pass -through Entity's records and subsequent verification with the Subrecipient indicate that the Subrecipient has an excessive amount of cash in its account. d. Income (including interest income) generated as a result of the receipt of WIOA activities, will be utilized in accordance with policy and procedures established by the Pass -through Entity. Subrecipient will account for any such generated income separately. e. Subrecipient shall not be required to maintain a separate bank account but shall separately account for WIOA funds on deposit. All funding under this subgrant agreement, will be made by check or wire transfer payable to the Subrecipient for deposit in Subrecipient's bank account or city and county governmental bank accounts. To provide for the necessary and proper internal controls, funds should be withdrawn and disbursed by no less than two representatives of the Subrecipient. The Pass- through Entity will have a lien upon any balance of WIOA funds in these accounts, which will take priority over all other liens or claims. 16. Amendments This subgrant agreement may be unilaterally modified by the Pass -through Entity under the following circumstances: a. There is an increase or decrease in federal or state funding levels. b. A modification to the Subgrant is required in order to implement an adjustment to a Subrecipient's plan. c. Funds awarded to the Subrecipient have not been expended in accordance with the schedule included in the approved Subrecipient's plan. After consultation with the Subrecipient, the Pass -through Entity has determined that funds will not be spent in a timely manner, and such funds are for that reason to the extent permitted by and in a manner consistent with state and federal law, regulations and policies, reverting to the Pass -through Entity. d. There is a change in state and federal law or regulation requiring a change in the provisions of this subgrant agreement. e. An amendment is required to change the Subrecipient's name as listed on this subgrant agreement. Upon receipt of legal documentation of the name change, the state will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. Except as provided above, this subgrant agreement may be amended only in writing by the mutual agreement of both parties. 17. Reporting Subrecipient will compile and submit reports of activities, expenditures, status of cash, and closeout information by the specified dates as prescribed by the Pass -through Entity. All expenditure reports must be submitted upon the accrual basis of accounting. Failure to adhere to the reporting requirements of this agreement will result in funds not being released. 18. Records a. If participants are served under this subgrant agreement, the Subrecipient will establish a participant data system as prescribed by the Pass -through Entity. b. Subrecipient will retain all records pertinent to this subgrant agreement for a period of three years from the date of final payment of this subgrant agreement. If, at the end of three years, there is litigation or an audit involving those records, the Subrecipient will retain the records until the resolution of such litigation or audit. Refer to OMB Guidance, Subpart D, Part 200.333-200.337. c. The Pass -through Entity and/or the DOL, or their designee (refer to OMB Guidance, section 200.336) will have access to and right to examine, monitor and audit all records, documents, conditions and activities related to programs funded by this subgrant agreement. For purposes of this section, "access to" means that the Subrecipient shall at all times maintain within the State of California a complete set of records and documents related to programs funded by this agreement. The Subrecipient shall comply with this requirement regardless of whether it ceases to operate or maintain a presence within the State of California before the expiration of the subgrant. Subrecipient's performance under the terms and conditions herein specified will be subject to an evaluation by the Pass -through Entity of the adequacy of the services performed, timeliness of response and a general impression of the competency of the firm and its staff. 19. Subcontracting a. Any of the work or services specified in this subgrant agreement which will be performed by other than by the Subrecipient will be evidenced by a written agreement specifying the terms and conditions of such performance. b. The Subrecipient will maintain and adhere to an appropriate system, consistent with federal, state and local law, for the award and monitoring of contracts which contain acceptable standards for ensuring accountability. c. The system for awarding contracts will contain safeguards to ensure that the Subrecipient does not contract with any entity whose officers have been convicted of fraud or misappropriation of funds within the last two years. 20. Consultants Fees paid to a consultant, who provides services under a program, shall be limited to $815 per day (representing an 8 hour work day). Any fees paid in excess of this amount cannot be paid without prior approval from the Grant Officer. 21. Conflicts a. Subrecipient will cooperate in the resolution of any conflict with the DOL that may occur from the activities funded under this agreement. b. In the event of a dispute between the Pass- 6 of 14 City Council 26 — 10 8/6/2024 EXHIBIT 2 through Entity and the Subrecipient over any part of this subgrant agreement, the dispute may be submitted to non- binding arbitration upon the consent of both the Pass -through Entity and the Subrecipient. An election for arbitration pursuant to this provision will not preclude either party from pursuing any remedy for relief otherwise available. 22. Indemnification a. The following provision applies only if the Subrecipient is a governmental entity: Pursuant to California Government Code § 895.4, each party agrees to indemnify and hold the other party harmless from all liability for damage to persons or property arising out of or resulting from acts or omissions of the indemnifying party. b. The following provision applies only if the Subrecipient is a non -governmental entity: The Subrecipient agrees to the extent permitted by law, to indemnify, defend and hold harmless the Pass -through Entity, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materials persons, laborers and any other persons, firms or corporations, furnishing or supplying work, services, materials, or supplies in connection with the performance of this agreement, and from any and all claims and losses accruing or resulting to any persons, firms or corporations which may be injured or damaged by the Subrecipient in the performance of this subgrant agreement. 23. Signatures This subgrant agreement is of no force and effect until signed by both of the parties hereto. Subrecipient will not commence performance prior to the beginning of this subgrant agreement. Contact information for the awarding official of the Pass -through Entity: Name: Kimberlee Meyer Title: Chief Address: P.O. Box 826880, MIC 50 Sacramento, CA 94280-0001 Exhibit A Certifications and Assurances a. Corporate Registration: The Subrecipient, if it is a corporation, certifies it is registered with the Secretary of the State of California. b. Americans with Disabilities Act (ADA): Subrecipient assures that it complies with the ADA of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. § 12101 et seq.) c. Sectarian Activities: The Subrecipient certifies that this subgrant agreement does not provide for the advancement or aid to any religious sect, church or creed, or sectarian purpose nor does it help to support or sustain any school, college, university, hospital or other institution controlled by any religious creed, church, or sectarian denomination whatsoever, as specified by Article XVI, Section 5, of the Constitution, regarding separation of church and state. d. National Labor Relations Board certification Subrecipient certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against Subrecipient within the immediately preceding two-year period because of Subrecipient's failure to comply with an order of a Federal court, which orders Subrecipient to comply with an order of the National Labor Relations Board. (Pub. Contract Code § 10296) (Not applicable to public entities.) e. Federal Funding Accountability and Transparency Act (FFATA): By signing this subgrant agreement, Subrecipient hereby assures and certifies to comply with the provisions of FFATA, which includes requirements on executive compensation, and requirements implementing FFATA at 2 C.F.R. part 25 and 2. C.F.R. part 170. f. Prior Findings: Subrecipient, by signing this subgrant agreement, certifies that it has not failed to satisfy any major condition in a current or previous subgrant agreement with the DOL or the State of California and has not failed to satisfy conditions relating to the resolution of a final finding and determination, including repayment of debts. g. Drug Free Workplace requirement: Subrecipient will comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: 1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. 2. Establish a Drug -Free Awareness Program to inform employees about: i. the dangers of drug abuse in the workplace; ii. the person's or organization's policy of maintaining a drug -free workplace; iii. any available counseling, rehabilitation and employee assistance programs; and, iv. penalties that may be imposed upon employees for drug abuse violations. 7 of 14 City Council 26 —11 8/6/2024 EXHIBIT 2 3. Every employee who works on the proposed subgrant agreement will: i. receive a copy of the company's drug -free workplace policy statement; and, ii. agree to abide by the terms of the company's statement as a condition of employment on the subgrant agreement. 4. Failure to comply with these requirements may result in suspension of payments under this subgrant agreement or termination of the subgrant agreement or both and Subrecipient may be ineligible for award of any future subgrant agreements if the Pass -through Entity determines that any of the following has occurred: the Subrecipient has made false certification; or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et seq.) h. Expatriate Corporations: Subrecipient hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code §§ 10286 and 10286.1, and is eligible to contract with the State of California. i. Priority Hiring considerations: If this subgrant agreement includes services in excess of $200,000, the Subrecipient shall give priority consideration in filling vacancies in positions funded by the subgrant agreement to qualified recipients of aid under Welfare and Institutions Code § 11200 in accordance with Pub. Contract Code § 10353. j. Sweatfree Code of Conduct: 1. All Subrecipients contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to this subgrant agreement have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Subrecipient further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code § 6108. 2. The Subrecipient agrees to cooperate fully in providing reasonable access to the Subrecipient's records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial Relations, or the Department of Justice to determine the contractor's compliance with the requirements under paragraph (1). k. Child Support Compliance: For any Agreement in excess of $100,000, the Subrecipient acknowledges in accordance with Public Contract Code § 7110, that: 1. The Subrecipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with § 5200) of Part 5 of Division 9 of the Family Code; and 2. The Subrecipient, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the Pass -through Entity. I. Air/Water Pollution violation certification: Under the State laws, the Subrecipient shall not be: 1. in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; 8 of 14 City Council 26 — 12 8/6/2024 EXHIBIT 2 2. subject to cease and desist order not subject to review issued pursuant to § 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or 3. finally determined to be in violation of provisions of federal law relating to air or water pollution. m. Clean Air Act: Subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). n. Domestic Partners: For contracts over $100,000 executed or amended after January 1, 2007, the Subrecipient certifies that it is in compliance with Public Contract Code § 10295.3. o. Debarment and Suspension Certification: By signing this subgrant agreement, the Subrecipient hereby certifies under penalty of perjury under the laws of the State of California that the Subrecipient will comply with regulations implementing Executive Orders 12549 and 12689, Debarment and Suspension and OMB Guidance 2 CFR Part 180, that the prospective participant (i.e., Subrecipient), to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency. 2. Have not within a three-year period preceding this subgrant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction, violation of federal or state antitrust statutes, or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. 3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state or local) with commission of any of the offenses enumerated in Section 2 of this certification. 4. Have not within a three-year period preceding this subgrant agreement had one or more public transactions (federal, state or local) terminated for cause of default. Where the Subrecipient is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this agreement. p. Lobbying Restrictions: By signing this subgrant agreement, the Subrecipient hereby assures and certifies to the lobbying restrictions in 2 C.F.R. §200.450, 29 CFR Part 93 and in the Byrd Anti -Lobbying Amendment (31 U.S.C. §1352). 1. No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this federal contract, grant loan, or cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this subgrant agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. 3. The undersigned shall require that the language of the lobbying restrictions be included in the award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers (including subgrant agreements, contracts and subcontracts, under grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly. 4. This certification is a material representation of fact upon which reliance is 9 of 14 City Council 26 — 13 8/6/2024 EXHIBIT 2 placed when this transaction is executed. Submission of the Lobbying Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. q. Nondiscrimination Clause: 1. As a condition to the award of financial assistance from the Department of Labor under Title I of WIOA, the Subrecipient assures that it has the ability to comply with the nondiscrimination and equal opportunity provisions of the following laws and will remain in compliance for the duration of the award of federal financial assistance: i. Section 188 of the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex (including pregnancy, childbirth, and related medical conditions, transgender status and gender identity), national origin (limited English proficiency), age, disability, political affiliation or belief, and against beneficiaries on the basis of either citizenship status or participation in any WIOA Title 1-financially assisted program or activity; ii. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin; iii. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination against qualified individuals with disabilities; iv. The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and v. Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs. The Subrecipient also assures that, as a recipient of WIOA Title I financial assistance, it will comply with 29 CFR part 38 and all other regulations implementing the laws listed above. This assurance applies to the Subrecipient's operation of the WIOA Title I -financially assisted program or activity, and to all agreements the Subrecipient makes to carry out the WIOA Title 1-financially assisted program or activity. The Subrecipient understands that the United States has the right to seek judicial enforcement of this assurance. Avoidance of Conflict of Economic Interest: An executive or employee of the Subrecipient, an elected official in the area or a member of the Local Board, will not solicit or accept money or any other consideration from a third person, for the performance of an act reimbursed in whole or part by the Subrecipient or Pass - through Entity. Supplies, materials, equipment or services purchased with subgrant agreement funds will be used solely for purposes allowed under this subgrant agreement. No member of the Local Board will cast a vote on the provision of services by that member (or any organization, which that member represents) or vote on any matter which would provide direct financial benefit to that member (or immediate family of the member) or any business or organization which the member directly represents. 10 of 14 City Council 26 — 14 8/6/2024 EXHIBIT 2 Exhibit B Intellectual Property Provisions Federal Funding Pursuant to 2 CFR 200.315, in any subgrant funded in whole or in part by the federal government, Pass -through Entity acquires the title to intangible property, as defined in 2 CFR 200.59 as including Intellectual Property, which results directly or indirectly from the subgrant. The federal government shall have a royalty -free, non-exclusive and irrevocable right to reproduce, publish, or otherwise use the Intellectual Property for Federal purposes, and to authorize others to do so. Additionally, pursuant to 2 CFR 2900.13, Intellectual Property developed under this subgrant will be licensed under a Creative Commons Attribution license, which allows subsequent users to copy, distribute, transmit and adapt the copyrighted work and requires such users to attribute the work in the manner specified by the Pass -through Entity. Exhibit C Confidentiality Requirements The State of California and the Subrecipient will exchange various kinds of information pursuant to this subgrant agreement. That information will include data, applications, program files, and databases. These data and information are confidential when they define an individual or an employing unit or when the disclosure is restricted or prohibited by any provision of law. Confidential information requires special precautions to protect it from unauthorized use, access, disclosure, modification, and destruction. The sources of information may include, but are not limited to, the EDD, the California Department of Social Services, the California Department of Education, the California Department of Corrections and Rehabilitation, the County Welfare Department(s), the County IV-D Directors Office of Child Support, the Office of the District Attorney, the California Department of Mental Health, the California Office of Community Colleges and the Department of Alcohol and Drug Programs. The Pass -through Entity and Subrecipient agree that: a. Each party shall keep all information that is exchanged between them in the strictest confidence and make such information available to their own employees only on a "need -to -know" basis. b. Each party shall provide security sufficient to ensure protection of confidential information from improper use and disclosures, including sufficient administrative, physical, and technical safeguards to protect this information from reasonable unanticipated threats to the security or confidentiality of the information. c. The Subrecipient agrees that information obtained under this subgrant agreement will not be reproduced, published, sold or released in original or in any other form for any purpose other than those specifically identified in this agreement. 1. Aggregate Summaries: All reports and/or publications developed by the Subrecipient based on data obtained under this agreement shall contain confidential data in aggregated or statistical summary form only. "Aggregated" refers to a data output that does not allow identification of an individual or employer unit. 2. Publication: Prior to publication, Subrecipient shall carefully analyze aggregated data outputs to ensure the identity of individuals and/or employer units cannot be inferred pursuant to California Unemployment Insurance Code Section 1094(c). Personal identifiers must be removed. Geographic identifiers should be specified only in large areas and as needed, and variables should be recorded in order to protect confidentiality. 3. Minimum Data Cell Size: The minimum data cell size or derivation thereof shall be three participants for any data table released to outside parties or to the public. 11 of 14 City Council 26 — 15 8/6/2024 EXHIBIT 2 Each party agrees that no disaggregate data, identifying individuals or employers, shall be released to outside parties or the public. The Subrecipient shall notify Pass -through Entity's Information Security Office of any actual or attempted information security incidents, within 24 hours of initial detection, by telephone at (916) 654-6231. Information security incidents include, but are not limited to, any event (intentional or unintentional), that causes the loss, damage, or destruction, or unauthorized access, use, modification, or disclosure of information assets. The Subrecipient shall cooperate with the Pass -through Entity in any investigation of security incidents. The system or device affected by an information security incident and containing confidential data obtained in the administration of this program shall be immediately removed from operation upon confidential data exposure or a known security breach. It shall remain removed from operation until correction and mitigation measures are applied. If the Subrecipient learns of a breach in the security of the system which contains confidential data obtained under this Subgrant, then the Subrecipient must provide notification to individuals pursuant to California Civil Code Section 1798.82. The Subrecipient shall be responsible for all costs incurred by the Pass -through Entity due to a security incident resulting from the Subrecipient's failure to perform or negligent acts of its personnel, and resulting in an unauthorized disclosure, release, access, review, or destruction; or loss, theft or misuse of an information asset. If the Subrecipient experiences a loss or breach of data, the Subrecipient shall immediately report report the loss or breach to the Pass - through Entity. If the Pass -through Entity determines that notice to the individuals whose data has been lost or breached is appropriate, the Subrecipient will bear any and all costs associated with the notice or any mitigation selected by the Pass -through Entity. These costs include, but are not limited to, staff time, material costs, postage, media announcements, and other identifiable costs associated with the breach or loss of data. f. The Subrecipient shall provide for the management and control of physical access to information assets (including personal computer systems, computer terminals, mobile computing devices, and various electronic storage media) used in performance of this Subgrant. This shall include, but is not limited to, security measures to physically protect data, systems, and workstations from unauthorized access and malicious activity; the prevention, detection, and suppression of fires; and the prevention, detection, and minimization of water damage. g. At no time will confidential data obtained pursuant to this agreement be placed on a mobile computing device, or on any form of removable electronic storage media of any kind unless the data are fully encrypted. h. Each party shall provide its employees with access to confidential information with written instructions fully disclosing and explaining the penalties for unauthorized use or disclosure of confidential information found in Section 1798.55 of the California Civil Code, Section 502 of the California Penal Code, Section 2111 of the California Unemployment Insurance Code, Section 10850 of the California Welfare and Institutions Code and other applicable local, state and federal laws. i. Each party shall (where it is appropriate) store and process information in electronic format, in such a way that unauthorized persons cannot reasonably retrieve the information by means of a computer. j. All Subrecipient staff and subcontractors that are provided access to any data systems of the Pass -through Entity, excluding CaIJOBS, are required to complete and sign an Employee Confidentiality Statement (DE 7410). k. Each party shall promptly return to the other party confidential information when its use ends, or destroy the confidential information utilizing an approved method of destroying confidential information: shredding, burning, or certified or witnessed destruction. Magnetic media are to be degaussed or returned to the other party. I. If the Pass -through Entity or Subrecipient enters into an agreement with a third party to provide WIOA services, the Pass -through Entity or Subrecipient agrees to include these data and security and confidentiality requirements in the agreement with that third party. In no event shall said information be disclosed to any 12 of 14 City Council 26 — 16 8/6/2024 EXHIBIT 2 individual outside of that third party's authorized staff, subcontractor(s), service providers, or employees. m. The Subrecipient may, in its operation of the America's Job Center of California (AJCC), permit an AJCC Operator to enter into a subcontract to manage confidential information. This subcontract may allow an individual to register for resume distribution services at the same time the individual enrolls in CaIJOBS. Subrecipient shall ensure that all such subcontracts comply with the intellectual property requirements of this subgrant agreement, the confidentiality requirements of this subgrant agreement and any other terms of this subgrant agreement that may be applicable. In addition, the following requirements must be included in the subcontracts: 1. All client information submitted over the internet to the subcontractor's databases must be protected, at a minimum, by 128-bit Secure Socket Layer (SSL) encryption. Clients' social security numbers must be stored in a separate database within the subcontractor's network of servers, and protected by a firewall and a secondary database server firewall or AES data encryption. If a subcontractor receives client social security numbers or other confidential information in the course of business, for example a resume -distribution service that provides enrollment in CaIJOBS, social security numbers must be destroyed within two days after the client registers for CaIJOBS. If a subcontractor obtains confidential information as an agent of the Subrecipient, the subcontract must specifically state the purpose for the data collection and the term of records retention must be stated, and directly related, to the purpose and use of the information. Social security numbers and other client specific information shall not be retained for more than three years after a client completes services. 2. Client information (personal information that identifies a client such as name and social security number) and/or demographic information of a client (such as wage history, address, and previous employment) shall not be used as a basis for commercial solicitation during the time the client or agency is using the subcontractor's services. Client information and/or demographic information shall not be used for any purposes other than those specific program purposes set forth in the subcontract. 3. An AJCC client must still be given the option to use the AJCC's services, including CaIJOBS, even if he or she chooses not to use any services of the subcontractor. This option shall be prominently, clearly and immediately communicated to the client upon registration within the AJCC or for CaIJOBS, the subcontractor's resume -distribution services, or any other services subcontractor offers to the client or the AJCC Operator. 4. The subcontractor must clearly disclose all of its potential and intended uses of the client's personal and/or demographic information for the services the client seeks and for any other services the subcontractor offers. The subcontractor shall not use a client's personal and/or demographic information without the client's prior permission. A link to the subcontractor's Privacy Policy shall appear prominently on the registration screens that list the potential and intended uses of the client's personal and/or demographic information. 5. When the Pass -through Entity modifies State automated systems such as the State CaIJOBS System, it shall provide reasonable notice of such changes to the Subrecipient. The Subrecipient shall be responsible to communicate such changes to the AJCC Operator(s) in the local area. n. Each party shall designate an employee who shall be responsible for overall security and confidentiality of its data and information systems and each party shall notify the other of any changes in that designation. As of this date, the following are those individuals: 13 of 14 City Council 26 — 17 8/6/2024 EXHIBIT 2 FOR THE PASS -THROUGH ENTITY: Name: Nicole Laktash Title: Section Manager Address: P.O. Box 826880, MIC 50 Sacramento, CA 94280-0001 Telephone: (916) 654-6804 Fax: (916) 654-9586 FOR THE SUBRECIPIENT: Name: Title: Telephone: Fax: 14 of 14 City Council 26 — 18 8/6/2024 EXHIBIT 3 W 10A Title I Formula Allocations - PY 24-25 Workforce Services Information Notice WSIN23-50 Issued: June 6, 2023 The Workforce Innovation and OpportunityAct(WIOA) Title I Adult, Youth and Dislocated Worker formula fund allocations for each Local Workforce Development Area (Local Area), for Program Year (PY) 2024-25 have been released. The allocations are based on the allotments issued to states by the U.S. Department of Labor Training and Employment Guidance Letter 12-23, dated May 8, 2024. The WIOA prescribes a specific method to calculate sub -state hold harmless levels for Dislocated Worker Program funds. As a result, there is an alignment in the WIOA hold harmless provisions across the Youth, Adult, and Dislocated Worker programs. The hold harmless provisions help mitigate year-to-year volatility in funding levels. Under the WIOA, hold harmless provisions ensure that each Local Area receives no less than 90 percent of their average percentage share from the two prior years. The Local Areas that receive more than 100 percent of their average percentage share from the previous two years will be proportionately reduced by the amount of total funding necessary to ensure that all Local Areas receive at least 90 percent of their average percentage share from the two prior years. This notice is being issued for planning and budgeting purposes only. The state has not received the federal Notice of Award (NOA) for any of the funding streams. Once the NOA is received, Youth Allocations will be released to Local Areas immediately. Youth Allotments to the states will be issued in one sum with an effective date of April 1, 2024, under the grant code 301. The Adult and Dislocated Worker Allocations will be released as soon as we receive federal and state spending authority for these funds. The Federal Allotment to California and the amounts available forthe formula allocation to the Local Areas are listed below. Attachment 1 reflects the total amount Local Areas will receive for each of the funding streams. Additionally, Attachment 2 provides a breakdown of how each of the three funding streams are allocated. PY 24-25 FederalAtiotment and Formula Allocation PY 24-25 Federal Allotment Formula Allocation Funding Stream Y u m Youth Program $146,040,343 $124,134,292 v v LL Adult Program $141,158,847 $119,985,021 Dislocated $158,507,519 $95,104,512 Worker Program Total $445,706,709 $339,223,825 If you have any questions about allocations, please contact the Financial Management Unit at WSBFinancia[ManagementUnit@edd.ca.gov. /s/ KIMBERLEE MEYER, Chief Central Office Workforce Services Division Attachments City C&MR, Youth, Adult, and Dislocated Worker AllocatioTPDF� 9 8/6/2024 2. WIOA Funding PY24-25 (PDF) Workforce Innovation and Opportunity Act EXHIBIT /Tttachment 1 Youth, Adult, and Dislocated Worker Allocations Program Year 2024 - 2025 Round 1 Round 1 Round 1 Round 2 Round 2 Local Area Youth Adult Dislocated Worker Adult Dislocated Worker Grand Total Alameda $1,653,816 $314,087 $457,846 $1,283,575 $1,666,068 $5,375,392 Anaheim City $763,071 $147,151 $148,427 $601,359 $540,115 $2,200,123 Contra Costa $1,756,410 $330,704 $428,013 $1,351,485 $1,557,508 $5,424,120 Foothill $616,392 $129,869 $112,099 $530,735 $407,919 $1,797,014 Fresno $6,683,749 $1,243,496 $888,505 $5,081,778 $3,233,205 $17,130,733 Golden Sierra $751,437 $149,262 $221,848 $609,988 $807,288 $2,539,823 Humboldt $442,639 $74,307 $59,752 $303,670 $217,432 $1,097,800 Imperial $3,170,383 $609,487 $411,834 $2,490,781 $1,498,632 $8,181,117 Kern, Inyo, and Mono $6,568,883 $1,269,296 $859,768 $5,187,214 $3,128,632 $17,013,793 Kings $937,392 $193,758 $128,678 $791,826 $468,249 $2,519,903 Los Angeles City $16,304,857 $3,154,569 $2,173,870 $12,891,731 $7,910,556 $42,435,583 Los Angeles County $13,512,534 $2,548,415 $1,818,465 $10,414,567 $6,617,263 $34,911,244 Madera $900,738 $177,166 $121,451 $724,023 $441,951 $2,365,329 Merced $2,219,139 $409,099 $285,150 $1,671,860 $1,037,639 $5,622,887 Monterey $2,514,971 $483,064 $446,319 $1,974,131 $1,624,121 $7,042,606 Mother Lode $346,402 $82,629 $70,229 $337,678 $255,559 $1,092,497 Workforce Alliance of the North Bay $969,683 $200,585 $216,477 $819,730 $787,743 $2,994,218 NoRTEC $2,565,550 $495,452 $363,463 $2,024,758 $1,322,614 $6,771,837 North Central Counties Consortium $1,439,197 $282,610 $214,835 $1,154,940 $781,769 $3,873,351 NOVA $1,267,075 $252,323 $422,336 $1,031,165 $1,536,849 $4,509,748 Oakland City $1,094,595 $224,708 $217,903 $918,313 $792,934 $3,248,453 Orange $3,611,787 $676,170 $934,562 $2,763,294 $3,400,804 $11,386,617 Pacific Gateway $1,860,786 $348,863 $253,197 $1,425,695 $921,364 $4,809,905 Richmond City $301,464 $61,757 $58,266 $252,382 $212,027 $885,896 Riverside $7,276,203 $1,371,692 $1,285,258 $5,605,676 $4,676,960 $20,215,789 Sacramento $3,975,970 $793,919 $754,548 $3,244,500 $2,745,743 $11,514,680 San Benito $272,379 $51,870 $49,507 $211,978 $180,151 $765,885 San Bernardino $6,524,862 $1,223,456 $1,090,816 $4,999,882 $3,969,400 $17,808,416 San Diego $6,733,915 $1,268,668 $1,367,001 $5,184,647 $4,974,416 $19,528,647 San Francisco $1,411,053 $291,493 $389,106 $1,191,242 $1,415,929 $4,698,823 San Joaquin $3,477,842 $673,186 $518,263 $2,751,099 $1,885,922 $9,306,312 San Jose - Silicon Valley $1,984,670 $379,271 $486,896 $1,549,963 $1,771,780 $6,172,580 San Luis Obispo $758,425 $101,973 $91,362 $416,732 $332,459 $1,700,951 Santa Ana City $770,569 $146,227 $117,906 $597,582 $429,051 $2,061,335 Santa Barbara $1,439,935 $194,079 $201,486 $793,138 $733,191 $3,361,829 Santa Cruz $1,341,490 $206,513 $195,840 $843,952 $712,646 $3,300,441 SELACO $1,543,929 $295,224 $241,730 $1,206,487 $879,636 $4,167,006 Solano $1,184,917 $242,947 $227,596 $992,850 $828,204 $3,476,514 Sonoma $754,653 $143,864 $186,576 $587,925 $678,937 $2,351,955 South Bay $1,920,170 $382,918 $333,865 $1,564,866 $1,214,910 $5,416,729 Stanislaus $2,597,872 $503,411 $386,872 $2,057,282 $1,407,798 $6,953,235 Tulare $4,457,011 $844,145 $556,731 $3,449,757 $2,025,903 $11,333,547 Ventura $1,618,756 $285,000 $400,158 $1,164,707 $1,456,147 $4,924,768 Verdugo $1,154,967 $240,985 $192,753 $984,830 $701,414 $3,274,949 Yolo $681,754 $88,3841 $113,843 $361,1961 $414,268 $1,659,445 Total $124,134,292 $23,588,0521 $20,501,406 $96,396,9691 $74,603,106 $339,223,825 City Council age I OT 1 26 - 20 8/6/2024 Planning and Building Agency www.santa-ana.org/planning-and building Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Abatement of Dangerous and Abandoned Buildings AGENDA TITLE Public Hearing - Recovery of Uncollected Costs Incurred by the City Related to the Abatement of Dangerous and Abandoned Buildings (Continued from the July 16, 2024 City Council meeting) Legal notice published in OC Reporter on July 3, 2024 and property owner notification letters mailed on same date; Notice of Continuance posted on July 17, 2024. RECOMMENDED ACTION 1. Adopt a resolution affirming the Fiscal Year 2023-2024 Dangerous and Abandoned Building Program Report and authorize the transmittal of uncollected charges incurred by the City related to the abatement of dangerous and abandoned buildings to the office of Auditor -Controller, County of Orange. RESOLUTION NO. 2024-XXX entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE 2. Determine that the proposed action does not constitute a "project" under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5) as the adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment. Accordingly, it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended. GOVERNMENT CODE §84308 APPLIES: No City Council 27 — 1 8/6/2024 Dangerous and Abandoned Building Assessment August 6, 2024 Page 2 DISCUSSION The City's Dangerous and Abandoned Building Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal and nuisance activities. The abatements are accomplished by board -ups, clean-ups, and/or demolition. Property owners are given 2 to 30 days to abate the conditions or the City, through its contractors, will perform the work. The property owners are then notified of the outstanding abatement costs every 30 days until the Planning and Building Agency is reimbursed for the expenditure. For Fiscal Year 2023-24, Code Enforcement secured abandoned buildings and assisted the Santa Ana Police Department in the City's continued effort to address illegal activities and establishments through public nuisance abatement actions. In addition to the issuance of the Notice and Orders advising property owners of the need to address concerns on the property, pursuant to the Santa Ana Municipal Code, the Finance Agency assists the City in the recovery of costs associated with the public nuisance abatement actions by sending monthly invoices for cost recovery. The amount invoiced includes City -approved contractual services providing board -up services, security, and recovery of City staff time. Each year, the City finds it necessary to seek legal recourse in order to recover the uncollected costs expended for abatement of dangerous buildings and against reluctant property owners. This year the outstanding charge for work performed on three individual addresses is $38,665.41. Exhibit 1 provides parcel numbers and the total assessment amount. The property owner names are provided in Exhibit 2. The most effective method of collection is to submit these charges to the office of the County Auditor -Controller in order that they may be placed as a lien on the property tax rolls. Charges must be submitted to the County of Orange. ENVIRONMENTAL IMPACT The proposed action does not constitute a "project" under the California Environmental Quality Act (CEQA) in accordance with section 15378(a) and (b)(5). The adoption of this resolution authorizes an administrative action and will not result in a direct or reasonable foreseeable indirect physical change in the environment and there is no possibility it will have a significant effect on the environment, According it is exempt from further CEQA review pursuant to section 15061(b)(3) and (b)(5) of the CEQA guidelines as amended. FISCAL IMPACT The recovered charges will result in an estimated $38,665.41 deposited in the Special Repair and Demolition Fund (Account No.12116002-53507). City Council 27 — 2 8/6/2024 Dangerous and Abandoned Building Assessment August 6, 2024 Page 3 EXHIBIT(S) 1. Parcel Assessment Amount 2. Property Owner Listing 3. DABS Resolution Submitted By: Minh Thai, Executive Director of Planning and Building Agency Approved By: Alvaro Nunez, Acting City Manager City Council 27 — 3 8/6/2024 AC621-05A - Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax C=2 Date August 6, 2024 PARCEL NUMBER ASSESSMENT AMOUNT 6-15 16-23 108-58-407 $786.63 100-425-08 $19,994.05 405-282-11 $17, 884.73 TOTAL $38,665.41 EXHIBIT 1 City Council 27 — 4 8/6/2024 PROPERTY OWNER LISTING FISCAL YEAR 2023-2024 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Paul and Diana Nguyen 5217 W. Wisteria Place $786.63 5217 W. Wisteria Place AP# 108-58-407 Santa Ana, CA 92704 Joseph A. Gamez 4618 W. Maurie Ave. AP# 100-425-08 312 Prairie Hill Dr. $19,994.05 Cheyenne, Wyoming 82009 Michael and Mary Alcala $17, 884.73 1001 N. Freeman AP#405-282-11 Mitchell 1001 N. Freeman Santa Ana, CA 92706 EXHIBIT 2 City Council 27 — 5 8/6/2024 RESOLUTION NO. 2024-xx A RESOLUTON OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONFIRMING THE COSTS OF SECURING AND/OR DEMOLITION OF VARIOUS STRUCTURES DECLARED TO BE PUBLIC NUISANCES; MAKING, CONFIRMING AND LEVYING ASSESSMENTS FOR SUCH COSTS; AND ORDERING SUCH COSTS TO BE RECORDED WITH THE ORANGE COUNTY RECORDER'S OFFICE 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 Dangerous and Abandoned Buildings (DABS) Program has proven to be an effective tool to abate dangerous and abandoned structures that create an attractive nuisance for children and provide harborage for illegal activity. The abatements are accomplished by board -ups and/or demolition. B. Pursuant to Section 17-40 of the Santa Ana Municipal Code, the Executive Director of the Planning and Building Agency has submitted an itemized report, a copy of which is on file with the Clerk of the Council, showing the costs of securing property and/or demolition of various structures carried out by the City of Santa Ana upon each individual lot or parcel of land where such work was done. C. The Executive Director of the Planning and Building Agency has given notice of the public hearing as required by law, in which the 6th day of August, 2024, at the hour of 5:30 p.m. was fixed as the time, and 22 Civic Center Plaza, Santa Ana as the place, where any and all person interested in said report might be heard. D. The City Council of the City of Santa Ana, at said time and place has received, heard, and considered said report and all objection by property owners liable to be assessed for the abatement, and directed such modification of said report as it has deemed necessary. Section 2. Each and every objection to said work and the costs thereof is hereby overruled; said report, a copy of which is on file with the Clerk of the Council, is hereby confirmed; the cost of abatement work done in front of or upon each lot or parcel of real property, as shown on Exhibits 1 and 2, which are incorporated by this reference City Council 27 — 6 Resolution 18t6/2029-XX Page 1 of 3 as though fully set forth herein, and the amounts therein on such assessments shall become due thirty (30) days after the adoption of this Resolution. Section 3. This Resolution shall take effect immediately upon its adoption by the City Council and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. Section 4. The Executive Director of Planning and Building Agency is hereby directed to file a certified copy of said report and this Resolution with the County Recorder's Office, the County Auditor, County Assessor, and County Tax Collector on or before August 9, 2024. Section 5. The County Auditor is requested to enter the assessments on the county tax rolls. Section 6. The County Tax Collector is requested to collect the assessment at the time and in the manner of ordinary municipal taxes. Section 7. The City of Santa Ana hereby certifies that the special assessments, special taxes, parcel taxes, charges and/or fees which are to be placed on the fiscal year 2023-2024 property tax roll have been duly adopted in accordance with State law and are legally valid. ADOPTED this day of August, 2024 Valerie Amezcua Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Kyle i�ellesen Assistant City Attorney AYES: NOES: Councilmembers Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers City Council 27 — 7 Resolution 18t6/2029-XX Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIRGINALITY I, Jennifer Hall, City Clerk, do hereby attest to and certify the attached Resolution No. 2024- to be the original resolution adopted by the City Council of the City of Santa Ana on August 6, 2024. Date: City Clerk, City of Santa Ana City Council 27 — 8 Resolution 18t6/2029-XX Page 3 of 3 AC621L05A — Form B2 Special Assessment Add Transactions Jurisdiction 061 Santa Ana Type of Tax CC=2 Date _August 6, 2024 PARCEL NUMBER ASSESSMENT AMOUNT 6-15 16-23 108-58-407 $786.63 100-425-08 $19,994.05 405-282-11 $17, 884.73 TOTAL $38,665.41 *,:1:11*.]IW City Council 27 — 9 8/6/2024 PROPERTY OWNER LISTING FISCAL YEAR 2023-2024 ADDRESS PARCEL NO. OWNER/ADDRESS ASSESSMENT Paul and Diana Nguyen 5217 W. Wisteria Place $786.63 5217 W. Wisteria Place AP# 108-58-407 Santa Ana, CA 92704 Joseph A. Gamez 4618 W. Maurie Ave. AP# 100-425-08 312 Prairie Hill Dr. $19,994.05 Cheyenne, Wyoming 82009 AP#405-282-11 Michael and Mary Alcala $17, 884.73 1001 N. Freeman Mitchell 1001 N. Freeman Santa Ana, CA 92706 1W:1:11-319Pa City Council 27 — 10 8/6/2024 Planning and Building Agency www.santa-ana.org/planning-division Item # 28 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) AGENDA TITLE Public Hearing - Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) Legal notice published in the OC Reporter on July 26, 2024 and notices mailed on same date. RECOMMENDED ACTION 1. Approve first reading of an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01. ORDINANCE NO. NS-XXXX entitled ZONING ORDINANCE AMENDMENT NO. 2024- 01 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-272- 09, 414-272-10, AND 414-261-01) 2. Determine that, pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be re -filed for this project. EXECUTIVE SUMMARY Jeffrey Reese, representing C.J. Segerstrom & Sons, is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying Specific Development No. 58 City Council 28 — 1 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 2 (SD-58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings for a new industrial park development ("South Coast Technology Center") at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive). Staff is recommending approval of the amendments as the proposed changes would be compatible with the general plan land use designation, surrounding area, and would result in various on -site and off -site improvements that would benefit the community experience. Moreover, staff is supporting the applicant's request because the project complies with the General Plan goals and policies and with the applicable development standards, and because the project would preserve and improve the character and integrity of existing neighborhoods and promote the City's economic prosperity. Planning Commission Action & Background On July 8, 2024, the Planning Commission held a public hearing for this project and voted unanimously (7.0) to recommend that the City Council adopt an ordinance approving the subject application. During the public hearing, eight members of the community spoke in support of the proposed project. GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION Project Description The applicant is requesting approval of a zoning ordinance amendment application to make comprehensive amendments to Specific Development No-58 (SD-58), which provides zoning regulations for 33 acres of land, including seven separate parcels. The proposed amendments include establishing permitted and conditionally permitted light industrial land uses. Additionally, the amendments will modify various sections related to development phasing, signage, height standards, perimeter fencing, off-street parking, parking area trees, and operational standards, in order to provide development standards for the new limited light industrial uses. The proposed light industrial land uses and applicable standards would apply specifically to the properties located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive), as shown in Exhibit 1. Additional, details related to the zoning text changes can be found under Table 2. As part of the overall scope, the applicant is proposing to redevelop the project site with a new industrial park development, to be referred to as the South Coast Technology Center. To accommodate the new development, the applicant is proposing to demolish three, three-story office buildings approximately 60,462 square feet, 56,930 square feet, and 60,634 square feet in size. Currently, 3100 West Lake Center Drive was most recently occupied by OC 405 Partners Joint Ventures, vacated the site in June 2024; 3110 West Lake Center Drive is leased by United Health, which does not currently City Council 28 — 2 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 3 occupy the building but whose lease is expected to expire on April 30, 2025; and 3120 West Lake Center Drive, which is currently vacant. As part of the redevelopment, the applicant is processing a voluntary lot merger application, Lot Merger No. 2024-04, in order to merge assessor parcels nos. 414-272-10 and 414-272-09. The new development would consist of three new modern, "Class A" industrial buildings, across three separate parcels, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size. Two of the three new buildings (Building 2 and 3) are proposed to replace Lake Center Business Park, and Building 1 would be constructed on a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01). The gross floor area of the three buildings would total approximately 313,244 square feet, and would include truck docks, two-story office spaces, and second story balconies facing West Lake Center Drive. Moreover, the site would be improved with outdoor patios, landscaping, extensive onsite greenery to enhance the overall the site, ample surface parking, and EV charging stations. Additionally, a passive park is planned for the northwest corner of the site. This park will feature linear paving, light bollards, architecturally harmonious benches, modular seating, and flowering accent trees, shrubs, and soft foliage. It will serve as a focal point and offer recreational space for the community. Proposed off -site improvements include replacing asphalt along West Lake Center Drive, from Harbor Boulevard to Susan Street, and new grind and overlay of the West Lake Center Drive that would extend from Susan Street throughout the length of the site. Other off-street improvements include relocating the tree wells from the sidewalk to back of sidewalk, to ensure ADA compliance of existing sidewalks. The proposed development would be designed to provide for a campus like environment that can be utilized by up to five tenants. However, at this time the applicant has not identified any prospective business/tenants or pre -lease commitments. Instead, the overall development will be developed as a "shell construction" or "base build," which consists of only the building core and exterior elements (the shell). The interior build -out work is anticipated to be completed by any future tenants, to carry out before occupancy of the building. Shell construction is a very common building model/approach, especially for industrial buildings, that creates a blank slate on which prospective tenants can create a working space that is an exact fit for their own needs. In keeping with the campus feel, the buildings and site improvements are of a cohesive design with modern features and color scheme comprised of white, black, various shades of grey, and an accent color. The building materials consist of concrete tilt up walls with grooves and score lines for added texture, vertical and horizontal aluminum accents at the entryway, adjacent to glass storefronts. The outdoor patios would feature metal panel canopies with "groove picnic tables," "shear," and "Orion" benches, which are comprised of concrete and clean lines, in keeping with the modern aesthetic of the center. Landscaping would also be planted in compatible, neutral above -ground City Council 28 — 3 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 4 planters, as well as in planter beds throughout the site, featuring a variety of colorful flowering shrubs, soft foliage, accent shrubs, and evergreen shrubs. Additionally, various shade trees and flowering accent trees would be planted at entryways, site perimeter, and the parking lot. The entryway trees would be further accentuated with high quality and durable up -lighting. Although the site is anticipated to be enclosed by eight -foot wrought iron fencing, a minimum of ten feet of landscaping would be provided along the property frontages for buffering and screening. Access to Building 1 would be provided from Susan Street and Lake Center Dive, while Building 2 and 3 would have two entries from Lake Center Drive and one entry from Susan Street. The driveways would feature decorative paving to enhance the entryways and gates that would remain open during business hours and locked after hours. The site plan has been designed in a manner that would allow fire apparatus navigation through the site, designed to meet all fire lane requirements, and to meet the minimum fire separation requirements and setbacks. Table 1: Project and Location Information Item Information 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive Project Address and Council Ward West Lake Center Drive (APNs: 414-272-10, 414-272-09, 414-261-01) —Ward 1 Nearest Intersection Lake Center Drive and Susan Street General Plan Designation Industrial (IND) Zoning Designation Specific Development No. 58 (SD-58) North Calvary Chapel East Lake Center A Professional Office Surrounding Land Uses Park/parking structure South Santa Ana Processing and Distribution Center West Lake Center Business Park Property Size 15.94 acres 694,297 square feet Three, three-story office buildings approximately 60,462 Existing Site Development square feet, 56,930 square feet, and 60,634 square feet in size. Use Permissions Zoning Ordinance Amendment ( SAMC Section 41-593) Uses SAMC Section 41-593 and SD - Zoning Code Sections Affected 58 Sections 1-8 Operational Standards SAMC Section 41-593 and SD- 58 Section 8 Project Background On October 15, 1990, the City Council adopted Ordinance No. NS-2089, approving General Plan Amendment No. 90-08, Amendment Application (Zone Change) No. 1043, Development Agreement No. 1990-03, and certification of an Environmental Impact Report. These approvals allowed for the increase in floor area ratio from 0.4 to 0.72 within the specific development area and rezoning of certain properties from Light Industrial (M-1) to SD-58, which would provide for precise zoning regulations specific to City Council 28 — 4 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 5 development of an office/industrial park ("Lake Center Business Park"). Lake Center Business Park consisted of 33 acres of land with an allowable build out of 970,120 square feet. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance No. NS-2684, approving Zoning Ordinance Amendment (ZOA-2005-01), which amended SD-58 and modified the standards to conditionally permit private recreational fields and trade schools within the boundaries of the Lake Center Business Park. At the same public hearing, the City Council adopted Resolution No. 2005-046 approving various entitlements to facilitate a trade school use and to allow a private recreational field at 3100 W. MacArthur Boulevard. The Lake Center Business Park was constructed in the mid- to late-1980s, in compliance with the original development plans approved by Ordinance No. NS-2089 consisting of three, three-story office buildings that have been occupied by office uses since. The business park did include a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261- 01), originally entitled for 320,000 square feet of additional office construction, but which was never constructed. As a result of the changing market trends in the wake of the COVID-19 pandemic, demand to lease the offices has declined leading the ownership to seek redevelopment opportunities of the office park. On September 11, 2023, the applicant submitted for Development Application (DP) No. 2023-03. The applicant worked with City staff to address various complex site plan concerns, such access for fire apparatus. Project Analysis Zoning Ordinance Amendment Pursuant to SAMC Section 41-593.1, the purpose and intent of a specific development (SD) designation is to provide a tailored and flexible zoning approach to address specific and exceptional circumstances associated with certain parcels, while protecting and promoting the public health, safety, and general welfare of the City and its residents. These circumstances may include unique characteristics, historical significance, or specific community needs that deviate from the standard zoning regulations. Moreover, SD designations protect and enhance the value of properties by encouraging the use of good design principles and concepts; encouraging, securing, and maintaining the orderly and harmonious appearance, attractiveness. and aesthetic development; providing a method whereby specific development plans are based on the general plan; and by recognizing the interdependence of land values and aesthetics and providing a method to implement interdependence. For this specific proposal, the applicant is proposing to amend the SD-58 to allow limited industrial uses, as well as establishing development standards specific to those limited light industrial uses as detailed in Table 2. City Council 28 — 5 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 6 Table 2: SD-58 Current and Proposed Text Regulations Topic Existing Zoning Code Amendments Proposed Staff Recommendation Regulations by Applicant Uses Uses Permitted "by -right": Keep existing uses and Staff recommends this Permitted include the following amendment, as introducing 1. Professional and uses permitted "by- limited light industrial uses Business Offices right": allows for additional land 2. Commercial/Retail uses to be established uses 1. Limited Light within the zoning district, Industrial Uses; and consistent with the General Plan land use designation, Introduce uses subject to which will also address the a conditional use permit: decline in demand for office uses and increased demand 2. Conditionally for flexible, clean Permissible Uses: manufacturing uses. a. Trade and professional schools. b. Private recreational fields. c. Conditionally permissible uses in the M1 zoning district. Phasing Incremental phasing from Eliminate phasing from the Staff recommends this 1990-1995 document. amendment, as it is no longer applicable to the development of the SD-58 area. Signage On -site signs shall conform 1. On -sign for Staff recommends this to Article XI, subsections professional amendment to and allow for 41-850 through 41-1099 business, and administrative review of and with an approved commercial/retail deviations that do not planned sign program. land uses shall exceed twenty percent remain (20%) to allow more consistent with flexibility in signage and the approved encourage creative unique sign program designs in keeping with the and SAMC. theme of the proposed 2. Signage in the improvements and new SD-58 area is development. Major subject to the deviations would be subject SAMC and to a variance. Planned Sign Program on file with the City. Modifications to City Council 28 — 6 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 7 Topic Existing Zoning Code Amendments Proposed Staff Recommendation Regulations by Applicant sign development standards may be made administratively provided they do not exceed a twenty percent (20%) deviation. Height Limited to 200 feet above Limited Light Industrial Staff recommends this ground level. Parcels would be subject amendment to establish to a height of 55 feet height limitations for limited above ground level, light industrial buildings exclusive of any roof- consistent with industry mounted equipment. standard to ensure the site may remain competitive in the industry and secure tenants for the foreseeable future of the new development. Perimeter Subject to SAMC. 1. All perimeter Staff recommends this Fencing fencing abutting a amendment to allow public street shall prospective tenants to be decorative, "see provide added security and through", 10 feet ensure that proposed setback from the operations can be with an public right-of-way, additional layer of security and may be less and that such security than 10 feet to fencing be installed in a accommodate a manner that complies with code required the SAMC and the ADA accessible exist but requirements. shall not exceed a length of 20 feet. 2. No perimeter fencing shall exceed 7 feet in height without City approval. Off-street Parking standard provided Update the section to Staff recommends this parking for Medical and Dental, include a parking amendment to establish Professional and Business standards for Trade and parking requirements for the Offices, Restaurants, and Professional Schools at a proposed land uses Commercial uses. rate of one space for each consistent with City's 333 square feet of office parking rate for colleges, floor area and Limited trade schools, and other Light Industrial Uses a adult education facilities and rate of 1.25 spaces for industrial developments each 1,000 square feet of Citywide. While industrial floor area. land uses pursuant to the SAMC may typically be City Council 28 — 7 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 8 Topic Existing Zoning Code Amendments Proposed Staff Recommendation Regulations by Applicant parked at a rate of one (1) space per 1,000 square feet of floor area or two spaces per 1,000 square feet of floor area, the proposed rate of 1.25 allows for flexibility of combined mix onsite land uses as the site becomes occupied. Parking Area A planter not less than 5 Amend to provide further Staff recommends this Trees feet by 5 feet shall be clarification related to amendment to ensure required at a ratio of one parking lot design: parking lot landscaping be planter for each 4 parking planters are to be improved with high quality spaces. required for head -to- landscaping and to provide head parking spaces but for additional clarification for shall not be required planter placement and where parking spaces sizing. terminate at a curb. Additionally, for every 10 spaces that terminate at a curb, a landscape finger at least 5 feet wide shall be required. Operational 1. Each future structure 1. Each future structure Staff recommends this Standards would be required to shall be required to amendment to establish submit for site plan demonstrate operational standards and review. conformity with the ensure that new 2. Prior to issuance of a applicable provisions development, as well as any Building Permit, of SD-58 and any future developments dedicate curb returns mitigation measures proposed, conform to the and ultimate street based on the existing regulations outlined in SD - right -of -ways on Lake Environmental Impact 58, as well as any Center Drive and Report, or prepared previously established Susan Street. CEQA Exemption environmental 15183 Environmental requirements. Documentation 2. Delete language referencing curb returns. 3. Amend to provide operational standards for Limited Light Industrial Uses The proposed amendments evaluated in the preceding table support the redevelopment of the site in a manner that is compatible with the surrounding community by reducing the mass and scale of the on -site developments. Furthermore, the improvements are expected to rejuvenate business activity in the area, addressing the current low demand for office space due changes in market trends, the site's proximity to the freeway, and lack of amenities in the area necessary to support office uses. As outlined in the City's City Council 28 — 8 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 9 general plan, industrial districts are significant sources of employment and municipal revenue, and they contribute to the economic health of the city and the region. Lastly, pursuant to the environmental analysis prepared for the project (Exhibit 6), the proposed project is not anticipated to create impacts related to light pollution, traffic, noise, or any other environmental impacts to the surrounding properties. Moreover, the project would be consistent with the City's General Plan Update and the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU PEIR), adopted by the City Council on April 19, 2022. The nearest sensitive land use is located approximately 300 feet from the project site. However, the proposed land uses are not anticipated to result in negative impact as they would be light industrial land uses, consistent with the General Plan update. General Plan Consistency On April 19, 2022, the City Council adopted the General Plan Update, which provided long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The proposed project aligns with various goals and policies identified in this General Plan. Specifically, it adheres to the Land Use (LU) Element, Goal LU-1, which aims to provide land use plans that improve the quality of life and respect the existing community. Consistent with this, the proposed request to amend the specific development to include limited light industrial use is supported by the General Plan and would result in a floor area ratio (FAR) within the permissible range of 0.72, as outlined in Table LU-3 of the Land Use Element, which provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58). The proposed project, following the amendment of the specific development document, would also feature reduced mass and scale, aligning with Policy LU-3.4. Additionally, it would result in long-term off -site improvements that enhance the existing community and provide amenities for public enjoyment. The proposed project is consistent with Goal LU-2, which seeks to provide a balance of land uses that meets Santa Ana's diverse needs, as the current allowable uses are not meeting the community's needs. Office space demand has declined and with this request, the ownership proposes to diversify and adapt to these needs by establishing additional land uses within the specific development area. The request is also consistent with Goal LU-3, which aims to preserve and improve the character and integrity of neighborhoods and districts. The goal for the site is to develop high -quality industrial buildings that would revitalize the area and make off -site improvements to enhance the character of the surrounding neighborhood, which would also be consistent with Policy UD-1.1 and Urban Design (UD) Element. Policy UD-1.1 ensures that all developments feature high quality design, materials, finishes, and construction. Furthermore, the proposed project aligns with Goal LU-4 and Policy LU- 4.2, which support sustainable improvements to the built environment, maintain, and improve public spaces through quality architecture, street trees, landscaping, and other pedestrian -friendly amenities. As described, the ownership of the properties would City Council 28 — 9 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 10 redevelop the site, providing high -quality development and extensive landscaping along West Lake Center Drive, culminating in a passive park for the community and visitors to the nearby field or church, which would also be consistent with Policy UD-1.5. Policy UD-1.5 encourages community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. The proposed project would also be consistent with several goals and policies of the Economic Prosperity Element (EP). Specifically, the project supports Goal EP-1, which seeks to foster a dynamic local economy that creates employment opportunities for all residents in the city. The request would allow the ownership to transition from a land use that is not attracting businesses or jobs to one that would, thereby benefiting the city's economic prosperity. Additionally, the proposed redevelopment of Lake Center Business Park aligns with Policy EP-1.2, which aims to strengthen and expand citywide business attraction, supporting the achievement of the city's full employment potential. It also aligns with Policy EP-1.1, which seeks to protect industrial uses that provide quality job opportunities. Consistent with this policy, the request would reintroduce industrial land uses to a site previously rezoned to accommodate only office or commercial uses. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations for both the Planning Commission and the City Council. The site is not located within a neighborhood association boundary or near an established neighborhood association. At the time this report was printed, no issues of concern were raised regarding the proposed development. In addition to the required public noticing, the project was subject to the City's Sunshine Ordinance (Ordinance No. NS-3040) requiring two community meetings to facilitate early public participation. The first community meeting was held on September 27, 2023. Three members of the community were in attendance and posed questions related to the ownership of the project site, leasing, concerns of transient activity in the area, and the land use. The second meeting was held on January 10, 2024, during which six members of the community were in attendance and inquired about the phasing of the project. Materials from the two required community meetings are included with this report as Exhibit 9, and all materials were published to the project's webpage on the City's website. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review contained in Exhibit 6 has been prepared and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis City Council 28 — 10 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 11 evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off -site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section 15183(d), the15183 exemption applies to projects which meet the following conditions: 1. The project is consistent with: A. A community plan adopted as part of a general plan, B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or C. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. City Council 28 —11 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 12 The prepared environmental review provides a limited examination of environmental effects for the proposed project, evaluating whether there are impacts that are peculiar to the project or the project site, impacts not analyzed as significant effects in the GPU EIR, potentially significant off -site or cumulative impacts not evaluated in the GPU EIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk. Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above -listed topics analyzed in the environmental review. The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures related to air quality, cultural resources, geology and soils, and noise the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project. ECONOMIC AND FISCAL IMPACTS The proposed development associated with the amendment request is anticipated to generate a total of 687 permanent jobs (425 on -site and 262 off -site) and 555 one-time jobs associated with its construction. Additionally, the project would deliver a substantial positive impact to the City's economy with the production of goods and services increasing by $256.1 million annually. This growth in jobs and economic output would have a positive impact on the City, as it would expand its economic base, thereby providing a strong foundation for the City's continued economic growth and fiscal health. Additionally, the associated redevelopment with the amendment request is anticipated to generate a sizable annual recurring incremental fiscal surplus at build -out of $257,736 based on the generation of $460,412 in annual recurring revenues including property taxes, sales tax, licenses and permit, service fees, and other applicable local City Council 28 — 12 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive August 6, 2024 Page 13 taxes (Page 18 of Exhibit 7) and $202,676 in recurring annual costs that include Police, Fire, Public Works, Parks and Recreation, Community Development Department services, Library, Museum, and general government services (Page 19 of Exhibit 7). The annual revenues generated are projected to equal 2.27 times the associated City General Fund costs thus generating a positive net fiscal impact. EXHIBIT(S) 1. Zoning Ordinance Amendment Ordinance 2. Vicinity Zoning and Aerial Map 3. Site Photo 4. Full Project Plans 5. Renderings 6. Environmental Analysis and Exemption 7. Fiscal Impact Analysis Report 8. Economic Impact Study 9. Community Meetings Documents 10. Planning Commission Agenda Packet with Public Comments Submitted By: Minh Thai, Executive Director, Planning and Building Agency Approved By: Alvaro Nunez, Acting City Manager City Council 28 — 13 8/6/2024 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2024-01 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-272-09, 414-272-10, AND 414-261-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. C.J. Segerstrom and Sons ("Applicant" and "Property Owner"), is requesting approval of Zoning Ordinance Amendment ("ZOA") No. 2024-01 amending Specific Development No. 58 ("SD-58") in order to facilitate the construction of a new industrial park development named the South Coast Technology Center located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive). The proposed amendments to SD-58 would establish permitted and conditionally permitted light industrial land uses, and would include text amendments to various sections of SD-58, including development standards for signage, height, perimeter fencing, off-street parking, and landscaping, as well as project phasing, operational standards and development standards for the new light industrial uses proposed. B. On October 15, 1990, the City of Santa Ana City Council adopted Ordinance No. NS-2089, approving General Plan Amendment No. 90-08, Amendment Application No. 1043, and Development Agreement No. 1990-03, and certifying an Environmental Impact Report. These approvals rezoned certain properties from the Light Industrial (M-1) zoning district to Specific Development (SD), established the SD-58 zoning district, and permitted the development of an office/industrial park ("Lake Center Business Park"). C. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance No. NS-2684, approving ZOA No. 2005-01), which amended SD-58 and modified the standards to conditionally permit private recreational fields and trade schools, within the boundaries of the Lake Center Business Park. At the same public hearing, the City Council adopted Resolution No. 2005-046 City Council 28 — 14 Ordinance N8/.&W2 WXX Page 1 of 22 approving various entitlements to facilitate a trade school use and to allow a private recreational field at 3100 W. MacArthur Boulevard. D. The Lake Center Business Park was constructed in the mid- to late-1980s, generally in compliance with the original development plans approved by Ordinance No. NS-2089. However, the business park includes a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01), originally entitled for 320,000 square feet of additional office construction, but which was never constructed. E. Due to the surrounding area not materially upgrading to the original vision of SD-58, the surrounding area remains largely industrial in nature, which has made it challenging for the Property Owners to attract office tenants. Moreover, following the COVID-19 (coronavirus disease 2019) pandemic, shifting market trends have resulted in a decline in demand to lease traditional office spaces. Therefore, the property owner seeks the redevelopment of 3100 W. Lake Center Drive, which may include a variety of uses, such as corporate offices, Research and Development (R&D), light manufacturing, and warehousing, among other industrial uses. F. The proposed amendments to the SD-58 support and are consistent with multiple General Plan goals and policies relating to the elements of Land Use, Urban Design, and Economic Prosperity. Attachment 1 to this Ordinance contains a full list of all applicable General Plan goals and policies that support the project. G. Pursuant to Santa Ana Municipal Code ("SAMC") Section 2-153, the applicant has demonstrated compliance with all requirements of the Sunshine Ordinance, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. H. On July 8, 2024, the Planning Commission held a duly -noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2024-01. On, August 6, 2024 the City Council held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. J. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2024-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. City Council 28 — 15 Ordinance N8/.WW2 WXX Page 2 of 22 Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. The City Council finds and determines that pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review that has been prepared and peer reviewed by a qualified CEQA consultant hired by the City included in the Planning Commission Staff Report for July 8, 2024, assesses the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report ("GPU EIR"). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off -site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions: The project is consistent with: A. A community plan adopted as part of a general plan, B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or C. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures City Council 28 — 16 Ordinance N8/WW2WXX Page 3 of 22 that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The prepared environmental review provides a limited examination of environmental effects for the proposed project, evaluating whether there are impacts that are peculiar to the project or the project site, impacts not analyzed as significant effects in the GPU EIR, potentially significant off -site or cumulative impacts not evaluated in the GPU EIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk. Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above -listed topics analyzed in the environmental review. The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures contained in the GPU related to air quality, cultural resources, geology and soils, and noise the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project. Section 4. The Specific Development No. 58 (SD-58) is hereby amended to read as follows: SPECIFIC DEVELOPMENT PLAN NO. 58 Section 1 - Applicability of Ordinance The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26 Section 41593 et seq., of the Santa Ana Municipal Code S( AMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use City Council 28 — 17 Ordinance N8/WW2WXX Page 4 of 22 regulations and standards. All other applicable chapters, articles, and sections of the SAMC SaRta ARa MURiGipal Cede are in full effect shall ash unless expressly wa+ved er superseded by this ^r,lir^r^o regulations contained within this specific development. Section 2 — Purpose The Specific Development Plan Number 58 (SD-58) consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Lake GeRtor Specific Development Plan SD-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development Specific Development Plan Number SD-58 specifically establishes for the property the following: • The permitted uses; • Maximum authorized development densities; • 4nti^iPatGd Pha6iRg Gf Gnoito i-eVe'GpMent • Signage provisions; and • Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. Objectives The objectives of the Lake GGRteF SpeEifiG D8VeIGPMARt Pap Specific Development Plan SD-58 include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site; City Council 28 — 18 Ordinance N8/WW2WXX Page 5 of 22 4. Development that is exclusive of heavy industrial or noxious fumes sr hazaF e ma+or;except as permitted by the SAMC; 5. Flexibility in development in response to market conditions while achieving overall City and community goals; 6. Creation of new employment opportunities; 7. Permitting certain uses consistent with the underlying General Plan Industrial land use designation within portions of the development; 8. Develop the site to enhance its economic viability, creating a range of employment opportunities and increasing municipal revenue, which contributes to the economic health of the City and the region; 9. Signage that visually enhances the development and is harmonious with the adjacent environs. Section 3 — Uses Permitted Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly, research and/or warehousing and shipping, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, day care centers, office and computer equipment, copy centers, postal centers, and other similar uses. 2. Restaurants, retail commercial, travel services, and other commercial uses incidental/accessing to office uses. Uses permitted subject to conditional use permit. 1. Trade and professional schools. 2. Private recreational fields. City Council 28 — 19 Ordinance N8/WW2WXX Page 6 of 22 3. On the parcels illustrated on Figure 1, any use permitted in the M1 district either by right or subject to a conditional use permit, as listed in the SAMC, that is not listed in the Limited Light Industrial Uses section, above. 4. Any use subject to Section 41-199.4 of the SAMC. 5. Eating establishments exceeding 2,500 square feet in gross floor area. Limited Light Industrial Uses 1. On the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), in addition to Professional and Business Offices and Commercial/Retail uses, the following Limited Light Industrial uses are permitted: a. The compounding, processing, or treatment of raw or previously treated materials into a finished or semi -finished aroduct. excludina those uses specified in sections 41-199.4 and 41-489.5 of the SAMC. b. The manufacture of products from raw or previously treated materials, excluding those uses specified in sections 41-199.4 and 41-489.5 of the SAMC. c. The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5 of the SAMC. d. The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5 of the SAMC. e. Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. f. Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the Property of the owner or operator of the building or structure. g. Machine shop or other metal working shops. h. Warehousing. i. Research laboratories. j. Movie, photography, musical or video production studios. k. Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity. I. Public utility structures. m. Blueprinting, photoengraving, screen printing and other reproduction processes. n. Eating establishments up to 2,500 square feet in gross floor area. 2. On the Limited Light Industrial Parcels, the following uses are permitted when ancillary to and physically integrated with any limited light industrial City Council 28 — 20 Ordinance N8/6A WMXX Page 7 of 22 uses permitted in Section 1, above, or to any use permitted subject to a conditional use permit: a. Cafes and eating establishments limited to use by employees of the uses specific in Section 1. b. Administrative office use occupying up to thirty (30) per cent of the gross floor area. c. Product sales or service uses occupying up to five (5) per cent of the gross floor area. d. Daycare centers occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area. e. The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above -ground fixed storage tanks when Properly screened pursuant to section 41-622 of the SAMC, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. f. Enclosed storage where the goods, materials or supplies stored are the Property of the owner or operator of the building or structure occupying up to thirty (30) per cent. g. Caretakers quarters consistent with the requirements in section 41-479 of the SAMC. Section 4 — Maximum Permitted Building Density/Intensity The maximum authorized building densities/intensities for the Specific Development Plan SD-58 Lake (renter are as follows: 1. 400,890 square feet ,o}ff existing and approved office and support commercial uses oin�ltept vVtli-r-Lhe Site .4usc rcr�r T. 2. 569,230 square feet of additional floor area, including a maximum of 325,044 square feet of limited Light Industrial uses on the Light Industrial Parcels. ParkiRg6tF6IGt6IF86 anrd app lrtenent6icec are ne+ innli rJorl in the cc-n-arr r.��.rurc-rrvc�rrcrucrccrrrrcrn. n�lry il.atien of floor .ter Cirri ire 1 illi ic;tr-te le tierro of io g aR d ccrraznu 2a—rn�arc—r�ncrrcrcrcc$ c-a cTVTr�--�TrG�(rstiFi�--a-rcr nrenecerd NA;cter Dl;;n of b iildmRgc 3. Parkina structures and appurtenant uses are not included in the calculation of floor area. 4. The precise timing of development, building sizes, and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. City Council 28 — 21 Ordinance W&W2WXX Page 8 of 22 1 R110.1 ding #1 49,949 Q.Qtt 7 R11ili- Rg #12 56-9 �1 QQ�T `2 Ri iililiR9 #1 1 1 (l�v t.W 4 R11ili- Rg #17 49,999 1 QQc2 G Ri ii1p] Pr r #Q 469,999 11 QQ�4 Section 5 & - Signage 1. Except as set forth here in, aAll future on -site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the SAMC Santa ARa M ininipal r„,�o in effect at the time of adoption of this ordinance. 2. On -site signs for the Professional and Business office uses and Commercial/Retail shall also be consistent with an approved sign program to be on file with the Santa Ana Planning Division. 3. Signage in the SD-58 area is subject to the SAMC and Planned Sign Program on file with the City. Modifications to sign development standards may be made administratively provided they do not exceed a twenty percent deviation for proposed freestanding and wall signs of dimensions for location, height, length, and sign face area. In considering a request for such administrative modification, health and safety and design compatibility of the proposed signage shall be taken into consideration. Section 6 -7 — Development Standards Building Heights. All future on -site uses with the exception of limited light industrial uses on parcels illustrated on Figure 1 will be subject to a height limitation of 200 feet above ground level which is defined as a measurement from the elevation of the top slab of the first floor on -grade to the top of the structure. Limited light industrial uses on the parcels illustrated on Figure 1 will be subject to a height limitation of 55 feet above ground level, exclusive of any roof -mounted equipment. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed onsite uses and right of way boundaries for the following streets Lake Center Drive Susan Street Sunflower Avenue and MacArthur. A minimum ten foot setback will be provided for uses adjacent to internal roadways but such ten - foot setback shall not apply to drive aisles in parking lots. 3. Building Separation. Minimum building separation shall be governed by Uniform Building Code requirements except for parking structures which are City Council 28 — 22 Ordinance N8/WW2WXX Page 9 of 22 not required to be separated from structures on separate parcels, and except for walkway covers connecting pedestrian access and atrium connections between buildings. 4. Site Coverage. All building setbacks as described in Section 6.2 aheve (Setbacks) above. Building setbacks shall be maintained for site coverage S#e GE)V Fagg fnr O.Rdiyid- all�.,r,�.,.�r}GeIS 1p1+F+r�S,hiAll ho,.,^nnoioc��4i .�ppFeyed PF8Gice plan prn�iided th;-;t tht s_;t9rba^v-rode rrraetl-c hn�io pro m;;int;;MAtQd 5. Parking. Parking within the Lake Gen+or Specific Development Plan SD-58 will be deSigR +n take ai-Ivar,tage of the i iFbaR SettiRg .-Rd h.�l.�r,^o of ­ooc provided to attract companies contemplated by the Permitted Uses described in Section 3 above (Usm.a es Permitted). This is represented by the mix ^f Similar InrJ uses iCcatetl--yVt ali VieSe preximity te traR6PG4.;;rt G_.A ^ t+es the properties governed by the SD-58 zoning. It is the intent efthe—ap^IR to provide parking facilities in the form of surface parking, parking structures above and, possibly, below grade or any combination thereof. The parking structures' design shall be compatible with the surrounding land uses. Ti-hht-Q Srtc-cafreRtly has 50-8- S irfa^o narking SpaG86 Rd 861 cnaGes On parkiRg 6#61Gt6lFes. Future on -site buildings may be served by a mix of surface and structure parking (appr ately 4,684 narking cnaGe? in narking 6tF61t61Fe6 a+xJ 28-4a^^ E;paGe `. Future spaces will be provided on a phase -by -phase basis consistent with projected demand coinciding with the construction of the proposed buildings. , �t - iild ^, H+ PFGj ro.'^cted total pa*iRg is an+i^�ated te be 242 spaGeS in a ^nmhin;tiG_n�arfA^ nag a. Location of Parking. Required off-street parking shall be provided. When parking is provided on a site of different ownership a recorded document shall be approved and filed with the City of Santa Ana Planning Division and signed by the owners of the parking site stipulating to the reservation of use of the site for said parking. b. Joint Use of Parking. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off -Street Parking Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces, unless off street parking facilities are already provided. The required number of off street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off - City Council 28 — 23 Ordinance N8/6AWMXX Page 10 of 22 street parking plan areas which contain 500 or more parking spaces a twenty (20) percent reduction may be permitted for required off street parking subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off -Street Spaces. The minimum number of off- street parking spaces to be provided within the project area are as follows: Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever is greater. Professional and Business Offices. One space for each 333 1 /3 square feet of gross floor area. Restaurant. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an onsite building or can be demonstrated to serve on -site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on -site building, or can be demonstrated to serve onsite users who will not drive to the site Trade and professional schools. One space for each 40 square feet of classroom area, plus one space for each 333 square feet of office floor area. A passenger loading and unloading zone shall be provided for each building used for instructional purposes. City Council 28 — 24 Ordinance N8/WW2WXX Page 11 of 22 Limited Light Industrial. One and one -quarter (1.25) spaces for each one thousand square feet of gross floor area. 6. Landscaping Standards. All areas not used for buildings parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements onsite. Plazas and courtyards shall provide a minimum of 30% of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard and interior streets. This edge will contain formal tree plants with ground cover or shrubs below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover lawn and or shrub and tree materials consistent with existing improvements. c. Parking Areas. In all areas where there is surface parking the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - n IaRGIG ape plan+or RAt loss +hap For parking areas that feature head -to -head parking spaces there shall be a minimum five feet by five feet raised planter, including the thickness of the raised curb installed between the head -to -head parking spaces shall hia A-99 ii 8d nnncic+or,+ h oeRts at a ratio of one �L planter for each (4) four parking spaces on each side of the head -to -head row (see Figure 2 for a depiction of such planters). For purposes of clarification, for parking spaces that terminate at a curb (i.e. not head -to -head), no such planter shall be required. For every ten parking spaces that terminate in a curb, there shall be a landscape finger at least five feet (5') wide, including the thickness of the raised curbs enclosing such planter, and each planter will require one 15 gallon size tree, 8 five gallon size shrubs and ground City Council 28 — 25 Ordinance N8/WW2WXX Page 12 of 22 cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the (SAMC) Santa ARa M61Rinipal Gede (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake renter Specific Development Plan SD-58. 8. Perimeter Fencing. All perimeter fencing abutting a public street or private street shall be of decorative, "see -through" material, such as wrought -iron, but in no event shall such fencing be a chain -link material. Such fencing shall be setback at least ten feet (10') from the public right-of-way (the "Public Setback") with landscaping, as approved by the City per Section 6.6 (Landscape Standards) above, between the fencing and the public right-of-way. Provided, however, the Public Setback may be less than ten feet (10') from the public right-of-way to accommodate code -required, accessible exits through such fencing. The portion of the perimeter fencing that is less than ten feet (10') to accommodate such code -required, accessible exit shall not exceed a length of twenty feet (20') as measured parallel to the right-of-way. Perimeter fencing along interior property lines, if any, shall comply with Section 11.8.1 of the City's Industrial Design Guidelines. No perimeter fencing shall exceed seven (7) feet in height as measured from the adjacent grade without the prior authorization by the City. Section 7 8 - Operational Standards 1. Conditions Covenants and Restrictions (CC & R's) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation. 2. Each future structure(s) shall be required to demonstrate conformity with the applicable provisions of this Specific Development Plan SD-58 s brnmt fer Site Plan oG�b4� tG_ eRG61Fe GGRfErmity Withthia Mass Plan and certified Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation, to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Utility Release complete the following: City Council 28 — 26 Ordinance N8/6M2WXX Page 13 of 22 a) Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR and as modified in the response to comments portion of the EIR. b) Comply with the requirements of the Development Agreement, as applicable. 4. Any amendments and/or modifications to the project or site plan review approval per Development Project (DP) DP No. 2023-37, including modifications to approved materials, finishes, architecture, site plan, landscaping, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available, per the following: a. Modifications up to ten -percent (10%) deviations shall be reviewed and approved by the City of Santa Ana's Planning Manager. b. Modifications up to twenty -percent (20%) deviations shall require a discretionary review and approval of a minor exception application by the City of Santa Ana's Zoning Administrator, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC. c. Modifications exceeding twenty -percent (20%) deviations shall require a discretionary review and approval by the City of Santa Ana's Planning Commission, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC. 5. Prior to the issuance of building permits for any building within the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), a detailed and comprehensive Landscape Plan shall be submitted to the Planning and Building Agency Executive Director or his/her designee for review and approval prior to the issuance of building permits. a. The plan shall comply with the City's Water Efficient Landscape Ordinance (WELD) Chapter 41, Article XVI of the SAMC. The plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute ( G.P.M.), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately. b. The plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common name of plant material, plant container size, and plant spacing. Very low, low and medium water usage plant materials are encouraged. City Council 28 — 27 Ordinance NB/BA WMXX Page 14 of 22 c. The plan shall include details of site furnishings. Site furnishing should be compatible in style with the buildings and selected to bring comfort, scale and design expression to the streetscape. These must also be highly durable and easy to maintain. Planters and pots should be used to complement the project architecture and other site amenities; avoiding obstructions to pedestrian traffic flow with planters and pots. All elements of the furniture palette should be uniform. d. Landscaping for the project shall be completed in phases by building and shall be installed and inspected prior to occupancy of units within that building. The Owner and/or maintenance association established by any relevant Conditions Covenants and Restrictions (CC & R's) shall be responsible for maintaining all common area landscaping within the development. 6. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), the property owner shall satisfy all site improvement requirements identified by the City's Development Review Committee (DRC) as part of Development Project (DP) DP No. 2023-37, including but not limited to the following: a. Implementing water and sewer requirements, if any, determined necessary as part of the Water Hydraulic Model Evaluation Study conducted by the City of Santa Ana. 7. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), the property owner shall execute and record a Lot Merger Application to consolidate the lots at 3100 W. Lake Center Drive. 8. Prior to final occupancy of a business established within any of the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), a Property Maintenance Agreement must be executed between the City of Santa Ana and the Property Owner in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall ensure that the Property and all improvements located thereupon are properly maintained. The maintenance agreement shall contain covenants. conditions and restrictions relatina to the followina: 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); City Council 28 — 28 Ordinance N8/.WW2 WXX Page 15 of 22 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 and obliaations and responsibilities set forth under the maintenance aareement: 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; and h. The execution of the maintenance agreement shall be a condition precedent to the Certificate of occupancy. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in any real Property illustrated on Figure 1 (the "Limited Light Industrial Parcels"), within the boundaries of Specific Development No. 58, 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. City Council 28 — 29 Ordinance N8/WW2WXX Page 16 of 22 SD-58 Limited Light Industrial Parcels Ln z Q 117 r ��o LAKE ENTER DR 1-1 F] Ln Ln z a D Ln tn SA_NTAANA �."•-"-••-..-.._.._.._.._---..- .-••-SlJf1FLOWERAV "-..-..-..-..-..-..-. `COSTA-IG7ES;4T � - !Mr7rrrffrrrrrftTMf-� Limited Light Industrial E) Parcels 0 150 300 SD 58 Zoning District Feet Figure 1 City Council 28 — 30 Ordinance N8/WW2WXX Page 17 of 22 Parking Lot Planters RVVE MU Figure 2 City Council 28 — 31 Ordinance N8/MW2WXX Page 18 of 22 Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney BY: —. Jose Montoya Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: 2024. Valerie Amezcua Mayor City Council 28 — 32 Ordinance N8/&W2WXX Page 19 of 22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 28 — 33 Ordinance N8/MW2WXX Page 20 of 22 Attachment 1 Consistent and Supportive General Plan Goals and Policies Land Use (LU) Element Goal LU-2. Land Use Needs. Provide a balance of land uses that meet Santa Ana's diverse needs. The project is consistent with this General Plan Land Use Element goal, as the current allowable uses are not meeting the community's needs. Office space demand has declined and with this request, the ownership proposes to diversify and adapt to these needs by establishing additional land uses within the specific development area. Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of existing neighborhoods and districts. Policy LU-3.4: Compatible Development. Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. The project is consistent with these General Plan Land Use Element goals and policies, as the goal for the site is to develop high -quality industrial buildings that would revitalize the area and make off -site improvements to enhance the character of the surrounding neighborhood. Additionally, the proposed improvements would also feature reduced mass and scale, which would be more compatible with the surrounding area. Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.2: Public Realm: Maintain and improve the public realm through quality architecture, street trees, landscaping, and other pedestrian -friendly amenities. The project is consistent with these General Plan Land Use Element goals and policies, which support sustainable improvements to the built environment, maintain, and improve public spaces through quality architecture, street trees, landscaping, and other pedestrian -friendly amenities. As the ownership of the properties would redevelop the site by providing high -quality development and extensive landscaping along West Lake Center Drive, culminating in a passive park for the community and visitors to the nearby field or church. These improvements would improve the public realm, include pedestrian friendly amenities and support the built out environment. Urban Design (UD) Element Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment. City Council 28 — 34 Ordinance N8/.&W2WXX Page 21 of 22 Policy UD-1.1: Design Quality: Ensure all developments feature high quality design, materials, finishes, and construction. Policy UD-1.5: Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. The project is consistent with these General Plan Urban Design Element goals and policies as the goal for the site would be to develop with high -quality industrial buildings that would feature high -quality materials and finishes that would improve the physical character of the area. Additionally, the proposed passive park would create a space for community interaction and encourage community interaction and pedestrian connection to the public realm. Economic Prosperity (EP) Element Goal EP-I.Job Creation and Retention: Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. Policy EP-1.1. Protect Industrial. Protect industrial uses that provide quality job opportunities, including middle -income jobs; provide for secondary employment and supporting uses, and maintain areas where smaller emerging industrial uses can locate in a multitenant setting. Policy EP-1.2: Attract Business: Promote new and retain existing job -producing businesses that provide living -wage employment opportunities. The project is consistent with these General Plan Economic Prosperity Element goals and policies, as the request would allow the ownership to transition from a land use that is not attracting businesses or jobs to one that would, thereby benefiting the city's economic prosperity. Furthermore, the request would reintroduce industrial land uses to a site previously rezoned to accommodate only office or commercial uses, which would support industrial land uses Citywide that would provide for employment opportunity. City Council 28 — 35 Ordinance N8/WW2WXX Page 22 of 22 6/12/24, 6:14 PM ZOA-2024-01 for South Coast Technology Center _ 3100, 3110, 3120, 3130, 3400 West Lake Center Drive Ri -!WN ro I D ran � ' 0 M �1 f M1 011 U ' 171 •r,r M-1 G Bing Map Label �v: j Santa Ana Boundary L _ 43 -- G # ° R4 ■Zoning N12. +11: ZonedeI .General Agnnkural - im { q { 0 rf V`q 1 � Communay Commercial 1. CommanityCemmeraal-rsuseamDistrirt p .j 14 General Commercial i I' 1 w ■ Planned Shopping Center Arcenal Comm -cal j �I ,j{ ■ Commercial Residential r 'I r°n�( )—u 0— �I— Scuth ma n Street Commercial District .{ -, ,- ~' - Government Center 1 - FA I1,11° r+{e'i �. 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Segerstrom & Sons From: Pei -Ming Chou, Michael Baker International Vicky Rosen, Michael Baker International John Bellas, Michael Baker International The City of Santa Ana (City) has received a project application for the proposed South Coast Technology Center Project (Project), located at 3100, 3110, and 3120 Lake Center Drive, Santa Ana, Orange County, California (Assessor's Parcel Numbers [APN] 414-261-01, 414-272-09, 414-272-10). As documented herein, the proposed Project qualifies for a statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (California Public Resources Code 21083.3). 1. Project Background On April 19, 2022, the Santa Ana City Council adopted the Golden City Beyond (General Plan Update) and certified the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU PEIR), dated October 2021. The General Plan Update provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The General Plan Update consists of the following 12 elements: Community, Economic Prosperity, Mobility, Public Services, Conservation, Noise, Open Space, Safety, Land Use, Historic Preservation, Housing, and Urban Design. According to the GPU PEIR, the full buildout of the General Plan Update (year 2045) would result in a net increase of 96,855 persons, 36,261 housing units, 5,849,220 square footage of nonresidential building space, and 11,436 jobs as compared to existing conditions in 2019. The GPU PEIR is a program EIR pursuant to Section 15168 of the CEQA Guidelines, providing a level of analysis consistent with the high-level nature of the General Plan Update. The programmatic environmental document may be used to eliminate or reduce the scope of future environmental review for individual projects that are consistent with the General Plan Update pursuant to CEQA Guidelines Section 21083.3 and other streamlining provisions authorized by CEQA. Later projects implemented after the General Plan Update are examined with consideration of the GPU PEIR to determine whether subsequent environmental analysis or documentation must be prepared. In addition, the CEQA Guidelines currently provide for streamlining through Section 15183, Projects Consistent with a Community Plan or Zoning. CEQA Guidelines Section 15183 provides an exemption for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions: City Council 28 — 64 8/6/2024 South Coast Technology Center Project CEQA Exemption 15183 (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (8) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Further, as set forth in CEQA Guidelines Section 15183(e), the 15183 exemption applies when all feasible mitigation measures identified in the applicable certified EIR are implemented by the public agency with jurisdiction to require such mitigation measures. CEQA Guidelines Sections 15183(a) through 15183(c) describe the limitations on environmental review and the examination of environmental effects for projects that qualify for an exemption pursuant to CEQA Guidelines Section 15183. These sections state: (a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. (b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. (c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. As demonstrated throughout this memorandum, the Project would qualify for an exemption from CEQA as a project consistent with a community plan or zoning under CEQA Guidelines Section 15183. In this case, the general plan is the City's General Plan Update for which the corresponding GPU PER was certified. This memorandum provides the limited examination of environmental effects for the Project pursuant to CEQA Guidelines Section 15183(b), evaluating whether there are impacts that are peculiar to the Project or the Project Site, impacts not analyzed as significant effects in the GPU PER, potentially significant off -site or cumulative impacts not July i y Council 28 — 65 8/6/20 ge 2 South Coast Technology Center Project CEQA Exemption 15183 evaluated in the GPU PEIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU PEIR. 2. Project Description 2.1 Project Location The City of Santa Ana is located in central Orange County, generally north of the San Diego Freeway (Interstate 405 [1-405]), south of the Garden Grove Freeway (State Route 22 [SR-22]), and west of the Costa Mesa Freeway (SR-55) and Interstate 5 (1-5). The City is approximately 30 miles southeast of downtown Los Angeles; refer to Figure 1, Regional Vicinitv. Santa Ana is surrounded by the cities of Orange and Garden Grove to the north, Tustin to the east, Costa Mesa and Irvine to the south, and Fountain Valley and Westminster to the west. The generally north - south trending Santa Ana River traverses the western portion of the City. The Project is located at 3100, 3110, and 3120 Lake Center Drive within the southwestern portion of Santa Ana on three land parcels (Assessor's Parcel Numbers [APN] 414-261-01, 414-272-09, and 414-272-10) that comprise approximately 15.8 net acres (Project Site) on the south side of Lake Center Drive in both the southeast and southwest corners of the intersection with Susan Street; refer to Figure 2, Site Vicinitv. Regional access to the Project Site is provided via 1-405. Local access to the Project Site is provided via MacArthur Boulevard and Susan Street. 2.2 Existing Conditions The Project Site is located in a highly developed and urbanized area of Santa Ana. The Project Site consists of an existing 10.2-acre office park, the Lake Center Office Park, and an approximately 5.6-acre vacant field to the west of and separated from the office park by the north - south South Susan Street. As shown in Figure 2, the Lake Center Office Park is located on the eastern portion of the Project Site and contains three existing office buildings arranged in a rough U-shape around an artificial pond with fountain features, surface parking, a parking structure, a grass lawn, and landscaping. The western three-story building is approximately 60,634 square feet and fully vacant; the central three-story building is approximately 56,930 square feet and is leased to United Health Services but has been unoccupied since the onset of the COVID-19 pandemic in 2020. The eastern six -story building is approximately 60,462 square feet, and the ground floor is leased to and occupied by OC 405 Partners Joint Venture, but will be vacant as of June 30, 2024.' Surface parking is located east and west of the buildings and a partially underground parking structure is located south of the buildings. The grass lawn runs south and west of the surface parking lot along Susan Street. Ornamental trees and landscaping are located throughout the office park along building perimeters and parking areas. The western portion of the Site, west of South Susan Street, is a vacant field. The field is fenced. Although the buildings are predominantly vacant at this time, this document analyzes an occupied baseline since the buildings were previously occupied and operational for the vast majority of the time. Furthermore, the property owner has the ability to lease, occupy and/or operate the currently underutilized spaces at any time under the current entitlements. July i y Council 28 — 66 8/6/20 ge 3 South Coast Technology Center Project CEQA Exemption 15183 This page is intentionally left blank. July i y Council 28 — 67 8/6/20 ge 4 10 S AN G E L E S COUNTY (- 1 ff.1H LaBreaabra ._ )Cypress \ KATELLA AVE. rr ' Los p CHAPMAN AVE. Alamitos m Garden ' U w Grove Seal m WARNER AVE. Beach Yorba a-- Linda ,(OR BA LINDA BLVD. Fullerton Anaheim Orange Villa Park 0 e Tustin 41 m Santa a Ana o EDINGER AVE. 9G tiF Irvine I , 1 Anaheim % Hills m o � o , i \c� � , r 2 � yo ORANGE �% SaNri go COUNTY a� \ 1 o ' 9Ny Io� 1 rr A. Beach Costa , / e° ores Huntington Mesa/ I Forks PROJECT SITE Newport Beach CORK n Laguna Beach 1 9 Mission X Viejo to 1� Laguna 1 a Niguel z I_ z ID 0� IN San Juan 1 , U I Capistrano �o w A a Dana Point ' i San Clemente ; h SOUTH COASTTECHNOLOGY CENTER PROJECT NOTTOSCALE Reai�ftinity N T E R N A T M 'noun ail za iNiss ss Y Figure 1 This page is intentionally left blank. City Council 28 — 69 8/6/2024 U w_ yr O ❑C w Z w U OCD ■� J O Z S U w O U S S O C/i p u a z w z N N d L 7 ch LL This page is intentionally left blank. City Council 28 — 71 8/6/2024 South Coast Technology Center Project CEQA Exemption 15183 Surrounding uses adjacent to the Project Site include office, commercial, government, and recreational uses. To the north of the Project Site, across from West Lake Center Drive, is the Calvary Chapel Private School Program support facility and athletic fields. Surface parking, a parking structure, and the Greenville Banning Channel bound the Project Site to the east. To the south of the Project Site are office buildings, surface parking lots, and a U.S. Postal Service facility. Freight rail tracks bound the Project Site to the west. 2.3 General Plan Designation and Zoning According to the General Plan Update Land Use Element Figure LU-1, Land Use Map, the Project Site is designated Industrial (IND).2 The Industrial designation provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities. According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the Industrial designation generally allows a maximum 0.45 floor -area -ratio (FAR) with a typical maximum building height of 35 feet. However, Table LU-3 provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58), that allows intensities up to 0.72 FAR (see Footnote 4 of General Plan Update Land Use Element Table LU-3). Similarly, regarding height, Table LU-3 Footnote 2 explains that the actual maximum standard allowed on each site may be different than listed in Table LU-3 and that the allowable height of development on any parcel is subject to the zoning standards. Based on the City of Santa Ana Zoning Map (Zoning Map), the Project Site is zoned SD-58. According to Ordinance No. NS-2089, permitted uses in the SD-58 District are professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar use. The SD-58 District also allows commercial/retail uses, including service commercial uses such as daycare centers, banks and other financial institution, delicatessens, food stores, newsstands, automobile support facilities, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, postal centers, restaurants, travel services, and other similar uses. The SD-58 District permits a maximum FAR of 0.72 and a maximum height of 200 feet for the Project Site. 2.4 Project Characteristics The Project proposes to demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. The three existing buildings within the Lake Center Office Park that would be demolished are located on the eastern portion of the Project Site and total 178,026 square feet. The total site area of 689,310 square feet (15.8 net acres) across the Project Site would be divided into two lot areas containing three buildings. Two new buildings (Buildings 2 and 3) would be constructed to replace the Lake Center Office Park and one new building (Building 1) would be constructed on the vacant field to the west of Susan Street; refer to Figure 3, Conceptual Site Plan. The three proposed Class A buildings would result in a total building square footage of 313,244 square feet. Each building would have a truck dock and a potential mezzanine located opposite the truck dock. A total of 497 parking stalls would be provided for the Project. The characteristics of each building are as follows: 2 City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU-1, Land Use Map, April 2022. July I y Council 28 — 72 8/6/20 ge 9 South Coast Technology Center Project CEQA Exemption 15183 This page is intentionally left blank. July i y Council 28 — 73 8/6/202 e 10 r P N { r, J. IS Nvsns s U CD/cc 1. LU w, w W ~ }I This page is intentionally left blank. City Council 28 — 75 8/6/2024 South Coast Technology Center Project CEQA Exemption 15183 Centrally located on the parcel west of Susan Street, Building 1 would consist of a 58,615- square-foot tenant space and a 53,615 tenant space, for a total building square footage of 112,230 square feet on a 243,212-square-foot lot area (5.6 net acres). Building 1 would provide 164 parking spaces located around the perimeter of the building. Additionally, Building 1 would have 1,210 square feet of outdoor covered patio area and 36,832 square feet of landscaping. A loading dock with nine dock high doors and two grade doors would be located on the western side of the building, facing the existing railroad. Building 1 would have a maximum exterior height of 48 feet and 4 inches. Building 2 would be centrally located on the Project Site to the east of Susan Street and would consist of two 60,823-square-foot tenant spaces, for a total building square footage of 121,645 square feet on a 446,098-square-foot lot (10.2 net acres) shared with Building 3. Building 2 would provide 178 parking spaces located around the perimeter of the building. Additionally, Building 2 would have 707 square feet of outdoor covered patio area and 31,707 square feet of landscaping. A loading dock with 11 dock high doors and two grade doors would be located on the southern side of the building. Building 2 would have a maximum exterior height of 48 feet and 4 inches. Building 3 would be located in the eastern portion Project Site. The 79,369-square-foot building would be located on a 446,098-square-foot lot area shared with Building 2, with 155 parking spaces located on the west, south, and east sides of the building. The north side of the building would feature a prominent landscaped entrance to the South Coast Technology Center with benches and seating. Building 3 would have 895 square feet of outdoor covered patio area and 36,596 square feet of landscaping. A loading dock with seven dock high doors and one grade door would be located on the southern side of the building. Building 3 would have a maximum exterior height of 44 feet and 5 inches. Ancillary improvements to the Project Site would include landscaping, monument signage, lighting, and fencing. The proposed Project would include 27 short term bike parking spaces and 27 long term bike parking spaces near building entrances. The Project Site would be accessible from four driveways along Lake Center Drive and three driveways along South Susan Street. Trucks would access the Project Site via the proposed driveway entrances along Lake Center Drive at the northwest corner of the Project Site and between Building 2 and Building 3, and along Susan Street near the southwest corner of Building 2. All other driveways would be used for passenger vehicles. Internal drive aisles would provide access to the proposed buildings. Additionally, the proposed Project would require connections to existing pipelines for water, sewer, and storm drains within Lake Center Drive and Susan Street. The proposed Project would comply with the latest California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The latest California Building Energy Efficiency Standards and CALGreen became effective on January 1, 2023 (i.e., 2022 Title 24). The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. To further maximize energy efficiencies, the proposed Project would exceed the 2022 Title 24 by approximately 10 percent. The proposed Project would accomplish this through installing high efficiency HVAC units, using better building envelope insulation and glazing, installing high efficiency LED lighting, and designing lighting power density to be a minimum of 10 percent better than the baseline lighting power density of the existing buildings. The proposed Project would also install solar -ready roofs for each building. July i y Council 28 — 76 8/6/202 e 13 South Coast Technology Center Project CEQA Exemption 15183 2.4.1 Entitlements To allow the use of the proposed buildings, the Project proposes to amend SD-58 to allow for industrial uses. Specifically, SD-58 would be amended to allow for the use of Limited Light Industrial uses, consistent with the General Plan Update. The development standards would be updated to include standards for perimeter fencing and revised parking standards to remove reference to specific numbers. Operational standards would also be included for Limited Light Industrial uses. Minor changes to SD-58 are also included to reflect emerging best practices and provide flexibility for future development projects within the district. Additionally, the proposed Project would require a lot merger and site and development plan approval. 2.4.2 Project Construction Construction of the proposed Project is anticipated to take approximately 16 months to complete. The construction activities would include demolition, excavation, grading, building construction, paving, and architectural coating. The majority of the excavation for the proposed buildings would require over -excavation for the building pads at a depth of approximately 5 to 8 feet. The spoils from the over -excavation would be recompacted in the pad areas. Trenches for utility connections would require a maximum excavation depth of 14 feet. In total, it is anticipated that the proposed Project would excavate approximately 18,600 cubic yards of soils, of which a maximum of 7,235 cubic yards would be exported. Construction activities would comply with the City's Noise Ordinance, Santa Ana Municipal Code (SAMC) Section 18-314(e) and occur only Monday through Saturday between 7:00 a.m. and 8:00 p.m. Construction equipment and materials staging would occur within the Project Site. During construction, vehicular access would be provided via existing access points along Lake Center Drive and South Susan Street. Temporary partial lane closures of Susan Street and Lake Center Drive would be required for utilities connections to resurface the streets; during the resurfacing, access would be maintained. Full lane closures are not anticipated for the proposed Project. July i y Council 28 — 77 8/6/202 e 14 South Coast Technology Center Project CEQA Exemption 15183 3. California Environmental Quality Act Regulatory Setting CEQA applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA applies generally to discretionary actions by agencies which may have a significant effect on the environment. However, where it can be seen with certainty that there is no possibility that an activity may have a significant effect on the environment, or if the activity meets the conditions for a CEQA exemption, it is considered exempt from the provisions of CEQA. CEQA Guidelines Section 15183 provides an exemption for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an El R was certified. Additional environmental review of such projects shall not be required, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Projects that are consistent with the densities and use characteristics considered by the GPU PER may qualify for the CEQA Guidelines Section 15183 Exemption process. In accordance with CEQA Guidelines Section 15183(b), in approving a project meeting the requirements of Section 15183, "a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: (1) Are peculiar to the projector the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR." The environmental review contained in Section 4 has been prepared to assess the potential for the proposed Project to result in such environmental effects and whether the proposed Project qualifies for an exemption under CEQA Guidelines Section 15183. The previously certified GPU PER serves as the primary environmental compliance document for the Project, and the text, standards conditions, and applicable mitigation measures are incorporated by reference. The GPU PER (State Clearinghouse #2020029087) is available to the public for inspection at the City of Santa Ana, City Hall, during normal business hours. July i y Council 28 — 78 8/6/202 e 15 South Coast Technology Center Project CEQA Exemption 15183 4. Environmental Review This section includes an assessment, by issue area, of the proposed Project's potential effects on the environment. 4.1 Aesthetics 4.1.1 GPU PEIR Findings The GPU PEIR concluded that while buildout of the General Plan Update would result in greater density and intensity in five focus areas, it would not create a substantially adverse impact on scenic vistas nor degrade the City's visual character or quality. As stated in the GPU PEIR, because the City is highly urbanized, buildout in accordance with the GPU would consist mainly of infill and redevelopment efforts. Additionally, the GPU PEIR determined that the visual character of historic districts and scenic corridors within the City would not be substantially impacted. As stated in the GPU PEIR, development would be required to comply with the design and development specifications outlined in the updated land use and urban design elements. The aesthetic quality of development within the City would be guided by the SAMC and the seven existing specific plan/special zoning areas. Further, the GPU PEIR determined that by complying with the building codes, nighttime lighting and glare impacts and potential spillover caused by the full buildout of the General Plan Update would be minimized and impacts would be less than significant. Lastly, there are no state -designated scenic highways in Santa Ana, and thus, no impact would occur related to state scenic highways. The GPU PEIR determined that aesthetics impacts would be minimized with the implementation of GPU PEIR Regulatory Requirements (RR) AE-1 through RR AE-3. RR AE-1 would require the City to enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 would require the City to enforce development standards and other general provisions as detailed in the Zoning Code (SAMC Chapter 41, Zoning) to ensure consistency between the General Plan and proposed development projects. RR AE-3 would require the City to enforce the development standards and guidelines of adopted specific plans. Overall, impacts related to aesthetics were determined to be less than significant. 4.1.2 Project Analysis The Project Site is located within a highly urbanized area in the southwestern portion of Santa Ana, and is not located within one of the five focus areas, a historic district, or near a scenic corridor. Additionally, no long range public views are available from or through the Project Site. The Project Site is currently developed with an existing 10.2-acre office park east of Susan Street and also consists of an approximately 5.6-acre vacant field west of Susan Street. Thus, the proposed Project would redevelop an infill site, consistent with the buildout of the General Plan Update, and would not impact a scenic vista. The Project Site is not located within a state -designated scenic highway and there are no designated or eligible scenic highways within 5 miles of the Project Site.3 Therefore, the proposed Project would not have a substantial adverse effect on a scenic vista, or damage scenic resources within a state -designated scenic highway. California Department of Transportation, California State Scenic Highway System Map, https://caltrans. maps.arcgis.com/apes/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa, accessed April 25, 2024. July I y Council 28 — 79 8/6/202 e 16 South Coast Technology Center Project CEQA Exemption 15183 The Project would redevelop the Lake Center Office Park with two new industrial buildings and would construct a new industrial building on the vacant parcel west of Susan Street. The proposed Project would include accent walls, high quality landscaping, and monument signage at the primary entryways to the Project Site that would add visual interest to the site. Although the proposed Project would require an amendment to the SD-58 District to allow for industrial uses, the Project Site's zoning would be consistent with the General Plan Update land use designation of Industrial. The Project would be required to comply with updated development standards governing aesthetics for the SD-58 District, which include building heights, setbacks, separations, landscaping standards, and signage. Other than the addition of development standards for perimeter fencing and parking, the development standards for the SD-58 District remain essentially unchanged with the proposed SD-58 amendment. Additionally, no change in density or building height is proposed for SD-58. The proposed buildings would be consistent with or shorter than the heights of the existing buildings. Furthermore, the proposed Project would comply with RR AE-1 through RR AE-3. Therefore, the Project would not degrade the existing visual character of the Project Site or conflict with applicable zoning or other regulations governing scenic quality. Additionally, the proposed Project would comply with existing outdoor lighting standards for nonresidential buildings in SAMC Section 8-211, Special commercial building provisions, which require lighting to be contained on -site. Proposed nighttime lighting on -site for the outdoor areas would be limited to security, parking, and accent lighting. Therefore, the Project would not create a new source of substantial light or glare that would adversely affect day or nighttime views. Based on the above, impacts related to aesthetics would be less than significant and similar to the impacts identified in the GPU PEIR. The Project would not result in new or substantially more severe impacts compared to the determination in the GPU PEIR, which concluded that impacts would be less than significant. As such, no new project -specific mitigation measures are required. 4.1.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR AE-1 through RR AE-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe aesthetic impacts than anticipated by the GPU PEIR. 4.1.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR AE-1 The City shall enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 The City shall enforce development standards and other general provisions as detailed in the Zoning Code (Chapter 41 of the Municipal Code) to ensure consistency between the City's General Plan and proposed development projects. This includes compliance with the requirements of any ordinance adopting specific development plans. RR AE-3 The City shall enforce the development standards and design guidelines of adopted specific plans. In addition to these specific plans, the City will enforce the development standards of the Metro East Mixed -Use Overlay Zone for each district within the overlay area. July i y Council 28 — 80 8/6/202 e 17 South Coast Technology Center Project CEQA Exemption 15183 4.2 Agriculture and Forestry Resources 4.2.1 GPU PER Findings As stated in the GPU PEIR, most of the City is urbanized and developed. The City does not have any land designated or zoned for agricultural use, forestland, timberland, or timberland production. Additionally, the City does not have any land subject to a Williamson Act contract. Therefore, no impact to agricultural and forestry resources would occur with buildout of the General Plan Update. 4.2.2 Project Analysis The Project Site comprises an existing 10.2-acre office park that is fully developed with buildings, an artificial pond, and parking, and an approximately 5.6-acre vacant field. The vacant field does not contain any agricultural, forestland, or timberland uses. The Project Site is zoned SD-58, which allows for professional and business office and commercial/retail uses. The Project proposes to amend SD-58 to allow for industrial uses. The Project does not involve any land use changes related to agriculture, forest land, or timberland production. Furthermore, the Project Site and surrounding area are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and do not include lands that qualify as forest land or timberland.4 Therefore, similar to the GPU PER conclusion, no impact to agricultural and forestry resources would occur as a result of the Project. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determination in the GPU PER, and no new project -specific mitigation measures are required. 4.2.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to agriculture and forestry resources than anticipated by the GPU PEIR. 4.2.4 Applicable GPU PER Regulatory Requirements/Mitigation Measures No GPU PER regulatory requirements or mitigation measures apply. 4.3 Air Quality 4.3.1 GPU PER Findings The GPU PER analyzed the General Plan Update's consistency with South Coast Air Quality Management District's (SCAQMD) 2016 Air Quality Management Plan (AQMP), which was the latest AQMP when the GPU PER was prepared. The GPU PER concluded that buildout of the General Plan Update would exceed population estimates for the City, and therefore the emissions associated with the additional population are not included in the regional emissions inventory for the South Coast Air Basin (Basin). Additionally, air pollutant emissions associated with buildout of the General Plan Update would cumulatively contribute to the nonattainment designations in the Basin. Therefore, overall, the GPU would be inconsistent with the AQMP. Even with GPU PER Mitigation Measures (MM) AQ-1 and MM AQ-2, requiring the preparation of a project - specific technical assessment of construction and operational -related air quality impacts, and a California Department of Conservation, California Important Farmland Finder, https:Hmaps.conservation.ca.gov/ DLRP/CIFF/, accessed February 27, 2024. July I y Council 28 — 81 8/6/202 e 18 South Coast Technology Center Project CEQA Exemption 15183 policies in the General Plan Update, the GPU PEIR concluded that future development pursuant to the General Plan Update would result in significant and unavoidable impacts regarding consistency with SCAQMD's 2016 AQMP. Regarding impacts related to a cumulatively considerable net increase of criteria pollutants, the GPU PEIR acknowledged that construction activities associated with the General Plan Update would temporarily increase particulate matter (i.e., PM,o and PM2.5), volatile organic compounds (VOC), nitric oxides (NOx), sulfur oxides (SOx), and carbon monoxide (CO) regional emissions within the Basin. The GPU EIR also acknowledged that individual projects accommodated under the General Plan Update may not exceed the SCAQMD regional significance thresholds, but because site -specific development project information was not available at the time of the preparation of the GPU PEIR, and projects under the GPU PEIR could be constructed at the same time, impacts related to construction -related emissions that would cumulatively contribute to nonattainment designations of the Basin would be significant even with the implementation of GPU PEIR MM AQ-1. Similarly, the GPU PEIR concluded that buildout in accordance with the General Plan Update would generate long-term emissions that would exceed SCAQMD's regional significance thresholds for VOC, NOx, and CO, which would cumulatively contribute to the nonattainment designations of the Basin. GPU PEIR MM AQ-2, in addition to the goals and policies of the General Plan Update, would reduce air pollutant emissions to the extent feasible, but impacts would remain significant and unavoidable due to the magnitude of the overall land use development associated with the General Plan Update. Regarding sensitive receptors, the GPU PEIR concluded that buildout of the General Plan Update, including industrial and warehousing land uses, could expose sensitive receptors to substantial concentrations of toxic air contaminants (TACs). While individual projects could result in TAC emissions under the project -level risk threshold of 10 per million, they would nonetheless contribute to the higher levels of risk in the Basin. GPU PEIR MM AQ-3, requiring a project -specific health risk assessment (HRA) for new industrial or warehousing developments, would be required to ensure mobile sources of TACs not covered under SCAQMD permits are considered during subsequent project -level environmental review by the City. Additionally, GPU PEIR MM AQ-1 and MM AQ-2 would reduce the regional construction and operation emissions associated with buildout of the General Plan Update, and therefore also result in a reduction of localized construction- and operation -related criteria air pollutant emissions to the extent feasible. However, implementation of the General Plan Update would generate TACs that could contribute to elevated levels in the Basin, and because existing sensitive receptors may be close to project - related construction activities and large emitters of on -site operation -related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed SCAQMD's Localized Significance Thresholds (LSTs). Thus, the GPU PEIR concluded that the General Plan Update's cumulative contribution to health risk and localized impact would remain significant and unavoidable. However, because buildout of the General Plan Update would not result in the increase in traffic volume required to generate a CO hotspot, impacts related to CO hotspots would be less than significant. Regarding odors, the GPU PEIR determined that industrial land uses have the potential to generate objectionable odors, and that GPU PEIR MM AQ-4 would ensure that odor impacts are minimized, and that facilities would comply with SCAQMD Rule 402. The GPU PEIR stated that the Industrial and Industrial Flex land uses proposed under the General Plan Update are not anticipated to produce odors since the General Plan Update assumes that the odor -producing industrial land uses such as wastewater treatment 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 manufacturing plants, chemical July i y Council 28 — 82 8/6/202 e 19 South Coast Technology Center Project CEQA Exemption 15183 manufacturing, and food manufacturing facilities would not be permitted. Therefore, the GPU PEIR concluded that odor impacts would be less than significant. 4.3.2 Project Analysis The following section evaluates potential short- and long-term air quality impacts that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment A, Air Quality Assessment, and Attachment B, Health Risk Assessment. The Air Quality Assessment and Health RiskAssessmentwere prepared to fulfill the requirements of GPU PEIR MM AQ-1, MM AQ-2, and MM AQ-3. CONSISTENCY WITH APPLICABLE AIR QUALITY PLAN On December 2, 2022, the SCAQMD Governing Board adopted the 2022 AQMP. The 2022 AQMP incorporates the latest scientific and technical information and planning assumptions, including the latest applicable growth assumptions, updated emission inventory methodologies for various source categories. Additionally, the 2022 AQMP utilized information and data from the South Coast Association of Governments (SCAG) and its 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). While SCAG has recently adopted Connect SoCal2024 (i.e., the 2024-2050 RTP/SCS), SCAQMD has not released an updated AQMP based off of the 2024-2050 RTP/SCS growth projections. As such, this consistency analysis is based off the 2022 AQM P and the RTP/SCS that was adopted at the time, the 2020-2045 RTP/SCS. According to the SCAQMD's CEQA Air Quality Handbook, projects must be analyzed for consistency with two main criteria, as discussed below. Criterion 1: With respect to the first criterion, SCAQMD methodologies require that an air quality analysis for a project include forecasts of project emissions in relation to contributing to air quality violations and delay of attainment. i) Would the project result in an increase in the frequency or severity of existing air quality violations? Since the consistency criteria identified under the first criterion pertain to pollutant concentrations, rather than to total regional emissions, an analysis of a project's pollutant emissions relative to localized pollutant concentrations associated with the California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS) is used as the basis for evaluating project consistency. As detailed below under the Criteria Air Pollutants subsection, localized concentrations of CO, NOx, PM,o, and PM2.5 would be less than significant during Project construction and operations. Therefore, the proposed Project would not result in an increase in the frequency or severity of existing air quality violations. ii) Would the project cause or contribute to new air quality violations? As discussed below under the Criteria Air Pollutants subsection, the proposed Project would result in emissions that are below the SCAQMD thresholds. Therefore, the Project would not have the potential to cause or affect a violation of the ambient air quality standards. July i y Council 28 — 83 8/6/202 e 20 South Coast Technology Center Project CEQA Exemption 15183 iii) Would the project delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP? The proposed Project would result in less than significant impacts regarding localized concentrations during Project construction and operations; refer to the Localized Pollutants and Sensitive Receptors subsection below. As such, the Project would not delay the timely attainment of air quality standards or 2022 AQMP emissions reductions. Criterion 2: With respect to the second criterion for determining consistency with SCAQMD and SCAG air quality policies, it is important to recognize that air quality planning within the Basin focuses on attainment of ambient air quality standards at the earliest feasible date. Projections for achieving air quality goals are based on assumptions regarding population, housing, and growth trends. Thus, the SCAQMD's second criterion for determining project consistency focuses on whether the proposed Project exceeds the assumptions utilized in preparing the forecasts presented in the 2022 AQMP. Determining whether a project exceeds the assumptions reflected in the 2022 AQMP involves the evaluation of the three criteria outlined below. The following discussion provides an analysis of each of these criteria. i) Would the project be consistent with the population, housing, and employment growth projections utilized in the preparation of the AQMP? A project is consistent with the 2022 AQMP, in part, if it is consistent with the population, housing, and employment assumptions that were used in the development of the 2022 AQMP. In the case of the 2022 AQMP, three sources of data form the basis for the projections of air pollutant emissions: general plans, SCAG's regional growth forecast, and SCAG's 2020-2045 RTP/SCS. The 2020-2045 RTP/SCS also provides socioeconomic forecast projections of regional population growth. The Project Site is designated Industrial and zoned SD-58. The Industrial land use designation provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities; permitted uses in the SD-58 zoning district include professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar uses. The Project proposes the construction of three new Class A industrial buildings for office, manufacturing, and/or warehouse use. As such, the Project would be consistent with the land use projections previously envisioned for this site. Furthermore, the Project is anticipated to generate approximately 425 employees, which would be a nominal amount of employment increase compared to the growth identified in the GPU PEIR, which is an increase of 13,418 jobs between 2019 and 2045.5 As such, the proposed Project is considered consistent with the General Plan Update, and is consistent with the types, intensity, and patterns of land use previously envisioned for the site. The population, housing, and employment forecasts, which are adopted by SCAG's Regional Council, are based on the local plans and policies applicable to the City. As the SCAQMD has incorporated these same projections into the s City of Santa Ana, General Plan Update Program Environmental Impact Report, Table 5.13-7, Population and Employment Projections for Santa Ana and Orange County, October 2021. July I y Council 28 — 84 8/6/202 e 21 South Coast Technology Center Project CEQA Exemption 15183 2022 AQMP, it can be concluded that the proposed Project would be consistent with the 2022 AQMP. ii) Would the project implement all feasible air quality mitigation measures? The proposed Project would be required to comply with GPU PEIR RR AQ-1 through RR AQ-3, which include applicable emission reduction measures identified by the SCAQMD such as Rule 403 that requires control of excessive fugitive dust emissions by regular watering or other dust prevention measures, and Rule 1113 that regulates the reactive organic gas (ROG) content of paint. In addition, the Project would implement GPU PEIR MM AQ-1 and MM AQ-2, which require the preparation and submittal of a technical assessment that evaluates the project's potential construction and operational -related air quality impacts. The Air Quality Assessment (refer to Attachment A) was prepared to fulfill the requirements of GPU PEIR MM AQ-1 and MM AQ-2. As such, the proposed Project meets this AQMP consistency criterion. iii) Would the project be consistent with the land use planning strategies set forth in the AQMP? Land use planning strategies set forth in the 2022 AQMP are primarily based on the 2020- 2045 RTP/SCS. Overall, it is anticipated that the proposed Project would be consistent with SCAG's 2020-2045 RTP/SCS in that it would be located in a highly developed and urbanized area of Santa Ana with multiple bus stops within a quarter mile and would provide short- and long-term bike parking, both of which would incentivize employees to take alternative modes of travel, thereby reducing criteria pollutant emissions. Therefore, the Project would be consistent with the land use planning strategies and would be consistent with this criterion. Impact Summary In conclusion, the determination of 2022 AQMP consistency is primarily concerned with the long- term influence of a project on air quality in the Basin. The proposed Project would not result in a long-term impact on the region's ability to meet state and federal air quality standards. Further, the proposed Project's long-term influence on air quality in the Basin would also be consistent with the SCAQMD and SCAG's goals and policies and is considered consistent with the 2022 AQMP. As such, impacts resulting from the proposed Project would be less than significant and less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project -specific mitigation measures are required. CRITERIA AIR POLLUTANTS Construction Impacts The Project proposes to demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. Construction would result in fugitive dust emissions, exhaust emissions from construction equipment and worker vehicles, emissions from the application of coatings (i.e., ROG emissions). Construction activities would comply with SCAQMD Rule 402, which prohibits fugitive dust from creating a nuisance off -site, Rule 403, which requires that excessive fugitive dust emissions be controlled by regular watering or other dust prevention measures, and Rule 1113, which provides specifications on painting practices as well as regulates the ROG content of paint (refer to RR AQ-3). Additionally, the proposed Project July i y Council 28 — 85 8/6/202 e 22 South Coast Technology Center Project CEQA Exemption 15183 would comply with RR AQ-2 to limit idling of construction equipment to less than five minutes. The analysis of construction criteria pollutant emissions has been prepared utilizing the California Emissions Estimator Model (CaIEEMod) version 2022.1.E Table 4.3-1, Construction Criteria Pollutant Emissions, summarizes the estimated maximum daily emissions of VOC (ROG), NOx, CO, S02, PM1o, and PM2.5. As shown in Table 4.3-1, the daily total construction emissions would not exceed established SCAQMD thresholds. Therefore, impacts would be less than significant. Table 4.3-1 Construction Criteria Pollutant Emissions Pollutant (pounds/day)1,2 Construction Phase (Year) ROG NOx CO S02 PM10 PM2.5 Demolition (2024) 2.75 29.21 24.39 0.05 4.71 1.7 Grading (2024) 3.63 36.89 32.3 0.07 4.63 2.5 Building Construction (2024) 1.75 13.71 21.12 0.03 2.76 1.02 Building Construction (2025) 1.6E 1 12.77 21.52 0.03 2.68 1 0.96 Paving (2025) 2.85 7.51 10.71 0.01 0.55 0.37 Architectural Coating (2025) 71.03 0.99 2.46 < 0.01 0.39 0.11 Maximum Daily Emissions3 71.03 50.6 53.42 0.10 7.39 3.52 SCAQMD Significance Thresholds 75 100 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions were calculated using CaIEEMod version 2022.1. Higher emissions between summer and winter are presented as a conservative analysis. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. 3. Grading and building construction phases would overlap in 2024. As such, maximum daily emissions for all pollutants except for ROG are the total of grading phase and building construction phase emissions in 2024. Totals may be slightly off due to rounding. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CaIEEMod outputs and assumptions used in this analysis. With respect to the proposed Project's construction -period air quality emissions and cumulative Basin -wide conditions, the SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the 2022 AQMP. The proposed Project would comply with SCAQMD Rule 403 requirements and implement all feasible SCAQMD rules to reduce construction air emissions to the extent feasible. In addition, the proposed Project would comply with adopted 2022 AQMP emissions control measures. Pursuant to SCAQMD rules and mandates, as well as the CEQA requirement that significant impacts be mitigated to the extent feasible, these same requirements (i.e., Rule 403 compliance, implementation of all feasible mitigation measures, and compliance with adopted AQMP emissions control measures) would also be imposed on construction projects throughout the Basin, which would include related projects. 6 Modeling was performed for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the modeling, the total building square footage has been reduced to 313,244 square feet. Therefore, Project emissions are conservative. July I y Council 28 - 86 8/6/202 e 23 South Coast Technology Center Project CEQA Exemption 15183 The Project's construction emissions would be below the established thresholds and would result in less than significant air quality impacts. Thus, it can be reasonably inferred that the Project's construction emissions would not contribute to a cumulatively considerable air quality impact for nonattainment criteria pollutants in the Basin, and impacts would be less than significant. Operational Impacts Long-term air quality impacts typically consist of mobile source emissions generated from traffic associated with on -site uses (i.e., motor vehicle use by employees, deliveries travelling to and from the site), and emissions from area and energy sources. Operational emissions associated with the existing and proposed uses of the Project Site were estimated in CaIEEMod. Existing uses of the Project Site generate 1,930 daily trips while the Project would generate 1,544 daily trips'. This analysis utilized trip lengths of 39.9 miles per trip for 4-axle trucks and 14.2 miles per trip for 2-axle and 3-axle trucks based on SCAQMD guidance; trip lengths for passenger cars remain as CaIEEMod defaults (5.3 to 13.4 miles per trip). At the time of this analysis, it has not been determined if the ultimate tenants for the proposed buildings would operate their own fleet; most warehouse operators have no control over the trucks entering and exiting their facilities. Consequently, it is infeasible to require trucks with particular emission profiles (e.g., zero -emission [ZE], near -zero -emission [NZE], or 2010 or beyond model year trucks) for Project operations. If ZE or NZE fleets are utilized during Project operations, the Project's emissions would be less than those identified in this analysis. Area source emissions would be generated from consumer products, architectural coatings, and landscaping. Regarding energy emissions, the primary use of electricity by the Project would be for space heating and cooling, water heating, ventilation, lighting, appliances, landscaping equipment, and electronics. The proposed Project would not consume natural gas according to the Project applicant. However, criteria air pollutant emissions from electricity use are not quantified since criteria pollutants emissions occur at the site of the power plant, which is off -site. Emissions associated with each of these sources were calculated and are discussed below in Table 4.3-2, Operational Criteria Pollutant Emissions. As shown in Table 4.3-2, the daily total operational emissions would not exceed established SCAQMD thresholds. Therefore, impacts would be less than significant. As shown in Table 4.3-2, the Project would result in reduced ROG and CO emissions during both summer and winter conditions compared to existing conditions primarily due to the proposed Project generating less mobile source emissions than the existing office uses. In addition, the Project would not consume natural gas, which would also partially contribute to the reductions of ROG and CO emissions. Overall, the daily total operational emissions would not exceed established SCAQMD thresholds. As discussed, the proposed Project would not result in long-term operational air quality impacts. Additionally, adherence to SCAQMD rules and regulations would alleviate potential impacts related to cumulative conditions on a project -by -project basis. Emission reduction technology, strategies, and plans are constantly being developed. As a result, the proposed Project would not contribute a cumulatively considerable net increase of any nonattainment criteria pollutant. Therefore, no cumulative operational impacts associated with implementation of the proposed Project would result. ' Linscott, Law & Greenspan, Engineers, Trip Generation Assessment for the Proposed South Coast Technology Center Project, January 2, 2024. July I y Councii 28 — 87 8/6/202 e 24 South Coast Technology Center Project CEQA Exemption 15183 Table 4.3-2 Operational Criteria Pollutant Emissions Emissions Source Pollutant (pounds/day)' ROG NOx CO SOX PM10 PM2.5 Existing Summer Emissions Mobilez 6.41 4.59 50.50 0.12 10.90 2.82 Area 6.65 0.12 14.50 < 0.005 0.03 0.02 Energy3 0.07 1.21 1.02 0.01 0.09 0.09 Total Existing Summer Em issions4 13.10 5.92 66.00 0.13 11.00 2.93 Project Summer Emissions Mobilez 2.85 26.30 33.90 0.28 14.70 4.11 Area 9.73 0.12 14.10 < 0.005 0.03 0.02 Energy3 0.00 0.00 0.00 0.00 0.00 0.00 Total Project Summer Emissions4 12.60 26.40 48.00 0.28 14.70 4.13 Net Increase From Existing Conditions -0.50 20.48 -18.00 0.15 3.70 1.20 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Existing Winter Emissions Mobilez 6.34 4.99 47.30 0.11 10.90 2.82 Area 4.28 0.00 0.00 0.00 0.00 0.00 Energy 0.07 1.21 1.02 0.01 0.09 0.09 Total Existing Winter Em issions4 10.70 6.20 48.30 0.12 11.00 2.91 Project Winter Emissions Mobilez 2.82 27.40 32.00 0.28 14.70 4.11 Area 7.41 0.00 0.00 0.00 0.00 0.00 Energy3 0.00 0.00 0.00 0.00 0.00 0.00 Total Project Winter Emissions4 10.20 27.40 32.00 0.28 14.70 4.11 Net Increase From Existing Conditions -0.50 21.20 -16.30 0.16 3.70 1.20 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions calculated using CalEEMod Version 2022.1. 2. Operational trips based on the Trip Generation Assessment prepared by Linscott, Law & Greenspan Engineers (dated January 2, 2024). 3. According to the Project applicant, the Project would not consume natural gas. 4. Totals may not add precisely due to rounding. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Air Quality Health Impacts Adverse health effects induced by criteria pollutant emissions are highly dependent on a multitude of interconnected variables (e.g., cumulative concentrations, local meteorology and atmospheric conditions, and the number and character of exposed individual [e.g., age, gender]). In particular, ozone (03) precursors, VOCs and NOx, affect air quality on a regional scale. Health effects related to 03 are therefore the product of emissions generated by numerous sources throughout a region. Existing models have limited sensitivity to small changes in criteria pollutant concentrations and, as such, translating project -generated criteria pollutants to specific health effects or additional days of nonattainment would produce meaningless results. In other words, the Project's less than significant increases in regional air pollution from criteria air pollutants during construction would have negligible impacts on human health. July I y Council 28 - 88 8/6/202 e 25 South Coast Technology Center Project CEQA Exemption 15183 As noted in the Brief of Amicus Curiae by the SCAQM D, the SCAQM D acknowledged it would be extremely difficult, if not impossible to quantify health impacts of criteria pollutants for various reasons including modeling limitations as well as where in the atmosphere air pollutants interact and form.$ Further, as noted in the Brief of Amicus Curiae by the San Joaquin Valley Air Pollution Control District (SJVAPCD), SJVAPCD has acknowledged that currently available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project's air emissions and specific human health impacts.9 The SCAQMD acknowledges that health effects quantification from 03, as an example, is correlated with the increases in ambient level of 03 in the air (concentration) that an individual person breathes. SCAQMD's Brief of Amicus Curiae states that it would take a large amount of additional emissions to cause a modeled increase in ambient 03 levels over the entire region. The SCAQMD further states that based on their own modeling in the SCAQMD's 2012 Air Quality Management Plan, a reduction of 432 tons (864,000 pounds) per day of NOx and a reduction of 187 tons (374,000 pounds) per day of VOCs would reduce 03 levels at highest monitored site by only nine parts per billion. As such, the SCAQMD concludes that it is not currently possible to accurately quantify 03-related health impacts caused by NOx or VOC emissions from relatively small projects (defined as projects with regional scope) due to photochemistry and regional model limitations. Thus, as the Project would not exceed SCAQMD thresholds for construction and operational air emissions, the Project would have a less than significant impact for air quality health impacts. Impact Summary In conclusion, construction and operational impacts resulting from the proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment. Project impacts would be less than significant and less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project -specific mitigation measures are required. LOCALIZED POLLUTANTS AND SENSITIVE RECEPTORS Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The California Air Resources Board (CARB) has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The nearest sensitive receptor to the Project Site is the existing Calvary Chapel High School located approximately 100 feet to the east of the Project Site. South Coast Air Quality Management District, Application of the South Coast Air Quality Management District for Leave to File Brief of Amicus Curiae in Support of Neither Party and Brief of Amicus Curiae. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 3, 2015. San Joaquin Valley Air Pollution Control District, Application for Leave to File Brief of Amicus Curiae Brief of San Joaquin Valley Unified Air Pollution Control District in Support of Defendant and Respondent, County of Fresno and Real Party In Interest and Respondent, Friant Ranch, L.P. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 13, 2015. July I y Council 28 — 89 8/6/202 e 26 South Coast Technology Center Project CEQA Exemption 15183 Localized Significance Thresholds LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (1-4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized air quality impacts. The SCAQMD provides the LST screening lookup tables for one-, two-, and five -acre projects emitting CO, NOx, PM2.5, or PM,o. The LST methodology and associated mass rates are not designed to evaluate localized impacts from mobile sources traveling over the roadways. The Project is located within SRA 17, Central Orange County. Construction The SCAQMD guidance on applying CaIEEMod to LSTs specifies the number of acres a particular piece of equipment would likely disturb per day.'o SCAQMD provides LST screening thresholds for one-, two, and five -acre site disturbance areas; SCAQMD does not provide LST screening thresholds for projects over five acres. The Project would actively disturb approximately three acres per day during the grading phase of construction. Therefore, the construction LST screening threshold for two acres were utilized as a conservative analysis. As discussed, the nearest sensitive receptor to the Project Site is the existing Calvary Chapel High School located approximately 100 feet to the east of the Project Site. This sensitive land use may be potentially affected by air pollutant emissions generated during on -site construction activities. LST screening thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. As the nearest sensitive receptor is located approximately 100 feet (30.5 meters) from the Project Site, the lowest available LST screening values for 25 meters was used. Table 4.3-3, Localized Significance of Construction Emissions, shows the localized construction - related emissions for NOx, CO, PM,o, and PM2.5 compared to the LST screening thresholds for SRA 17. It is noted that the localized emissions presented in Table 4.3-3 are less than those in Table 4.3-2 because localized emissions include only on -site emissions (i.e., from construction equipment and fugitive dust), and do not include off -site emissions (i.e., from hauling activities). As shown in Table 4.3-3, localized construction emissions would not exceed the LST screening thresholds for SRA 17. Therefore, localized significance impacts from construction would be less than significant. Further, as discussed in the Attachment B, Health Risk Assessment, the highest expected average diesel particulate matter (DPM) emission concentrations resulting from construction of the Project at a sensitive receptor would be approximately 0.06955 pg/m3. It is acknowledged that the calculations conservatively assume no cleaner technology with lower emissions would occur in future years. Cancer risk calculations are based on 16-month maximum individual cancer risk (MICR) exposure periods. As shown in the Health Risk Assessment, the highest calculated carcinogenic risk from Project construction activities is approximately 1.71 per million for 16- month exposure at the sensitive receptor at the school and 5.68 per million for 16-month exposure at a residential sensitive receptor location east of the Project Site. Thus, the Project would not exceed the MICR of 10 in one million and impacts related to cancer risk and DPM concentrations from heavy trucks would be less than significant for the MICR. 10 The number of acres represent the total acres traversed by grading equipment. To properly grade a piece of land, multiple passes with equipment may be required. The disturbance acreage is based on the equipment list and days of the grading phase according to the anticipated maximum number of acres a given piece of equipment can pass over in an 8-hour workday. July I y Council 28 — 90 8/6/202 e 27 South Coast Technology Center Project CEQA Exemption 15183 Table 4.3-3 Localized Significance of Construction Emissions Emissions Source Emissions (pounds per day) NOx CO PM10 PM2.5 Maximum Daily Construction Emissions' 2 45.50 43.30 4.34 2.74 LST Screening Threshold3 115 715 6 4 Thresholds Exceeded? No No No No Notes: 1. The grading phase would overlap with the building construction phase during Year 1; maximum daily construction emissions from these two phases are combined to be presented as the worst -case scenario for NOx, CO, PM10, and PM2.5 emissions. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. 3. The Localized Significance Threshold Mass Rate Screening Criteria was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOx, CO, PM10, and PM2.5. The Localized Significance Threshold was based on the anticipated daily acreage disturbance for construction (approximately three acres; therefore, the two -acre thresholds were used) and Source Receptor Area 17, Central Orange County. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Asbestos Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by state, federal, and international agencies and was identified as a toxic air contaminant by CARB in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, serpentinite and ultramafic rocks are not known to occur within the Project area." According to the Attachment C, Cultural and Paleontological Resources Identification Memorandum, the existing buildings were built after the 1980s. Thus, the buildings are not likely to contain asbestos. However, SCAQMD Rule 1403 requires that, prior to the start of demolition activities, the existing structure shall be thoroughly surveyed for the presence of asbestos by a person that is certified by Cal/OSHA for asbestos surveys. Rule 1403 requires that the SCAQMD be notified a minimum of 10 days before any demolition activities begin with specific details of all asbestos to be removed, start and completion dates of demolition, work practices and engineering 11 California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, hftps://ww3.arb.ca.gov/toxics/asbestos/ofr 2000-019.pdf, accessed April 3, 2024. July I y Council 28 — 91 8/6/202 e 28 South Coast Technology Center Project CEQA Exemption 15183 controls to be used to contain the asbestos emissions, estimates on the amount of asbestos to be removed, the name of the waste disposal site where the asbestos will be taken, and names and addresses of all contractors and transporters that will be involved in the asbestos removal process. Therefore, through adherence to the asbestos removal requirements, detailed in SCAQMD Rule 1403, a less than significant asbestos impact would occur during construction of the proposed Project. Operations According to SCAQMD LST methodology, LSTs would apply to the operational phase of a proposed project if the project includes stationary sources or attracts mobile sources that may spend extended periods queuing and idling at the site (e.g., warehouse or transfer facilities). Since the proposed Project consists of three new Class A industrial buildings for office, manufacturing, and/or warehouse use, the operational phase LST protocol was applied. If emissions exceed the applicable operational LST screening thresholds for the Project Site, then additional dispersion modeling would need to be conducted to determine if there is an actual exceedance of the ambient air quality standards. The Project Site is approximately 15.8 acres. Therefore, the LST values for five -acre at 25 meters were utilized to provide a conservative estimate of operational LST impacts. It is assumed that the maximum distance a vehicle could travel on the 15.8-acre (approximately 0.0247-square mile) site would be one mile or less. Therefore, a conservative percentage of 20 percent of the total mobile source emissions (one mile trip on -site of the shortest 5.3-mile trip) were assumed as on -site emissions. This assumption is conservative because only 45 percent of the passenger cars trips would have a trip length of 5.3 miles per trip; all other trip types and vehicle types would have much longer trip lengths. Table 4.3-4, Localized Significance of Operational Emissions, shows the calculated emissions for the Project's operational activities compared to the applicable LST screening thresholds. As shown in Table 4.3-4, the Project's operational area source emissions would not exceed the LST screening thresholds for SRA 17. Therefore, localized significance impacts from operations would be less than significant. Further, based on the Health Risk Assessment, the highest expected annual average DPM emission concentrations resulting from operation of the Project (332 daily truck trips) at a sensitive receptor would be 0.00456 micrograms per cubic meter (pg/m3). This level of concentration would be experienced at the institutional uses (Calvary Chapel High School) located directly east of the Project Site, where DPM emissions were modeled to include emissions from on -site and off -site heavy duty trucks movement and idling. It is acknowledged that the calculations conservatively assume no cleaner technology with lower emissions would occur in future years. Cancer risk calculations are based on four-year maximum individual cancer risk (MICR) exposure periods. As shown in the Health Risk Assessment, the highest calculated carcinogenic risk from Project implementation is 0.00965 per million for 4-year exposure at the sensitive receptor at the school. The highest calculated carcinogenic risk at a residential sensitive receptor location (800 feet south of the Project Site) is 1.750 per million for 30-year exposure. Thus, the Project would not exceed the MICR of 10 in one million and impacts related to cancer risk and DPM concentrations from heavy trucks would be less than significant for the MICR. July i y Council 28 — 92 8/6/202 e 29 South Coast Technology Center Project CEQA Exemption 15183 Table 4.3-4 Localized Significance of Operational Emissions Emissions Source Emissions (pounds per day) NOx CO PM10 PM2.5 Maximum Daily Area Source Emissions 0.12 14.10 0.03 0.02 Maximum Daily On -Site Mobile Emissions' 5.48 6.78 2.94 0.82 Maximum Daily Energy Emissions 0.00 0.00 0.00 0.00 Total Maximum Daily On -Site Operational Emissions 5.60 20.88 2.97 0.84 Localized Significance Threshold' 183 1,253 3 2 Thresholds Exceeded? No No No No Notes: 1. As it was conservatively assumed that approximately 20 percent of the project's mobile trips would occur on the 15.8-acre site, the operational LST assessment analyzed 20 percent of the maximum daily winter or summer operational mobile emissions. 2. The Localized Significance Threshold Mass Rate Screening Criteria was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOx, CO, PM10, and PM2.5. The Localized Significance Threshold was based on the site acreage (approximately 15.8 acres; therefore, the five -acre thresholds were used as a conservative analysis) and Source Receptor Area 17, Central Orange County. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Carbon Monoxide Hotspots CO emissions are a function of vehicle idling time, meteorological conditions and traffic flow. Under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthy levels (i.e., adversely affect residents, school children, hospital patients, the elderly, etc.). To identify CO hotspots, the SCAQMD requires a CO microscale hotspot analysis when a project increases the volume -to -capacity ratio (also called the intersection capacity utilization) by 0.02 (two percent) for any intersection with an existing level of service (LOS) D or worse. Because traffic congestion is highest at intersections where vehicles queue and are subject to reduced speeds, these hot spots are typically produced at intersection locations. The Basin is designated as an attainment area for state and federal CO standards. There has been a decline in CO emissions even though vehicle miles traveled (VMT) on U.S. urban and rural roads have increased. On -road mobile source CO emissions have declined 24 percent between 1989 and 1998, despite a 23 percent rise in motor VMT over the same 10 years. California trends have been consistent with national trends; CO emissions declined 20 percent in California from 1985 through 1997, while VMT increased 18 percent in the 1990s. Three major control programs have contributed to the reduced per -vehicle CO emissions: exhaust standards, cleaner burning fuels, and motor vehicle inspection/maintenance programs. A detailed CO analysis was conducted in the Federal Attainment Plan for Carbon Monoxide (CO Plan) for the SCAQM D's 2003 Air Quality Management Plan. The locations selected for microscale modeling in the CO Plan are worst -case intersections in the Basin and would likely experience the highest CO concentrations. Of these locations, the Wilshire Boulevard/Veteran Avenue intersection experienced the highest CO concentration (4.6 parts per million (ppm)), which is well below the 35-ppm 1-hr CO federal standard. The Wilshire Boulevard/Veteran Avenue intersection is one of the most congested intersections in southern California with an average daily traffic (ADT) volume of approximately 100,000 vehicles per day. As the CO hotspots were not experienced at the Wilshire Boulevard/Veteran Avenue intersection (100,000 ADT), it July I y Council 28 — 93 8/6/202 e 30 South Coast Technology Center Project CEQA Exemption 15183 can be reasonably inferred that CO hotspots would not be experienced at any locations near the Project Site as the Project would not result in increase in daily trips compared to existing conditions. Therefore, similar to the analysis in GPU PEIR, impacts related to CO hotspots would be less than significant. Impact Summary In conclusion, both construction and operational localized air quality impacts resulting from the proposed Project would be less than significant and would be less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project -specific mitigation measures are required. OBJECTIONABLE ODORS Construction activities associated with the Project may generate detectable odors from heavy- duty equipment exhaust and architectural coatings. However, construction -related odors would be short-term in nature and cease upon Project completion. In addition, the Project would be required to comply with the California Code of Regulations, Title 13, Sections 2449(d)(3) and 2485, which minimizes the idling time of construction equipment either by shutting it off when not in use or by reducing the time of idling to no more than five minutes (RR AQ-2). This would further reduce the detectable odors from heavy-duty equipment exhaust. The Project would also comply with the SCAQMD Rule 1113, which would minimize odor impacts from ROG emissions during architectural coating (RR AQ-3). Any impacts to existing adjacent land uses would be short-term. Land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed Project involves the construction of three new Class A industrial buildings for office, manufacturing, and/or warehouse use. As such, the operation of the Project would not involve land uses typically associated with odor complaints. In relation to truck operations, the proposed Project would be required to comply with the California Code of Regulations, Title 13, Sections 2485(C)(1) which limits the idling time of trucks to no more than five minutes and would further minimize emissions and possible odors. As discussed above, Project adherence with SCAQMD Rule 402 would minimize any discharge of contaminants that could be detrimental or would cause a nuisance. In conclusion, project -related construction and operational impacts pertaining to other air emissions (such as those leading to odors) would be less than significant, and would be the same as impacts disclosed in the GPU PEIR, which were also determined to be less than significant. As such, no new project -specific mitigation measures are required. 4.3.3 Conclusion Overall, the Project is consistent with the General Plan Update. With implementation of RR AQ-1 though RR AQ-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe air quality impacts than anticipated by the GPU PEIR. July i y Council 28 — 94 8/6/202 e 31 South Coast Technology Center Project CEQA Exemption 15183 4.3.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR AQ-1 New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building Energy Efficiency Standards became effective January 1, 2020. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually with a goal to achieve net zero buildings energy for 2030. RR AQ-2 Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. RR AQ-3 Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: • Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. Rule 402, Nuisance, which states that a project shall not "discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." Rule 1113, which limits the volatile organic compound content of architectural coatings. Rule 1466, Soil Disturbance. Projects that involve earth -moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. MM AQ-112 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: 12 The Air Quality Assessment (Attachment A) was prepared to fulfill the requirements of GPU PER MM AQ-1 and MM AQ-2. July I y Council 28 — 95 8/6/202 e 32 South Coast Technology Center Project CEQA Exemption 15183 • Require fugitive -dust control measures that exceed South Coast AQM D's Rule 403, such as: - Use of nontoxic soil stabilizers to reduce wind erosion. - Apply water every four hours to active soil -disturbing activities. - Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. MM AQ-213 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQM D's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: For site -specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. 13 The Air Quality Assessment (Attachment A) was prepared to fulfill the requirements of GPU PER MM AQ-1 and MM AQ-2. July I y Council 28 — 96 8/6/202 e 33 South Coast Technology Center Project CEQA Exemption 15183 • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. MM AQ-314 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel -powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T- BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may 14 The Health Risk Assessment (Attachment B) was prepared to fulfill the requirements of GPU PEIR MM AQ-3. July I y Council 28 — 97 8/6/202 e 34 South Coast Technology Center Project CEQA Exemption 15183 include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. 4.4 Biological Resources 4.4.1 GPU PEIR Findings According to the GPU PEIR, the City is built out with primarily industrial, commercial, and residential uses. Within the City, wildlife habitats are generally limited to open space/vacant parcels, the Santa Ana River, and the Santiago Creek. A total of 499 parcels are designated as Open Space land use within the City boundaries. An additional 135 parcels within the City boundaries were identified as vacant or containing natural resources but are not designated Open Space. The General Plan Update proposes no change in General Plan land use designation for the parcels identified as open space or vacant parcels within the City limits. The inventory of existing conditions conducted for the GPU PEIR determined that no parcels with a proposed land use designation that allows for development (i.e., not an open space designation) currently has sensitive vegetation. All parcels currently have ruderal vegetation and little to no biological value. Nevertheless, while no development or land use changes are proposed in the City's open space areas, and the GPU PEIR reported no indication that development in accordance with the General Plan Update would have significant biological impacts, the GPU PEIR concluded that there is potential for implementation of the General Plan Update to impact candidate, sensitive, or special status species, particularly if future development includes stream crossings. In addition, the GPU PEIR determined that development under the General Plan Update could result in vegetation removal, intrusion by humans and pets, and increase noise and air pollution, which could adversely affect wildlife movement, nesting sites, and migratory birds. Thus, the GPU PEIR concluded that impacts to candidate, sensitive, or special status species; wildlife movement; nesting sites; and migratory birds would be potentially significant even with implementation of RR B-1 through RR B-5. However, with incorporation of GPU PEIR MM 13I0-1, which would require screening by a qualified biologist to determine if a site -specific biological resources report is required for projects that disturb vegetated land or major streams, impacts would be reduced to less than significant. No land use changes were proposed on parcels identified as riparian habitat, sensitive natural communities, or wetlands and jurisdictional waterways by the General Plan Update. Additionally, the City is not within a Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) area. Thus, the GPU PEIR concluded that the General Plan Update would have a less than significant impact related to riparian habitat, sensitive natural communities, wetlands and jurisdictional waterways, and adopted NCCP/HCP. 4.4.2 Project Analysis The Project Site comprises an existing 10.2-acre office park that is fully developed with buildings, an artificial pond, and parking, and an approximately 5.6-acre vacant field. The proposed Project would demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. The vacant field is disturbed, surrounded by urban uses, and does not contain any critical habitat for threatened and endangered species as July i y Council 28 — 98 8/6/202 e 35 South Coast Technology Center Project CEQA Exemption 15183 delineated by the U.S. Fish and Wildlife Service.15 The Project Site also does not contain nor is it adjacent to any wetland or riparian habitat as identified by the National Wetlands Inventory.16 As stated in the GPU PEIR, parcels with a proposed land use designation that allows for development, such as the Project Site, currently do not contain sensitive vegetation with any biological value. Thus, although the Project Site contains limited ornamental vegetation, the site does not include attributes that would be capable of supporting special status or sensitive plant species, or native resident or migratory species. Additionally, the Project would comply with RR B-2, which would ensure any potential direct or indirect impacts to bird species that may nest in the on -site trees comply with California Fish and Game Code Section 3503, which prohibits the take, possession, or needless destruction of any bird's nest or eggs. Therefore, Project impacts related to candidate, sensitive, or special status species; riparian habitat; wetlands; native resident or migratory species would be less than significant. A total of 201 trees would be removed to construct the proposed Project, all of which are located on the Project Site. SAMC Chapter 33, Article VII regulates the planting, maintenance, and removal of public trees. Since all trees removed would be on -site trees, the regulations contained in SAMC Chapter 33, Article VII would not apply to the Project. Thus, the Project would not conflict with the City's tree ordinance and impacts would be less than significant. In addition, as stated in the GPU PEIR, the City is not within an NCCP/HCP area. Therefore, the proposed Project would not conflict with an NCCP/HCP or other approved local, regional, or state habitat conservation plan and no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determination in the GPU PEIR, which concluded that impacts related to riparian habitat, sensitive natural communities, wetlands and jurisdictional waterways, and adopted NCCP/HCP would be less than significant and that impacts to candidate, sensitive, or special status species; wildlife movement; nesting sites; and migratory birds would be less than significant with mitigation. As such, no new project -specific mitigation measures are required. 4.4.3 Conclusion The Project is consistent with the General Plan Update. With compliance with RR B-2 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off - site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe biological resource impacts than anticipated by the GPU PEIR. 4.4.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR B-2 Regulatory requirement for potential direct/indirect impacts to common and sensitive bird and raptor species will require compliance with the California Fish and Game Code Section 3503. 15 U.S. Fish and Wildlife Service. Critical Habitat for Threatened and Endangered Species Online Mapper, httDs://fws. maos.arcais.com/home/webmao/viewer. html?webmap=9d8de5e265ad4feO9893cf75b8dbfb77. accessed April 25, 2024. 16 U.S. Fish and Wildlife Service. National Wetlands Inventory Wetlands Mapper. https://fwsprimary.wim.usgs.gov /wetlands/apes/wetlands-mapper/, accessed April 25, 2024. July I y Council 28 — 99 8/6/202 e 36 South Coast Technology Center Project CEQA Exemption 15183 4.5 Cultural Resources 4.5.1 GPU PEIR Findings The GPU PEIR concluded that future development under the General Plan Update could adversely impact the City's numerous historical properties listed in national, state, and local registers. Implementation of RR CUL-2 through RR CUL-6 and GPU PEIR MM CUL-1 through MM CUL-3 would be required. Specifically, GPU PEIR MM CUL-1 would require a historical resources assessment (HRA) for structures 45 years or older. GPU PEIR MM CUL-2 would require the maximum use of the Secretary of the Interior's Standards forthe Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings to ensure that projects involving relocation, conversion, rehabilitation, or alteration of a historic resources would not impair any historical significance. In the event that impacts to historical resources cannot be avoided, GPU PEIR MM CUL-3 would require the affected historical resources to be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. However, impacts to historical resources would still be significant and unavoidable. The GPU PEIR stated that development involving ground disturbance within the plan area has the potential to impact known and unknown archaeological resources. To reduce impacts to archaeological resources and prior to ground -disturbing activities, GPU PEIR MM CUL-4 requires an Archaeological Resources Assessment be conducted under the supervision of a qualitied archaeologist. If potentially significant archaeological resources are identified and impacts cannot be avoided, GPU PEIR MM CUL-5 requires a Phase II Testing and Evaluation investigation be performed by a qualified archaeologist. If the Archaeological Resources Assessment required by GPU PEIR MM CUL-4 does not identify archaeological resources but indicates the project area to be highly sensitive for archeological resources, then GPU PEIR MM CUL-6 requires a qualified archaeologist and a Native American monitor culturally affiliated with the project area to monitor all ground -disturbing activities in the areas of high archaeological sensitivity. However, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but indicates that the site has moderate sensitivity for archaeological resources, then GPU PEIR MM CUL-7 requires that a qualified archaeologist be retained on -call. With implementation of GPU PEIR MM CUL-4 through MM CUL-7, impacts to archaeological resources would be less than significant. As stated in the GPU PEIR, the potential for disturbance of human remains is low since development in accordance with the General Plan Update would be largely limited to infill sites and previously disturbed land in an urban environment. The GPU PEIR determined that compliance with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 would ensure that impacts to human remains would be less than significant. 4.5.2 Project Analysis The following section evaluates potential impacts to cultural resources that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment C, Cultural and Paleontological Resources Identification Memorandum (Cultural Memorandum). The Cultural Memorandum was prepared to fulfill the requirements of GPU PEIR MM CUL-4. July i y Council 28 — 100 8/6/202 e 37 South Coast Technology Center Project CEQA Exemption 15183 Based on the Cultural Memorandum, the Project Site does not contain any historical resources as defined by CEQA Guidelines Section 15064.5(a). Three buildings would be demolished as part of the proposed Project, but they are not historic in age (i.e., 50 years old). As discussed in the Cultural Memorandum, aerial photographs indicate that the two buildings on the Project Site east of Susan Street were constructed between 1980 and 1987. The third building was constructed between 1987 and 1992. Thus, no impacts would occur with regards to historical resources. A records search of the Project Site and a half -mile search radius identified five resources within the Project area, none of which are located within or adjacent to the Project Site. An archaeological field survey conducted in February 2024 identified two marine shell scatters along the northeast of the Project Site's vacant parcel; none of the shell observed on -site showed any sign of burning or other cultural modification. No prehistoric artifacts were observed, either within or outside the shell scatters anywhere on the Project Site. Based on the results of the field survey, a follow-up visit occurred to conduct limited subsurface testing to understand the origin of the shell scatters and determine whether the shell is an archaeological resource. Based on the collective evidence from the geotechnical trenching and the archaeological shovel test pits, it was concluded that the shell scatters do not constitute an archaeological site. All the observed shell and shell fragments are unmodified. All the documented shell and shell fragments were located at or within 10 cm of the surface, within artificial fill. No prehistoric artifacts were observed anywhere in the Project Site. The collective evidence is that the shells and shell fragments were brought in with imported fill and dumped at the site relatively recently. Thus, the shell scatters are not part of a prehistoric deposit and are not historical resources as defined by CEQA Section 15064.5(a). The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. Construction activities would include excavation and grading, which could disturb unknown archaeological resources. The majority of the excavation for the proposed buildings would require over -excavation for the building pads at a depth of approximately 5 to 8 feet. Trenches for utility connections would require a maximum excavation depth of 14 feet. Based on the Cultural Memorandum, sensitivity for cultural resources consisting of archaeological sites is considered low at and near the surface, but increases to moderate with depth. Geologic and soils maps indicate that the Project area contains surficial deposits of younger Quaternary alluvial sediments. These sediments have the potential to contain buried archaeological deposits. The late nineteenth to early twentieth century bed of the Santa Ana River was located approximately 0.6 miles to the northwest and would have provided abundant resources to area inhabitants. As the river meandered and changed its course, it or its tributaries may have been located closer to the Project area at times. These conditions heighten the sensitivity of the Project area for buried cultural resources. However, the Project area has an extensive history of recent disturbances. East of Susan Street, the Project Site is entirely developed by the construction of multi -storied office buildings, a pond, and parking lots. Building methods at the time, and the installation of associated utilities, would have resulted in the disturbance of archaeological sites buried at shallow depths. West of Susan Street, geotechnical testing indicates that a layer of imported fill, ranging from 3 to 4.5 feet thick, covers the entire Project Site. Nevertheless, buried resources may remain in areas where developments such as parking lots or structures with shallow foundations have required only minimal ground disturbance, or below the existing imported fill. Therefore, the sensitivity of the Project area at the surface and near surface is low due to past disturbances. However, excavations for the Project are anticipated to disturb a large part of the Project Site to points below the level of existing artificial fill and other disturbances and the sensitivity for potential buried prehistoric archaeological sites is moderate in these undisturbed soils. Therefore, consistent with the GPU PEIR, the proposed Project would implement GPU PEIR MM CUL-7 which would require July i y Council 28 — 101 8/6/202 e 38 South Coast Technology Center Project CEQA Exemption 15183 a qualified archaeologist be retained on -call. Upon implementation of GPU PEIR MM CUL-7, impacts related to archaeological resources would be less than significant. As discussed above, the Project Site is located in an urbanized area and most of the site has been previously graded and developed. Therefore, the potential for uncovering human remains on the Project Site is low. Therefore, similar to the conclusion in the GPU PEIR, compliance with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 would ensure that Project impacts to human remains would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts to historical resources would be significant and unavoidable and impacts to archaeological resources and human remains would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.5.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR CUL-1 and Mitigation Measure CUL-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe cultural resource impacts than anticipated by the GPU PEIR. 4.5.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR CUL-1 California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. MM CUL-4" For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits required to conduct ground -disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed 17 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) was prepared to fulfill the requirements of GPU PER MM CUL-4. July I y Council 28 — 102 8/6/202 e 39 South Coast Technology Center Project CEQA Exemption 15183 for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. MM CUL-718 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary's Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. 4.6 Energy 4.6.1 GPU PEIR Findings The GPU PEIR determined that implementation of the General Plan Update would result in temporary demands for electricity, diesel fuel, and gasoline due to the development of projects under the General Plan Update. Due to the temporary nature of construction, energy uses from construction equipment, haul trucks, and construction employee vehicles would cease upon the completion of a project. The GPU PEIR also states that compliance with Section 2449 of 13 California Code of Regulations (CCR) Article 4.8, Chapter 9 would minimize nonessential idling of construction equipment, minimizing excessive energy consumption. Additionally, construction activities and development proposed due to the General Plan Update would be similar in nature to existing projects within the City. The GPU PEIR also determined that the operation of new developments due to the implementation of the General Plan Update would result in additional demands for electricity and natural gas compared to existing conditions. Nevertheless, future developments would be required to comply with the most recent Building Energy Efficiency Standards and CALGreen, which would reduce the overall energy demands. In addition to the Building Energy Efficiency Standards and CALGreen, the GPU PEIR also determined that compliance with goals and policies within the General Plan Update would increase energy efficiency and reduce wasteful use of energy resources. In addition, implementation of the General Plan Update would result in an overall decrease in VMT and fuel usage for gasoline - powered vehicles but would result in an increase of diesel -powered, natural gas -powered, and electric -powered vehicles. Overall, the GPU PEIR determined that the implementation of the General Plan Update would not result in excessive and inefficient energy use upon 18 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) did not identify any potentially significant archaeological resources, and determined that sensitivity for buried archaeological resources is low at the surface but increases to moderate in undisturbed deposits. July I y Council 28 — 103 8/6/202 e 40 South Coast Technology Center Project CEQA Exemption 15183 implementation of General Plan Update goals and policies and compliance with applicable regulations (i.e., Building Energy Efficiency Standards, CALGreen, and California's Renewable Portfolio Standards [RPS]). Moreover, the GPU PEIR determined that the implementation of the General Plan Update would comply with the California RPS program and the City's Climate Action Plan (CAP). Compliance with these regulatory documents ensure that the General Plan Update would not conflict or obstruct a state or local plan for renewable energy or energy efficiency. Thus, the GPU PEIR determined that impacts of energy use would be less than significant. 4.6.2 Project Analysis The following section evaluates potential impacts on energy that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment D, Energy Assessment. The analysis focuses on the two sources of energy that are relevant to the proposed Project: electricity and transportation fuel for vehicle trips associated with Project operations as well as the fuel necessary for Project construction. CONSUMPTION OF ENERGY Project construction would require temporary energy consumption primarily using fuel for construction equipment, construction worker vehicle trips to and from the Project Site, and the import and export of earth materials to and from the Project Site by heavy trucks. For operation, the proposed Project would require energy use in the form of electricity and fuel consumption; the proposed Project would not utilize natural gas. For the purposes of this analysis, the proposed Project's electricity consumption is compared against existing conditions and the net change is compared to the total consumption in Orange County (County) in 2022, the latest year consumption data is available. Based on the Trip Generation Assessment for the Proposed South Coast Technology Center Proiect (Trip Generation Assessment; Attachment l), the proposed Project would result in an operational trip generation that would be less than the existing conditions. However, the Project's estimated trip generation would result in a fleet mix that utilizes more 2-, 3-, and 4-axle trucks than the existing conditions. These trucks use diesel with a lower miles per gallon efficiency rate and longer trip lengths, resulting in higher diesel fuel consumption. Table 4.6-1, Net Change in Energy Consumption, shows the net change of the Project's energy consumption compared to existing conditions. As shown in Table 4.6-1, due to the different fleet mix (more medium- and heavy-duty trucks) compared to existing conditions, the Project would result in higher fuel consumption. Table 4.6-1 Net Change in Energy Consumption Energy Type' gy yp Existing Energy Project Energy Project Net Consumption Consumption Change 2 Electricity 3,691 MWh 5,703 MWh 2,012 MWh Natural Gas3 45,123 therms 0 therms -45,123 therms Fuel Operational Fuel Consumption Gasoline 154,292 gallons 132,393 gallons -21,900 gallons Operational Fuel Consumption Diesel 11,624 gallons 392,103 gallons 380,479 gallons Notes: 1. Construction was not analyzed in this table as the existing conditions does not include construction energy consumption. 2. Numbers my be slightly off due to rounding. 3. The Project would not utilize natural gas, and as such, the net change is negative. Source: Refer to Appendix A of Attachment D, Energy Assessment, for CalEEMod outputs and assumptions used in this analysis. July I y Council 28 — 104 8/6/202 e 41 South Coast Technology Center Project CEQA Exemption 15183 Table 4.6-2, Proiect and Countywide Energy Consumption, compares the Project's net change in estimated energy consumption with the County's annual energy consumption. Table 4.6-2 Project and Countywide Energy Consumption Project Net Orange County Percentage Energy Type Change Energy Annual Energy Increase Consumption' Consumption2 Countywide Electricity Consum tion3 2,012 MWh 20,243,721 MWh 0.0099% Fuel Consumption Construction Off -Road Fuel Consumption Diesel 34,671 gallons 14,182,623 gallons 0.2445% Construction On -Road Fuel Consumption 91,239 gallons 1,142,034,463 gallons 0.0080% (Gasoline) Construction On -Road Fuel Consumption 14,159 gallons 135,727,658 gallons 0.0104% (Diesel) Operational Fuel Consumption (Gasoline) -21,900 gallons 1,088,796,204 gallons -0.0020% Gasoline Operational Fuel Consumption Diesel 380,479 gallons 136,337,459 gallons 0.2791% Notes: 1. Project electricity consumptions as modeled in California Emissions Estimator Model Version 2022.1 (CaIEEMod) computer model. Project fuel consumption calculated based on CaIEEMod results. Countywide operational fuel consumption, off -road construction equipment diesel fuel consumption, and on -road fuel consumption are from CARB EMFAC2021. 2. The Project's increase in electricity consumption is compared to the total consumption in Orange County in 2022, the latest year with data available. The Project increases in construction off -road and on -road fuel consumption are compared with the projected Orange County off -road fuel consumption and Orange County on -road fuel consumption in 2024, respectively. The Project's operational automotive fuel consumption is compared with the projected countywide on -road fuel consumption in 2026. 3. Orange County electricity consumption data source: California Energy Commission, Electricity Consumption by County, http://www.ecdms.energy.ca.gov/elecbycounty.aspx, accessed March 1, 2024. 4. Construction Off -Road Diesel Fuel Consumption is based on the County's Mining/Construction Sector's fuel consumption in 2024 from CARB EMFAC Off -Road. Source: Refer to Appendix A of Attachment D, Energy Assessment, for CaIEEMod outputs and assumptions used in this analysis. As shown in Table 4.6-2, the Project's net change of operational electricity usage would constitute an approximate 0.0099 percent increase over the County's typical annual electricity consumption. The Project would not involve natural gas consumption, and therefore would result in a net decrease of natural gas consumption. The Project would consume nominal electricity and natural gas would not be consumed during construction. The Project's off -road construction equipment would use diesel and would increase the County's mining/constructions sector's diesel fuel consumption by approximately 0.2445 percent. The Project's on -road gasoline and diesel consumption during construction (hauling trips, vendor trips, and worker trips) would increase the County's gasoline and diesel consumption by approximately 0.0080 percent and 0.0104 percent, respectively. Based on the Trip Generation Assessment, the Project operations would generate approximately 386 fewer average daily trips compared to the existing conditions. However, as discussed, the Project would generate more trips from medium- and heavy-duty trucks than existing conditions, which use diesel with a lower mile per gallon efficiency rate and longer trip lengths, resulting in higher diesel fuel consumption. The Project's net change operational diesel fuel consumption would increase the County's diesel consumption by 0.2791 percent, and the Project's net change in operational gasoline would reduce the County's gasoline consumption by 0.0020 percent. Therefore, Project operation would not substantially increase Orange County's annual fuel consumption. As such, the Project's construction and operational energy consumption would be nominal compared to the County's consumption. July I y Council 28 — 105 8/6/202 e 42 South Coast Technology Center Project CEQA Exemption 15183 Construction During construction, the Project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Construction of the Project would not consume natural gas. Fossil fuels for construction vehicles and other energy -consuming equipment would be used during demolition, grading, building construction, paving, and architectural coating. As shown in Table 4.6-2, the proposed Project's off -road fuel consumption (diesel) and on -road fuel consumption (diesel and gasoline) from construction would be approximately 34,671 gallons, 14,149 gallons, and 91,239 gallons, respectively. Consequently, the Project's off -road construction equipment diesel fuel consumption and on -road construction fuel consumption (diesel and gasoline) would increase Orange County's consumption by 0.2445 percent, 0.0104 percent, and 0.008 percent, respectively (when compared to the total consumption in 2022). During construction, the proposed Project would demolish the existing structures on -site and construct a temporary staging ground for equipment and resources. The temporary staging ground may include mobile office trailers and equipment (computers, lighting, electrical outlets, etc.) that may consume electricity. However, the electricity consumption during construction would be nominal and temporary. As such, Project construction would have a minimal effect on the local and regional energy supplies (fuel and electricity) and would not require additional capacity. Additionally, the proposed Project would comply with RR E-1, requiring that heavy-duty diesel equipment not in use for more than five minutes be turned off, as well as the latest U.S. Environmental Protection Agency (USEPA) and CARB engine emissions standards. These emissions standards require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. Thus, additional energy conservation would occur during construction. Moreover, due to increasing transportation costs and fuel prices, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction. Substantial reductions in energy inputs for construction materials can be achieved by selecting green building materials composed of recycled materials that require less energy to produce than non -recycled materials. The project -related incremental increase in the use of energy bound in construction materials such as asphalt, steel, concrete, pipes and manufactured or processed materials (e.g., lumber and gas) would not substantially increase demand for energy compared to overall local and regional demand for construction materials. Further, it is noted that construction fuel use is temporary and would cease upon completion of construction activities. There are no unusual Project characteristics that would necessitate the use of construction equipment, or building materials, or methods that would be less energy efficient than at comparable construction sites in the region or State. Therefore, fuel energy and construction materials consumed during construction would not represent a significant demand on energy resources. Overall, consistent with the GPU PER, construction of the proposed Project would result in a less than significant impact related to wasteful, inefficient, and unnecessary consumption of energy. July i y Council 28 — 106 8/6/202 e 43 South Coast Technology Center Project CEQA Exemption 15183 Operation Transportation Energy Demand According to the Trip Generation Assessment, the proposed Project would generate approximately 1,544 total gross daily trips, and would result in approximately 386 fewer average daily trips compared to the existing conditions. However, as discussed above, the Project would result in a fleet mix that would include more medium- and heavy-duty trucks that use diesel with a lower mile per gallon efficiency rate and longer trip lengths, which would result in higher diesel fuel consumption. As indicated in Table 4.6-2, the Project would increase operational diesel fuel consumption by 380,479 gallons, but would result in a net reduction in gasoline consumption of approximately 21,900 gallons compared to existing conditions. The Project's net change in operational diesel fuel consumption would increase the County's diesel consumption by 0.2791 percent. The Project's net change in operational gasoline consumption would reduce the County's gasoline consumption by 0.0020 percent. The Project would not substantially increase the County's existing diesel and gasoline consumption. Furthermore, the Project does not propose any unusual features that would result in excessive long-term operational fuel consumption. The key drivers of transportation -related fuel consumption for the proposed Project would be heavy-duty trucks traveling to and from the Project Site and passenger vehicle and light- and medium -duty trucks trips. At the time of this analysis, it has not been determined if the ultimate tenants for the proposed buildings would operate their own fleet; most warehouse operators have no control over the trucks entering and exiting their facilities. Consequently, it is infeasible to require trucks with particular emission profiles (e.g., zero -emission [ZE], near -zero -emission [NZE], or 2010 or beyond model year trucks) for Project operations. However, the Project would be required to comply with SCAQMD Rule 2305 for warehouse uses. The Project would also consume fuel in the form of employees driving to and from the Project Site. Employee commuting factors are outside of the scope of the design of the proposed Project. Notwithstanding, the Project would include approximately 39 electric vehicle (EV) parking spaces with electrical charging stations installed; the Project would also include 27 short- and long-term bicycle parking spaces, all of which would be in compliance with the CALGreen Code. This requirement would encourage and support alternative modes of travel and thus reduce the petroleum fuel consumption. Therefore, fuel consumption associated with vehicle trips generated by the Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Overall, fuel consumption associated with vehicle trips generated by the proposed Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Consistent with the GPU PEIR, impacts would be less than significant. Building Energy Demand The proposed buildings would be fully powered by electricity and no natural gas would be consumed. As shown in Table 4.6-2, operational energy (electricity) consumption from the proposed Project would represent an approximately 0.0099 percent increase over the 2022 countywide electricity consumption, which would be significantly below California Energy Commission's energy consumption forecast. Therefore, the proposed Project would not require additional energy capacity or supplies beyond what was analyzed for the GPU PEIR. Additionally, the proposed Project would consume energy during the same time periods as other commercial and light industrial developments and would consume energy evenly throughout the day. Thus, July i y Council 28 — 107 8/6/202 e 44 South Coast Technology Center Project CEQA Exemption 15183 the proposed Project would not result in unique or more intensive peak or base period electricity demand. The proposed Project would comply with RR E-3, requiring new buildings to achieve the current California Building Energy and Efficiency Standards and comply with the CALGreen Code. Moreover, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent. Title 24 Building Energy Efficiency Standards are updated every 3-year and become more stringent between each update, as such, complying with the most current Title 24 standards would make the proposed Project more energy efficient than the existing buildings built under the earlier versions of the Title 24 standards. Additionally, the proposed Project would comply with RR E-4 and install high efficiency appliances. The electricity provider for the City, Southern California Edison, is subject to California's RPS reflected in Senate Bill (SB) 100. The RPS requires investor -owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 44 percent by the end of 2024, 52 percent by the end of 2027, 60 percent of total procurement by 2030, and 100 percent of total procurement by 2045. Renewable energy is generally defined as energy that comes from resources which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat. The increase in reliance of such energy resources further ensures that new development projects will not result in the waste of the finite energy resources. Therefore, by using electricity from SCE, the Project would be in compliance with RR E-5. As a result, the Project would ensure that energy consumption would be kept to a minimum through high efficiency lighting, energy efficient appliances, and potential on -site renewable energy production (i.e., solar -ready roofs). Therefore, consistent with the GPU PEIR, the Project would not cause wasteful, inefficient, and unnecessary consumption of building energy during Project operation, or preempt future energy development or conservation. A less than significant impact would occur in this regard. Impact Summary Based on the above, the Project's impact related to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation would be less than significant. Project construction and operation would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to energy consumption would be less than significant. Therefore, no new project -specific mitigation measures are required. CONSISTENCY WITH APPLICABLE ENERGY PLANS State and regional plans for renewable energy and energy efficiency include the California Energy Commission's Integrated Energy Policy Report (IEPR), Title 24 standards and CALGreen Code, California's RPS, and the City's CAP. As discussed above, the net change in operational electricity consumption from the proposed Project would represent an approximately 0.0099 percent increase in electricity consumption over the current countywide usage, which would be significantly below California Energy Commission's forecasts in the 2023 IEPR (i.e., forecasted baseline electricity consumption grows at a rate of about 1.7 percent annually through 2040); refer to Table 4.6-2. Therefore, the Project would be consistent with the California Energy Commission's 2023 IEPR. Further, the proposed Project would exceed the most current Title 24 (2022 Title 24) by approximately 10 percent. The Project would also comply with the CALGreen Code which requires that new buildings employ water efficiency and conservation, increase building system efficiencies (e.g., lighting, HVAC, and plumbing fixtures), divert construction July i y Council 28 — 108 8/6/202 e 45 South Coast Technology Center Project CEQA Exemption 15183 waste from landfills, and incorporate electric vehicles charging infrastructure. Specifically, the Project would install energy efficient appliances and high efficiency appliances. Implementation of the most current Title 24 standards would substantially reduce energy usage. Additionally, per the RPS, the Project would utilize electricity that would achieve 60 percent of total procurement by 2030, and 100 percent renewable energy by 2045. As such, the Project would comply with state energy plans including the 2023 IEPR, the most current Title 24, as well as the CALGreen Code, and California's RPS. In addition, the Project's proposed industrial use is consistent with the Project Site's Industrial land use designation in the City's General Plan. Therefore, the proposed Project would be consistent with the City's General Plan Update, including the goals and policies related to energy and energy efficiency. As discussed above, the GPU PEIR determined that the City's General Plan Update is consistent with California's RPS and the City's CAP for reducing energy usage and implementing energy efficiency, and impacts would be less than significant. Moreover, the Project would be required to comply with RR E-1 through RR E-1 identified in the GPU PEIR. Therefore, since the proposed Project is consistent with the General Plan Update, the Project would also be consistent with California's RPS and the City's CAP. Therefore, consistent with the GPU PEIR, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency and impacts would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to the conflict or obstruction of a state or local plan for renewable energy or energy efficiency would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.6.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR E-1 through RR E-5 and RR E-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEI R did not analyze, and there are no new significant or substantially more severe energy impacts than anticipated by the GPU PEIR. 4.6.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR E-1 Construction activities will be conducted in compliance with California Code of Regulations Section 2485, which requires that nonessential idling of construction equipment be restricted to five minutes or less. RR E-2 At least 65 percent of all nonhazardous construction and demolition waste from nonresidential construction associated with future development in the plan area shall be recycled and/or salvaged for reuse in line with the 2016 California Green Building Standards Code Section 5.408 (California Code of Regulations, Title 24, Part 11). RR E-3 New buildings implemented as part of the General Plan Update are required to achieve the current California Building Energy and Efficiency Standards (California Code of Regulations, Title 24, Part 6) and California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). RR E-4 Any appliances associated with development in the Plan Area shall meet the requirements of the 2012 Appliance Efficiency Regulations. July i y Council 28 — 109 8/6/202 e 46 South Coast Technology Center Project CEQA Exemption 15183 RR E-5 Development under the General Plan Update shall support the goals of the renewables portfolio standard, SB 350, and SB 100 to achieve a tiered increase in the use of renewable energy to 60 percent by 2030, and 100 percent by 2045. RR E-7 Development under the General Plan Update shall be in compliance with state and local solid waste regulations including AB 939, AB 341, AB 1327, AB 1826, and Section 5.408 of 2016 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). 4.7 Geology and Soils 4.7.1 GPU PEIR Findings The GPU PEIR concluded that future development under the General Plan Update would be subject to potential seismic -related hazards including strong seismic ground shaking, seismic - related ground failure (including liquefaction), and landslides. Further, development associated with the General Plan Update could result in unstable geologic unit or soil conditions, including soil erosion, expansive soils, settlement and collapse, and subsidence. However, implementation of RR G-1, through RR G-3 would reduce impacts to less than significant levels. Specifically, RR G-1 and RR G-2 require development to comply with the most recent version of the California Building Code and SAMC Chapter 8, Buildings and Structures, and RR G-3 requires all buildings or structures within the City that require plumbing fixtures to be connected to a public sewer per SAMC Section 39-51, Mandatory Connections. The GPU PEIR also concluded that development under the General Plan Update could impact known and unknown paleontological resources through grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past. Therefore, GPU PEIR MM GEO-1 through MM GEO-3 require monitoring based on the sensitivity level of sites for paleontological resources. Overall, the GPU PEIR concluded that implementation of regulatory requirements and MM GEO- 1 through MM GEO-3 would reduce geology and soil impacts to less than significant levels. 4.7.2 Project Analysis The following section evaluates potential impacts to geology and soils that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment E-1, Geotechnical Design Report, Attachment E-2, Geotechnical Review of Shallow Groundwater and Potential Dewatering during Grading and Construction (Groundwater Memorandum), and Attachment C, Cultural and Paleontological Resources Identification Memorandum (Cultural Memorandum). The Project Site is located in a seismically active area, as is most of southern California. However, the Project Site is not located within a state -designated Alquist-Priolo Fault Hazard Zone. No active faults are known to cross the Project Site. The nearest fault to the Project Site is the San Joaquin Hills Blind Thrust Fault, located approximately 2.6 miles south of the site. The potential for ground rupture due to an earthquake is considered very low. However, the site is located in a seismic hazard zone for liquefaction potential. According to the Groundwater Memorandum, although the design high groundwater in the area is 5 feet deep based on historic levels in the area, the existing shallow groundwater at the Project Site is currently 10 to 15 feet deep based on borings, trenches and other data. Thus, groundwater is not expected to be encountered during excavation activities for the proposed buildings. Wet soil and some groundwater are generally anticipated only for the sewer connection excavation in the street. Based on the subsurface investigation performed as part of the Geotechnical Design Report, types of soils that underlie the site (clayey, silty, sandy alluvium) and the depth of groundwater, the risk for liquefaction at the July i y Council 28 —110 8/6/202 e 47 South Coast Technology Center Project CEQA Exemption 15183 Project Site was deemed low to moderate and the risk for lateral spread was determined to be low. Additionally, based on the laboratory test results and a visual classification of the on -site soils, the expansion potential of the soils vary from very low to medium; however, clayey soils onsite may have a high expansion potential. Consistent with the GPU PER, implementation of RR G-1 and RR G-2 would reduce impacts related to liquefaction, soil expansion, collapse, and subsidence to less than significant levels. Moreover, the proposed Project would be constructed based on the recommendations of the Geotechnical Design Report. Based on the above analysis, and consistent with the GPU PER, with compliance with existing regulations, the Project's impacts related to rupture of a known earthquake fault, strong seismic ground shaking, seismic - related ground failure (including liquefaction), landslides, lateral spreading, subsidence, and collapse would be less than significant. As such, no new project -specific mitigation measures are required. Construction of the proposed Project would involve ground -disturbing activities that could result in erosion. As further discussed in Section 4.10, Hydrology and Water Quality, the proposed Project would comply with regulatory requirements, such as the Construction General Permit and implementation of a Water Quality Management Plan, during construction and operation, which would reduce the potential for erosion to occur. Consistent with the General Plan, compliance with existing regulations including implementation of regulatory requirements would ensure the proposed Project would not result in a significant impact related to erosion. No new or substantially more severe impacts would occur compared to the determinations of the GPU PER, and no new project -specific mitigation measures are required. In compliance with RR G-3, construction and operation of the proposed Project would not involve the use of septic tanks or alternative wastewater disposal systems. As such, compliance with existing regulatory requirements would ensure no impact related to the use of such systems would occur. With regards to paleontological resources, in compliance GPU PER MM GEO-2, consultation with a paleontologist confirmed that project -related grading could occur at depths that could encounter highly sensitive sediments for paleontological resources. Based on the Cultural Memorandum, geologic units underlying the Project area have been mapped as Holocene alluvial deposits (Qal), late Holocene to late Pleistocene -age young Quaternary deposits (Qya), Holocene to late Pleistocene -age young axial -channel deposits (Qyas), and Holocene to late Pleistocene - age young alluvial deposits (Qya). Deposits from the Holocene epoch (less than 11,700 years ago) can contain remains of animals and plants; however, only those from the middle to early Holocene (older than about 5,000 radiocarbon years) are considered scientifically important or significant. Holocene -age deposits may overlie older alluvium of Pleistocene age at unknown but potentially shallow depths. Pleistocene -age alluvial deposits are also potentially present in the Project area and have yielded scientifically important fossils elsewhere in the region, including horses, camels, reptiles, birds, marine mammals, and fish at various depths below current ground surface. Moreover, based on a records search of the Natural History Museum of Los Angeles County and a supplemental investigation of online sources, 13 fossil localities were identified within five miles of the Project Site. Thus, while the Holocene -age deposits in the Project area have low sensitivity, Pleistocene -age alluvial sediments may underlie these younger sediments at a relatively shallow depth. The records search results indicate that potentially fossil -baring units may underlie the Project area, since Pleistocene -age deposits outside of the Project area have contained fossils. Therefore, sediments in the Project area are considered to have paleontological sensitivity increasing with depth, or low -to -high sensitivity, suggesting that project -related ground - disturbing activities have the potential to destroy or otherwise adversely impact significant paleontological resources below young Holocene -age soils at unknown depths within the Project July i y Council 28 —111 8/6/202 e 48 South Coast Technology Center Project CEQA Exemption 15183 area. Therefore, in compliance GPU PEIR MM GEO-2, the proposed Project would conduct spot- check monitoring during construction to identify potential fossils and the Iithological transition to Pleistocene sediments. If Pleistocene -aged sediments are discovered at depth, monitoring shall transition to full-time as ground -disturbing activities occur at or below this identified depth because these Pleistocene units have been identified as high sensitivity for paleontological resources. Additionally, the proposed Project would comply with GPU PEIR MM GEO-3, which requires work be halted within a 50-foot radius in case of a fossil discovery. Consistent with the GPU PEIR, less than significant impacts related to paleontological resources would occur after the implementation of GPU PEIR mitigation measures. 4.7.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR G-1 and RR G-2, MM GEO-2, and MM GEO-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project - specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to geology and soils than anticipated by the GPU PEIR. 4.7.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR G-1 Every public agency enforcing building regulations must adopt the provisions of the California Building Code (CBC), which is Title 24, Part 2 of the California Code of Regulations. The most recent version is the 2019 CBC (effective January 1, 2020). The CBC is updated every three years and provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC also contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on -site, and the strength of ground shaking with specified probability of occurring at a site. RR G-2 Santa Ana Municipal Code, Chapter 8, Buildings and Structures. These codes address grading standards, excavation, and fills. This also includes compliance with regulations for unreinforced masonry structures in accordance with "Unreinforced Masonry Law," found in California Government Code §§ 8875 et seq. The City of Santa Ana Building Official may place additional requirements upon the construction of infrastructure, buildings, and other improvements based on the findings from plan check, soils testing, and geotechnical investigations. RR G-3 Santa Ana Municipal Code Section 39-51 requires that all buildings or structures within the city that require plumbing fixtures must be connected to a public sewer. MM GEO-219 Low -to -High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with "low -to -high" paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, 19 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) was prepared in part to fulfill the requirements of GPU PEIR MM GEO-2. July I y Council 28 —112 8/6/202 e 49 South Coast Technology Center Project CEQA Exemption 15183 construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. MM GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. 4.8 Greenhouse Gas Emissions 4.8.1 GPU PEIR Findings According to the analysis the GPU PEIR, if project greenhouse gas (GHG) emissions are below the annual 3,000 metric tons of carbon dioxide equivalents (MTCO2e) bright -line screening threshold, GHG emissions impacts would be considered less than significant. The GPU PEIR determined that buildout of the General Plan Update would result in a net decrease of 255,878 MTCOze of GHG emissions (12 percent decrease in GHG emissions) from existing conditions and would not exceed the annual 3,000-MTCO2e SCAQMD bright -line screening threshold. In addition, the GPU PEIR determined that buildout of the General Plan Update would decrease GHG emissions per service population from 4.8 MTCOze per capita for the existing baseline year to 3.5 MTCOze per capita in horizon year 2045, despite an increase in population and employment in the City; this reduction in GHG emissions is attributed to regulations adopted to reduce GHG emissions and turnover of California's on -road vehicle fleets. However, the GPU PEIR also analyzed the potential for conflict with the GHG reduction goals established under Executive Order S-03-05, which required a statewide GHG emissions reduction from existing conditions to achieve a 40-percent reduction by 2030 and an 80-percent reduction by 2050. For the buildout year of the General Plan Update of 2045, the goal would be a 70-percent reduction compared to 2020 levels. Accordingly, the GPU PEIR determined that, even though implementation of the General Plan Update would result in a decrease in GHG emissions in 2045 from existing baseline year, the reduction would only be 12 percent and would not meet the long-term GHG reduction goal of 70 percent under Executive Order S-03-05. The GPU PEIR included a mitigation measure to require the City to update the CAP every 5 years to ensure that the City is tracking and monitoring its GHG emissions to chart a trajectory to achieve the long-term year 2050 GHG reduction goal set by Executive Order S-03-05. Nonetheless, because the City has not established a plan past 2030 that identifies major advancement in technology to allow the City to meet the goal of the executive order, the GPU PEIR concluded that impacts would be significant and unavoidable. The GPU PEIR also acknowledged that the mitigation measure (GPU PEIR MM GHG-1) is not a project -specific mitigation measure or directly related to development projects. Related to consistency with applicable GHG plans, the GPU PEIR acknowledged that the General Plan includes goals and policies that were adopted for the purpose of reducing GHG emissions, including those that (1) would help reduce GHG emissions and achieve GHG reduction goals, (2) target transportation management and land use planning that would result in VMT reduction throughout the City, and (3) support sustainable practices that would encourage the use of renewable energy sources and reduction in energy consumption. Accordingly, the GPU PEIR concluded that the General Plan Update would not obstruct implementation of the CARB Scoping July i y Council 28 —113 8/6/202 e 50 South Coast Technology Center Project CEQA Exemption 15183 Plan, SCAG 2020-2045 RTP/SCS, the City's CAP, and, as such, impacts related to consistency with plans, policies, and regulations adopted for the purpose of reducing GHG emissions would be less than significant. 4.8.2 Project Analysis The following section evaluates the potential GHG impacts that would result from implementation of the proposed Project. This analysis is primarily based upon Attachment F, Greenhouse Gas Emissions Assessment. SIGNIFICANCE CRITERIA AND METHODOLOGY The significance determination for Impact 5.7-1 of the GPU PEIR focused on whether programmatic buildout of the General Plan Update would meet the long-term GHG reduction goal under Executive Order S-03-05, which does not fully align with the project -specific analysis presented below. However, as mentioned in the GPU PEIR, if specific project developments would result in emissions below the 3,000 MTCOze bright -line threshold, impacts would be considered less than significant. CEQA Guidelines Section 15064.4 recommends that lead agencies quantify GHG emissions of projects and consider several other factors that may be used in the determination of significance of GHG emissions from a project, including the extent to which the project may increase or reduce GHG emissions, whether a project's emissions exceeds an applicable significance threshold, and the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. However, CEQA Guidelines Section 15064.4 does not establish a threshold of significance. CEQA Guidelines Section 15064.7 provides lead agencies the discretion to establish significance thresholds for their respective jurisdictions, and in establishing those thresholds, a lead agency may appropriately look to thresholds developed by other public agencies or suggested by other experts, if any threshold chosen is supported by substantial evidence. The City has adopted a CAP; however, the CAP does not contain a numerical significance threshold for assessing impacts related to GHG emissions. Similarly, the SCAQMD, the Governor's Office of Planning and Research, CARB, California Air Pollution Control Officers Association (CAPCOA), or any other state or applicable regional agency has yet to adopt a numerical significance threshold for assessing GHG emissions that is applicable to the Project. The SCAQMD formed a GHG CEQA Significance Threshold Working Group (Working Group) to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents and was proposing to adopt a tiered approach for evaluating GHG emissions for development projects where SCAQMD is the lead agency as of the last Working Group meeting (Meeting No.15) held in September 2010; the Working Group identified a "bright -line" screening -level threshold of 3,000 MTCOze annually for new development projects in the residential/commercial sectors and a threshold of 10,000 MTCOze annually for industrial projects, which includes construction emissions amortized over 30 years and added to operational GHG emissions. However, the proposed thresholds were based on the State's GHG emissions reduction goal identified in Assembly Bill (AB) 32 for the year 2020, which is outdated, and SCAQMD never formally adopted the 3,000 MTCOze threshold for new residential and commercial projects. The 10,000 MTCOze threshold was adopted for industrial projects where SCAQMD is the lead agency. Impacts of climate change are experienced on a global scale regardless of the location of GHG emission sources, and therefore, a numerical significance threshold for individual development projects is speculative. Throughout the State, air districts are moving from numerical significance July i y Council 28 —114 8/6/202 e 51 South Coast Technology Center Project CEQA Exemption 15183 thresholds to qualitative significance thresholds that focus on project features to reduce GHG emissions or consistency with GHG reduction plans. For example, in the Bay Area Air Quality Management District (BAAQMD) 2022 CEQA Guidelines, the GHG thresholds of significance are either whether land use projects include certain project design elements related to buildings and transportation or whether the project is consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). This is a major update to BAAQMD's 2017 CEQA Guidelines, where a numerical significance threshold was required. To reduce GHG emissions impact, it is more effective for development projects to include project features that directly or indirectly reduce GHG emissions, than relying on a numerical significance threshold, which is highly dependent on the type and size of the development. Therefore, the significance of the Project's potential impacts regarding GHG emissions and climate change is assessed solely on its consistency with plans and policies adopted for the purposes of reducing GHG emissions and mitigating the effects of climate change and the Project's ability to incorporate sustainable features and strategies from such plans and policies in its design to reduce GHG emissions. The analysis has also quantified the Project's GHG emissions and compared them to the SCAQMD bright -line screening thresholds for informational purposes. It should be noted that individual projects do not generate sufficient GHG emissions to directly influence climate change. However, physical changes caused by a project can contribute incrementally to significant cumulative effects, even if individual changes resulting from a project are limited. As a result, the issue of climate change typically involves an analysis of whether a project's contribution towards an impact would be cumulatively considerable. According to CEQA Guidelines Section 15064(h)(1), "cumulatively considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects. Per CEQA Guidelines Section 15064(h)(3), a project's incremental contribution to a cumulative impact can be found not cumulatively considerable if the project would comply with an approved plan or mitigation program that provides specific requirements that would avoid or substantially lessen the cumulative problem in the geographic area of the project. To qualify, such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency. Examples of such programs include a water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plans, and plans or regulations for the reduction of GHG emissions. Therefore, a lead agency can make a finding of less than significant for GHG emissions if a project complies with adopted programs, plans, policies, and/or other regulatory strategies to reduce GHG emissions. PROJECT -RELATED GHG EMISSIONS As discussed above, the Project's GHG emissions are quantified for informational purposes only as neither the City, nor any other public agency, has an applicable numeric significance threshold for GHG emissions. CalEEMod was used to model the GHG emissions from existing buildings and to calculate project -related GHG emissions, including direct and indirect GHG emissions. Table 4.8-1, Existing Greenhouse Gas Emissions, presents the current GHG emission from the existing buildings. July i y Council 28 —115 8/6/202 e 52 South Coast Technology Center Project CEQA Exemption 15183 Table 4.8-1 Existing Greenhouse Gas Emissions Source COz CHa I N20 I Refrigerants I CO2e Metric Tons/Year' Direct Emissions Mobile Source 1,401.00 0.07 0.06 2.54 1,423.00 Area Source 6.76 < 0.005 < 0.005 0.00 6.79 Refrigerants 0.00 0.00 0.00 0.07 0.07 Total Direct Emissions 1,407.76 0.07 0.06 2.61 1,429.86 Indirect Emissions Energy 1,130.00 0.08 0.01 0.00 1,134.00 Water 63.30 1.03 0.02 0.00 96.60 Solid Waste 14.80 1.48 0.00 0.00 51.70 Total Indirect Emissions 1,208.10 2.59 0.03 0.00 1,282.30 Total Existing Emissions 2,712.16 MTCO2e Notes: 1. Emissions calculated using Cal EEMod Version 2022.1; totals maybe slightly off due to rounding. Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis The proposed Project would result in GHG emissions during both construction and operation. Construction of the proposed Project is anticipated to take approximately 16 months to complete. The construction activities would include demolition, grading, building construction, paving, and architectural coating. Table 4.8-2, Project's Greenhouse Gas Emissions, presents the estimated GHG emissions associated with the proposed Project.20 Table 4.8-2 Project's Greenhouse Gas Emissions Source COz CHa I N20 I Refrigerants I CO2e Metric Tons/ ear' Direct Emissions Construction amortized over 30 years)2 32.83 <0.01 <0.01 0.02 33.43 Mobile Source3 5,022.00 0.27 0.63 6.29 5,223.00 Area Source 6.59 <0.01 <0.01 0.00 6.62 Refrigerants 0.00 0.00 0.00 14.00 14.00 Total Direct Emissions 5,060.46 0.27 0.63 20.31 5,277.05 Indirect Emissions Energy 1,376.00 0.09 0.01 0.00 1,381.00 Water 134.00 2.21 0.05 0.00 205.00 Solid Waste 8.99 0.90 0.00 0.00 31.50 Total Indirect Emissions 1,518.99 3.20 0.06 0.00 1,617.50 Total Project -Related Emissions 6,894.55 MTCO2e Notes: 1. Emissions calculated using Cal EEMod Version 2022.1; totals maybe slightly off due to rounding. 2. Total Project construction GHG emissions equate to 1,003 MTCO2e. Value shown is amortized over the lifetime of the proposed Project (assumed to be 30 years). 3. Based on the Trip Generation Assessment prepared by Linscott, Law & Greenspan Engineers (dated January 2, 2024), the Project would result in a net decrease of 386 gross daily trips compared to existing conditions; refer to Attachment K. Nonetheless, zero additional trips are inputted for a conservative analysis. Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis 20 Modeling was performed for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the modeling, the total building square footage has been reduced to 313,244 square feet. Therefore, the Project's GHG emissions inventory is conservative. July I y Council 28 -116 8/6/202 e 53 South Coast Technology Center Project CEQA Exemption 15183 The Project's GHG emissions are compared to the current GHG emissions from the existing buildings. Table 4.8-3, Net Change In Greenhouse Gas Emissions, presents the estimated net change in GHG emissions from the proposed Project compared to the existing conditions. Table 4.8-3 Net Change in Greenhouse Gas Emissions Source Metric Tons/Year Total Existing Emissions' 2,712.16 MTCO2e Total Project -Related Emissions2 6,894.55 MTCO2e Net Change in Emissions3 4,182.39 MTCO2e per year Notes: 1. Based on numbers presented in Table 4.8-1, Existing Greenhouse Gas Emissions. 2. Based on numbers presented in Table 4.8-2, Proiect's Greenhouse Gas Emissions. 3. To determine the net emissions resulting from the proposed Project, emissions from the existing conditions was deducted from emissions from the proposed Project (which includes construction emissions as shown in Table 4.8-2). Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis Direct Project -Related Sources of Greenhouse Gases Construction Emissions. The proposed Project would result in a total of 1,003 MTCO2e of emissions during construction. The analysis considers the net change in GHG emissions (proposed Project minus existing conditions). However, the existing conditions does not include any construction activities. Construction GHG emissions are amortized over 30 years (i.e., total construction emissions divided by the lifetime of the Project, assumed to be 30 years), then added to the operational emissions, as recommended by SCAQMD.21 The amortization takes into consideration the temporary nature of construction activities. As shown in Table 4.8-2, construction of the proposed Project would generate approximately 33.43 MTCO2e of emissions per year when amortized over 30 years. Mobile Source. Based on the Attachment K, Trip Generation Assessment, the Project would result in a net decrease of 386 gross daily trips compared to existing conditions. The existing buildings currently generate approximately 1,423 MTCO2e of mobile source emissions per year while the proposed Project would generate approximately 5,223 MTCO2e of mobile source emissions per year; refer to Table 4.8-1 and Table 4.8-2. Additionally, as a conservative analysis, daily trips on weekends were assumed to be zero under the existing conditions, as the existing uses on -site are commercial offices and are assumed not to operate on weekends. As such, the net increase in GHG emissions from mobile emissions would be approximately 3,800 MTCO2e of emissions per year. Area Source. Area source emissions would be generated due to an increased demand for consumer products, architectural coating, and landscaping associated with the development of the proposed Project. The existing buildings currently generate approximately 6.79 MTCO2e of area source emissions per year while the proposed Project would generate approximately 6.62 MTCO2e of area source emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net change in GHG emissions from area sources would result in a net decrease of 0.17 MTCO2e of emissions per year (i.e., the proposed Project would result in less area source emissions than the existing conditions). 21 The Project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Draft Guidance Document— Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008). July I y Council 28 —117 8/6/202 e 54 South Coast Technology Center Project CEQA Exemption 15183 Refrigerants. Refrigerants are substances used in equipment for air conditioning and refrigeration. Most of the refrigerants used today are hydrofluorocarbons or blends thereof, which can have high global warming potential values. All equipment that uses refrigerants has a charge size (i.e., quantity of refrigerant the equipment contains), and an operational refrigerant leak rate, and each refrigerant has a global warming potential that is specific to that refrigerant. CalEEMod quantifies refrigerant emissions from leaks during regular operation and routine servicing over the equipment lifetime, and then derives average annual emissions from the lifetime estimate. The use of refrigerants in the existing buildings currently generates approximately 0.07 MTCO2e of emissions per year while the proposed Project would generate approximately 14.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from refrigerants would be approximately 13.93 MTCO2e of emissions per year. Indirect Project -Related Sources of Greenhouse Gases Energy Consumption. The proposed Project would construct and operate three new Class A industrial buildings for office, manufacturing, and/or warehouse use. According to the Project applicant, the proposed buildings would not consume natural gas during operation. Additionally, according to the Project applicant, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent; however, as a conservative analysis, this project design feature was not incorporated in the modeling. The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Additionally, the Project would also include solar -ready roofs for all buildings. The energy consumption of the existing buildings currently generates approximately 1,134.00 MTCO2e of emissions per year while the energy consumption of the proposed Project would generate approximately 1,381.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from energy consumption would be approximately 247.00 MTCO2e of emissions ep r year. Water Demand. According to CalEEMod, the existing buildings consume approximately 31,641,228 gallons of indoor water per year, and 1,040,873 gallons of outdoor water per year (i.e., for landscaping). The Project would consume approximately 67,762,532 gallons of indoor water per year, and 593,833 gallons of outdoor water per year (i.e., for landscaping). The Project would install water -efficient irrigation systems and drought -tolerant landscaping, as accounted for in CalEEMod. The existing water demand currently generates approximately 96.60 MTCO2e of emissions per year while the water demand for the proposed Project would generate approximately 205.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from water demand would be approximately 108.40 MTCO2e of emissions per year. Solid Waste. The existing buildings currently generate approximately 51.70 MTCO2e of emissions per year from solid waste while the proposed Project would generate approximately 31.50 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net change in GHG emissions from solid waste would result in a net decrease of 20.20 MTCO2e of emissions per year (i.e., the proposed project would result in less emissions from solid waste than the existing conditions). July i y Council 28 —118 8/6/202 e 55 South Coast Technology Center Project CEQA Exemption 15183 Total Net Change in Greenhouse Gases As shown in Table 4.8-3, the total net change in GHG emissions for the proposed Project and existing conditions from direct and indirect sources combined would be approximately 4,182.39 MTCO2e per year. This net change in GHG emissions would exceed the SCAQMD 3,000 MTCO2e per year screening threshold previously postulated, but not adopted, for residential or commercial development and would not exceed the SCAQMD 10,000 MTCO2e per year threshold for stationary sources and industrial developments. However, the 3,000 MTCO2e threshold was never formally adopted by SCAQMD and is not applicable to the Project since it is not a new development in the residential or commercial sector. Further, although adopted by SCAQMD, the 10,000 MTCO2e threshold is also not directly applicable to the Project since SCAQMD is not the lead agency. As such, these thresholds are discussed in this analysis for informational purposes. Moreover, the significance of the Project's potential impacts regarding GHG emissions and climate change is not determined by the SCAQMD bright -line screening thresholds, but by the Project's consistency with applicable plans, which is discussed in more detail below. CONSISTENCY WITH APPLICABLE PLANS Since the certification of the GPU Final PER, CARB has adopted the 2022 Scoping Plan. As discussed above, although SCAG has approved the Connect SoCal 2024, CARB has not certified it and the GPU PEIR analyzed consistency with SCAG's 2020-2045 RTP/SCS. Furthermore, the GPU PER analyzed consistency with the 2020-2045 RTP/SCS. As such, to be consistent with the GPU PER, this assessment analyzes the Project's consistency with the 2020-2045 RTP/SCS. Accordingly, the proposed Project is evaluated for consistency with the CARB 2022 Scoping Plan, SCAG's 2020-2045 RTP/SCS, and the City's GPU and CAP, as presented below. Consistency with the 2022 Scoping Plan The 2022 Scoping Plan identifies reduction measures necessary to achieve the goal of carbon neutrality by 2045 or earlier. Actions that reduce GHG emissions are identified for each AB 32 inventory sector. Provided in Table 4.8-4, Consistency with the 2022 Scoping Plan: AB 32 Inventory Sectors, is an evaluation of applicable reduction actions/strategies by emissions source category to determine how the Project would be consistent with or exceed reduction actions/strategies outlined in the 2022 Scoping Plan.22 As shown therein, the proposed Project would be consistent with the applicable GHG emission reduction strategies contained in the 2022 Scoping Plan. 22 Not all actions contained in the 2022 Scoping Plan are included in the analysis as they are not applicable to the Project. The Project is not an aviation, port, rail, oil and gas, petroleum refining, energy generating, food producing, industrial, agricultural, or retrofit project. July I y Council 28 —119 8/6/202 e 56 South Coast Technology Center Project CEQA Exemption 15183 Table 4.8-4 Consistency with the 2022 Scoping Plan: AB 32 Inventory Sectors Actions and Strategies Project Consistency Analysis Smart Growth / Vehicles Miles Traveled VMT Reduce VMT per capita to 25% below Consistent. Based on the Trip Generation Assessment provided as 2019 levels by 2030, and 30% below Attachment K, the proposed Project would result in less operational trips 2019 levels by 2045 than those from existing land uses. In particular, the proposed Project would result in 1,212 passenger vehicle trips (employee commuting) compared to the existing 1,930 average daily trips. The proposed Project would also include 27 short-term and 27 long-term bike parking spaces as well as electric vehicle (EV) charging stations in accordance with Title 24 standards. Additionally, the Project would include vanpool/carpool parking spaces in accordance with a CALGreen voluntary measure (Appendix A5, Nonresidential Voluntary Measures). As such, the proposed Project would encourage alternative modes of transportation and would include land uses that would reduce total VMT. Thus, the Project would be consistent with the action. New Residential and Commercial Buildings All electric appliances beginning 2026 Consistent. The Project would be all electric and would not consume (residential) and 2029 (commercial), natural gas. Furthermore, the Project would exceed Title 24 standards by contributing to 6 million heat pumps 10 percent which would reduce energy consumption. As such, the installed statewide by 2030 proposed Project would be consistent with this action. Construction Equipment Achieve 25% of energy demand Not Applicable. The City of Santa Ana has not adopted an ordinance or electrified by 2030 and 75% electrified program requiring electricity -powered construction equipment. However, if by 2045 adopted, the proposed Project would be required to comply with such regulation. As such, the proposed Project would be consistent with this action. Non -combustion Methane Emissions Divert 75% of organic waste from Consistent. SB 1383 establishes targets to achieve a 50 percent reduction landfills by 2025 in the level of Statewide organic waste disposal from 2014 levels by 2020 and a 75 percent reduction by 2025. The law establishes an additional target that no less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The Project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the Project would be consistent with this action. Source: California Air Resources Board, 2022 Scoping Plan, November 16, 2022. Consistency with the 2020-2045 RTP/SCS On September 3, 2020, the Regional Council of SCAG formally adopted the 2020-2045 RTP/SCS. The 2020-2045 RTP/SCS includes performance goals that were adopted to help focus future investments on the best -performing projects, as well as different strategies to preserve, maintain, and optimize the performance of the existing transportation system. The 2020-2045 RTP/SCS is forecast to help California reach its GHG reduction goals by reducing GHG emissions from passenger cars by 8 percent below 2005 levels by 2020 and 19 percent by 2035 in accordance with the most recent CARB targets adopted in March 2018. Five key SCS strategies are included in the 2020-2045 RTP/SCS to help the region meet its regional VMT and GHG reduction goals, as required by the State. Table 4.8-5, Consistency with the 2020-2045 RTP/SCS, provides a consistency analysis of the Project with these five 2020-2045 RTP/SCS strategies. As shown therein, the proposed Project would be consistent with the GHG emission reduction strategies contained in the 2020-2045 RTP/SCS. As mentioned above, the latest 2024-2050 RTP/SCS was adopted on April 4, 2024. However, CARB concluded that the technical methodology SCAG used to quantify the GHG emission reductions for the Connect 2024-2050 RTP/SCS does not operate July I y Council 28 — 120 8/6/202 e 57 South Coast Technology Center Project CEQA Exemption 15183 accurately. SCAG is currently working on updating the technical methodology and resubmitting for CARB's review. Until CARB approves the methodology, the 2024-2050 RTP/SCS is not a fully adopted document, especially from the GHG reduction perspective of the proposed strategies. As such, the consistency analysis relies upon the 2020-2045 RTP/SCS. Nevertheless, the Project is located in a HQTA and supports alternative transportation methods and electric vehicles by providing supporting infrastructure and facilities on -site, which would ensure the Project's consistency with the strategies in the 2024-2050 RTP/SCS. Table 4.8-5 Consistency with the 2020-2045 RTP/SCS Reduction Strategy Applicable Project Consistency Analysis Land Use Tools Focus Growth Near Destinations and Mobility Options • Emphasize land use patterns that facilitate Center Focused Consistent. Transit Priority Areas multimodal access to work, educational and Placemaking, (TPAs) are defined in the 0.5-mile radius other destinations Priority Growth around an existing or planned major • Focus on a regional jobs/housing balance to Areas (PGA), Job transit stop or an existing stop along a reduce commute times and distances and Centers, High HQTA. A HQTA is defined as a corridor expand job opportunities near transit and along Quality Transit with fixed route bus service frequency of center -focused main streets Areas (HQTAs), 15 minutes (or less) during peak • Plan for growth near transit investments and Transit Priority commute hours. support implementation of first/last mile Areas (TPA), strategies Neighborhood As stated above, the Project is located • Promote the redevelopment of Mobility Areas within an HQTA.' The Project Site is underperforming retail developments and other (NMAs), Livable located in a highly developed and outmoded nonresidential uses Corridors, urbanized area of Santa Ana, and within • Prioritize infill and redevelopment of Spheres of walking and biking distance of existing underutilized land to accommodate new Influence (SOls), residential and commercial uses that growth, increase amenities and connectivity in Green Region, would contribute to reduction in VMT and existing neighborhoods Urban Greening. associated GHG emissions. Specifically, • Encourage design and transportation options the Project Site is located within walking that reduce the reliance on and number of solo distance (approximately 300 feet) to the car trips (this could include mixed uses or nearest bus stops along West MacArthur locating and orienting close to existing Boulevard. In addition, the Project would destinations) provide bicycle parking spaces and • Identify ways to "right size" parking electric vehicle (EV) charging stations in requirements and promote alternative parking accordance with CALGreen Code. The strategies (e.g., shared parking or smart Project would also revitalize the Project parking) Site by removing the underutilized office park and developing industrial/warehousing uses on -site. Therefore, the Project would focus growth near destinations and mobility options. Thus, the Project would be consistent with this reduction strategy. Promote Diverse Housing Choices • Preserve and rehabilitate affordable housing PGA, Job Not Applicable. The Project Site does and prevent displacement Centers, HQTAs, not include existing residential • Identify funding opportunities for new NMA, TPAs, development; existing uses on -site workforce and affordable housing development Livable include an approximately 10.2-acre office • Create incentives and reduce regulatory Corridors, Green park, Lake Center Office Park, and an barriers for building context sensitive Region, Urban approximately 5.6-acre vacant field west accessory dwelling units to increase housing Greening. of the existing buildings. supply • Provide support to local jurisdictions to streamline and lessen barriers to housing development that supports reduction of greenhouse gas emissions July I y Council 28 — 121 8/6/202 e 58 South Coast Technology Center Project CEQA Exemption 15183 Leverage Technology Innovations • Promote low emission technologies such as HQTA, TPAs, Consistent. As detailed above, the neighborhood electric vehicles, shared rides NMA, Livable Project would install EV charging stations hailing, car sharing, bike sharing and scooters Corridors. and bicycle parking spaces in by providing supportive and safe infrastructure accordance with the most current and such as dedicated lanes, charging and applicable Title 24 standards and parking/drop-off space CALGreen Code. Additionally, the • Improve access to services through Project would include vanpool/carpool technology —such as telework and parking spaces in accordance with a telemedicine as well as other incentives such CALGreen voluntary measure (Appendix as a "mobility wallet," an app-based system for A5, Nonresidential Voluntary Measures). storing transit and other multi -modal payments Further, the Project would also include • Identify ways to incorporate "micro -power solar -ready roofs for all buildings. grids" in communities, for example solar Therefore, the proposed Project would energy, hydrogen fuel cell power storage and leverage technology innovations to power generation promote alternative modes of transportation and help the City, County, and State meet their GHG reduction goals. The Project would be consistent with this reduction strategy. Support Implementation of Sustainabilit Policies • Pursue funding opportunities to support local Center Focused Consistent. As previously discussed, the sustainable development implementation Placemaking, proposed Project is located within an projects that reduce greenhouse gas Priority Growth HQTA. The Project would support emissions Areas (PGA), Job sustainable development • Support statewide legislation that reduces Centers, High implementation that would reduce GHGs barriers to new construction and that Quality Transit by installing EV charging stations and incentivizes development near transit corridors Areas (HQTAs), providing bicycle parking spaces to and stations Transit Priority promote alternative modes of • Support local jurisdictions in the establishment Areas (TPA), transportation. Further, the Project would of Enhanced Infrastructure Financing Districts Neighborhood comply with sustainable practices (EIFDs), Community Revitalization and Mobility Areas included in the most current and Investment Authorities (CRIAs), or other tax (NMAs), Livable applicable Title 24 standards and increment or value capture tools to finance Corridors, CALGreen, including the installation of sustainable infrastructure and development Spheres of high efficiency lighting, water efficient projects, including parks and open space Influence (SOls), landscaping, low -flow water fixtures, • Work with local jurisdictions/communities to Green Region, among others. Thus, the Project would identify opportunities and assess barriers to Urban Greening. be consistent with this reduction strategy. implement sustainability strategies • Enhance partnerships with other planning organizations to promote resources and best practices in the SCAG region • Continue to support long range planning efforts by local jurisdictions • Provide educational opportunities to local decisions makers and staff on new tools, best practices and policies related to implementing the Sustainable Communities Strategy Promote a Green Region • Support development of local climate Green Region, Consistent. The proposed Project is adaptation and hazard mitigation plans, as well Urban Greening, located in an urbanized area and would as project implementation that improves Greenbelts and not interfere with regional wildlife community resiliency to climate change and Community connectivity or convert agricultural land. natural hazards Separators. According to the Project applicant, the • Support local policies for renewable energy proposed Project would exceed the most production, reduction of urban heat islands and current Title 24 (i.e., 2022 Title 24) by carbon sequestration approximately 10 percent, which would • Integrate local food production into the regional help reduce energy consumption and landscape reduce GHG emissions. Additionally, the Project would include solar -ready roofs for all buildings. Thus, the Project would July I y Council 28 — 122 8/6/202 e 59 South Coast Technology Center Project CEQA Exemption 15183 • Promote more resource efficient development support resource efficient development focused on conservation, recycling and that reduces energy consumption and reclamation GHG emissions. The Project would be • Preserve, enhance and restore regional wildlife consistent with this reduction strategy. connectivity • Reduce consumption of resource areas, including agricultural land • Identify ways to improve access to public park space Note: 1. Southern California Association of Governments, High Quality Transit Areas (HQTA) 2045 — SCAG Region, https://gisdata- scag.opendata.arcgis.com/datasets/SCAG:: high-quality-transit-areas-hqta-2045-scag- region/explore?location=34.058231 %2C-118.364678%2C13.71, accessed April 8, 2024. Source: Southern California Association of Governments, 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy— Connect SoCal, September 3, 2020. Consistency with the City of Santa Ana General Plan The Conservation Element of the General Plan Update contains various goals and policies aimed at reducing the health hazards from air pollution, reducing overall GHG emissions in the City, and minimizing the impacts of climate change. Table 4.8-6, Consistency with the Santa Ana General Plan Update, provides a consistency analysis of the Project with applicable goals and policies. As shown therein, the proposed Project would be consistent with the GHG emission reduction goals and policies contained in the City's General Plan Update. Table 4.8-6 Consistency with City of Santa Ana General Plan Update Goals and Policies I Project Consistency Analysis Goal CN-1: Air Quality and Climate. Protect air resources, improve regional and local air quality, and minimize the impacts of climate change. Policy CN 1.2 Climate Action Plan. Consistent. The Project would be consistent with the goals listed in the Consistency with emission reduction Climate Action Plan; refer to the discussion below. As such, the Project is goals highlighted in the Climate Action consistent with this policy. Plan shall be considered in all major decisions on land use and investments in public infrastructure. Policy CN 1.4 Development Consistent. According to the Project plans, the proposed Project would Standards. exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 Support new development that meets percent, which would help reduce energy consumption and reduce GHG or exceeds standards for energy- emissions. Additionally, the Project would also include solar -ready roofs efficient building design and site for all buildings. Upon conformance with applicable regulations, the planning. Project would be consistent with this policy. Policy CN 1.7 Housing and Consistent. The proposed Project would involve the construction of three Employment Opportunities. new Class A industrial buildings for office, manufacturing, and/or Improve the City's jobs/housing warehouse uses that would introduce employment opportunities in the balance ratio by supporting City. As such, the Project is consistent with this policy. development that provides housing and employment opportunities to enable people to live and work in Santa Ana. July I y Council 28 — 123 8/6/202 e 60 South Coast Technology Center Project CEQA Exemption 15183 Goals and Policies Project Consistency Analysis Policy CN 1.8 Promote Alternative Consistent. The proposed Project is located in an urbanized Transportation. environment and would include short- and long-term bicycle parking and Promote use of alternate modes of would construct EV charging stations in accordance with the most current transportation in the City of Santa and applicable Title 24 standards and CALGreen, as well as provide Ana, including pedestrian, bicycling, vanpool/carpool parking spaces. Additionally, the Project Site would be public transportation, car sharing served by existing bus stops along West Macarthur Boulevard, which programs and emerging technologies. could encourage the use of public transportation. As such, the Project is consistent with this policy. Policy CN 1.12 Sustainable Consistent. The Project would incorporate features that would Infrastructure. encourage the use of sustainable forms of transportation. As previously Encourage the use of low or zero discussed, the Project would construct short- and long-term bicycle emission vehicles, bicycles, non- parking spaces, EV charging stations, and vanpool/carpool parking motorized vehicles, and car -sharing spaces. Additionally, the Project Site would be served by existing bus programs by supporting new and stops along West Macarthur Boulevard, which could encourage the use existing development that includes of public transportation. As such, the Project is consistent with this policy. sustainable infrastructure and strategies such as vehicle charging stations, drop-off areas for ridesharing services, secure bicycle parking, and transportation demand management programs. Goal CN-3: Energy Resources. Reduce consumption of and reliance on nonrenewable energy, and support the development and use of renewable energy sources. Policy CN-3.5 Site Design. Consistent. According to the Project applicant, the proposed Project Encourage site planning and would exceed the most current Title 24 (i.e., 2022 Title 24) by subdivision design that incorporates approximately 10 percent, which would help reduce energy consumption the use of renewable energy systems. and reduce GHG emissions. Additionally, the Project would also include solar -ready roofs for all buildings. As such, the Project would be consistent with this policy. Policy CN 3.5 Landscaping. Consistent. The proposed Project would incorporate landscaping Promote and encourage the planting throughout the site, primarily along the perimeter of the site and parking of native and diverse tree species to lot. The Project would also provide a small, publicly accessible pocket improve air quality, reduce heat island park along West Lake Center Drive. Outdoor patios have also been effect, reduce energy consumption, proposed for each building. As such, the Project would be consistent with and contribute to carbon mitigation this policy. with special focus in environmental justice areas. Policy CN-3.7 Energy Conservation Consistent. According to the Project plans, the proposed Project would Design and Construction. exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 Incorporate energy conservation percent, which would help reduce energy consumption and reduce GHG features in the design of new emissions. Additionally, the Project would include solar -ready roofs for all construction and rehabilitation buildings. As such, the Project would be consistent with this policy. projects. Goal CN-4: Water Resources. Conserve and replenish existing and future water resources. Policy CN 4.1 Water Use. Encourage Consistent. The proposed Project would incorporate features that would and educate residents, business reduce water usage. Specifically, the Project would include low -flow owners, and operators of public fixtures that would reduce excessive use of water throughout the Project facilities to use water wisely and Site, water efficient irrigation, and incorporate drought -tolerant plants. As efficiently. such, the Project would be consistent with these policies. Policy CN 4.2 Landscaping. Encourage public and private property owners to plant native or drought - tolerant vegetation. Policy CN 4.4 Irrigation Systems. Promote irrigation and rainwater capture systems that conserve water to support a sustainable community. July I y Council 28 — 124 8/6/202 e 61 South Coast Technology Center Project CEQA Exemption 15183 Goals and Policies I Project Consistency Analysis Goal M-5 Sustainable Transportation Design. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. Policy M-5.6 Clean Fuels and Consistent. The Project would construct short- and long-term bicycle Vehicles. Encourage the use of parking spaces and EV charging stations to encourage the use of alternative fuel vehicles and mobility alternative fuel vehicles. As such, the Project is consistent with this policy technologies through the installation of supporting infrastructure. Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan, May 26, 2022. Consistency with the City of Santa Ana Climate Action Plan The City's CAP recommends measures that would achieve GHG reductions including installation of solar photovoltaic systems and compliance with Title 24 energy efficiency standards. The Project proposes to revitalize the SD-58 by constructing three new Class A industrial buildings for office, manufacturing, and/or warehouse uses. The proposed Project would be consistent with the applicable measures listed in the CAP by incorporating energy efficient features (i.e., energy efficient lighting, energy efficient appliances, and on -site renewable energy production capabilities) and water efficient features (i.e., low -flow fixtures, drought -tolerant landscaping, and water efficient irrigation). The proposed Project would also comply with SB 1383 for waste reduction. According to the Project plans, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent, which would help reduce energy consumption and reduce GHG emissions. Additionally, the Project would include solar -ready roofs for all buildings. As further described in Table 4.8-7, Consistency with the Santa Ana Climate Action Plan, the Project would be consistent with the City's CAP. Table 4.8-7 Consistency with the Santa Ana Climate Action Plan Goals I Project Consistency Analysis Transportation and Land Use Measures Measure: Local Employment Nodes Consistent. The proposed Project would replace an existing office near Residential and Retail Areas. complex with three new Class A industrial buildings for office, manufacturing, and/or warehouse use. The Project Site is located within a portion of the City designated for Industrial (IND) use in the City's General Plan. However, residential uses exist approximately 800 feet to the south of the site and 850 feet to the east of the site, providing for both proximity of residents to the Project's employment opportunities and a buffer between the proposed industrial use and existing residential uses. Therefore, the proposed Project is consistent with this measure. Measure: End -of -trip Facilities in New Consistent. According to the City's CAP, end -of -trip facilities include bike Projects. lockers, showers and changing rooms that would be used by cyclists. Installation of these end -of -trip facilities would encourage the use of bicycles as a form of transportation. The proposed Project is located in an urbanized environment and would include short- and long-term bicycle parking and would construct EV charging stations in accordance with the most current and applicable Title 24 standards and CALGreen, as well as provide vanpool/carpool parking spaces. As such, the proposed Project would be consistent with this measure. Measure: Design Guidelines for Consistent. As previously discussed, the proposed Project is located in External Bike/Pedestrian/Transit an urbanized environment and would include short- and long-term bicycle Connectivity. parking. The proposed Project includes internal walkways that would connect to existing sidewalks on West Lake Center Drive and South Measure: Design Guidelines for Internal Bike/Pedestrian/Transit Susan Street. Such public sidewalks provide access to existing bus Connectivity. stations along West MacArthur Boulevard. As such, the proposed Project would be consistent with these measures. July I y Council 28 — 125 8/6/202 e 62 South Coast Technology Center Project CEQA Exemption 15183 Goals Project Consistency Analysis Community -wide Energy Measures Measure: Property Assessed Clean Consistent. As discussed in the City's CAP, PACE is an energy Energy (PACE) Financing for efficiency financing program that promotes the implementation of energy Commercial Properties. efficient features and renewable energy generation by providing financing opportunities for commercial property owners. The proposed Project would exceed the requirements of the most current and applicable Title 24 standards, which include energy efficiency standards. As such, development of the proposed Project could utilize PACE financing to help implement the energy efficiency standards as required in the most current and applicable Title 24 standards. Therefore, the proposed Project would be consistent with the CAP's measures related to PACE financing. Measure: Solar Photovoltaic Systems Consistent. As discussed above, the proposed Project would include — New Private Installs. solar -ready roofs for all buildings and would exceed Title 24 standards by 10 percent. As such, the proposed Project would be consistent with this goal. Measure: Benchmarking and Retro- Consistent. This measure directs the City to develop an ordinance commissioning. requiring that all nonresidential buildings larger than 10,000 square feet report their Energy Star Portfolio Manager results every seven years, and that buildings with a score of less than 75 must complete retro- commissioning. When this measure becomes applicable, the Project buildings would be required to comply with it. As such, the proposed Project would be consistent with this measure. Measure: Title 24 Energy Efficiency Consistent. As previously discussed, the proposed Project would exceed Standards — Commercial. Title 24 requirements by 10 percent. As such, the proposed Project would be consistent with this measure. Solid Waste, Water, and Wastewater Measures Measure: AB 341 Commercial and Consistent. The proposed Project would implement a recycling system in Multifamily Recycling. accordance with state and local regulations, including the mandatory commercial recycling under AB 341. Additionally, the proposed Project would comply with SB 1383, which aims to recycle or compost 75 percent of waste by 2025. As such, the proposed Project would be consistent with this measure. Measure: Food Waste Digestion. Consistent. SB 1383 establishes targets to achieve a 50-percent reduction in the level of Statewide organic waste disposal from 2014 levels by 2020 and a 75-percent reduction by 2025. The law establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The proposed Project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the proposed Project would be consistent with this measure. Measure: Rainwater Harvesting. Consistent. As discussed, the proposed Project includes water efficient irrigation and drought -tolerant plants in the landscaping plans. The proposed Project would also reduce the amount of turf currently on the Project Site. As such, the proposed Project would be consistent with this measure. Measure: Turf Removal. Consistent. As discussed in the City's CAP, natural turf is one of the most water -intensive features of landscaping. The removal of natural turf would help reduce overall water consumption in the City. As discussed, the proposed Project includes water efficient irrigation and drought - tolerant plants in the landscaping plans. The proposed Project would also reduce the amount of turf currently on the Project Site. As such, the proposed Project would be consistent with this measure. Source: City of Santa Ana, Santa Ana Climate Action Plan, adopted December 2015. July I y Council 28 — 126 8/6/202 e 63 South Coast Technology Center Project CEQA Exemption 15183 Consistency Conclusion As discussed, the significance determination for GHG emissions is based solely on consistency with applicable statewide, regional, and local climate change mandates, plans, policies, and regulations. As demonstrated in the above analysis, the Project's characteristics render it consistent with statewide, regional, and local climate change mandates, plans, policies, and regulations. More specifically, the GHG plan consistency analyses provided above demonstrates that the proposed Project would comply with the regulations and GHG reduction goals, policies, actions, measures, and strategies outlined in the 2022 Scoping Plan, Connect SoCal, the City's General Plan, and the City's CAP. Consistency with these plans would reduce the impact of the Project's incremental contribution to GHG emissions. Accordingly, the Project would not conflict with any applicable plan, policy, regulation, or recommendation adopted for the purpose of reducing GHG emissions. As the proposed Project is consistent with statewide, regional, and local GHG reduction plans, the proposed Project would also be consistent with the State's long-term goal to achieve statewide carbon neutrality (zero -net emissions). Accordingly, impacts related to GHG emissions resulting from the proposed Project would be less than significant and would be less when compared to the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable even with implementation of mitigation for GPU PEIR Impact 5.7-1 and less than significant for GPU PEIR Impact 5.7-2. Therefore, no new project -specific mitigation measures are required. 4.8.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR GHG-1, RR GHG-2, RR GHG-3, and RR GHG-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe GHG impacts than anticipated by the GPU PEIR. 4.8.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR GHG-1 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building and Energy Efficiency Standards were effective on January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri-annually. RR GHG-2 Construction activities are required to adhere to California Code of Regulations, Title 13, Section 2499, which restricts nonessential idling of construction equipment to five minutes or less. RR GHG-3 New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand. RR GHG-7 California's Green Building Standards Code (CALGreen) requires the recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most "new construction" projects (CALGreen §§ 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and July i y Council 28 — 127 8/6/202 e 64 South Coast Technology Center Project CEQA Exemption 15183 demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume). 4.9 Hazards and Hazardous Materials 4.9.1 GPU PER Findings As stated in the GPU PER, the General Plan Update does not introduce any general or heavy industrial uses anywhere in the City in comparison to existing conditions. The GPU PER concluded that buildout of the proposed General Plan Update would include construction activities and operations that would transport, use, or dispose of hazardous materials in proximity to existing environmental justice (EJ) communities (i.e., disadvantaged communities), existing sensitive receptors, and proposed new sensitive receptors. Such activities could create a significant hazard to the public or the environment given the proximity of hazardous materials sites which are considered open cases, existing lead -contaminated soils, existing buildings containing asbestos -containing materials (ACM) and/or lead -based paint (LBP), and existing and planned industrial uses throughout the City. The GPU PER also determined that buildout of the General Plan Update would increase the number of hazardous waste generators as there would be an increase in industrial uses. However, impacts related to the use, storage, transport, and disposal of hazardous materials would be governed by existing regulations of several agencies, including the USEPA, US Department of Transportation, California Division of Occupational Safety and Health, and the Orange County Health Care Agency (OCHCA), Environmental Health Division. Policies and implementation actions in the General Plan Update specifically target existing land use compatibility issues and aim to prevent any future impacts to new sensitive receptors within EJ communities. Additionally, buildout under the General Plan Update would be required to implement RRs HAZ-1 through RR HAZ-5. Thus, the GPU PER determined that impacts related to the routine use, storage, transport, and disposal of hazardous materials, and the accidental release of hazardous materials, would be less than significant. The GPU PEIR also concluded that development on or adjacent to any sites listed on hazardous materials databases would require an environmental site assessment to ensure that projects would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. With the preparation of an environmental site assessment, impacts related to development on an existing hazardous materials site would be less than significant. Further, there are parts of the City that are within the vicinity of the John Wayne Airport Compatibility Land Use Plan and have height limits due to regulations pertaining to navigable airspace. The GPU PER concluded that projects approved under the General Plan Update would be required to comply with existing regulations to ensure consistency with the John Wayne Airport Compatibility Land Use Plan and protect navigable airspace. Impacts would be less than significant. The GPU PER concluded that buildout of the General Plan Update would increase square footage, dwelling units, population, and traffic congestion in the City, which could adversely impact evacuation plans. However, as the General Plan Update would not result in substantial changes to circulation patterns and emergency access routes, or interfere with the City's operations for emergency response, impacts related to emergency response would be less than significant. The GPU PER also concluded that no impact would occur related to wildland fire as the City is not within a fire hazard severity zone. July i y Council 28 — 128 8/6/202 e 65 South Coast Technology Center Project CEQA Exemption 15183 4.9.2 Project Analysis The proposed Project would develop three new Class A industrial buildings for office, manufacturing, and/or warehouse use on a site that is currently developed with commercial office buildings east of Susan Street and is vacant west of Susan Street. While the proposed Project would introduce new industrial uses to the Project Site, according to GPU PEIR Figure 2-1, EJ Communities, Neighborhoods, and Focus Areas, the Project Site is not located within an environmental justice (EJ) community. As such, the proposed Project would not expose EJ communities to hazardous materials and waste. Moreover, although the proposed Project would require an amendment to the SD-58 District to allow for industrial uses, the Project Site's land use designation is already Industrial. Thus, the proposed Project would not introduce any general or heavy industrial uses in the City in comparison to existing conditions. Construction of the proposed Project would involve demolition, grading, and construction of new buildings. Construction activities would use limited amounts of hazardous materials in the form of paints, solvents, glues, and other common construction materials for the proposed buildings. Construction activities may include the use of machinery and other equipment that require fueling or maintenance/servicing. These types of materials are not acutely hazardous, and all storage, handling, use, transport, and disposal of these would be required to conform to existing laws and regulations of the California Department of Toxic Substances Control (DTSC), USEPA, Occupational Safety & Health Administration (OSHA), and OCHCA, which would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts to occur. Additionally, the storage, handling, use, transport, and disposal of these hazardous materials would cease once construction is complete. Project compliance with RR HAZ-1 would ensure hazardous materials and hazardous wastes are transported in compliance with any applicable state and federal requirements; RR HAZ-2 would ensure hazardous waste generation, transportation, treatment, storage, and disposal would be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations [CFR], Title 40, Part 263). According to the Cultural Memorandum, the existing buildings were built after the 1980s; refer to Attachment C. Thus, the buildings are not likely to contain ACM and LBP. Nonetheless, demolition of the existing buildings would comply with RR HAZ-4, which would ensure demolition activities that could expose workers or the public to ACMs or LBPs would be conducted in accordance with any applicable state and federal requirements, and RR HAZ-5, which would ensure removal of hazardous materials be conducted as outlined in 29 CFR 1910.120 and 8 CCR 5192. Moreover, based on Attachment G, Phase 1 Environmental Site Assessment,23 the vacant parcel to the west of Susan Street does not have any recognized environmental conditions.24 Therefore, with adherence to existing regulations construction of the proposed Project would result in less than significant impacts related to the use, storage, transport, and disposal of hazardous wastes, as well as related to the accidental release of hazardous materials. During operation, there is potential for future tenants of the proposed buildings to use hazardous materials and generate hazardous waste. The nearest sensitive receptor is Calvary High School, located to the east of the Project Site. However, any future hazardous materials use, storage, 23 Attachment G, Phase l Environmental Site Assessment is comprised of two Phase I reports — one for the vacant parcel and one for the Lake Center Office Park. For the purposes of this document, references to the Phase I Environmental Site Assessment includes both reports. 24 As defined by ASTM E1527-21, a REC is: "(1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment. July I y Council 28 — 129 8/6/202 e 66 South Coast Technology Center Project CEQA Exemption 15183 transport, or disposal would be required to comply with existing regulations of the USEPA, US Department of Transportation, CalRecycle, and other agencies, consistent with the industrial uses analyzed in the GPU PEIR. Therefore, operation of the proposed Project would result in less than significant impacts related to the use, storage, transport, and disposal of hazardous wastes, as well as related to the accidental release of hazardous materials. The Project Site is not listed in the State Water Resources Control Board (SWRCB) GeoTracker system which includes leaking underground fuel tank sites and spills, leaks, investigations, and cleanups sites; or the DTSC EnviroStor Data Management System which includes Cortese sites; or the USEPA's database of regulated facilities.25, 26 As such, consistent with the GPU PEIR, impacts related to hazardous materials sites would be less than significant. According to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, and Figure 5.8-6, Height Restrictions per Federal Air Regulations Part 77, of the GPU PEIR, the Project Site is located outside of the John Wayne Airport's safety compatibility zone and height restriction areas. As such, the proposed Project would not result in a safety hazard or excessive noise for people residing and working in the Project area. No impact would occur. Construction equipment and materials staging would occur within the Project Site. During construction, vehicular access would be provided via existing access points along Lake Center Drive and South Susan Street. Temporary partial lane closures of Susan Street and Lake Center Drive would be required to resurface the streets; during the resurfacing, access would be maintained. Full lane closures are not anticipated for the proposed Project. Operation of the proposed Project would not result in population growth or changes to the existing circulation system. All driveways would provide adequate space for emergency vehicle access. As such, the proposed Project would not interfere with operations of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies; thus, consistent with the GPU PEIR, impacts to emergency response planning would be less than significant. The City of Santa Ana is not in a designated fire hazard zone. As such, consistent with the GPU PEIR, no impact related to the risk of wildland fires would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to the transport, use, disposal, and release of hazardous materials; hazardous materials sites; sites located within the vicinity of an airport or in an airport land use plan; and impairment of an emergency response or evacuation plan would be less than significant; and that no impacts would occur related to the risk of wildland fires. Therefore, no new project -specific mitigation measures are required. 25 California State Water Resources Control Board, GeoTracker, https://geotracker.waterboards.ca.gov/map/, accessed April 25, 2024. 26 California Department of Toxic Substances Control, Envirostor, https://www.envirostor.dtsc.ca.gov/public/, accessed April 25, 2024. July I y Council 28 — 130 8/6/202 e 67 South Coast Technology Center Project CEQA Exemption 15183 4.9.3 Conclusion The Project is consistent with buildout of the General Plan Update. With implementation of RR HAZ-1, RR HAZ-2, RR HAZ-4, and RR HAZ-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to hazards and hazardous materials than anticipated by the GPU PEIR. 4.9.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR HAZ-1 Hazardous materials and hazardous wastes will be transported to and/or from projects developed under the General Plan Update in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. RR HAZ-2 Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The projects developed under the General Plan Update will be designed and constructed in accordance with the regulations of the Orange County Health Care Agency, Environmental Health Division, which serves as the designated Certified Unified Program Agency. RR HAZ-4 Demolition activities that have the potential to expose construction workers and/or the public to asbestos -containing materials or lead -based paint will be conducted in accordance with applicable regulations, including, but not limited to: • South Coast Air Quality Management District's Rule 1403 • California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) • California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]) • Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]). RR HAZ-5 The removal of hazardous materials, such as polychlorinated biphenyls (PCBs), mercury -containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), 40 CFR 273 (mercury - containing light ballast), and 29 CFR 1926 (molds) by workers with the hazardous waste operations and emergency response (HAZWOPER) training, as outlined in 29 CFR 1910.120 and 8 CCR 5192. July i y Council 28 — 131 8/6/202 e 68 South Coast Technology Center Project CEQA Exemption 15183 4.10 Hydrology and Water Quality 4.10.1 GPU PEIR Findings The GPU PEIR concluded that compliance with local, state, and federal regulations and the policies of the proposed General Plan Update would reduce buildout impacts related to groundwater, drainage, hydrology, and water quality. Individual projects would be required to incorporate project -specific source control and treatment Best Management Practices (BMPs), incorporate low impact design (LID)/site design, and comply with applicable regulatory requirements to ensure compliance with regulations governing water quality, including the following: • Santa Ana Local Implementation Plan [LIP] • Orange County Drainage Area Management Plan • Construction General Permit (CGP) Water Quality Order 2009-0009-DWQ for preparation of a Stormwater Pollution Prevention Plan (SWPPP) (RR HYD-1) • National Pollutant Discharge Elimination System [NPDES] Municipal Separate Storm Sewer System [MS4] Permit from the Santa Ana Regional Water Quality Control Board (RR HYD-4) • Santa Ana Model Water Quality Management Plan [WQMP] • Santa Ana Municipal Code (RR HYD-5) • General Industrial Permit (Order No. CAS000001) for industrial activity (RR HYD-2) preparation of a Water Quality Management Plan). Additionally, the GPU PEIR determined that projected water demand from the proposed GPU at buildout is well within the projected total water demand for 2040 in the 2015 urban water management plan for normal, dry year, and multiple dry year scenarios. Related to pervious surfaces and runoff, the GPU PEIR also determined peak flows would be decreased overall but an increase of stormwater runoff peak flow rates could result from the introduction of new impervious surfaces. As stated in the GPU PEIR, the City and County have policies in place for reviewing and permitting new developments including requiring detailed hydrology studies. Related to flood hazards, tsunami, and seiche zones, the GPU PEIR determined that impacts would be less than significant due to the low potential for such conditions to occur and the regulations in place to manage flood hazards and minimize flood risks. In summary, the GPU PEIR determined that all impacts related hydrology and water quality would be less than significant and that no mitigation measures were required. 4.10.2 Project Analysis The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. Construction activities have the potential to degrade water quality through the exposure of surface runoff to exposed soils, dust, and other debris at the Project Site as well as increase erosion and/or siltation. The proposed Project would be required to comply with various applicable regulatory requirements governing water quality, including the requirements to incorporate project -specific source control and treatment BMPs and the requirements to incorporate low impact design (LID)/site design. For construction, the proposed Project would July i y Council 28 — 132 8/6/202 e 69 South Coast Technology Center Project CEQA Exemption 15183 comply with the latest CGP (Order No. 2022-057-DWQ) and RR HYD-1, which requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan (the Project Site is larger than one acre) and associated best management practices, an annual fee, and a signed certification statement. As the Project would introduce a new use to the Project Site (i.e., industrial/warehousing), the proposed Project would be required to comply with the requirements of the General Industrial Permit and RR HYD-2. A preliminary WQMP has been prepared for the proposed Project to comply with the requirements of the County's NPDES Stormwater Program (RR HYD-4) and be consistent with the Orange County Drainage Area Management Plan; refer to Attachment H, Preliminary Water Quality Management Plan. The WQMP describes site design and drainage, and structural and non-structural source control BMPs for the proposed Project to ensure water quality standards or waste discharge requirements are not violated, and to prevent substantial erosion or siltation on- or offsite. The proposed Project would also be required to comply with the SAMC regarding prohibitions on illicit connections and discharges, urban runoff control measures, and permit requirements. As a result, consistent with the GPU PEIR, water quality impacts associated with construction and operational activities would be less than significant. Regarding water demand, the proposed Project is anticipated to require less water than the existing office building use due to a reduction in fixtures; refer to Section 4.19, Utilities and Service Systems, for additional details. Thus, the proposed Project would be consistent with the General Plan Update. Regarding pervious surfaces and runoff, according to the Attachment I, Preliminary Drainage and Hydrological Study (Drainage Study), prepared by Incledon Consulting Group, dated June 2024, the proposed Project would increase imperviousness but due to modifications in stormwater flow paths within the Project Site, peak runoff produced from the site is expected to decrease or remain the same as existing conditions; refer to Preliminary Drainage and Hydrological Study. Additionally, the Drainage Study determined that the proposed Project has been designed to effectively capture and convey the Project's storm water to the existing/public systems during a 10-year storm, utilizing a new on -site storm drain system that would collect surface water from the on -site BM P catch basins. The system would continue the flow patterns of the existing conditions by utilizing the street's infrastructure and an on -site storm drain system. Therefore, consistent with the GPU PEIR, impacts would be less than significant. According to Figure 5.9-4, City of Santa Ana Flood Zones, of the GPU PEIR, the Project Site is not within a 100-year flood hazard area as designated by the Federal Emergency Management Agency (FEMA). According to Figure 5.9-5, Dam Inundation Areas, of the GPU PEIR, the Project Site is within both the Santiago Creek Dam and Prado Dam inundation areas. However, the Santiago Creek Dam has been assessed by the California Division of Safety of Dams (DSOD) to have no existing or potential dam safety deficiencies and the U.S. Army Corps of Engineers' Dam Safety Program is actively implementing risk -reduction measures to remediate the Prado Dam, including routine inspections and ongoing monitoring, spillway modifications to improve downstream flow, and public outreach, to ensure potential inundation hazards are minimized or eliminated.27 The GPU PEIR determined that, while seiche theoretically could occur with these reservoirs, the flooding impacts would be less than the inundation zones. The GPU PEIR also determined that the City is too far inland to be at risk of a tsunamis. As such, implementation of 27 U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl. usace.army. mil/Media/News-Releases/Article/l 849301 /corps-reclassifies-prado-dam-im plements- risk-reduction-measures/, May 15, 2019. July I y Council 28 — 133 8/6/202 e 70 South Coast Technology Center Project CEQA Exemption 15183 the proposed Project would result in less than significant impacts related to flood hazard, tsunami, and seiche zones. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to violation of water quality standards or waste discharge requirements; decrease in groundwater supplies or interference with groundwater recharge; alteration of existing drainage patters; flood, tsunami, or seiche risks; and conflicts with or obstruction of a water quality control plan or sustainable groundwater management plan would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.10.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR HYD-1, RR HYD-2, RR HYD-4, and RR HYD-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to hydrology and water quality than anticipated by the GPU PEIR. 4.10.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR-HYD-1 All development pursuant to the General Plan Update shall comply with the requirements of the Construction General Permit (Order No. 2012-0006-DWQ)28 for stormwater discharges associated with construction activity. Compliance requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan and associated best management practices, an annual fee, and a signed certification statement. RR-HYD-2 All industrial development pursuant to the General Plan Update shall comply with the requirements of the General Industrial Permit (Order No. CAS000001). The General Industrial Permit regulates operators of facilities subject to stormwater permitting, that discharge stormwater associated with industrial activity. RR HYD-4 All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010 0062). The MS4 Permit requires new development and redevelopment projects to: • Control contaminants into storm drain systems • Educate the public about stormwater impacts • Detect and eliminate illicit discharges • Control runoff from construction sites • Implement best management practices and site -specific runoff controls and treatments for new development and redevelopment. 28 The proposed Project would be subject to the most recent Construction General Permit (Order No. 2022-057-DWQ), which was adopted on September 8. 2022. July I y Council 28 — 134 8/6/202 e 71 South Coast Technology Center Project CEQA Exemption 15183 RR HYD-5 All development pursuant to the General Plan Update shall comply with the requirements detailed in Chapter 18 Article IV of the Santa Ana Municipal Code. 4.11 Land Use and Planning 4.11.1 GPU PEIR Findings The GPU PEIR concluded that the General Plan Update's policies would encourage the preservation or enhancement of the existing residential communities through infill development, open space opportunities, and development of compatible uses that would enhance the existing character of the City. A primary goal of the General Plan Update is to preserve and improve the character and integrity of existing neighborhoods and districts; specific policies would reduce the conflict between contrasting land uses and enhance neighborhoods by responsibly integrating new development into existing communities. The General Plan Update would not divide established communities; rather, implementation of the policies in the General Plan Update would ensure the development of cohesive communities. As such, the GPU PEIR concluded that impacts would be less than significant. Additionally, none of the changes in the General Plan Update would affect plans, policies, or regulations of other agencies that have jurisdiction within the City, including the Airport Environs Land Use Plan for the John Wayne Airport, the Orange County Transportation Authority (OCTA) Congestion Management Plan, and the Southern California Association of Governments (SCAG) 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). As individual projects are considered by the City, each would be subject to a variety of federal, state, and locally adopted plans designed to mitigate environmental impacts or to preserve important resources. As such, the GPU PEIR concluded that the General Plan Update would not conflict with any applicable land use plan, policy, or regulation and impacts would be less than significant. 4.11.2 Project Analysis The proposed Project would demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use entirely within SD-58. Similar to existing conditions, the Project Site would remain accessible from driveways along Lake Center Drive and South Susan Street. Per RR LU-1, the Project must comply with the applicable provisions of SAMC Chapter 41 (Zoning). Permitted uses in the SD-58 District are professional and business offices and commercial/retail uses. To allow the development of the proposed buildings for industrial use, an amendment to the SD-58 District would be required to allow for industrial uses. In addition, the development standards would be updated to include standards for perimeter fencing and revise parking standards to remove reference to specific numbers. Operational standards would also be included for Limited Light Industrial uses. Additionally, the proposed Project would require a lot merger and site and development plan approval. Although the proposed Project would amend SD-58 to allow for industrial uses, the Project Site's zoning would be consistent with the General Plan land use designation of Industrial. Additionally, the infill development of the portion of the Project Site west of Susan Street would enhance SD-58 by making it more cohesive. The three buildings would be designed in accordance with the updated development standards governing the SD-58 District. Upon approval of the above entitlements, the proposed Project would be consistent with the requirements of the General Plan Update and Project Site's zoning. Furthermore, the Project Site is not within a residential community; it is surrounded by office, commercial, and recreational uses. Therefore, the Project would not divide an established community and impacts would be less than significant, consistent with the conclusion in the GPU PEIR. July i y Council 28 — 135 8/6/202 e 72 South Coast Technology Center Project CEQA Exemption 15183 As detailed in Table 4.11-1, General Plan Update Land Use Element Proiect Consistency Analysis, the proposed Project would be consistent with the applicable General Plan Update Land Use Element goals and policies. Table 4.11-1 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Project Consistency Analysis Policies Goal LU-1: Provide a land use plan that improves quality of life and respects our existing community. Policy LU-1.1: Foster compatibility between land Consistent. Surrounding uses adjacent to the Project Site uses to enhance livability and promote healthy include office, commercial, and recreational uses. The lifestyles. Greenville Banning Channel bounds the Project Site to the east and freight rail tracks bound the Project Site to the west. The Project proposes to redevelop the Lake Center Office Park with two new industrial buildings and construct a new industrial building on the vacant parcel west of Susan Street. As discussed previously, the proposed industrial use is consistent with the General Plan Update. The SD-58 District currently includes design standards such as building heights, setbacks, separations, landscaping standards, and signage; and would be amended to include design standards for perimeter fencing and operational standards for the Limited Light Industrial Use to ensure that the Project would be compatible with adjacent and surrounding uses. In addition, the Project would include bicycle parking spaces and EV charging stations, which would promote healthy lifestyles and reduce GHG emissions. Policy LU-1.8: Ensure that new development Consistent. The Project proposes to redevelop the Lake projects provide a net community benefit. Center Office Park with two new industrial buildings and construct a new industrial building on the vacant parcel west of Susan Street. The infill development of the western portion of the Project Site would enhance SD-58 by making it more cohesive. As discussed in Section 4.14, Population and Housing, the proposed Project would generate 425 employees that would be drawn from the City or region. As the proposed Project would provide additional jobs in the City, it would improve the jobs -housing ratio determined in the GPU PEIR and help offset residential population growth impacts resulting from implementation of the General Plan Update. In addition, the Project would include bicycle parking spaces and EV charging stations to encourage alternative modes of transportation and reduce VMT and GHG emissions. Overall, the proposed Project would provide a net community benefit. Policy LU-1.9: Evaluate individual new Consistent. As discussed throughout this document, the development proposals to determine if the proposed Project would be consistent with the General Plan proposals are consistent with the General Plan Update. Additionally, as discussed in Section 4.15, Public and to ensure that they do not compound Services, and Section 4.19, Utilities and Service Systems, the existing public facility and service deficiencies. proposed Project would result in less than significant impacts to public utilities and infrastructure. Goal LU-2: Provide a balance of land uses that meet Santa Ana's diverse needs. Policy LU-2.1: Provide a broad spectrum of land Consistent. Refer to the response to Policy LU-1.8 above. uses and development that offer employment Overall, the proposed Project would offer employment opportunities for current and future Santa Ana opportunities for current and future Santa Ana residents. residents. July I y Council 28 — 136 8/6/202 e 73 South Coast Technology Center Project CEQA Exemption 15183 Table 4.11-1 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Project Consistency Analysis Policies Policy LU-2.7: Support land use decisions that Consistent. To allow the use of the proposed buildings for encourage the creation, development, and industrial use, an amendment to the SD-58 District would be retention of businesses in Santa Ana. required. As previously discussed, the proposed industrial uses would generate approximately 425 employment opportunities. Thus, approval of the proposed Project would support land use decisions that encourage the creation, development, and retention of new businesses in in the City. Policy LU-2.8: Encourage land uses, Consistent. Refer to the response to Policy LU-2.7 above. development projects, and public art installations Approval of the proposed Project would support land uses and that promote the city's image as a cultural, development projects that promote the City's image as a governmental, and business -friendly regional business -friendly regional center. center Goal LU-3: Preserve and improve the character and integrity of existing neighborhoods and districts. Policy LU-3.1: Support new development which Consistent. Refer to response to Policy LU-1.8 above. Overall, provides a net community benefit and contributes the proposed Project would provide a net community benefit. to neighborhood character and identity. Policy LU-3.4: Ensure that the scale and Consistent. The proposed Project would be required to comply massing of new development is compatible and with updated development standards governing aesthetics for harmonious with the surrounding built the SD-58 District, which include building heights, setbacks, environment. separations, landscaping standards, and signage. Other than the addition of development standards for perimeter fencing, the development standards for the SD-58 District remain unchanged with proposed the SD-58 amendment. Additionally, no change in density or building height is proposed for SD-58. The proposed buildings would be consistent with or shorter than the heights of the existing buildings. Overall, the scale and massing of the new development would be compatible with the surrounding built environment. Policy LU-3.8: Avoid the development of Consistent. The proposed Project would develop industrial industry and sensitive receptors in close uses at the Project Site. The closest sensitive receptors to the proximity to each other that could pose a hazard Project Site are the institutional use located approximately 100 to human health and safety due to the quantity, feet east of the Project Site and residential uses located concentration, or physical or chemical approximately 800 feet south of the Project Site. However, as characteristics of the hazardous materials discussed above in Section 4.9, Hazards and Hazardous utilized, or the hazardous waste an operation Materials, Project impacts related to the use or, generation, or may generate or emit. emission of hazardous waste would be less than significant. Policy LU-3.9: Improve the health of residents, Consistent. Refer to the response to Policy LU-3.8 above. As students, and workers by limiting the impacts of discussed in Section 4.9, Hazards and Hazardous Materials, construction activities and operation of noxious, the Project Site is not located in an EJ area and impacts hazardous, dangerous, and polluting uses that related to the use of hazardous materials in close proximity to are in close proximity to sensitive receptors, with sensitive receptors would be less than significant. In addition, priority given to discontinuing such uses within as discussed in Section 4.3, Air Quality, Project impacts environmental justice area boundaries. related to air pollutant emissions would also be less than significant. In addition, the Project would include bicycle parking spaces and EV charging stations to encourage alternative modes of transportation and reduce GHG emissions. Goal LU-4: Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.3: Encourage land uses and Consistent. As discussed throughout this document, the strategies that reduce energy and water proposed Project would reduce energy and water consumption, waste and noise generation, soil consumption. Impacts related to waste and noise generation, contamination, air quality impacts, and light soil contamination, air quality impacts, and light pollution pollution. would be less than significant. Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, April 2022. July I y Council 28 — 137 8/6/202 e 74 South Coast Technology Center Project CEQA Exemption 15183 In addition, according to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, of the GPU PEIR, the Project Site is not within an airport safety zone. Similarly, according to Figure 5.12-6, John Wayne Airport Noise Contours, of the GPU PEIR, the Project Site is not within the 60 dBA CNEL aircraft operation noise contours. Thus, the Project would not conflict with the Airport Environs Land Use Plan for the John Wayne Airport. Moreover, as the Project Site is not located near the study intersections for the OCTA Congestion Management Program (i.e., Harbor Boulevard and 1 st Street and Harbor Boulevard and Warner Avenue) the proposed Project would not impair implementation of the OCTA Congestion Management Program. As such, the Project would not conflict with any applicable land use plan, policy, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant. Based on the above, the proposed Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to physically dividing an established community, and conflicting with applicable land use plan, policy, or regulation would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.11.3 Conclusion The Project is consistentwith the General Plan Update. With implementation of RR LU-1 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off - site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to land use and planning than anticipated by the GPU PEIR. 4.11.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR LU-1 Development associated with the General Plan Update would be designed and constructed in accordance with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Development within specific plan areas, overlay areas, and specific development districts would implement zoning and development standards that are applicable within these subareas in addition to those in the underlying zoning district. 4.12 Mineral Resources 4.12.1 GPU PEIR Findings According to the GPU PEIR, the City is mostly mapped as Mineral Resource Zone (MRZ) 3, which is an area where the significance of mineral deposits cannot be determined from available data. The area in the southeast portion of the City is mapped as MRZ-1, which means an area where no significant mineral resources are present or there is little likelihood that significant mineral resources are present. A small area in the northeast corner of the City is mapped as MRZ-2, which means significant mineral resources are known or very likely. However, the City does not have mineral resource sectors or active or inactive mines. Thus, implementation of the General Plan Update would not cause a loss of availability of known mineral resources, and impacts would be less than significant. July i y Council 28 — 138 8/6/202 e 75 South Coast Technology Center Project CEQA Exemption 15183 4.12.2 Project Analysis The Project Site is located in the southwestern portion of the City, and is mapped MRZ-3, like most of the City. While the significance of mineral deposits cannot be determined from available data in areas mapped as MRZ-3, the City does not have mineral resource sectors. The Project Site is not used as a mineral extraction operation, has not historically been used for mineral resource extraction, and the proposed Project would not include any mineral extraction. Therefore, implementation of the proposed Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State and would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, specific plan, or other land use plan. Therefore, consistent with the General Plan Update, impacts to mineral resources would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts to mineral resources would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.12.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to mineral resources than anticipated by the GPU PEIR. 4.12.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures No GPU PEIR regulatory requirements or mitigation measures apply 4.13 Noise 4.13.1 GPU PEIR Findings The GPU PEIR concluded that implementation of the General Plan Update has the potential to result in significant temporary and permanent increases of noise levels throughout the City from construction activities and land use development projects. The General Plan Update included regulations designed to protect new sensitive land uses from excessive noise levels, including GPU PEIR MM N-1, which prescribes measures for construction activities. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, the GPU PEIR concluded that construction activities could result in a temporary substantial increase in noise levels above ambient conditions and impacts would remain significant and unavoidable even with mitigation. The GPU PEIR also identified that buildout of the General Plan Update would result in an increase in traffic along local roadways proximate to existing sensitive receptors and could exceed noise standards on several roadway segments. Although policies identified in the General Plan Update Noise Element and Mobility Element would help to minimize and mitigate traffic noise impacts along several roadway segments, the GPU PEIR conservatively concluded that traffic noise increase on the roadway segments would be significant and unavoidable. However, the GPU PEIR also noted that the identification of program -level impacts does not preclude the finding of less -than -significant impacts for subsequent projects analyzed at the project level. July i y Council 28 — 139 8/6/202 e 76 South Coast Technology Center Project CEQA Exemption 15183 The GPU PER determined that construction activity would generate varying degrees of ground vibration. GPU PER MM N-2, which requires preparation of a noise and vibration analysis for projects requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non -engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster), or use of a vibratory roller within 25 feet of any structure, and adherence to associated performance standards, would reduce impacts to a less -than -significant level. The GPU PER determined that implementation of GPU PER MM N-3, which applies to new residential projects located within 200 feet of existing railroad lines and GPU PER MM N-4, which applies to industrial developments, would reduce potential vibration impacts during operation to less than significant levels. The GPU PEIR determined that future development of noise -sensitive land uses could be located within areas where airport noise exceeds 60 dBA CNEL, but with implementation of the policies in the Noise Element, impacts would be less than significant. 4.13.2 Project Analysis The following section evaluates potential impacts related to noise and vibration that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment I Noise and Vibration Assessment. The Noise and Vibration Assessment was prepared to fulfill the requirements of GPU PER MM N-4. EXISTING CONDITIONS The Project Site is surrounded by existing commercial and institutional uses to the north, south, and west. The primary sources of stationary noise in the Project vicinity are from urban -related activities (i.e., mechanical equipment and parking areas). Commercial and industrial operations in the Project vicinity can also generate varying degrees of ground vibration, depending on the operational procedures and equipment, which can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Such equipment -generated vibrations spread through the ground and diminish with distance from the source. The existing noise in the Project vicinity is generated predominately by traffic along surrounding roadways including MacArthur Boulevard, South Susan Street, and Lake Center Drive. These roadways also have the potential to generate vibrations. However, according to the Federal Transit Administration (FTA), it is unusual for vibration from sources, such as buses and trucks, to be perceptible, even in locations close to major roads.29 Existing Ambient Noise Levels Three short-term noise measurements were taken in the Project vicinity on March 12, 2024 to quantify existing ambient noise levels in the Project area. The noise measurement locations are described in Table 4.13-1, Noise Measurements and are representative of typical existing noise exposure at the nearest sensitive receptors. The 10-minute measurements were taken between 11:00 a.m. and 12:30 p.m. Short-term (Leq) measurements are considered representative of the noise levels throughout the day. The noise measurements were taken during "off-peak" (9:00 a.m. through 3:00 p.m.) traffic noise hours as this provides a more conservative baseline. During rush 29 Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground -borne Vibration and Noise, September 2018. July I y Council 28 — 140 8/6/202 e 77 South Coast Technology Center Project CEQA Exemption 15183 hour traffic, vehicle speeds and heavy truck volumes are often low and free -flowing traffic conditions just before or after rush hour often yield higher noise levels. Table 4.13-1 Noise Measurements Site Location Leq (dBA) Lmin (dBA) Lmax (dBA) Time No. 1 In front of 3626 South Marine Street multifamily 72.6 51.2 87.0 11:07 a.m. residential use Near 3388 Corte Cassis residential use, 2 approximately 200 feet west of the Fairview Road 68.2 48.5 86.6 11:39 a.m. and Sunflower Avenue intersection In front of Calvary Chapel bookstore, 3 approximately 200 feet east from the Lake Center 60.3 52.3 81.0 12:07 p.m. Drive and Susan Street intersection Notes: dBA = A -weighted decibels, Leq = Equivalent Sound Level; Lm;n = Minimum Sound Level; Lmax = Maximum Sound Level, Peak = Highest Instantaneous Sound Level Source: Michael Baker International, May 18, 2023. Noise Sensitive Receptors Noise -sensitive land uses are generally considered to include those uses where noise exposure could result in health -related risks to individuals, as well as places where quiet is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Additional land uses such as parks, historic sites, cemeteries, and recreation areas are considered sensitive to increases in exterior noise levels. Schools, churches, hotels, libraries, and other places where low interior noise levels are essential are also considered noise -sensitive land uses. The nearest sensitive receptor to the Project Site is an existing institutional use (Calvary Chapel High School) located approximately 100 feet to the east of the Project Site. The nearest existing residential uses are located approximately 800 feet to the south in the City of Costa Mesa and 850 feet to the east within the City of Santa Ana. SIGNIFICANCE CRITERIA AND METHODOLOGY Construction and Operational Noise Standards Neither the City of Santa Ana nor the City of Costa Mesa have a quantitative threshold that applies to noise levels at active construction sites. To evaluate whether the Project would generate potentially significant temporary construction noise levels at off -site sensitive receiver locations, a construction -related noise level threshold from the from the FTA Transit Noise and Vibration Impact Assessment criteria will be used. The FTA provides reasonable criteria for assessing construction noise impacts based on the potential for adverse community reaction. For residential uses, the daytime noise threshold is 80 dBA Leq averaged over an 8-hour period (Leq (8-hr)) and the nighttime noise threshold is 70 dBA Leq (8-hr). In compliance with the SAMC, construction would not occur during the noise -sensitive nighttime hours. For the purposes of this analysis, the lowest, most conservative construction noise level threshold of 80 dBA Leq is used as an acceptable threshold for construction noise at the nearby sensitive receptor locations. Since this construction -related noise level threshold represents the energy average of the noise source over July I y Council 28 — 141 8/6/202 e 78 South Coast Technology Center Project CEQA Exemption 15183 a given time, they are expressed as Leq noise levels. Therefore, the noise level threshold of 80 dBA Leq over a period of eight hours or more is used to evaluate the potential project -related construction noise level impacts at the nearby sensitive receptor locations. Noise levels from construction equipment and activities were modeled using the Federal Highway Administration's Roadway Construction Noise Model (RCNM). Related to operational noise from a stationary source for the City of Santa Ana, a project would result in a significant impact if project -related operational noise levels exceed the daytime exterior 55 dBA Leq and nighttime exterior 50 dBA Leq noise level standard at nearby sensitive receiver locations (based on the exterior noise level standards in SAMC Section 18.312). The nearest residential uses to the Project Site are located within the City of Costa Mesa. The City of Costa Mesa's residential exterior noise standards are effectively the same as the exterior noise level standards in SAMC Section 18.312,30 which would be applied when analyzing noise impacts for residential uses. A project would result in a significant impact if project -related operational (stationary -source) noise levels exceed the daytime exterior 55 dBA Leq and nighttime exterior 50 dBA Leq noise level standard at the nearest residential uses. Construction and Operational Vibration Standards The FTA Transit Noise and Vibration Impact Assessment Manual provides criteria for acceptable levels of groundborne vibration for various types of buildings, which are shown in Table 4.13-2, Structural Vibration Damage Criteria. As the nearest sensitive receptor structures to Project Site are institutional uses, the architectural damage criterion for continuous vibrations of 0.3 inch -per - second PPV for engineered concrete and masonry is applied for this Project. Table 4.13-2 Structural Vibration Damage Criteria Building Category Peak Particle Velocity for Continuous Sources (PPV) inches/second in/sec I. Reinforced concrete, steel, or timber noplaster) 0.5 II. Engineering concrete and mason noplaster) 0.3 III. Nonengineered timber and masonry buildings 0.2 IV. Buildings extremely susceptible to vibration damage 0.12 Source: FTA, Transit Noise and Vibration Impact Assessment Manual, 2018. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. The vibration level at which human annoyance is perceived is 0.2 inch per second peak particle velocity (PPV).31 Mobile Noise Threshold An off -site traffic noise impact typically occurs when there is a discernable increase in traffic and the resulting noise level exceeds an established noise standard. In community noise considerations, changes in noise levels greater than 3 dB are often identified as discernible, while changes less than 1 dB would not be discernible to local residents. A 5-dB change is generally 30 The residential exterior noise standards in SAMC Section 18.312 are 55 dBA for daytime (7 am —10 pm) and 50 dBA for nighttime (10 am — 7 pm). The residential exterior noise standards in Costa Mesa Municipal Code Chapter 8 are also 55 dBA for daytime (7 am — 11 pm) and 50 dBA for nighttime (11 am — 7 pm). 31 California Department of Transportation, Transportation Related Earthborne Vibrations, 2002. July I y Council 28 — 142 8/6/202 e 79 South Coast Technology Center Project CEQA Exemption 15183 recognized as a clearly discernable difference. Thus, the Project would result in a significant noise impact if a permanent increase in ambient traffic noise levels of 3.0 dB occurs upon Project implementation and the resulting noise level at the receiving sensitive receptor exceeds the applicable exterior standard at a noise sensitive use. PROJECT -GENERATED NOISE IMPACTS Short -Term Construction Impacts Construction activities generally are temporary and have a short duration, resulting in periodic increases in the ambient noise environment. The Project involves construction activities associated with demolition, grading, building construction, paving, and architectural coating applications. The Project would be constructed over a duration of approximately 16 months. Ground -borne noise and other types of construction -related noise impacts typically occur during the initial grading phase, which has the potential to create the highest levels of noise. Construction equipment produces maximum noise levels when equipment is operating under full power conditions (i.e., the equipment engine at maximum speed). However, equipment used on construction sites typically operates under less than full power conditions, at partial power. Table 4.13-3, Noise Levels Generated During Construction Phases displays the estimated construction noise levels at the nearest sensitive receptors. To present a conservative impact analysis, the estimated noise levels were calculated for a scenario in which all heavy construction equipment were assumed to operate simultaneously. Results from RCNM also assumes a clear line -of -sight and no other machinery or equipment noise that would mask project -related construction noise. The shielding of buildings and other barriers that interrupt line -of -sight conditions would help further reduce noise levels than what is shown in Table 4.13-3. According to the General Noise Assessment methodology prescribed in the FTA Transit Noise and Vibration Impact Assessment Manual, noise can be considered as concentrated at the center of the site. In addition, construction activities would occur across the entire Project Site and therefore the estimated noise levels were calculated from the center of the Project Site. The geographic center of the Project Site is approximately 625 feet from the closest sensitive receptor (institutional use) to the east and approximately 1,000 feet from the nearest residential uses to the south. Table 4.13-3 Noise Levels Generated During Construction Phases Estimated Exterior Construction Estimated Exterior Construction Noise Noise Level at 625 feet Level at 1,000 feet Phase (Center of Project Site) (Center of Project Site) dba Le dba Le Demolition 64.5 60.4 Grading 66.3 62.2 Building Construction 64.3 60.3 Paving 59.7 1 55.6 Architectural Coating 51.8 47.7 Notes: 1. These noise levels conservatively assume the simultaneous operation of all heavy construction equipment at the same precise location. Modeled heavy construction equipment includes concrete saws, excavators, and dozers during demolition phase, grader, dozers, and backhoes during the grading phase, forklifts, generator, crane, welders, and backhoes during the building construction phase, pavers, paving equipment, rollers, and backhoes during the paving phase, and air compressor during the architectural coating phase. Source: Federal Highway Administration, Roadway Construction Noise Model (RCNM), 2006. July I y Council 28 — 143 8/6/202 e 80 South Coast Technology Center Project CEQA Exemption 15183 As shown in Table 4.13-3 above, the nearest receptors to the Project Site could be exposed to temporary and intermittent construction noise levels ranging from approximately 51.8 to 66.3 dBA Leq at the nearest institutional use to the east and approximately 47.7 to 62.2 dBA Leq at the nearest residential uses to the south. As such, construction noise would not have the potential to exceed the FTA significance of threshold of 80 dBA Leq. In addition, according to SAMC Section 18-314(e), construction activities are exempt from the residential exterior noise control standards upon compliance with the permitted construction hours. As such, construction activities would be required to comply with the construction timings specified in SAMC Section 18-314(e), which restricts construction activities to the daytime hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. Compliance with the SAMC construction hours (RR NOI-2) would minimize impacts from construction noise. In addition, the Project is required to comply with the allowable interior noise levels specified in the California Building Code and the CALGreen noise standards pursuant to the requirements of RR NOI-1 and implement GPU PER MM N-1, which enforce measures for construction activities such as requiring the use of best -available noise control techniques, the use of hydraulic or electrical impact tools whenever possible, locating stationary equipment and stockpiling as far as feasible from sensitive receptors, limiting construction traffic to approved haul routes, and the use of temporary construction noise barriers. Therefore, construction impacts resulting from the proposed Project would be less than significant and would be less than the impacts disclosed in the GPU PER, which were determined to be significant and unavoidable despite inclusion of mitigation. Long-term Operational Impacts Mobile Noise Operation of the Project would generate vehicle trips on adjacent roadways, thereby potentially increasing vehicular noise in the vicinity of existing and proposed land uses. The most prominent source of mobile traffic noise in the Project vicinity is along Susan Street, Lake Center Drive, and MacArthur Boulevard. According to the California Department of Transportation, a doubling of traffic (100 percent increase) on a roadway would result in a perceptible increase in traffic noise levels (3 dBA).32 As discussed above the Project would generate approximately 386 net fewer total daily trips compared to the existing conditions.33 As such, as the Project generated traffic volumes would not exceed the traffic volumes of the existing condition, and would not generate additional vehicular noise along adjacent roadways. Project -related traffic noise impacts would be less than significant. On -Site Noise The operations of the proposed Project would be typical of a warehousing facility. Stationary noise sources associated with the Project would include noise generated from mechanical equipment, loading dock activities, and slow -moving trucks. Although the nearest noise sensitive use is the institutional use located approximately 100 feet to the east when measured from the property line, the distances to the nearest sensitive receptors would be greater when measured from the 32 California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. 33 Note that the Trip Generation Assessment analyzed a project with three industrial buildings totaling 325,044 square feet. However, the total building square footage for the proposed project has been reduced to 313,244 square feet. July I y Council 28 — 144 8/6/202 e 81 South Coast Technology Center Project CEQA Exemption 15183 proposed on -site stationary sources. Operational noise levels are analyzed at the surrounding nearest sensitive receptors to the east and south. The Project would install 14 rooftop HVAC units on each warehouse building. Typically, mechanical equipment, such as HVAC units, generate noise levels of 60 dBA (or 84 dBA in sound power level (L,))34 at 20 feet from the source.35 Typical noise associated with loading dock activities would include noise from lift gate operation, backup alarms, load drops, forklifts/pallet jacks, and personnel. Loading dock activity would occur at the western side of Building 1 and the southern side of Building 2 and Building 3. Loading dock activities can typically generate a maximum noise level of approximately 80 dBA in L,,,, per meter. Another major noise source from a warehousing facility is from slow -moving trucks. According to the proposed truck routes, slow - moving truck activities would occur at the western side of Building 1 and the southern side of Building 2 and Building 3. Slow -moving trucks can typically generate a maximum noise level of approximately 62 dBA in L,,,, per square meter. Table 4.13-4, Operational Noise Levels, shows the combined long-term operational noise levels from all noise sources occurring simultaneously at the surrounding sensitive receptors. Table 4.13-4 Operational Noise Levels Estimated Project Generated Noise Level Criteria Noise Levels Receptor Land Use Operational Noise Level (dba Leq)2Exceeds dba Leg)' (Daytime/Nighttime) Standards? Residential Uses to the East 35.2 55/50 No Residential Uses to the South 38.8 55/50 No Institutional Building to the East 40.7 55/50 No School Playground to the Southeast 39.5 55/50 No Notes: 1. Operational noise levels conservatively assume the simultaneous operation of all operational activities at the same time. 2. Noise level criteria are based on the SAMC Section 18.312. For informational purposes, noise level criteria for residential uses in the Costa Mesa Municipal Code Chapter 8 are also 55 dBA for daytime (7 am — 11 pm) and 50 dBA for nighttime (11 am — 7 pm). Source: SoundPLAN Version 5.1. As shown in Table 4.13-4, the nearest sensitive receptors surrounding the Project Site would experience noise levels ranging from 35.2 to 40.7 dBA Leq from the Project's operational activities. The Project's operational noise levels would not exceed noise level standards in the SAMC. Furthermore, the existing ambient noise level at the institutional and residential uses to the east is approximately 72.6 dBA Leq and the existing ambient noise level at the residential use to the south is approximately 68.2 dBA Leq, which are higher than the projected operational noise levels at these sensitive receptors. As such, the Project's operational noise levels would not be audible above existing ambient noise levels and would not increase the ambient noise levels experienced by these sensitive uses. Therefore, the nearest sensitive receptors would not be directly exposed to substantial noise from on -site operational activities, and impacts would be less than significant. 34 Sound power level is used in SoundPlan modeling. The SoundPlan noise model was utilized to predict the anticipated operational noise levels and impacts associated with a worst -case scenario, where all operational activities are assumed to occur simultaneously. SouncIPLAN is a three-dimensional noise model that allows computer simulations of noise situations, and creates noise contour maps using reference noise levels, topography, point and area noise sources, mobile noise sources, and intervening structures. 35 Elliot H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 26, 2015. July I y Council 28 — 145 8/6/202 e 82 South Coast Technology Center Project CEQA Exemption 15183 Based on the above, the Project's operational mobile and stationary source impacts would be less than significant and would be less than the impacts disclosed in the GPU PEIR, which concluded that traffic noise impacts during operation would be significant and unavoidable, and no feasible or practical mitigation are available to reduce traffic noise impacts. Summary of Project -Generated Noise Impacts Based on the above, the Project's construction and operational noise impacts would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the Project's construction and operational noise impacts would be significant and unavoidable. Therefore, no new project - specific mitigation measures are required. PROJECT -GENERATED VIBRATION IMPACTS Short -Term Construction Vibration Impacts Project construction activities have the potential to generate ground -borne vibration and result in construction vibration impacts that include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. The vibration level at which human annoyance is perceived is 0.2 inch per second PPV. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 25 feet from most construction vibration sources. This distance can vary substantially depending on the soil composition and underground geological layer between the vibration source and the receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment. The FTA architectural damage criterion for continuous vibrations of 0.3 in/sec PPV for engineered concrete and masonry (refer to Table 4.13-2) is used because the closest structures to the Project Site are institutional use buildings. The nearest sensitive receptor building is located approximately 225 feet to the east of the Project construction activities. As such, vibration impacts are analyzed at 225 feet to evaluate the architectural building damage criterion. Groundborne vibration decreases rapidly with distance. As a result, vibration velocities from the construction equipment would be barely perceptible at this distance. Typical vibration produced by construction equipment is illustrated in Table 4.13-5, Typical Vibration Levels for Construction Equipment. Table 4.13-5 Typical Vibration Levels for Construction Equipment Approximate peak particle Approximate peak particle Equipment velocity at 25 feet inch/sec velocity at 225 feet inch/sec 1 Large bulldozer 0.089 0.0033 Loaded trucks 0.076 0.0028 Small bulldozer 0.003 0.0001 Notes: 1. Calculated using the following formula: PPV equip = PPV ref (25/D)'' where: PPV equip = the peak particle velocity in in/sec of the equipment adjusted for the distance PPV ref = the reference vibration level in in/sec from Table 7-4 of the FTA Transit Noise and Vibration Impact Assessment Guidelines D = the distance from the equipment to the receiver Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, September 2018. July I y Council 28 — 146 8/6/202 e 83 South Coast Technology Center Project CEQA Exemption 15183 As shown in Table 4.13-5, vibration velocities from typical heavy construction equipment operation would range from 0.003 to 0.089 inch/second PPV at 25 feet from the source of activity. The nearest structure to the Project Site is the existing institutional use building located approximately 225 feet to the east of the Project Site. Table 4.13-5 shows that the vibration level during the operation of construction equipment would be approximately less than 0.0001 inch/second PPV to 0.0033 inch/second PPV at 225 feet. As a result, construction groundborne vibration would not exceed the 0.2 inch per second PPV significance threshold for human annoyance or 0.3 inch/second PPV significance threshold for building damage at the nearest structures. It should be noted that GPU PEIR MM N-2, which applies to projects utilizing pile driving during construction, and GPU PEIR MM N-3, which applies to residential projects located within 200 feet of existing railroad lines, are not applicable to the Project since the Project would not include pile driving and is not a residential project. In addition, the Noise and Vibration Assessment prepared for the Project (Attachment J) satisfies the requirements of GPU PEIR MM N-4, which requires industrial projects subject to CEQA to conduct a noise and vibration analysis. Therefore, vibration impacts would be less than significant impact during construction. Long -Term Operational Vibration Impacts The proposed industrial uses on the Project Site would not generate groundborne vibration that could be felt by the nearest sensitive receptors. However, heavy duty trucks associated with operation of the proposed Project would occasionally travel through the surrounding roadways. According to the FTA, it is unusual for vibration from sources, such as buses and trucks, to be perceptible, even in locations close to major roads.36 As such, it can be reasonably inferred that operation of the proposed Project would not create perceptible vibration impacts to the nearest sensitive receptors. Therefore, vibration impacts related to human annoyance and building damage during operation would be less than significant. Summary of Project -Generated Vibration Impacts Based on the above, the Project's construction and operational vibration impacts would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the Project's construction and operational vibration impacts would be less than significant with mitigation incorporated. Therefore, no new project -specific mitigation measures are required. EXCESSIVE NOISE NEAR AIRPORTS The nearest airport to the Project Site is the John Wayne Airport located approximately 2.9 miles to the southeast. The Project Site is not located within two miles of the airport. Additionally, the Project Site is not located within the vicinity of a private airstrip or related facilities. Therefore, Project implementation would not expose people residing or working in the Project area to excessive noise levels associated with aircraft. As such, the impacts would be less than significant. Based on the above, impacts related to airport noise would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the airport noise impacts would be less than significant. Therefore, no new project -specific mitigation measures are required. 36 Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground -borne Vibration and Noise, September 2018. July I y Council 28 — 147 8/6/202 e 84 South Coast Technology Center Project CEQA Exemption 15183 4.13.3 Conclusion The Project is consistent with buildout of the General Plan Update. Upon implementation of RR NOI-1 through RR NOI-3 and GPU EIR MM N-1 and MM N-4, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to noise and vibration than anticipated by the GPU PEIR. 4.13.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR NOI-1: California Building Code: The California Building Code (CBC), Title 24, Part 2, Volume 1, Chapter 12, Interior Environment, Section 1207.11.2, Allowable Interior Noise Levels, requires that interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. The noise metric is evaluated as either the day -night average sound level (Ldn) or the community noise equivalent level (CNEL), consistent with the noise element of the local general plan. The State of California's noise insulation standards for non-residential uses are codified in the California Code of Regulations, Title 24, Building Standards Administrative Code, Part 11, California Green Building Standards Code (CALGreen). CALGreen noise standards are applied to new or renovation construction projects in California to control interior noise levels resulting from exterior noise sources. Proposed projects may use either the prescriptive method (Section 5.507.4.1) or the performance method (Section 5.507.4.2) to show compliance. Under the prescriptive method, a project must demonstrate transmission loss ratings for the wall and roof -ceiling assemblies and exterior windows when located within a noise environment of 65 dBA CNEL or higher. Under the performance method, a project must demonstrate that interior noise levels do not exceed 50 dBA Leq(1 hr). RR NOI-2: Construction Noise Sources: Section 18-314(e) of the Santa Ana Municipal Code prohibits construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. RR NOI-3: Stationary Noise Sources: Section 18.312 of the Santa Ana Municipal Code establishes standards for stationary noise sources. MM N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. July i y Council 28 — 148 8/6/202 e 85 South Coast Technology Center Project CEQA Exemption 15183 • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise -sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. MM N-4: During the project -level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. July i y Council 28 — 149 8/6/202 e 86 South Coast Technology Center Project CEQA Exemption 15183 4.14 Population and Housing 4.14.1 GPU PER Findings The GPU PER concluded that full buildout of the General Plan Update would result in a population of 431,629 and the City's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Government (COG) 2045 population projections for the City. Furthermore, it is anticipated that General Plan Update buildout would result in 115,053 dwelling units, which exceeds the Orange County COG's housing projections for the City by 38 percent. The GPU PER stated that development based on the General Plan Update's land use designations would result in a jobs -housing ratio of 1.5, which is lower than the City's existing ratio (2.0) and the ratio projected by Orange County COG (2.1). A ratio of 1.5 would bring the City closer to a more equal distribution of employment and housing. Thus, the GPU PEIR determined the population growth resulting directly from the proposed GPU would be offset by the increase of employment opportunities provided to the City's residents and workers commuting into Santa Ana. The GPU PER concluded that impacts related to unplanned population growth are considered potentially significant. However, there are no feasible mitigation measures to mitigate the population and housing growth anticipated for the buildout of the General Plan Update. Thus, impacts related to a substantial increase in unplanned population growth were determined to be significant and unavoidable. According to the GPU PER, the General Plan Update would change the land use designations of 839.7 acres of existing nonresidential land uses to residential uses. Thus, the General Plan Update would provide for additional residential opportunities in areas that currently do not allow residential uses. As such, the General Plan Update would not displace people and/or housing and no impacts would occur. 4.14.2 Project Analysis The Project proposes to demolish three office buildings to construct three new industrial buildings for office, manufacturing, and/or warehouse use. Once constructed, the three new industrial buildings would total 313,244 square feet and would generate 425 employees based on estimates provided by the Project applicant. It is anticipated that some of the workforce would be filled by individuals who live in the City, as 20 percent of residents who live in Santa Ana also work in the City,37 or nearby, as 65 percent of residents work in Orange County, 38 thus not inducing substantial population growth. A portion of the workforce could also be drawn from individuals who relocate closer to the Project Site. However, even assuming that all 425 individuals would relocate to the City or neighboring cities, the potential growth associated with operation of the proposed Project in the opening year of 2026 would only constitute 0.005 percent of employment growth when compared to the SCAG region, which has a projected employment of 9,373,688 for 2026.39 Therefore, the Project would not directly or indirectly result in substantial unplanned population growth. Moreover, as the proposed Project would provide additional jobs in the City, it would improve the jobs -housing ratio determined in the GPU PER and help offset residential 37 Southern California Association of Governments (SCAG), Local Profiles Report, Profile of the City of Santa Ana, May 2019, https://scag.ca.-Qov/sites/main/files/file-attachments/santaana local profile. pdf?1606012682, accessed June 5, 2024. 38 SCAG, Local Profiles Report, Profile of Orange County, May 2019, https://scag.ca.gov/sites/main/files/file- attachments/orangecountylp.pdf?1606012194, accessed June 5, 2024 39 According to Table 3.1, Comparing 30 Years of Growth: Past and Future, of Connect SoCal 2024, the SCAG region has a projected employment of 9,855,000 in 2035. The employment growth projection for 2026 is based on a straight line interpolation from 2019 to 2035. July I y Council 28 — 150 8/6/202 e 87 South Coast Technology Center Project CEQA Exemption 15183 population growth impacts resulting from implementation of the General Plan Update. Thus, the Project impacts related to substantial unplanned population growth would be less than significant. Additionally, the Project Site does not currently contain any residential uses and the proposed Project would not displace existing people or housing. Therefore, consistent with the GPU PEIR, no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to substantial unplanned population growth would be significant and unavoidable and displacement of people and housing would not occur. Therefore, no new project -specific mitigation measures are required. 4.14.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to population and housing than anticipated by the GPU PEIR. 4.14.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures No GPU PEIR regulatory requirements or mitigation measures apply. 4.15 Public Services 4.15.1 GPU PEIR Findings The GPU PEIR concluded that introduction of new structures and additional residents and workers to the City would increase the demand for fire and police protection services. However, funding for additional staff, equipment, and facilities would come from property taxes, grants, special revenue funds, and the City's general fund as future development accommodated by the General Plan Update occurs. The additional demand for fire and police protection services due to population growth generated within the City would be satisfied through these sources. Additionally, development under the General Plan Update would comply with the California Fire and Building Codes, California Health and Safety Code, City ordinances, and applicable national standards and would require approval of Building Plan Check for Site Plan and Emergency Access as well as approval of a Fire Master Plan. Moreover, as part of the project review process, the Santa Ana Police Department may require project design features to improve security on -site. Additionally, the GPU PEIR determined that some school districts within the City would have the capacity to accommodate future students generated as a result of the proposed General Plan Update. Should there be a need to expand or construct new facilities, funding for new schools would be obtained from the mitigation fee program pursuant to SB 50, and state and federal funding programs. Pursuant to Section 65996 of the Government Code, payment of school fees is deemed to provide full and complete school facilities mitigation (RR SS-1). Further, while library services would also experience an increase in demand, property taxes and library fines and fees are expected to offset this increased demand. Overall, impacts related to public services would be less than significant. July i y Council 28 — 151 8/6/202 e 88 South Coast Technology Center Project CEQA Exemption 15183 4.15.2 Project Analysis As discussed in Section 4.14, Population and Housing, the Project is not a residential project that would generate population growth. However, the Project would generate 425 employees, which would increase the daytime population on the Project Site and the corresponding demand for fire and police protection services. The proposed Project would comply with the California Fire and Building Codes, California Health and Safety Code, City ordinances, and applicable national standards and would require approval of Building Plan Check for Site Plan and Emergency Access as well as approval of a Fire Master Plan. The proposed Project would include gated driveways and security cameras, which would provide site security and minimize the demand for police services. Additionally, the proposed Project would comply with RR FP-1, which would ensure that the proposed Project would meet the fire regulations outlined in California Health and Safety Code. The Project would also generate property tax which further fund fire and police protection services. Therefore, consistent with the General Plan Update, impacts related to fire and police protection services would be less than significant. As the Project is not a residential project and it is anticipated that workers for the Project would be drawn from the existing City and regional workforce, the proposed Project would not generate school -aged children or a population that would increase demand for library services. As stated in the GPU PEIR, funding for school services would be obtained from the fee program pursuant to SB 50 and state and federal funding programs; funding for library services comes primarily from property taxes and library fines and fees collected from patrons, and state, federal, or government aid. The Project would pay fees pursuant to SB 50 (RR SS-1) and property taxes, which would offset any nominal demand for school or library services create by the Project. Therefore, consistent with the General Plan Update, impacts related to school and library services would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to public services would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.15.3 Conclusion The Project is consistentwith the General Plan Update. With implementation of RR FP-1 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off - site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to public services than anticipated by the GPU PEIR. 4.15.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR FP-1 New buildings are required to meet the fire regulations outlined in California Health and Safety Code (Sections 13000 et seq.). RR SS-1 New residential and commercial authorized by Section 65996 of the complete school facilities mitigation.' development shall pay development fees California Government Code to be "full and July i y Council 28 — 152 8/6/202 e 89 South Coast Technology Center Project CEQA Exemption 15183 4.16 Recreation 4.16.1 GPU PEIR Findings The GPU PEIR states that the City has existing park deficiencies and concluded that buildout of the General Plan Update would exacerbate the existing shortage based on the projected population growth and scale of development in park deficient areas. The GPU PEIR determined that buildout of the General Plan would generate the demand for approximately 564 acres of parkland and recreational facilities. Without acquisition of new parkland, population growth related to buildout of the General Plan Update would equate to 1.20 acres per 1,000 residents, which is 0.80 acres below the City's parkland standard. The deficiency would be reduced by park and recreational amenities developed and maintained by the City in addition to private parks and recreational facilities owned and maintained by homeowner associations. Future development in accordance with the General Plan Update would be required to dedicate land or pay in -lieu impact fees per SAMC Chapter 34, Article VIII, and SAMC Chapter 35, Article IV, as well as the Quimby Act. The collected park development impact fees would fund future park acquisition and development and assist the City in achieving the parkland standard of two acres per 1,000 residents. The lack of existing parks is particularly apparent for the 55 Fwy/Dyer Road focus area. To address potential impacts to existing parks within 0.5-mile of the focus area, GPU PEIR MM REC-1 is included, which would require preparation of a public park utilization study for new residential development within the 55 Fwy/Dyer Road focus area, followed by further mitigation for incremental cumulative impacts. However, impacts would remain significant and avoidable even with mitigation. The City is essentially built -out and very limited vacant land is available to be developed with new recreational opportunities, new or expanded facilities would need to occur outside of park - designated parcels which may have an adverse physical effect on the environment, including impacts relating to air quality, biological resources, lighting, noise, and traffic. Although construction and/or expansion of new parks and recreation facilities would be subject to General Plan Update policies and implementation actions, regulatory requirements, and future, project - specific environmental review under CEQA, the GPU PEIR concluded that development of such facilities could result in significant and unavoidable impacts. The GPU PEIR determined that development of such facilities could result in significant and unavoidable impacts. 4.16.2 Project Analysis As discussed in Section 4.14, Population and Housing, the Project is not a residential project that would generate population growth. The Project would generate 425 employees and it is anticipated that these employees would be drawn from the existing City or region workforce. The Project's employees would not be expected to utilize existing parks or recreational facilities during work hours. Moreover, the proposed Project would provide 2,812 square feet of outdoor patio area for employee use during breaks. As such, the Project would not cause or accelerate substantial physical deterioration of existing parks or other recreational facilities nor include or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment and no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to parks and recreational facilities would be significant and unavoidable. Therefore, no new project -specific mitigation measures are required. July i y Council 28 — 153 8/6/202 e 90 South Coast Technology Center Project CEQA Exemption 15183 4.16.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to recreation than anticipated by the GPU PEIR. 4.16.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: No GPU PEIR regulatory requirements or mitigation measures apply. 4.17 Transportation 4.17.1 GPU PEIR Findings The GPU PEIR determined that buildout of the General Plan Update would not conflict with a program, plan, ordinance, or policy addressing the circulation system with implementation of RR T-1. RR T-1 requires the City to design and operate a balanced multimodal circulation system network with all users in mind including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities. The General Plan Update incorporates future networks and policies related to supporting transit, bicycles, and pedestrians in the City, which are consistent with regional and local planning efforts supporting these modes of travel. The GPU PEIR also determined that implementation of the General Plan Update would result in a reduction of VMT per service population in comparison to existing conditions at the time the GPU PEIR was prepared and would achieve a VMT per service population of at least 15 percent lower than the County VMT per service population. In addition, the GPU PEIR also determined that buildout of the General Plan Update would not substantially increase hazards due to a geometric design feature or result in inadequate emergency access with compliance with the City's circulation plan and roadway design guidelines, the California Manual of Uniform Traffic Control Devices design guidelines, the policies in the City's Mobility Element, and with implementation of RR T-2. RR T- 2 requires projects pursuant to the General Plan Update to implement fire protection requirements as detailed in the Orange County Fire Authority's (OCFA) Fire Prevention Guidelines and the California Fire Code. Overall, impacts related to transportation were determined to be less than significant. 4.17.2 Project Analysis CONSISTENCY WITH APPLICABLE PROGRAM, PLAN, ORDINANCE, OR POLICY The Project does not propose changes to the existing circulation system in the Project area. Pedestrian circulation for the proposed Project would continue to be provided via existing public sidewalks along Lake Center Drive and Susan Street within the vicinity of the Project Site. There are no bike paths, bike lanes, or bus routes along Lake Center Drive and South Susan Street adjacent to the Project Site. Additionally, based on the existing traffic and pedestrian volumes, current intersection geometrics, and review of the accident data, the installation of a traffic signal at the intersection of Alpine Street/Lake Center Drive at MacArthur Boulevard would not be warranted.ao,a, Moreover, according to SAMC Chapter 36, Article XIII, Transportation 40 Linscott, Law & Greenspan, Engineers, Traffic Signal Warrant Analysis for Alpine Street/Lake Center Drive at MacArthur Boulevard, January 19, 2024. 41 The Traffic Signal Warrant Analysis was conducted for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the analysis, the total building square footage has been reduced to 313,244 square feet. Therefore, the Project's analysis is conservative. July I y Council 28 — 154 8/6/202 e 91 South Coast Technology Center Project CEQA Exemption 15183 Management, any developments with more than 250 employees would be required to prepare a Transportation Demand Management (TDM) plan. The proposed Project would result in approximately 425 employees and would be required to prepare a TDM plan to reduce demand on the circulation system by promoting alternative modes of transportation, reducing or limiting the number of vehicle trips, and implementing other strategies to reduce the demand on the circulation system. The TDM plan for the proposed Project would be required to comply with standards and regulations listed within the SAMC. Thus, the proposed Project would not conflict with any program, plan, ordinance, or policy addressing the circulation system and impacts would be less than significant. VMT ASSESSMENT According to the City of Santa Ana Traffic Impact Study Guidelines (City Traffic Guidelines), a project can be presumed to have a less -than -significant VMT impact if the project satisfies one of the following screening criteria: 42 • Projects which serve the local community and have the potential to reduce VMT, such as neighborhood K-12 schools and local -serving retail less than 50,000 sq. ft. (Charter schools are excluded from this criteria). • Projects that generate less than 110 net daily trips. • Projects located within Transit Priority Areas (TPAs); refer to City Traffic Guidelines Appendix A, Santa Ana Transit Priority Areas. • Projects located in a low-VMT generating Traffic Analysis Zone (TAZ). City Traffic Guidelines Appendix B, VMT/SP in Santa Ana as Compared to Orange County Average, shows VMT per service population in Santa Ana as compared to the County average. Low-VMT TAZs per Santa Ana's threshold of significance are any TAZs generating VMT 15 percent below the County average. The Project proposes to demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. According to the Attachment K, Trip Generation Assessment, the trip generation potential for the existing land use totals 1,930 daily trips, with 271 trips (238 inbound, 33 outbound) during the AM peak hour and 256 trips (44 inbound, 212 outbound) during the PM peak hour. The proposed Project would generate approximately 1,544 gross daily trips with 222 gross trips (169 inbound, 53 outbound) during the AM peak hour and 242 gross trips (76 inbound, 166 outbound) during the PM peak hour. Thus, the proposed Project would generate 386 fewer gross daily trips, 49 fewer gross AM peak hour trips and 14 fewer gross PM peak hour trips than existing uses. Therefore, the proposed Project would meet the screening criteria for projects that generate less than 110 net daily trips. Additionally, according to the Attachment L, Vehicle Miles Traveled (VM7) Screening Assessment for the Proposed South Coast Technology Center (VMT Assessment),43 prepared by Linscott, Law & Greenspan, Engineers (LLG) dated February 29, 2024, the Project Site is located within a TPA, which is defined as a 0.5-mile radius around an existing or planned major transit stop (e.g., Metrolink Station, Streetcar Station, etc.) or an existing stop along a high -quality transit corridor. 42 City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. 43 The VMT Assessment was conducted for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the analysis, the total building square footage has been reduced to 313,244 square feet. Therefore, the VMT assessment is conservative. July I y Council 28 — 155 8/6/202 e 92 South Coast Technology Center Project CEQA Exemption 15183 Further, the Project is consistent with the land uses in the 2020-2024 RTP/SCS, which assumed the Project Site would be built out with an industrial use. Thus, the Project also meets the screening criteria related to projects located within TPAs. Overall, the Project meets two of the VMT screening requirements and thus, no VMT analysis would be required. Accordingly, the Project's VMT impact is presumed to be less than significant. HAZARDS AND EMERGENCY ACCESS The Project would not introduce incompatible uses to area roadways. Site access would not change as part of the proposed Project. Similar to existing conditions, the Project Site would be accessible from driveways along Lake Center Drive and South Susan Street. Project driveways and internal roadways would be designed to meet City standards. Additionally, the proposed Project would not require any full road closures during Project construction. Emergency access to the Project Site and within the surrounding area would be maintained during construction and operation of the Project. Furthermore, pursuant to RR T-2, the Project would be required to implement OCFA's fire protection requirements to ensure that the Project would not adversely affect emergency vehicle access. Therefore, impacts related to hazards and emergency access would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to consistency with a circulation plan, program, ordinance, or policy; VMT; hazards; and emergency access would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.17.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe transportation impacts than anticipated by the GPU PEIR. 4.17.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR T-2 Projects pursuant to the General Plan Update will implement fire protection requirements as detailed in the Orange County Fire Authority's Fire Prevention Guidelines and in the California Fire Code. 4.18 Tribal Cultural Resources 4.18.1 GPU PEIR Findings As discussed in the GPU PEIR, the City consulted with applicable Native American tribes in accordance with SB 18 and AB 52 and determined that future development allowed under the General Plan Update could potentially impact and cause significant adverse impacts to portions of the City with sensitivity to tribal cultural resources. The GPU PEIR MM CUL-4 through MM CUL-7 were included to reduce such impacts. Specifically, GPU PEIR MM CUL-4 requires an Archaeological Resources Assessment for projects with ground disturbance to be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Further, if unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey is required. If potentially significant July i y Council 28 — 156 8/6/202 e 93 South Coast Technology Center Project CEQA Exemption 15183 archaeological resources are identified and impacts cannot be avoided, GPU PEIR MM CUL-5 requires a Phase II Testing and Evaluation investigation to be performed by an archaeologist meeting the Secretary of the Interior's Standards to determine the significance of the resource(s), and site -specific mitigation measures to be developed for significant resources. Per GPU PEIR MM CUL-6, if the Archaeological Resources Assessment does not identify archaeological resources but indicates the project area is highly sensitive for archeological resources, a qualified archaeologist and a Native American monitor culturally affiliated with the project area must monitor all ground -disturbing activities in the areas of high archaeological sensitivity. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery must halt while the resources are evaluated for significance by a qualified archaeologist. Pursuant to GPU PEIR MM CUL-7, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources, an archaeologist meeting the Secretary's Standards must be retained on -call. The archaeologist must inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. According to the GPU PEIR, impacts related to tribal cultural resources would be reduced to less -than -significant levels with implementation of GPU PEIR MM CUL-4 through MM CUL-7. 4.18.2 Project Analysis The following section evaluates potential impacts to tribal cultural resources that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment M, Tribal Cultural Resources Identification Memorandum (Tribal Cultural Resources Memorandum). Additionally, as discussed above in Section 3, California Environmental Quality Act Regulatory Setting, the proposed Project qualifies for an exemption under CEQA Guidelines Section 15183. Therefore, no formal government -to -government consultation pursuant to AB 52 is required for the proposed Project. Based on the Tribal Cultural Resources Memorandum, the Project Site is located in a region traditionally important to multiple Native American groups. In particular, these include the Gabrielino (including the Tongva and Kizh), the Juaneno or Acjachemen, and the Luiseno. In March 2024, a Native American Heritage Commission search of the Sacred Lands File for any Native American cultural resources that might be affected by the Project yielded negative results. Moreover, as discussed in Section 4.5, Cultural Resources, a records search of the Project Site and a half -mile search radius identified five resources within the Project area, none of which are located within or adjacent to the Project Site. An archaeological field survey conducted in February 2024 identified two marine shell scatters along the northeast portion of the Project Site's vacant parcel; none of the shell observed on -site showed any sign of burning or other cultural modification. No prehistoric artifacts were observed, either within or outside the shell scatters anywhere on the Project Site. Based on the results of the field survey, a follow-up visit occurred to conduct limited subsurface testing to understand the origin of the shell scatters and determine whether the shell is an archaeological resource. Based on the collective evidence from the geotechnical trenching and the archaeological shovel test pits, it was concluded that the shell scatters do not constitute an archaeological site. All the observed shell and shell fragments are unmodified. All the documented shell and shell fragments were located at or within 10 cm of the surface, within artificial fill. No prehistoric artifacts were observed anywhere in the Project Site. The collective evidence is that the shells and shell fragments were brought in with imported fill and dumped at the site relatively recently. Thus, the shell scatters are not part of a prehistoric deposit and are not historical resources as defined by CEQA Section 15064.5(a). July i y Council 28 — 157 8/6/202 e 94 South Coast Technology Center Project CEQA Exemption 15183 The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. The majority of the excavation for the proposed buildings would require over - excavation for the building pads at a depth of approximately 5 to 8 feet. Trenches for utility connections would require a maximum excavation depth of 14 feet. Based on the Tribal Cultural Resources Memorandum, sensitivity for cultural resources consisting of archaeological sites is considered low at and near the surface but increases to moderate with depth. The late nineteenth to early twentieth century bed of the Santa Ana River was located approximately 0.6 miles to the northwest and would have provided abundant resources to area inhabitants. As the river meandered and changed its course, it or its tributaries may have been located closer to the Project area at times. These conditions heighten the sensitivity of the Project area for buried cultural resources. However, the Project area has an extensive history of recent disturbances. East of Susan Street, the Project Site is entirely developed by the construction of multi -storied office buildings, a pond, and parking lots. Building methods at the time, and the installation of associated utilities, would have resulted in the disturbance of archaeological sites buried at shallow depths. West of Susan Street, geotechnical testing indicates that a layer of imported fill, ranging from 3 to 4.5 feet thick, covers the entire Project Site. However, buried resources may remain in areas where developments such as parking lots or structures with shallow foundations have required only minimal ground disturbance, or below the existing imported fill. Therefore, the sensitivity of the Project area at the surface and near surface is low due to past disturbances. However, excavations for the Project are anticipated to disturb a large part of the Project Site to points below the level of existing fill and other disturbances. The sensitivity for potential buried prehistoric archaeological sites is moderate in these undisturbed soils. Therefore, consistent with the GPU PEIR, the proposed Project would implement GPU PEIR MM CUL-7 since the Cultural Memorandum did not identify potentially significant resources but portions of the Project Site with undisturbed soils has been determined to be moderately sensitive for buried resources. With implementation of GPU PEIR MM CUL-7, impacts would be reduced to less -than -significant levels. Additionally, in the event that human remains are uncovered during ground disturbing activities, the Project would be required to comply with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 to ensure that Project impacts to human remains would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts would occur compared to the determinations of the GPU PEIR, which concluded that impacts to tribal cultural resources would be less than significant with mitigation incorporated. Therefore, no new project -specific mitigation measures are required. 4.18.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR CUL-1 and GPU PEIR MM CUL-7 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe tribal cultural resources impacts than anticipated by the GPU PEIR. July i y Council 28 — 158 8/6/202 e 95 South Coast Technology Center Project CEQA Exemption 15183 4.18.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.5, Cultural Resources, for RR CUL-1 and MM CUL-7. 4.19 Utilities and Service Systems 4.19.1 GPU PEIR Findings The GPU PEIR concluded that buildout of the General Plan Update would increase sewer flows and sewer upgrades may be needed to achieve optimal hydraulic capacity. However, the City's Sewer Master Plan and Capital Improvement Program process would adequately prioritize necessary projects as developments under the General Plan Update occur. Additionally, as described in the GPU EIR any project within the City and under the GPU that goes through the entitlement process would be required to perform a sewer monitoring study with submittal and review of the study by City staff. If the sewer system is found to be deficient, the developer would be required to upsize the portion of the sewer pipe within the frontage of their property in accordance with City standards and could pay for the upsize through agreements with the Orange County Sanitary District (OCSD). The GPU PEIR also concluded that OCSD wastewater treatment plants would have the capacity to accommodate the increased flows generated by the buildout of the General Plan Update. Additionally, the GPU PEIR states that that any sewer utility infrastructure improvement would be designed, constructed, and operated in accordance with the City's Design Guidelines for Water and Sewer Facilities, and development would be required to abide by the requirements of OCSD's ordinances and wastewater discharge requirements of the NPDES permit. Overall, with compliance with General Plan Update policies related to wastewater and implementation of RR U-1 through RR U-3, impacts related to wastewater infrastructure and wastewater treatment facilities were determined to be less than significant. The GPU PEIR concluded that buildout of the General Plan Update would increase water demand, but the City would have adequate capacity for the proposed increases in water demand across the City and adequate supplies from the City, Orange County Water District, and Metropolitan Water District of Southern California to meet the increased demand. Furthermore, policies in the General Plan Update encourage business and industry to improve their performance in water conservation, promote the implementation of cost-effective conservation strategies and programs that increase water -use efficiency, and encourage and educate residents, business owners, and operators of public facilities to use water wisely and efficiently. Policies also promote the maintenance and upgrade of water infrastructure through impact fees from new development and use of drought -tolerant landscape. Overall, with compliance with General Plan Update policies related to water and implementation of RR U-5 through RR U-7, impacts related to water infrastructure and supply were determined to be less than significant. The GPU PEIR concluded that, while the City is largely developed, buildout of the General Plan Update would result in vacant lots being developed into higher -intensity uses that could increase peak -flow runoff. However, the City has policies in place for reviewing and permitting new developments, which includes review of potential increases in runoff. Policies in the General Plan Update also encourage site drainage features that reduce impermeable surface area, increase surface water infiltration, and minimize surface water runoff during storm events on private and public developments. Overall, with compliance with General Plan Update policies related to drainage and stormwater and implementation of RR U-8.1, RR HYD-1, and RR HYD-4, impacts related to stormwater drainage were determined to be less than significant. July i y Council 28 — 159 8/6/202 e 96 South Coast Technology Center Project CEQA Exemption 15183 The GPU PEIR concluded that waste generated by buildout of the General Plan Update could be accommodated by existing facilities. Additionally, all development pursuant to the General Plan Update would comply with the CALGreen Code, which requires that at least 65 percent of nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse. Policies in the General Plan Update also encourage land uses and strategies that reduce waste generation and support infill development projects that provide adequate and creative solutions for waste and recycling collection activities. Overall, with compliance with General Plan Update policies related to solid waste and implementation of RR U-7 and RR U-8.2, impacts related to solid waste were determined to be less than significant. As stated in the GPU PEIR, the forecasted increase in electricity and natural gas demand for the plan area is well within the forecasted demand in Southern California Edison's and Southern California Gas Company's service area, respectively. Furthermore, development pursuant to the General Plan Update would be required to comply with energy efficiency standards, appliance efficiency regulations, CALGreen, and policies of the General Plan Update for energy -efficient building design and maintenance practices. Therefore, the GPU EIR concluded that impacts related to other utilities, including electric power, natural gas, and telecommunications facilities would be less than significant. 4.19.2 Project Analysis The Project proposes to demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. According to the Attachment N, Water Supply & Sewer Demand Assessment, prepared by Incledon Consulting Group, dated January 10, 2024, the proposed fixture units (i.e., drinking fountains, toilets, sinks) associated with the three new industrial buildings would result in a nearly 40 percent reduction in demand for water due to the change in building usage from office to industrial use. Thus, there would also be large reduction in wastewater. The proposed Project would connect to existing wastewater distribution and treatment infrastructure, which would have the capacity to serve the Project's reduced demand in addition to existing service commitments and would not require the expansion of existing facilities. Compliance with RR U-2 would ensure that OCSD connection fees are paid in accordance with Ordinance No. OCSD-40. Thus, Project impacts related to wastewater infrastructure and treatment would be less than significant and less than the impacts disclosed in the GPU PER. As stated above, the proposed Project would result in a nearly 40 percent reduction in water use due to the change in building usage from office to industrial use. The proposed Project would also require water for landscaping; however, water use for landscaping would be minimal as the proposed Project would use drought -tolerant landscape. Additionally, the proposed Project would comply with RR U-5, which requires the Project to be designed pursuant to the water conservation and efficiency requirements of the SAMC, and RR U-6, which requires payment of water connection fees. Since the Project Site's water demand would be significantly reduced compared to existing conditions, the City's existing water infrastructure and supplies would be sufficient to serve the Project. As such, the Project impacts related to water infrastructure and supply would be less than significant and less than the impacts discussed in the GPU PER. As discussed in Section 4.10, Hydrology and Water Quality, the Project would introduce a new use to the Project Site (i.e., industrial/warehousing), and thus, would be required to comply with the requirements of the General Industrial Permit and RR HYD-2. A preliminary WQMP has been prepared for the proposed Project to comply with the requirements of the County's NPDES Stormwater Program (RR HYD-4) and to be consistent with the Orange County Drainage Area July i y Council 28 — 160 8/6/202 e 97 South Coast Technology Center Project CEQA Exemption 15183 Management Plan. The WQMP describes site design and drainage. Moreover, according to Attachment I, Preliminary Drainage and Hydrological Study, the proposed Project would increase imperviousness but due to modifications in stormwater flow paths within the Project Site, peak runoff produced from the site is expected to decrease or remain the same as existing conditions. The Drainage Study determined that the proposed Project has been designed to effectively capture and convey the Project's storm water to the existing/public systems during a 10-year storm, utilizing a new on -site storm drain system that would collect surface water from the on -site BMP catch basins. The system would continue the flow patterns of the existing conditions by utilizing the street's infrastructure and an on -site storm drain system. Therefore, consistent with the General Plan Update, impacts related to stormwater drainage would be less than significant. Regarding solid waste, the proposed Project would include the demolition of existing buildings and pavement on -site, which would generate 8,400 tons of crushed concrete and 2,100 tons of crushed a/c paving during construction. The proposed Project would minimize construction waste by complying with the CALGreen Code, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills (RR U-7). During operation, the proposed Project would also generate waste typical of industrial and warehouse uses. Any recyclable or green waste would be diverted from landfills, in compliance with RR U-8 and AB 341. As discussed in the GPU PEIR, existing landfills have adequate capacity to serve the City, including the proposed Project. Therefore, consistent with the General Plan Update, impacts related to solid waste would be less than significant. The proposed Project would require electricity for construction and operation of the Project. The proposed Project would not use natural gas during operation and natural gas is generally not required to power construction equipment. As summarized under Section 4.6, Energy, the Project would not result in substantial energy consumption. The proposed Project would also comply with existing regulatory requirements, including the 2022 Title 24 Building Energy Efficiency Standards. The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Specifically, the Project would install energy efficient appliances (RR U-11), and high efficiency lighting that would exceed the 2022 Title 24 standards by 10 percent (RR U-10). Additionally, the Project would be required to pay connection and ongoing user fees to SCE and SoCalGas to offset Project impacts on existing dry utility services and resources. Thus, impacts with regards to other utilities would be less than significant. Therefore, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to water supply, wastewater treatment, storm water drainage, solid waste, and other utilities would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.19.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR U-2, RR U-5, RR U-6, RR U-7, RR U-8.1, U-8.2, RR U-10, RR U-11, RR E-1 through RR E-5, RR E-7, RR HYD- 1, RR HYD-2, RR HYD-4, and RR HYD-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts the GPU PEIR failed to analyze, and there are no new significant or substantially more severe impacts to utilities and service systems than anticipated by the GPU PEIR. July i y Council 28 — 161 8/6/202 e 98 South Coast Technology Center Project CEQA Exemption 15183 4.19.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.6, Energy, for RR E-1 through RR E-5 and RR E-7, and Section 4.10, Hydrology and Water Quality, for RR HYD-1, RR HYD-2, RR HYD-4, and RR HYD-5. RR U-2 Any new connections to the Orange County Sanitation District system or expansion of a previous connection shall pay a capital facilities charge in accordance with Ordinance No. OCSD-40. RR U-5 Any development implemented under the General Plan Update shall abide by the water conservation and efficiency requirements detailed in Chapter 8, Article XVI, Chapter 39, Article VI and Chapter 41, Article XVI of the Santa Ana Municipal Code. RR U-6 Water connection fees shall be paid in accordance with Chapter 39, Article I I of the City's Municipal Code and plumbing shall be installed in compliance with Chapter 8, Article III. RR U-7 All development pursuant to the General Plan Update shall comply with Section 4.408 of the 2019 California Green Building Code Standards, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills. RR U-8.144 Storm drain shall be installed in compliance with Chapter 8, Article III, of the Santa Ana Municipal Code. RR U-8.234 All development pursuant to the General Plan Update shall store and collect recyclable materials in compliance with Assembly Bill 341. Green waste will be handled in accordance with Assembly Bill 1826. RR U-10 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). RR U-11 All new appliances would comply with the 2012 Appliance Efficiency Regulations (Title 20, California Code of Regulations, Sections 1601 through 1608) 4.20 Wildfire 4.20.1 GPU PEIR Findings As stated in the GPU PEIR, the City does not contain any very high fire hazard severity zones (VHFHSZ). The CEQA Guidelines require analysis of wildfire risk in state responsibility areas (SRAs) and/or lands classified as VHFHSZs. According to the GPU PEIR, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about four miles east along the western edge of Loma Ridge. The nearest FHSZ in a local responsibility area (LRA) is about 3.8 miles at the southern tip of the Peters Canyon Regional Park. Thus, buildout of the General Plan Update would not substantially impair an adopted emergency response plan or emergency evacuation plan, exacerbate wildfire risks thereby creating elevated particulate 44 Please note that there was an error in the numbering of RRs in the GPU EIR and two RR U-8 requirements are listed. In order to avoid confusion for the purposes of this document, we have renumbered them as RR U-8.1 and RR U-8.2. July I y Council 28 — 162 8/6/202 e 99 South Coast Technology Center Project CEQA Exemption 15183 concentration exposure to people, or expose people or structures to significant risks. While buildout of the General Plan Update would require the installation and maintenance of associated infrastructure in areas that are undeveloped or vacant, which could exacerbate fire risk, no impact would occur related to VHFHSZs. 4.20.2 Project Analysis As stated in the GPU PEIR, the City does not contain any VHFHSZ and is not in or adjacent to an SRA. Therefore, the Project Site is not in or near SRAs or lands classified as VHFHSZs. As such, consistent with the GPU PEIR, no impact related to wildfire would occur as a result of the proposed Project. 4.20.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to wildfire than anticipated by the GPU PEIR. 4.20.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: No GPU PEIR regulatory requirements or mitigation measures apply 5. Findings As discussed in Section 3.0, the proposed Project qualifies for a CEQA exemption under CEQA Guidelines Section 15183. The General Plan Update and GPU PEIR were adopted and certified by the Santa Ana City Council in 2022. The Project Site is located within the southwestern portion of the City on three parcels on the south side of Lake Center Drive in both the southeast and southwest corners of the intersection with Susan Street. The Project Site is designated Industrial (IND), which provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities. The Project Site is zoned SD-58. According to Ordinance No. NS-2089, permitted uses in the SD-58 District are professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar use. The SD-58 District also allows commercial/retail uses, including service commercial uses such as daycare centers, banks and other financial institution, delicatessens, food stores, newsstands, automobile support facilities, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, postal centers, restaurants, travel services, and other similar uses. The proposed Project would demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. To allow the use of the proposed buildings, the Project proposes to amend SD-58 to allow for industrial uses. Specifically, SD-58 would be amended to allow for the use of Limited Light Industrial uses, consistent with the General Plan Update. The Project qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183 based on the following findings: July i y Council 28 — 163 8/6/2 100 South Coast Technology Center Project CEQA Exemption 15183 (1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. Based on General Plan Update Land Use Element Figure LU-1, Land Use Map, the Project Site is designated Industrial (IND). According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the Industrial designation generally allows a maximum 0.45 floor -area -ratio (FAR) with a typical maximum building height of 35 feet. However, Table LU- 3 provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58), that allows intensities up to 0.72 FAR (see Footnote 4 of General Plan Update Land Use Element Table LU-3). Similarly, regarding height, Table LU-3 Footnote 2 explains that the actual maximum standard allowed on each site may be different than listed in Table LU-3 and that the allowable height of development on any parcel is subject to the zoning standards. SD-58 District permits a maximum FAR of 0.72 and a maximum height of 200 feet for the Project Site. The proposed Project would demolish the Lake Center Office Park and construct three new buildings totaling 313,244 square feet. The Project Site is approximately 15.8-acres. Thus, the Project would result in a 0.46 FAR. Additionally, the maximum height of the proposed buildings would be 48 feet and 4 inches. Although the Project proposes to amend SD-58 to allow for industrial uses, the Project would not change the FAR or maximum height allowed in SD-58. Thus, the proposed Project would be consistent with the development density established by the General Plan Update for SD-58. Additionally, the Project would be consistent with applicable General Plan Update Land Use Element policies as detailed in Table 4.11-1. Overall, the Project would be consistent with Criterion (1). (2) There are no project specific effects which are peculiar to the project or its site. The Project Site is located in a highly developed and urbanized area of Santa Ana. The Project Site consists of an existing 10.2-acre office park, the Lake Center Office Park, and an approximately 5.6-acre vacant field to the west of and separated from the office park by the north - south South Susan Street. The Project Site is designated Industrial (IND) and zoned SD-58. Surrounding uses adjacent to the Project Site include office, commercial, government, and recreational uses, and are designated Industrial (IND) and Professional & Administrative Office (PAO). The proposed Project would be consistent with the land use designation of the Project Site. Additionally, operation of the proposed Project as industrial buildings for office, manufacturing, and/or warehouse use would be consistent with the surrounding uses of the Project Site. As evaluated in Section 4.0, there are no Project specific effects which are peculiar to the Project or its site. Therefore, the proposed Project is consistent with Criterion (2). (3) There are no project specific impacts that were not analyzed as significant effects in the prior EIR. The GPU PEIR concluded that buildout of the General Plan Update would result in a total of 115,053 residential units and 72,967,816 square feet of non-residential development by 2045. The proposed Project, which is consistent with the General Plan Update, involves the demolition of the Lake Center Office Park and construction of three new buildings. The proposed Project would result in an increase of 135,218 square feet of non-residential uses. The Project would be consistent with the development density requirement for the IND designation and thus, was considered in the planned development of the General Plan Update and would have similar or lesser significant impacts than analyzed in the GPU PEIR. As evaluated in Section 4.0, there are no Project specific impacts which the GPU PEIR did not analyze as significant effects. Therefore, the proposed Project is consistent with Criterion (3). July i y Council 28 — 164 8/6/2 101 South Coast Technology Center Project CEQA Exemption 15183 (4) There are no potentially significant off -site and/or cumulative impacts that were not discussed in the prior EIR. As stated, buildout of the proposed Project is consistent with the General Plan Update and, thus, was considered in the GPU PER analysis. No off -site improvements are proposed in the Project area and the size and nature of the Project would not result in cumulatively considerable environmental impacts. As evaluated in Section 4.0, there are no potentially significant off -site and/or cumulative impacts from the Project which the GPU PER did not discuss. Therefore, the Project is consistent with Criterion (4). (5) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. As evaluated in Section 4.0, the proposed Project would result in similar and/or lesser impacts than the GPU PEIR. There is no substantial new information which results in more severe impacts than anticipated by the GPU PEIR. Therefore, the Project is consistent with Criterion (5). As shown, the proposed Project is consistent with the criteria in CEQA Guidelines Section 15183. As such, the proposed Project qualifies for the CEQA exemption. July i y Council 28 — 165 8/6/269 102 South Coast Technology Center Project CEQA Exemption 15183 REFERENCES Berger, Elliott H., et al., Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. California Air Resources Board, 2022 Scoping Plan, November 16, 2022. California Department of Conservation, California Important Farmland Finder, https:Hmaps. conservation.ca.gov/DLRP/ClFF/, accessed February 27, 2024. California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https://ww3.arb.ca.gov/toxics/asbestos/ofr_2000-019.pdf, accessed April 3, 2024. California State Water Resources Control Board, GeoTracker, https:Hgeotracker.waterboards.ca. gov/map/, accessed April 25, 2024. California Department of Toxic Substances Control, Envirostor, https://www.envirostor.dtsc.ca. gov/public/, accessed April 25, 2024. California Department of Transportation, California State Scenic Highway System Map, https:Hcaltrans. maps. arcgis. com/apps/webappviewer/index. html?id=465dfd3d8O7c46cc8 e8057116flaacaa, accessed April 25, 2024. California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. California Department of Transportation, Transportation Related Earthborne Vibrations, 2002. City of Santa Ana, City of Santa Ana Climate Action Plan, December 2015. City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. City of Santa Ana, City of Santa Ana Zoning Map, March 4, 2021. City of Santa Ana, General Plan Update Program Environmental Impact Report, Table 5.13-7, Population and Employment Projections for Santa Ana and Orange County, October 2021. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU- 1, Land Use Map, April 2022. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Mobility Element, accessed on April 2022. City of Santa Ana, Santa Ana Municipal Code, codified through Ordinance No. NS-3049, adopted July 18, 2023. Environmental Health Perspectives, Vehicle Motion Alarms: Necessity, Noise Pollution, or Both? https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3018517/, accessed March 20, 2024. July i y Council 28 — 166 8/6/269 103 South Coast Technology Center Project CEQA Exemption 15183 Federal Highway Administration, Roadway Construction Noise Model User's Guide Appendix A, January 2006. Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground -borne Vibration and Noise, September 2018. Geosyntec Consultants, Draft Phase I Environmental Site Assessment for 3100, 3110, and 3120 Lake Center Drive, Santa Ana 92704, April 2024. Geosyntec Consultants, Phase I Environmental Site Assessment for Undeveloped Parcel, West Lake Center Drive, Santa Ana 92704, April 2024. Incledon Consulting Group, DP 2023-37 (3100 W Lake Center Dr. — South Coast Technology Center) Water Supply & Sewer Demand Assessment, January 10, 2024. Incledon Consulting Group, Preliminary Water Quality Management Plan (WQMP) — South Coast Technology Center Development, June 6, 2024. Incledon Consulting Group, South Coast Technology Center Development Preliminary Drainage and Hydrological Study, June 2024. International Code Council, 2022 California Building Code, Title 24, Part 2, https:Hcodes.iccsafe.org/content/CABC2022P1/chapter-18-soils-and-foundations, accessed July 26, 2023. Linscott, Law & Greenspan, Engineers, Traffic Signal Warrant Analysis for Alpine StreeYLake Center Drive at MacArthur Boulevard, January 19, 2024. Linscott, Law & Greenspan, Engineers, Trip Generation Assessment for the Proposed South Coast Technology Center Project, January 2, 2024. Linscott, Law & Greenspan, Engineers, Vehicle Miles Traveled (VMT) Screening Assessment for the Proposed South Coast Technology Center - Santa Ana, CA, February 29, 2024. Michael Baker International, Air Quality Technical Memorandum — South Coast Technology Center Project, June 14, 2024. Michael Baker International, Cultural and Paleontological Resources Identification Memorandum for the South Coast Technology Center, City of Santa Ana, Orange County, California, April 10, 2024. Michael Baker International, Energy Assessment Memorandum — South Coast Technology Center Project, June 13, 2024. Michael Baker International, Greenhouse Gas Technical Memorandum — South Coast Technology Center Project, June 14, 2024. Michael Baker International, Health Risk Assessment Technical Memorandum — South Coast Technology Center Project, June 19, 2024. Michael Baker International, Noise and Vibration Assessment Memorandum — South Coast Technology Center Project, June 14, 2024. July i y Council 28 - 167 8/6/269 104 South Coast Technology Center Project CEQA Exemption 15183 Michael Baker International, Tribal Cultural Resources Identification Memorandum for the South Coast Technology Center, City of Santa Ana, Orange County, California, April 10, 2024. NMG Geotechnical, Inc., Geotechnical Design Report for Lake Center Office Park Redevelopment, South Coast Technology Center, 3100 Lake Center Drive, City of Santa Ana, California, April 18, 2024. NMG Geotechnical, Inc., Geotechnical Review of Shallow Groundwaterand Potential Dewatering during Grading and Construction, Lake Center Office Park Redevelopment Project, City of Santa Ana, California, June 12, 2024. San Joaquin Valley Air Pollution Control District, Application for Leave to File Brief of Amicus Curiae Brief of San Joaquin Valley Unified Air Pollution Control District in Support of Defendant and Respondent, County of Fresno and Real Party In Interest and Respondent, Friant Ranch, L.P. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 13, 2015. South Coast Air Quality Management District, Application of the South Coast Air Quality Management District for Leave to File Brief of Amicus Curiae in Support of Neither Party and Brief of Amicus Curiae. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 3, 2015. South Coast Air Quality Management District, Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008 South Coast Air Quality Management District, Rule 1113Architectural Coatings, http://www.agmd .gov/docs/default-source/rule-book/reg-xi/r1113.pdf, accessed June 15, 2023. Southern California Association of Governments, 2020-2045 Regional Transportation Plan/ Sustainable Communities Strategy— Connect SoCal, September 3, 2020. Southern California Association of Governments, Local Profiles Report, Profile of the City of Santa Ana, May 2019, https://scag.ca.gov/sites/main/files/file-attachments/santaana—local profile. pdf?1606012682, accessed June 5, 2024. Southern California Association of Governments, Local Profiles Report, Profile of Orange County, May 2019, https:Hscag.ca.gov/sites/main/files/file-attachments/orangecountylp.pdf?1606 012194, accessed June 5, 2024U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl.usace.army.mil/Media/News-Releases/Article/l 849301 /corps- reclassifies-prado-dam-implements-risk-reduction-measures/, May 15, 2019. U.S. Fish and Wildlife Service. Critical Habitat for Threatened and Endangered Species Online Mapper, https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265 ad4fe09893cf75b8dbfb77, accessed April 25, 2024. U.S. Fish and Wildlife Service. National Wetlands Inventory Wetlands Mapper. https://fwsprimary .wim.usgs.gov/wetlands/apps/wetlands-mapper/, accessed April 25, 2024. July i y Council 28 — 168 8/6/2 10' This page is intentionally left blank. City Council 28 — 169 8/6/2024 EXHIBIT 6 The South Coast Technology Center California Environmental Quality Act (CEQA) Exemption 15183 Environmental Documentation Technical Appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or https://www.santa-ana.org/south-coast-technology-center-3100-3110-3120-west-lake-center-drive/ City Council 28 — 170 8/6/2024 www.FinanceDTA.com FISCAL IMPACT ANALYSIS REPORT EPD SOLUTIONS, INC. PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA May 13, 2024 Public Finance Public -Private Partnerships Development Economics Clean Energy Bonds dta www.FinanceDTA.com/18201 Vpn Kerman Avenue, Suite 220 e, CA 92612 EPD SOLUTIONS, INC. FISCAL IMPACT ANALYSIS REPORT PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Meaghan Truman City Council 28 — 172 8/6/2024 TABLE OF CONTENTS SECTION PAGE I EXECUTIVE SUMMARY...................................................1 A Purpose of the Study..........................................................1 B Fiscal Impacts on the City Evaluated in This Study .................................... Error! Bookmark not defined. C Description of the Project.................................................1 D Conclusions of the Fiscal Impact Analysis ("FIA")..................................................................................... 3 II INTRODUCTION..............................................................4 A Scope and Methodology e Recurring Fiscal Impacts.................................................................................. 4 B Major Assumptions and Analysis Used in ThisReport........................................................................... 5 C Limitations e Accuracy of Information ......................... 6 III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS........................................................... 8 A Analysis of Recurring Revenues, Case Study Method.................................................................................. 8 B Analysis of Recurring Revenues, Multiplier Method................................................................................12 C Analysis of Recurring Costs, Case Study Method................................................................................15 D Analysis of Recurring Costs, Multiplier Method................................................................................15 IV FISCAL IMPACTS...........................................................18 A Total Recurring Revenues...............................................18 B Total Recurring Costs......................................................19 C Overall Net Fiscal Impact................................................20 �r �FO City Council 28 — 173 8/6/2024 ta www.FinanceDTA.com I EXECUTIVE SUMMARY A Purpose of the Study SECTION I EXECUTIVE SUMMARY The objective of this Fiscal Impact Analysis ("FIX) Report (the "Report") is to analyze the incremental net fiscal impact of the proposed South Coast Technology Center project (the "Project") on the City of Santa Ana (the "City") General Fund. To provide the City with a comprehensive evaluation of the Project's potential, this DTA Report will evaluate whether the Project is likely to generate an incremental net fiscal surplus or a net fiscal deficit to the City's General Fund. B Incremental Fiscal Impacts on the City's General Fund The fiscal impacts identified in this Report include annual recurring municipal revenues and costs that result from the Project's proposed land use scenario. To provide an accurate fiscal picture of the Project, the Report will focus exclusively on annual recurring revenues and costs. Recurring revenues to the City General Fund identified in this Report are generated from a variety of sources, including property taxes, sales taxes, in -lieu vehicle license fees, utility user taxes, licenses and permits, franchise fees, fines, and other revenue sources. Although these revenues vary from year to year, they recur on a regular basis and are part of the City's annual budgeting plans. The recurring costs to the City General Fund are equally important in this analysis. Recurring costs are associated with a variety of City services, including public safety, public works maintenance, and general government administrative services. Similar to annual revenues, these are costs that the City must anticipate and plan to fund on a yearly basis. Revenues that are considered non -recurring to the City General Fund, such as various permitting fees, are excluded from this analysis. These types of revenues have been excluded as new development is generally required to pay specific user fees, such as grading and building prior to the construction of the project. As these are considered one-time revenues, there is no expectation that new development will need to pay these fees on a recurring basis. In addition, costs imposed as a result of the proposed Project that are considered to be non -recurring, such as impact fees, are also excluded from the FIA calculations because they are expended on a one-time basis to fund new development's fair share of capital improvement costs. C Description of the Project The Project site, as depicted in Figure 1 below, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the site on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the site on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD- 58") zoning district, with the permissible land uses comprised of commercial/retail uses and professional and business offices. EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 174 11 ta www.FinanceDTA.com SECTION I EXECUTIVE SUMMARY Figure 1: Aerial Map for the Project Site N The Project proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site,and to amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. As illustrated in Figure 2 and presented in Table 1 on the following page, the Project site is proposed to be redeveloped with three buildings encompassing approximately 313,244 building square feet ("BSF") of LLIU space. Figure 2: Proposed Project Site Plan W{E CBdIDl DNVE T _ _ IAI� fEN1EA—ELHNeb, J / . o of :I) :rW7 I nF u nl "=IIIIIWIIIIII"--"--" e I �I EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 175 = ---- -------- - OVERALL SITE PLAN South Coast ® . Technology Center May 13 2024 8/6/2 4 2 SECTION I taEXECUTIVE SUMMARY www.FinanceDTA.com Table 1: Proposed Land Uses for the Project .. 16Wg&=====mdL_ Building Square Feet Industrial Building 1 112,230 Industrial Building 2 121,645 Industrial Building 3 79,369 Grand Total 313,244 D Conclusions of the Fiscal Impact Analysis ("FIA") The body of this Report will present the results of the incremental FIA, including narratives and tables detailing the fiscal impacts of the Project on specific General Fund revenue and expenditure categories. As presented in Table 2 and illustrated in Figure 3, below, the Project site is anticipated to generate a sizable annual recurring incremental fiscal surplus at build -out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. Overall, the annual revenues generated are projected to equal 2.27 times the associated City General Fund costs. In a fiscal impact analysis, a revenue/cost ratio >1 is expected to generate a positive net fiscal impact. A summary of the overall incremental fiscal impacts of the Project to the City General Fund is provided in Appendix A. Table 2: Net Fiscal Impact (the City s General Fund) Total Recurring Revenues $460,412 Total Recurring Costs* $202,676 Annual Recurring Surplus/(Deficit) $257,,736 Total Annual Revenue/Cost Ratio 2.27 Figure 3: Net Fiscal Impact (the City's General Fund) $500,000 $400,000 $300,000 $200,000 $100, 000 $0 ($100,000) $460,412 ($200,000) ($202,676) ($300,000) ■ Recurring City Funds Revenues ■Recurring City Funds Expenditures •Total Annual Recurring General Fund Surplus/(Deficit) EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 176 3 ta www.FinanceDTA.com I] INTRODUCTION SECTION II INTRODUCTION DTA has been retained by EPD Solutions, Inc. to analyze the fiscal impacts of the development of the proposed South Coast Technology Center project (the "Project") on the City of Santa Ana (the "City") General Fund. The Project site is generally comprised of two sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD-58") zoning district, with the permissible land uses of professional and business offices and commercial/retail uses. The Project proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. To provide the City with a comprehensive evaluation of the Project's potential, DTA will determine whether the Project is likely to generate an incremental net fiscal surplus or a net fiscal deficit to the City's General Fund. A Scope and Methodology e Recurring Fiscal Impacts Fiscal impacts arising from a land development plan can be broadly categorized as one of two types, specifically one-time impacts or recurring impacts. Each of these types may, in turn, be divided into a revenue component and cost component. In this Report, it is assumed that one-time revenues would directly offset one-time costs. This is consistent with Section 66000 et. seq. of the California Government Code, which authorizes a municipality to require the payment of development impact fees equal in value to the cost of the public infrastructure necessary to support a development project. Thus, the fiscal impacts considered in this Report focus on ongoing, or recurring, fiscal impacts of the Project on the City General Fund. Revenues that are generated outside of the City General Fund (e.g., special district revenues) or costs that are incurred by the City outside of the General Fund (e.g., costs financed through a special district) are not included within this fiscal analysis. The FIA presented in this Report utilizes two methods of analysis, specifically the Per Capita/Multiplier Approach and Case Study Approach. The primary Multiplier Methodology used is the Per Capita ('Persons Served') Methodology, which recognizes the fact that the exact relationship of service demands and revenue -generating potential between residents and employees is difficult to quantify. In order to address this challenge, several assumptions are employed. EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 177 n SECTION II taINTRODUCTION www.FinanceDTA.com First, based on more than 30 years of preparing fiscal impact studies and performing peer reviews of similar studies prepared by other consulting firms, DTA has determined that utilizing a Persons Served population comprised of all residents and 50% of the employees working at locations within a given service area is common fiscal practice in generally quantifying the impacts of new development if more specific local data or facilities usage data is not readily available. This ratio suggests that a resident generally has twice the fiscal impact of an employee on the use of a typical public improvement and can be applied to a City's General Fund budget to calculate average revenues and costs per Person Served on a Citywide basis using a Multiplier Approach. While a fiscal impact analysis focused on marginal revenues and costs associated with a specific new development project (with greater emphasis on a Case Study Approach) is often applied to larger projects, the consulting budgets required to evaluate individual metrics related to each type of municipal revenue and service, including interviews with individual municipal departments, can be prohibitive for smaller projects. As a result, while DTA did utilize a Case Study Approach for General Fund revenues and costs that were easy to quantify (e.g., property taxes, sales taxes, and utility user taxes), many of the metrics employed in this Report are based on average revenues/costs per Person Served utilizing the Fiscal Year ("FY") 2023-2024 City budget as could be applied to the Project. DTA also used solely a Per Employee Methodology in this Report to project recurring fiscal factors that relate to employment only, such as business license revenues. Similar to the Persons Served Methodology discussed above, the Per Employee Methodology involves dividing the applicable revenues/costs by the total number of employees in the City utilizing the FY 2023-24 City budget, and applying these factors to the specific number of employees forecast to be working within the Project under the given scenario. For the purposes of the Report, all recurring revenues and costs are stated in constant (uninflated) 2024 dollars based on the assumption that the relative impacts of inflation in future years will be the same for both fiscal impact categories. B Major Assumptions and Analysts Used in This Report g1 Discounting Revenues and Expenses Certain revenues and expenditures presented in this Report are not expected to increase on a one-to-one basis with the addition of new development. To project these numbers without any adjustment would result in inaccurate conclusions. To accurately account for this factor, DTA applied a series of discount rates to specific budget components. Based on an examination of the numbers presented in the City's annual General Fund budget, 15% and 90% discount rates were applied to several revenue categories as documented in Appendix A-1. As discussed in the previous section of this Report, revenues that are considered non- recurring to the City General Fund, such as revenues generated by building/planning/engineering fees, are excluded from this analysis. Furthermore, DTA applied a 100% discount rate to financing source categories that are deemed EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 178 5 ta www.FinanceDTA.com SECTION II INTRODUCTION static, in terms of their not being anticipated to increase significantly as a result of the construction of the Project. This includes intergovernmental and commercial cannabis tax revenues, revenues generated by property rentals, jail leases, and advertisements, and cost recoveries and reimbursements This same discounting technique was applied to the General Fund expenditures to accurately reflect the estimated ratio of fixed costs to variable costs. Notably, DTA has assumed that no discount factors would be applied to police, public works, and fire protection expenditures. As documented in Appendix A-1, a 15% discount rate is applied to remaining services expenditures. The marginal increase in the general government overhead costs associated with the additional non -general government expenditures incurred by new development is assumed to be 75%, which means a 25% discount was applied to these overhead costs. B.2 Employee Generation DTA estimated the number of direct employees at the Project's build -out based upon the 737 Square Feet per Employee ("SF/E") provided by the Project proponent. Based on several data sources that provided this type of data for similar land uses, DTA deemed this metric to be appropriate for the Project. As summarized in the attachment for Appendix A-3, the Project is anticipated to generate 425 direct on -site employees at its build -out. B.3 Valuation per BSF This report provides an estimated valuation per BSF calculation. Accuracy in these calculations is important because these totals are used to determine expected property revenues. The estimated valuation of $389.79 per BSF is derived based on the projected land value and construction costs of $122.1 million and 313,244 BSF as provided by Project proponent. C Limitations e Accuracy of Information The fiscal model in the Report contains an analysis of revenues, costs, and impacts to the City resulting from the Project. This model is based on information provided to DTA by Project proponent, the City's FY 2023-24 budget, the County's FY 2023-24 Assessor's Roll, Housing and Population Information from the California Department of Finance, a 2023 City of Santa Ana Employment Profiles analysis using North American Industry Classification System codes as prepared by Environics Analytics, a U.S. Energy Information Administration Energy Consumption Survey, Internet research performed by DTA regarding various industries, and additional assumptions derived from DTA's municipal cost database, as compiled by DTA from previous fiscal impact studies prepared by the firm. The sources of information and basis of the estimates calculated in the Report are stated herein. While DTA is confident that the sources of information are reliable, DTA does not express an opinion or any other form of assurance on the accuracy of such information. The analysis of fiscal impacts contained in this Report is EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 179 M ta www.FinanceDTA.com SECTION II INTRODUCTION not considered to be a "financial forecast" or a "financial projection" as technically defined by the American Institute of Certified Public Accountants. The word "projection" used within this Report relates to broad expectations of future events or market conditions. Since the analysis contained herein is based on estimates and assumptions that are inherently subject to uncertainty and variation depending on evolving events, DTA cannot represent that such estimates will definitely be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur. Therefore, the actual results achieved may vary from the projections stated throughout the Report. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council i Me 7 SECTION III ta www.FinanceDTA.com DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS III DESCRIPTION OF RECURRING FISCAL REVENUES/COSH'S A Analysis of Recurring Revenues, Case Study Method A.1 Property Taxes — Secured and Unsecured Property tax revenues are specifically based on the City's estimated share of the general 1% ad valorem property tax levy. Per the County Auditor's Office, the City's General Fund receives approximately 19.30% of the FY 2023-24 basic 1% [Proposition ("Prop") 131 property tax from the Tax Rate Areas ("TRAs") encompassing the Project. The remaining 80.70% are distributed to a variety of taxing entities as summarized in Table 3 below, with 67.35% of the total estimated $1.22 million in annual property taxes earmarked for educational purposes. The basic 1% property tax collected is considered a significant source of municipal revenues. The net apportionment factors for each taxing entity represent the fraction of the FY 2023-24 basic 1% ad valorem property tax that it will receive from the Project TRAs after deducting the projected Education Revenue Augmentation Fund ("ERAF") property tax shifts. Table 3: 1% Ad Valorem Property Tax Distribution Among Taxing Entities r. ■ rr r Net Apportionment — Factor -r County 0.10522489379 F $128,480 General Fund 0.06706762904 $81,890 Flood Control District 0.02152166856 $26,278 Parks CSA 26 0.01663559619 $20,312 City 0.192969532-38 $23.9,616 General Fund 0.19296953238 $235,616 Education 0.67354729727 $822,402 ERAF Fund 0.19081315008 $232,983 Santa Ana Unified School District 0.37790501072 $461,422 Rancho Santiago Community College District 0.08310048144 $101,466 Orange County Department of Education 0.02172865503 $26,531 Special District 0.02825827656 $34,504 Orange County Cemetery District 0.00054103515 $661 Orange County Vector Control District 0.00121524893 $1,484 Orange County Water District 0.00781725639 $9,545 Orange County Transit Authority 0.00305422873 $3,729 Orange County Sanitation District #7 0.01563050736 $19,085 Grand Total 1.00000000000 $1,221,002 Note: All numbers are subject to rounding. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 181 SECTION III ta www.FinanceDTA.com DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS Major property tax assumptions are summarized in Table 4 below. Table 4: Property Tax Assumptions Land Use and Estimated Taxable Valuation Industrial Building One 112,230 BSF (a $389.79/BSF Industrial Building Two 121,645 BSF (a $389.79/BSF Industrial Building Three 79,369 BSF (a $389.79/BSF Total Land Use Net Taxable Value $122,100,000 Secured Property Tax - Net Apportionment Factor to Property Tax Rate (Net of the City as a Fraction of 1.0% ERAF) City's General Fund 19.296953238% Unsecured Property Tax a Unsecured Taxes as a % of Secured Property Value Non -Residential Property 1 10.00% Property Tax Transfer Non -Residential Property Turnover Rate 0.00% Transfer Tax as a % of Assessed Value 0.11% Property Transfer Tax Passed Through to the City 50.00% Property Taxes in Lieu of Vehicle License Fees ("VLFs") City — Total Assessed Value (FY 2023-24) $34,504,366,076 City — VLF Property Tax Revenues (FY 2023-24) $42,044,300 VLF Property Tax In -Lieu per $1,000 Assessed Value $1.22 Unsecured property taxes collected in the City are levied on tangible personal property that is not secured by real estate. Specific examples of unsecured property include trade fixtures such as manufacturing equipment, computers, dock equipment, conveyors, forklifts, and racks and shelves. A.2 Property Taxes in Lieu of VLFs The passage of Prop 1A in California in 2004 enacted a constitutional amendment that introduced a new methodology to calculate Property Taxes in Lieu of VLFs. Per California Revenue and Taxation Code j07.70, the amount of Property Taxes in Lieu of VLFs now grows in proportion to the growth rate of gross assessed valuation in a city or county. Property Taxes in Lieu of VLF revenues are projected to grow with the change in the Citywide gross assessed valuation of taxable property from the prior FY. Property Taxes in Lieu of VLF revenues constitute an addition to other property tax apportionments and were calculated for the purposes of this Report at $1.22 per $1,000 increase in assessed valuation on a Citywide basis. Table 4 presents details EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 182 0 ta www.FinanceDTA.com SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS regarding the property tax assumptions utilized in the FIA. Property tax revenue generated in this category is presented later in the report in Table 10. A.3 Sales Taxes Direct sales tax revenues are generated by taxable sales from businesses within the City. The current sales tax rate in the City is 9.25%, with sales tax collected by the State and distributed to the City. The City currently receives approximately 2.54% of taxable sales receipts, which include a 1.00% sales tax established by Municipal Code jj35.51 and Measure X sales tax, a 1.50% voter -approved sales tax to provide funding for neighborhood safety, homeless prevention, and essential City services enhancement. In addition, the City currently receives approximately 8.87% of the Proposition 172 sales tax receipts generated within the City (a 0.50% voter -approved sales tax dedicated to local public safety), which is equivalent to 0.04% sales tax rate. Measure X rate will decrease to 1% in 2029 and sunset in 2039. In generating the fiscal impact models for this Report, DTA has conservatively assumed that Measure X sales tax at the Project's build -out will only be 1%. In aggregate, 2.04% of taxable sales receipts are passed through to the City for purposes of this FIA. As reflected in Table 5, the proposed on -site non-residential land use types are conservatively assumed not to generate any taxable sales. Table 5: Sales Tax Assumptions No _ Percentage of Sales Tax Passed Through to the City 2.04% Local Employee Spending (Spending in Fast Food/Deli/Lunch Eateries) $951 Non -Project Capture Rate of Retail Spending (Within the City) 25% Taxable Sales per BSF Industrial Building One $0.00 Industrial Building Two $0.00 Industrial Building Three $0.00 Indirect sales tax revenues, as summarized in the table above, are generated by the purchases made by the Project's employees within the City. With respect to on -site employee retail spendings, DTA conservatively limited the scope to meal purchases occurring in quick -service restaurants. Based on studies outlined in the International Council of Shopping Projects' Office -Worker Retail Spending in a Digital Age, DTA estimates that an employee within the Project will spend an average of $951 annually in the Fast Food/Deli/Lunch Eateries category near their place of work. Assuming the off -site businesses in the City would capture on average 25% of the Project employees' annual spending, each employee is estimated to spend $238 annually off -site within the City. The direct and indirect tax revenues generated are presented later in the Report in Table 10. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 - 183 ■ K ta www.FinanceDTA.com A.4 Utility User Tax ("UUT") SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS The UUT is imposed by the City on the consumption of utility services of telephone, electricity, natural gas, and water. The UUT rates for those utility services are presented in Table 6 below. Table 6: UUT Assumptions UUT Rates Telephone (Municipal Code 353.16.020) 5.50% Electricity (Municipal Code S33.16.030) 6.00% Natural gas (Municipal Code f33.16.040) 6.00% Water (Municipal Code f33.16.050) 6.00% Annual Telephone Gross Receipts Industrial Building One (5 Lines) $4,800 Industrial Building Two (5 Lines) $4,800 Industrial Building Three (4 Lines) $3,840 Electricity Usage and Cost Kilowatthour (kWh) per BSF 10.8 Rate per kWh $0.0816 Natural Gas Usage and Cost Cubic Feet (Cu. Ft.) per BSF 26.4 Rate per 1,000 Cu. Ft. $13.29 Water Usage and Cost Gallons per BSF 8.3 Rate per 748 Gallons $2.60 The electricity, natural gas, and water usages, as reflected in the table above, assume that the Project buildings will house manufacturing facilities. DTA utilized the applicable electrical and natural gas usage metrics from the 2018 Commercial Buildings Energy Consumption Survey ('CBECS') conducted by the U.S. Energy Information and Administration ("EIA"), with the sourcing of the water usage metric from the 2012 CBECS compiled by the EIA. The UUT revenues generated are presented later in the Report in Table 10. AS Other Property Tax Revenue Per California Revenue and Taxation Code j11901, et seq., and the City Code 53.22.020, sales of real property are taxed by the City at a rate of $0.55 per $1,000 of property value, excluding assumed liens or encumbrances. Since the Project proponent indicated that it plans to own and operate the Project for an extended EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 11 ta www.FinanceDTA.com SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS period, DTA conservatively assumes that there will not be any sales of the Project components, therefore generating no property transfer tax. A.6 Interest Income Interest "Investment" Income revenues are generated by the increase in General Fund revenues resulting from the Project. This increase reflects growth in the following revenue categories: property taxes, VMT, sales taxes, utility user tax, and multiplier revenues (to be discussed in detail in the following sections of this Report). Revenues from this source are usually estimated by multiplying the projected recurring General Fund revenues available for investment by the Local Agency Investment Fund ("LAIF") investment fund rate of return. A LAIF percentage of earnings cost factor of 50% is then applied because the funds being invested on average will be available for only 1 month. Investment income assumptions are summarized in Table 7 below. The projected recurring General Fund revenues available for investment total $460,017. This calculation results in estimated investment income (less earnings cost) of $395. It should be noted that LAIF factors are determined quarterly by the California State Treasurer, whose office governs the investment of revenues by municipalities. Table 7: Investment Income Assumptions Investment Period for Non -Interest General Fund Revenues 1 Month LAIF Rate of Return (Estimated) 2.06% LAIF Percentage of Earnings 50% Projected Recurring General Fund Revenues Available for Investment $460,017 R Analysis of Recurring Revenues, Multiplier Method The Per Capita Employee (Persons Served) Multiplier figures presented in this section play a key role in understanding the impact of the proposed Project on the City's General Fund. As stated in the introduction section of this Report, the Persons Served approach recognizes the fact that the exact relationship of service demands and revenue -generating potential between residents and employees is difficult to quantify, so a specific set of assumptions are needed. To address this, DTA has introduced several assumptions, including the utilization of a service population, or Persons Served population, comprised of all service area residents and 50% of employees working in the service area, as this is common fiscal practice in quantifying the impact of new development in a given service area. This number suggests that a City resident generally has twice the fiscal impact of an employee within the City on the City General Fund. The Persons Served population of the City is estimated at 370,403, equaling the total residents within the City (299,630) plus 50% of employees working in the City (141,545). Utilizing the above assumptions, the multipliers presented in this section and illustrated in EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 185 12 ta www.FinanceDTA.com SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS Table 8 quantify the marginal increase in revenue per Person Served by each specific revenue category that will result from the development of the proposed Project. Table 8: General Fund Revenues (Multiplier Method) Business License Tax $90.08 Per Employee 15% Franchise Fees and Taxes $25.13 Person Served 15% Charges for Services $24.50 Person Served 15% Licenses and Permits $7.78 Person Served 15% Fines, Forfeitures, and Penalties $12.98 Person Served 15% Adult -Use Retail Business Cannabis Tax $4.08 Person Served 90% Medical Marijuana Taxes $0.14 Person Served 90% B.1 Business License Tax Business license tax revenue is expected to increase as the City looks to expand its commercial and industrial sectors. The purpose of this annual tax is to ensure that businesses share the burden of payment for City services used by the business and/or their employees. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the business license tax revenues that are expected to vary with population and employee growth in the City. DTA forecasts the business license tax at $90.08 per employee using the Per Employee Multiplier Method, generating $38,284 in additional revenue to the City's General Fund. B.2 Franchise Fees and Taxes Franchise fees and taxes are expected to play a consistent role in contributing to the City's General Fund over the next several years. Generally, a tax is a compulsory payment levied by the government on its citizens and various business firms. In contrast, a fee is usually defined as a voluntary payment to the government for the special services rendered by it in the public interest. This distinction has become blurred as fees are usually a required part of doing business in a particular area or industry, so for the purpose of this Report, both terms will be referred to as fees. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the franchise fee and tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA has forecasted franchise fees at $25.13 per Person Served using the Per Capita Multiplier Method (this represents a marginal increase in revenue per additional Persons Served in this category). This is expected to generate $5,353 in additional EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council • 13 ta www.FinanceDTA.com revenue to the City's General Fund. g3 Charges for Services SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS Charges for services is another area that generates revenues on behalf of the City's General Fund, accounting for 3% of total General Fund recurring revenues in FY 2023-24. This category is made up of service charges and fees imposed on users for specialized services provided by the City under the rationale that benefiting parties, rather than the general public, should pay for the cost of those services. Note, only charges for non -development services are evaluated for this Report. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the charges for services revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA has forecasted charges for services at $24.50 per Person Served using the Per Capita Multiplier Method (this represents a marginal increase in revenue per additional Persons Served in this category). This is expected to generate $5,219 in additional revenue to the City's General Fund. g4 Licenses and Permits In addition to business licenses, the City imposes fees on a variety of permits. This is a reliable source of revenue and it is expected to continue to be a steady contributor to the General Fund over the coming years. Note, only non -development licenses and permits are evaluated for this Report. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the licenses and permits tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA forecasts the licenses and permits tax at $7.78 per Persons Served using the Per Capita Multiplier Method, generating $1,657 in additional revenue to the City's General Fund. gS Fines, Forfeitures, and Penalties To ensure the payment of various licenses and fees, the City Code empowers the City to impose penalties and collect fines in several areas. Although considered a consistent revenue stream each year, the City expects to derive 1% of its total FY 2023-24 General Fund revenues from fines, forfeitures, and penalties. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the fines, forfeitures, and penalties that are expected to vary with population and employee growth in the City. Fines, forfeitures, and penalties are projected at $12.98 per Person Served, generating $2,765 in EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 - 187 ■Mr ta www.FinanceDTA.com additional revenue to the City's General Fund. B. 6 Retail Cannabis Taxes SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS The City currently imposes taxes on the retail sales of adult -use and medicinal cannabis. Although these retail cannabis taxes currently constitute 4% of City's FY 2023-24 General Fund revenues, DTA conservatively applied a 90% discount rate to account for only the portion of the retail cannabis tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA forecasts the retail cannabis taxes at $4.22 per Person Served, generating $899 in additional revenue to the City's General Fund. C Analysis of Recurring Costs, Case Study Method C.1 General Government Costs General government costs are projected at a marginal rate of 75.00% of the City General Fund recurring costs, based on the assumption that the FY 2023-24 general government expenditures, equaling $99.2 million, will remain at the same relative proportion of the FY 2023-24 City total non -governmental expenditures of approximately $283.8 million in future years. Government costs in this area are generated from several areas, including the City Council, City Manager, City Attorney, City Clerk, Finance and Management Services, Human Resource, Planning and Building, and Non -Departmental expenditures. According to the FY 2023-24 budget, the percentage of general government expenditures to non -governmental expenditures is approximately 34.9%. However, these general government costs are not expected to increase on a one -for -one basis as a result of the land use development depicted in this Report. Therefore, this Report assumes that general government costs increase at an estimated marginal rate of 75%, or 26.2% of the existing General Government cost overhead rate. This approach results in annual general government costs of $42,092. A detailed explanation of these calculations is presented in Appendix A-10. D Analysis of Recurring Costs, Multiplier Method As discussed previously in Section III.B, DTA utilized the Persons Served population approach to quantify the marginal increase in City's General Fund expenditures resulting from the proposed Project. The multipliers presented in this section and illustrated in Table 9 quantify the marginal increase in expenditures per Person Served for each specific service category. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 15 SECTION III DESCRIPTION OF RECURRING ta FISCAL REVENUES/COSTS www.FinanceDTA.com `Fable 9: General Fund Expenditures (Multiplier Method) category ___& Amount Methodology Discoum Police Department $396.34 Person Served 0% Fire Department $152.49 Person Served 0% Public Works $135.19 Person Served 0% Park, Recreation & Community Services $34.90 Person Served 15% Community Development $14.20 Person Served 15% Library $16.96 Person Served 15% Museum $3.84 Person Served 15% D.1 Non -General Government Costs D.1.i Police Services The FY 2023-24 City General Fund expenditures for police services are $146.8 million. Notably, the cost multipliers presented in this section have not been discounted. The police services expenditures are projected at $396.34 per Person Served, resulting in an additional $84,420 to the City's annual expenditures. D.1.ii Fire Protection Services The FY 2023-24 City General Fund expenditures for fire protection services are $56.5 million. Notably, the cost multipliers presented in this section have not been discounted. The fire protection services expenditures are projected at $152.49 per Person Served, resulting in an additional $32,480 to the City's annual expenditures. D.1.iii Public Works Services The FY 2023-24 City General Fund expenditures for public works services are $50.1 million. Notably, the cost multipliers presented in this section have not been discounted. The public works services expenditures are projected at $135.19 per Person Served, resulting in an additional $28,795 to the City's annual expenditures. D.1.iv Park, Recreation & Community ("PRC") Services The FY 2023-24 City General Fund expenditures for PRC services are $15.2 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the PRC services costs that are expected to vary with population and employee growth in the City. The PRC services expenditures are projected at $34.90 per Person Served, resulting in an additional $7,434 to the City's annual expenditures. D.1.v Community Development The FY 2023-24 City General Fund expenditures for the community development services are $6.2 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the community development EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council i E M.-- We SECTION III ta www.FinanceDTA.com DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS services costs that are expected to vary with population and employee growth in the City. The community development services expenditures are projected at $14.20 per Person Served, resulting in an additional $3,025 to the City's annual expenditures. D.1.vi Library Services The FY 2023-24 City General Fund expenditures for library services are $7.4 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the library services costs that are expected to vary with population and employee growth in the City. The library services expenditures are projected at $16.96 per Person Served, resulting in an additional $3,612 to the City's annual expenditures. D.1.vii Museum Services The FY 2023-24 City General Fund expenditures for museum services are $1.7 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the museum services costs that are expected to vary with population and employee growth in the City. The museum services expenditures are projected at $3.84 per Person Served, resulting in an additional $818 to the City's annual expenditures. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 190 17 ta www.FinanceDTA.com IV FISCAL IMPACTS A Total Recurring Revenues SECTION IV FISCAL IMPACTS The total recurring incremental revenues to the City are projected to be $460,412 per year. As illustrated below in Table 10 and Figure 4, the largest percentage of revenue generated (82.4%) is attributed to the Property Tax category (including property tax in lieu of VLFs). Given the existing assessed value for the Project site has been artificially restricted by a 2% annual escalator, the development of the components of the Project would remove that restriction and substantially increase the property taxes and in -lieu VLF revenues for the site. Attachments in Appendices A-4 through A-8 provide additional details regarding all recurring revenues and the assumptions used in their derivation. Table 10: Recurring Fiscal Revenues (the City s General Fund) Secured Property Tax $235,616 51.2% Unsecured Property Tax $23,562 5.1% Property Taxes In Lieu of VLFs $120,157 26.1% Indirect Sales Tax $2,066 0.4% UUT $24,439 5.3% Business Licenses $38,284 8.3% Franchise Fees $5,353 1.2% Charges for Services $5,219 1.1% Licenses and Permits $1,657 0.4% Fines and Forfeitures $2,765 0.6% Adult -Use Retail Business Cannabis Tax $869 0.2% Medical Marijuana Taxes $30 0.0% Investment Income $395 0.1% Total Revenues $460,412 100.0% Note: All numbers are subject to rounding. Figure 4: Recurring General Fund Revenues at Project Build -Out Broken Down by Source Property Taxes $259,178 56.3% / Investment \ so / Income $395 Multiplier 0.1% Revenues UUT $54,177 $24,439 11.8% 5.3% EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report Property Tax In -Lieu of VLF $120,157 26.1% Indirect Sales Tax $2,066 0.4% May 13 2024 City Council 28 — 191 ta www.FinanceDTA.com B `total Recurring Costs SECTION IV FISCAL IMPACTS As illustrated in `fable 11 and Figure 5 below, the City's projected total annual incremental recurring costs are projected to be $202,676 per year. Police and fire protection services constitute two of the largest projected costs, respectively accounting for 41.7% and 16.0% of total recurring fiscal costs. Attachments in Appendices A-9 and A-10 provide additional details about all recurring costs and the assumptions used in their derivation. `Fable 11: Recurring Fiscal Costs (the City s General Fund) Cateciory Police Department $84,420 41.7% Fire Department $32,480 16.0% Public Works $28,795 14.2% Park, Recreation & Community Services $7,434 3.7% Community Development $3,025 1.5% Library $3,612 1.8% Museum $818 0.4% General Government $42,092 20.8% Total Costs 1 $202,676 1 100.0% Note: All numbers are subject to rounding. Figure 5: Recurring General Fund Costs at Project Build -Out Broken Down by Source Police Department $84,420 41.7% Fire Department $32,480 16.0 Public Works $28,795 General Government $818 $42,092 0.4% 20.8% EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report PRC $7,434 3.7% Community Development $3,025 Library 1.5 $3,612 1.8 May 13 2024 City Council 28 — 192 ta www.FinanceDTA.com C Overall Net Fiscal Impact SECTION IV FISCAL IMPACTS Table 12 and Figure 6 below shows the overall incremental fiscal impact to the City. The Project site is anticipated to generate an annual recurring incremental fiscal surplus at build -out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. Furthermore, annual revenues generated are projected to equal 2.27 times the associated City incremental General Fund costs. Table 12: Net Fiscal Impact (the City's General Fund) Total Recurring Revenues $460,412 Total Recurring Costs* $202,676 Annual Recurring .Surplus/(Deficit) $257,7.36 Total Annual Revenue/Cost Ratio 2.27 Figure 6: Net Fiscal Impact (the City's General Fund) $s00000 $400,000 $300,000 $200,000 $100, 000 $0 ($100,000) ($200,000) ($300,000) $460,412 ($202,676) ■ Recurring City Funds Revenues ■Recurring City Funds Expenditures !Total Annual Recurring General Fund Surplus/(Deficit) EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 193 20 APPENDIX A EPD Solutions, Inc. Proposed South Coast Technology Center Project Fiscal Impact Report FIA City Council 28 — 194 8/6/2024 APPENDIX A-1 SANTAANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER CITY FUND REVENUES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1] 299,630 2023 Estimated City Employees [2] 141,545 2023 Persons Served Population [3] 370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. [3] Assumes City population plus 50% of employees. 11 City Revenue Sources (by Type) Revenue .- F! 16 - - - 1 RevenueTotal .- Fiscal Impact Basis Discount Revenue Factor Tax Revenue $249,028,390 Persons Served $0.00 Property Tax - Exclude In -Lieu of VLF $46,525,390 Recurring Case Study 0% NA Transient Occupancy Taxes $8,500,000 Recurring Case Study 0% NA Utility Users Tax $25,800,000 Recurring Case Study 0% NA Sales Tax $64,715,400 Recurring Case Study 0% NA Prop 172 Sales Tax $2,871,200 Recurring Case Study 0% NA Measure X Sales Tax $88,616,400 Recurring Case Study 0% NA Documentary Stamp Tax $1,000,000 Recurring Case Study 0% NA Santa Ana Residual $11,000,000 Recurring Case Study 0% NA Business Licenses $15,000,000 Recurring Per Employee 15% $90.08 Franchise Fees $10,950,000 Recurring Persons Served 15% $25.13 Interest Income $700,000 Recurring Case Study 0% NA Charges for Services $10,675,650 Recurring Persons Served 15% $24.50 Building/Planning/Engineering Fees $10,740,000 Non -Recurring NA 100% NA Licenses and Permits $3,388,240 Recurring Persons Served 15% $7.78 VLF/Property Tax Compensation $42,044,300 Recurring Case Study 0% NA Fines and Forfeitures $5,654,100 Recurring Persons Served 15% $12.98 Intergovernmental $7,789,340 Recurring NA 100% NA Use of Money and Property $17,956,500 Recurring Persons Served 100% $0.00 Other / Miscellaneous $10,792,020 Recurring Persons Served 100% $0.00 Adult -Use Retail Business Cannabis Tax $15,116,130 Recurring Persons Served 90% $4.08 Commercial Cannabis Tax $416,000 1 Recurring Persons Served 100% $0.00 Medical Mari'uana Taxes $528,000 Recurring Persons Served 90% $0.14 Total Revenuesl $400,778,670 NA NA NA NA Total Recurring Revenuesl $390,038,670 NA NA NA NA City Council 28 — 195 8/6/2024 APPENDIX A-2 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER CITY FUND EXPENDITURES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1] 299,630 2023 Estimated City Employees [2] 141,545 2023 Persons Served Population [3] 370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. [3] Assumes City population plus 50% of employees. II City Expenditures (by Type) .- - .-.- id Total.- Expenditures.- -Impact Basis - Factor General Government City Council $1,021,070 Recurring Case Study NA NA City Clerk's Office $2,411,150 Recurring Case Study NA NA City Manager's Office $3,144,680 Recurring Case Study NA NA City Attorney's Office $4,365,880 Recurring Case Study NA NA Planning and Building $20,146,220 Recurring Case Study NA NA Financial & Management Services $11,973,870 Recurring Case Study NA NA Human Resources $4,283,540 Recurring Case Study NA NA Non -Departmental $51,847,740 Recurring Case Study NA NA Non -General Government Police Department $146,805,550 Recurring Persons Served 0% $396.34 Fire Department $56,483,060 Recurring Persons Served 0% $152.49 Public Works $50,075,950 Recurring Persons Served 0% $135.19 Park, Recreation & Community Services $15,206,990 Recurring Persons Served 15% $34.90 Community Development $6,186,710 Recurring Persons Served 15% $14.20 Library $7,392,510 Recurring Persons Served 15% $16.96 Museum $1,674,210 Recurring Persons Served 15% $3.84 Total Expendituresl $383,019,130 NA NA NA NA Total Recurring Expendituresl $383,019,130 NA NA NA NA City Council 28 — 196 8/6/2024 APPENDIX A-3 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER LAND USE AND DEMOGRAPHICS SUMMARY Future Land Use Data I Developable Land Use Description A Projected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three Demographic Data I Non -Residential Land Use Employee Generation A Projected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three Population and Employees (Calculations) Building. Ft. 112,230 121,645 79,369 Sq. Ft. per Employee [221 737 BSF 737 BSF 737 BSF I Projected Direct Employees A Projected Non -Residential Land Uses Building. Ft. Total Direct Employees Industrial Building One 112,230 BSF 152 Industrial Building Two 121,645 BSF 165 Industrial Building Three 79,369 BSF 108 Population an I Total Projected Residential Population 0 II Total Projected Direct Employees 425 III Total Persons Served Population [3] 213 NOTES: [1] Source: Project Proponent. [2] Source: Project Proponent. [3] An employee is typically assumed to be equivalent to 50% of a resident given they would spend only eight active hours in the City per day versus a resident who is active for 16 hours per day. * All figures subject to rounding City Council 28 — 197 8/6/2024 APPENDIX A-4 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER PROPERTY TAX REVENUE ANALYSIS General Property Tax Assumption I Property Tax Allocation (as a Portion of the 1% General Property Tax Levy) [1] A Category / Code Allocated to City [21 General Fund 19.296953238% Total 19.296953238% Assessed Valuation Assumption I Non -Residential Land Uses A Industrial Building One Estimated Number of Sq. Ft. [3] 112,230 Estimated Valuation per Sq. Ft. [4] $390 Total Estimated Net Taxable Value $43,746,354 B Industrial Building Two Estimated Number of Sq. Ft. [3] 121,645 Estimated Valuation per Sq. Ft. [4] $390 Total Estimated Net Taxable Value $47,416,246 C Industrial Building Three Estimated Number of Sq. Ft. [3] 79,369 Estimated Valuation per Sq. Ft. [4] $390 Total Estimated Net Taxable Value $30,937,400 11 Total Land Use Net Taxable Value $122,100,000 I Unsecured Property Taxes - Assumptions [5] A Unsecured Taxes as a % of Secured Non -Residential Property 11 Property Tax Transfer - Assumptions [6] A Turnover Rate Non -Residential Property B Other Assumptions Transfer Tax as a % of Assessed Value Property Transfer Tax Passed Through to City of Santa Ana III Motor Vehicle Licensing Fees -Assumptions Vehicle Licensing Fees per Capita IV ProDertv Tax In -Lieu of Vehicle License Fee - Assumptions Total City of Santa Ana Gross Assessed Value [7] City of Santa Ana Property Tax In -Lieu of Vehicle License Fee [8] Property Tax In -Lieu of Vehicle License Fee Increase per $1,000 Assessed Value I Fiscal Impact Category A Secured Property Tax A.1 Proiected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three B Unsecured Property Tax 13.2 Proiected Non -Resident Industrial Building One Industrial Building Two 10.00% ��IYG6I8 0.11 % 50.00% NA $34,504,366,076 $42,044,300 $1.22 Annual Fiscal Impact Amount Industrial Ntviftu efl 28 — 198 8/6/2024 $84,417 $91,499 $59,700 $8,442 $9,150 $5,970 APPENDIX A-4 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER PROPERTY TAX REVENUE ANALYSIS C Property Tax In -Lieu of Vehicle License Fee [91 Projected Residential and Non -Residential Land Uses $120,157 11 Total Property Tax Revenues $379,335 NOTES: [1 ] Based on "General Fund" levy for Tax Rate Area (TRA). Data provided by the County of Orange Auditor -Controller's Office. TRA allocations adjusted for ERAF. Note, figure does not include non -General Funds. [2] Post ERAF rates based on the weighted average of the fiscal year 2023-24 rates applicable to the TRAs in the Project. Source: County of Orange Auditor -Controller Office. [3] Please see Appendix A-3. Subject to change. [4] Source: Project Proponent. [5] Based on typical DTA baseline assumptions. [6] Project Proponent plans to own the Project for an extended period. [7] Source: County of Orange Auditor -Controller's Office. [8] Source: City of Santa Ana Adopted Budget, Fiscal Year 2023-2024. [9] Property Tax in -lieu of Vehicle Licensing Fees applies to incremental property value. Current estimated land value of Project site of $23,491,046 excluded from calculation. * Aii figures subject to rounding City Council 28 — 199 8/6/2024 APPENDIX A-5 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER SALES TAX REVENUE ANALYSIS Indirec a s I Indirect Sales Tax Assumptions - Employees Annual Spending per Employee [1] 11 Retail Taxable Sales Capture City of Santa Ana Retail Taxable Purchase Capture [2] I Non -Residential Direct Sales Tax Assumptions A Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three Percent to the City of Santa Ana City of Santa Ana Municipal Code §35-51 Prop 172 Sales Tax [4] Measure X Sales Tax [5] Total Fiscal Impact Calcul I Fiscal Impact Category A Indirect Sales Tax A.1 Employee Taxable Sales Direct Employees B Direct Sales Tax B.1 Projected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three I I Total Sales Tax Revenues $951 25% Taxable Sales per Sq. Ft [31 $0.00 $0.00 $0.00 1.00% 0.04% 1.00% 2.04% $2,066 $0 $0 $0 $2,066 NOTES: [1] Based on the average spending on Fast Food/Deli/Lunch Eateries for workers with annual income between $50K and $75K. Source: "Office -Worker Retail Spending in a Digital Age," ICSC (2012). Adjusted for inflation assuming 3%annual inflation rate. [2] Based on typical DTA baseline assumptions. [3] Source: Project Proponent. [4] The City projects to receive approximately 8.87% of the Prop 172 sales tax receipts generated within the City, which is equivalent to 0.04% sales tax rate. Source: City of Santa Ana Proposed Budget, Fiscal Year 2023-2024. [5] Current rate is 1.5%, decreases to 1.0% in 2029, and then sunsets in 2039. * All figures subject to rounding City Council 28 — 200 8/6/2024 APPENDIX A-6 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER UTILITY USERS' TAX REVENUE ANALYSIS I Utility Usage Assumptions A Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three 11 Energy Price Assumptions A Non -Residential Land Uses Electricity Costs per kWh [5] Natural Gas Rate per 1,000 Cu. Ft. [6] Water Rate per 748 Gallons [7] I Non -Residential Land Uses A Industrial Building One Telephone Electricity Natural Gas Water B Industrial Building Two Telephone Electricity Natural Gas Water C Industrial Building Three Telephone Electricity Natural Gas Water Utility Users' Tax Rate Assum tp ions Telephone (Municipal Code §3.16.020) Electricity (Municipal Code §3.16.030) Natural Gas (Municipal Code §3.16.040) Water (Municipal Code §3.16.050) I Fiscal Impact Category A Utility User's Tax - Telephone A.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three B Utility User's Tax - Electricity B.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three C Utility User's Tax - Natural Gas C.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three D Utility User's Tax - Water D.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three II Total Utility Users' Tax Revenues Telephone ($ per Business) [1] $4,800 $4,800 $3,840 Electricity (kWh per Sq. Ft.) [2] 10.8 10.8 10.8 Natural Gas (Cu, Ft. per Sq. Ft.) (31 26.4 26.4 26.4 Water (Gal, per Sq. Ft.) f41 8.3 8.3 8.3 $0.0816 $13.29 $2.60 $4,800 $98,906 $39,377 $3,238 $4,800 $107,203 $42,680 $3,509 $3,840 $69,946 $27,847 $2,290 5.50% 6.00% 6,00% 6.00% Annual Fiscal Impact Amount $264 $264 $211 $5,934 $6,432 $4,197 $2,363 $2,561 $1,671 $194 $211 $137 $24,439 City Council 28 — 201 8/6/2024 NOTES: [1] Based on the current base cost of AT&T Business Unlimited Premium plan with varying number of lines depending on the business. [2] Source: Commercial Buildings Energy Consumption Survey, Table C15, 2018. [3] Source: Commercial Buildings Energy Consumption Survey, Table C25, 2018. [4] Source: Commercial Buildings Energy Consumption Survey, Table W1, 2012. [5] Source: https://www.electricitylocal.com/states/california/santa-ana/ [6] Source: https://naturalgaslocal.com/states/california/santa-ana/. [7] Source: Santa Ana Water District. [8] Source: Project Proponent. * All figures subject to rounding City Council 28 — 202 8/6/2024 APPENDIX A-7 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER MULTIPLIER REVENUE SOURCES ANALYSIS Multiplier Revenue Assumptions I Revenue Category Business Licenses Franchise Fees Charges for Services Licenses and Permits Fines and Forfeitures Adult -Use Retail Business Cannabis Tax Medical Marijuana Taxes I Fiscal Impact Category Business Licenses Franchise Fees Charges for Services Licenses and Permits Fines and Forfeitures Adult -Use Retail Business Cannabis Tax Medical Marijuana Taxes II Total Multiplier Revenues Multiplier Factor [11 $90.08 $25.13 $24.50 $7.78 $12.98 $4.08 $0.14 NOTES: [1] Based on the City of Santa Ana Proposed Budget, Fiscal Year 2023-2024 * All figures subject to rounding Revenue Projection Basis Per Employee Persons Served Persons Served Persons Served Persons Served Persons Served Persons Served Annual Fiscal ImdactAmount $38,284 $5,353 $5,219 $1,657 $2,765 $869 $30 $54,177 City Council 28 — 203 8/6/2024 APPENDIX A-8 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER INVESTMENT INCOME REVENUES ANALYSIS I Investment Income Assumptions Investment Period for Recurring Non -Interest General Fund Revenues Local Agency Investment Fund (LAIF) Rate of Return [1] Local Agency Investment Fund (LAIF) Percentage of Earnings Cost [1] I Fiscal Impact Category Total Property Tax Revenues (Appendix A-4) Total Sales Tax Revenues (Appendix A-5) Total Utility User's Tax Revenues (Appendix A-6) Total Multiplier Revenues (Appendix A-7) II Projected Recurring General Fund Revenues Available for Investment III Plus: Investment Income (Less Earnings Cost) IV Total Recurring General Fund Revenues NOTES: [1] Estimate. Subject to change. * Aii figures subject to rounding 1 Month 2.06% 50.00% Annual Fiscal Impact Amount $379,335 $2,066 $24,439 $54,177 $460,017 $395 $460,412 City Council 28 — 204 8/6/2024 APPENDIX A-9 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER MULTIPLIER EXPENDITURES ANALYSIS L jM Multiplier Expenditure Assumptions I Expenditure Category Police Department Fire Department Public Works Park, Recreation & Community Services Community Development Library Museum Fiscal Impact Category Police Department Fire Department Public Works Park, Recreation & Community Services Community Development Library Museum II Total Multiplier Expenditures Multiplier Factor 1'11 Expenditure Projection Basis $396.34 Persons Served $152.49 Persons Served $135.19 Persons Served $34.90 Persons Served $14.20 Persons Served $16.96 Persons Served $3.84 Persons Served NOTES: [1] Based on the City of Santa Ana Proposed Budget, Fiscal Year 2023-2024. * Aii figures sub. ject to rounding Annual Fiscal Impact Amount $84,420 $32,480 $28,795 $7,434 $3,025 $3,612 $818 $160,584 City Council 28 — 205 8/6/2024 APPENDIX A-10 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER GENERAL GOVERNMENT EXPENDITURES ANALYSIS I General Government Overhead Expenditures Total Recurring Fund Expenditures (excluding General Government Overhead) [1] Recurring General Government Overhead Expenditures (as a %of Total Recurring Fund Expenditures) [2] Marginal Increase in General Government Costs I Fiscal Impact Category Total Multiplier Expenditures (Appendix A-9) II Projected Recurring General Fund Expenditures III Plus: General Government Costs IV Total Recurring Expenditures $283,824,980 34.9% 75% Annual Fiscal Impact Amount $160,584 $160,584 $42,092 $202,676 NOTES: [1] Based on the City of Santa Ana Propsed Budget, Fiscal Year 2023-2024. [2] General Government Overhead Expenditures defined as costs for Legislative, Administration, Finance, Development Services, and other General Government. * Aii figures subject to rounding City Council 28 — 206 8/6/2024 www.FinanceDTA.com 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public -Private Partnerships Development Economics Clean Energy Ends www.FinanceDTA.com EPD SOLUTIONS, INC. PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA May 13, 2024 Public Finance Public -Private Partnerships Development Economics Clean Energy Bonds dta www.FinanceDTA.com/18201 V®n 1Qarman Avenue, Suite 220 e, CA 92612 EPD SOLUTIONS, INC. ECONOMIC IMPACT STUDY PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA Prepared for: EPD Solutions® Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Meaghan Truman City Council 28 — 209 8/6/2024 TABLE OF CONTENTS SECTION PAGE I EXECUTIVE SUMMARY...................................................2 II INTRODUCTION.............................................................. 6 A Purpose of the Study..........................................................6 B Description of the Project.................................................7 C Approach to the Study ....................................................... 7 D Study Limitations..............................................................10 IIII RECURRING ANNUAL AND ONE-TIME ECONOMIC IMPACTS.........................................................................11 A Description of the Annual Recurring Impacts of the Project.................................................................................11 B Description of the One -Time Construction Impacts of theProject..........................................................................16 IV PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE ......................................... 20 APPENDICES APPENDIX A ANNUAL RECURRING ECONOMIC IMPACTS OF THE PROJECT APPENDIX B ONE-TIME ECONOMIC IMPACTS OF THE PROJECT City Council 28 — 210 8/6/2024 ta www.FinanceDTA.com I EXECUTIVE SUMMARY SECTION I EXECUTIVE SUMMARY The objective of this Economic Impact Study (the "Study") is to analyze the economic impacts of the proposed industrial use development known as South Coast Technology Center (the "Project") within the City of Santa Ana (the "City") in the County of Orange ("County"), California. This Executive Summary provides a general overview of the Study's conclusions regarding the economic impact of the Project on the City and the County. Overall, the Project is anticipated to add 687 permanent new jobs (425 on -site and 262 off - site) within the City. The Project would also provide 555 one-time jobs associated with its construction. Notably, the Project would deliver a substantial boost to the City's economy, with the production of goods and services increasing by $256.1 million annually. This growth in jobs and economic output would have a positive impact on the City as it would expand its economic base, thereby providing a strong foundation for the City's continued economic growth and fiscal health. A Description of the Project The Project location, as depicted in Figure 1 below, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD-58") zoning district, with the permissible land uses of the commercial/retail uses and professional and business offices. Figure 1: Aerial flap for the Project Site The Project Proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 211 2 ta www.FinanceDTA.com SECTION I EXECUTIVE SUMMARY instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. As illustrated in Figure 2 and presented in Table 1 on the following page, the Project site is proposed to be redeveloped with three buildings encompassing approximately 313,244 building square feet ("BSF") of LLIU space. Figure 20 Proposed Project Site Plan 'I-,"��. Vl� CEMER �NVE ' INfE CENIFA �RM1EIRMbI � �. / — . o Buil Build ' ng 2A uildin 2B 45 SEI -- - -' OVERALL SITE PLAN South Coast Technology Center B Overview of Economic Impact Analysis This Study identifies the general economic impacts of the Project on the County and City. Economic impact studies operate under the basic assumption that any increase in spending resulting from a development project has direct, indirect, and induced economic effects. First, there is a direct impactcaused by the additional output of goods or services on -site. Second, there are a ripple of indirect impacts on all the industries whose outputs are used by firms located within the Project and various firms' supply chains. Third, there are induced impacts that arise when employment increases in the region and stimulates greater household spending. In evaluating these economic impacts, the Study incorporates two stages of the development process: (i) construction and (ii) recurring operations. First, there is a one- time impact from the construction of the various types of land uses within the Project. Then, after the construction and tenant improvement phases are complete, the Study determines the magnitude of the permanent annual recurring impact on the economy through the ongoing operations of the development that has occurred on the Project site. South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 212 3 SECTION I ta www.FinanceDTA.com EXECUTIVE SUMMARY DTA used the web application of the Impact Analysis for Planning ("IMPLAN") economic modeling system for its analysis. IMPLAN is a nationally recognized input-output model that can be used to estimate the impacts of new development on the economy through the use of an economic multiplier analysis that is applied to individual counties (e.g., Orange County). The economic multipliers are based on a proprietary model that inputs a series of extensive databases, local economic factors, and demographic statistics. A more detailed discussion regarding the IMPLAN model, as well as the conclusions described in this Executive Summary and assumptions and methodology utilized to reach these conclusions, may be found in Sections II -IV of the Study. C Recurring Economic Impacts of the Project As shown in Table 1, the annual recurring economic impacts of the Project on the City will be substantial. First, the Project is anticipated to create 425 permanent Full -Time Equivalent ("FTE") jobs on -site. In addition, the Project is expected to generate 262 permanent recurring indirect and induced full-time/part-time jobs off -site within the City, for a total of 687 jobs. As the City's total current workforce consists of 141,545 employees, FTE and part-time employees holding these additional jobs will constitute a 0.49% increase in the size of the City's current workforce. The total Labor Income associated with these new jobs will equal $63.1 million generated annually directly on -site, plus $22.4 million off -site Citywide, for a total increase in Labor Income of $85.5 million annually within the City. Finally, adding in $54.0 million in Other Value -Added revenues and $116.5 million in Intermediate Inputs yields a total recurring Citywide economic output of $256.1 million per year from the Project, which represents a considerable boost to the City's economy. Table 1: Project's `Dotal Recurring Annual Impacts on the City JW Recurring Annual Impacts Indirect/Induced Tot Employment 425 262 687 Overall Economic Output $195,213,681 $60,921,643 $256,135,324 Labor Income $63,120,866 $22,420,892 $85,541,7 88 Other Value Added $38,616,322 $15,432,424 $54,048,746 Intermediate Inputs $93,476,494 $23,068,326 $116,544,820 Note: All numbers are subject to rounding. D One -Time Economic Impacts of the Project Similarly, as reflected in Table 2 below, the one-time economic impacts from the construction of the Project on the City will also be significant. First, the Project is anticipated to create 457 FTE construction jobs on -site. In addition, the Project is expected to generate 98 indirect and induced full-time/part-time jobs off -site within the City, for a total of 555 one-time jobs within the City. The total Labor Income associated with these added employees will equal $38.0 million directly on -site, plus $7.3 million off -site but within the City, for a total increase in Labor Income of $45.3 million Citywide South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 213 n SECTION I ta www.FinanceDTA.com EXECUTIVE SUMMARY on a one-time basis. Finally, adding in $6.9 million in Other Value -Added revenues and $32.4 million in Intermediate Inputs yields a total one-time Citywide economic output for the Project of $84.66 million, which represents a considerable boost for construction within the City. Notably, the one-time construction output represents the aggregate outputs generated during the overall Project construction period, which could span over more than one year. Table 2: Project's One-Time/Construction Impacts on the City Employment 457 98 555 Overall Economic Output $63,500,000 $21,159,774 $84,659,774 Labor Income $38,002,669 $7,346,977 $45,349,646 Other Value Added $1,126,141 $5,802,880 $6,929,022 Intermediate Inputs $24,371,189 $8,009,916 $32,381,106 Note: All numbers are subject to rounding. E Jobs -Housing Balance The jobs -housing balance is an indicator of the relative equilibrium between employment and housing opportunities in a given area. A positive balance between jobs and housing has a beneficial impact on a municipality by decreasing costs associated with commuting and traffic congestion. It also reduces commute times, improves local social, cultural and family involvement, provides a more attractive work/life balance to residents, and generates savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. As reflected below in Table 3, the City's current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, exceeding the Statewide average of 1.260. The addition of 687 new jobs through the construction of the Project would increase this ratio to 1.733. A more detailed explanation of this metric is included in Section IV of this Study. Table 3: Pre -Project and Post -Project Jobs -Housing Balance ME®ascription Citywide re -Project Average'Mr- Post -Project Statewide Average Numberi Jobs Number ofHousingUnits i- i i '�- i i•i • i � i i � i � � • i i Jobs -Housing Balance 1 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2023. 2 Labor Market Information Division, State of California Employment Development Department. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 214 5 ta www.FinanceDTA.com II INTRODUCTION A Purpose of the Study SECTION II INTRODUCTION The objective of this Economic Impact Study (the "Study') is to analyze the economic impacts of the proposed industrial use development known as South Coast Technology Center (the "Project") within the City of Santa Ana (the "City') in the County of Orange (the "County"), California. This Study identifies the general economic impacts of the Project on the County and City. General economic impacts include additions to the County's and City's employment (number of average annual full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). Economic impact studies also operate under the basic assumption that any increase in impacts has direct, indirect, and induced effects as illustrated in Figure 3 below. First, there is a direct effect caused by the additional output of goods or services on -site. Second, there is a ripple of indirect effects on all the industries whose outputs are used by firms located within the Project and various firms' supply chains. Third, there are induced effects that arise when employment increases in the region and stimulates greater household spending. Figure 3: Direct, Indirect, and Induced Impacts South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 215 M ta www.FinanceDTA.com SECTION II INTRODUCTION The Study also distinguishes between one-time economic impacts and permanent economic impacts. One-time impacts include benefits to the community that occur on a non -recurring basis as a result of construction and development activity, while permanent recurring impacts refer to benefits that occur on a continuous basis year after year once the Project has been build -out. Generally, first, there is a one-time impact from the construction of the facility. Then, after the construction phases are complete, firms have a recurring impact on the economy through their ongoing operations. Additionally, for the purposes of the Study, all economic impacts are stated in constant 2024 (uninflated) dollars based on the assumption that the relative impacts of inflation in future years may be difficult to gauge. B Description of the Project The Project location delineated in Figure 1, which may be found in the Executive Summary of this Study, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD-58") zoning district, with the permissible land uses of commercial/retail uses and professional and business offices. The Project Proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. A summary of the proposed land uses and their respective associated BSF in the Project is listed below in Table 4 and depicted in Figure 2 in the Executive Summary of this Study. Table 4: Proposed Land Uses for the Project Industrial Building 1 112,230 Industrial Building 2 121,645 Industrial Building 3 79,369 Grand Total 1 313,244 For purposes of this Study, Industrial Buildings 1 and 2 are assumed to be occupied by tenants in the Surgical and Medical Instrument Manufacturing sector, while Building 3 is assumed to house a tenant in the Electromedical and Electrotherapeutic Apparatus Manufacturing sector. Both manufacturing sectors have prominent employment bases in the County and are permissible LLIUs. The City and Project proponent have deemed South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 216 7 ta www.FinanceDTA.com SECTION II INTRODUCTION those uses to be feasible on the Project site. However, since the Project proponent is constructing all three buildings on a speculative basis, the building uses presented in this Study are preliminary and cannot be guaranteed by the Project proponent or the City. C Approach to the Study The Study distinguishes between one-time impacts and permanent impacts. In evaluating these impacts, the Study quantifies both direct and indirect/induced economic impacts on the County and City. Direct economic impacts reflect the initial or first -round increases in jobs, earnings, and output, all of which occur directly on -site. Indirect/induced economic impacts are the secondary and other additional rounds of economic activity that occur as a result of the direct impacts and generally take place elsewhere within the County and City. The indirect impacts represent the economic activity, specifically the buying and selling of goods and services, of suppliers to the Project land use types analyzed. In this Study, suppliers to the Project consist primarily of wholesalers, maintenance and repair professionals, utilities' providers, real estate services, and employment and business support services. One-time impacts include benefits to the County and City that occur on a non -recurring basis as a result of construction and development activity, while permanent impacts refer to benefits that occur on a continuous basis year after year. The suppliers representing the indirect one-time impacts are mainly heavy industrial and construction suppliers for the actual development of buildings and facilities. The induced impacts represent the economic activity that results from household spending by employees of all companies directly and indirectly affected by the construction and operation of the land uses analyzed in this Study. For the purposes of determining impacts, the Study employs two standards that are frequently utilized in economic impact studies, as detailed below. CJ North American Industry Classifications Indirect and induced impacts can occur throughout all industries of the economy and have been categorized using the North American Industry Classification System ("NAICS"). Adopted by the Office of Management and Budget ("OMB") in 1997 to replace the Standard Industrial Classification ("SIC") System, NAICS is a widely used system that classifies business establishments for the collection, analysis, and publication of statistical data in Canada, Mexico, and the United States. NAICS industries are identified using a 6-digit coding system to classify all economic activity into 20 broad sectors, five of which are mainly goods -producing sectors and 15 of which are services -producing sectors. This 6-digit hierarchical structure allows for the identification of nearly 1,170 industries. IMPLAN employs a sectoring scheme representing rollups of NAICS descriptions, with each sector having its own spending pattern derived from the U.S. Bureau of South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 217 ta www.FinanceDTA.com SECTION II INTRODUCTION Economic Analysis' expenditures patterns. The Electromedical and Electrotherapeutic Apparatus Manufacturing Sector and Surgical and Medical Instrument Manufacturing Sector are the focal IMPLAN sectors analyzed within this Study to determine the indirect and induced economic impacts generated by the Project. C.2 IMPLAM Multipliers Although most economists agree that indirect and induced effects, or "multiplier" effects, exist, most economists also concur that such effects are difficult to measure. Patterns of spending and employment among suppliers and employee households often vary over time and from one region to another. Nevertheless, there are certain input-output models that can be used to estimate indirect and induced effects. In quantifying the indirect and induced economic impacts for the Study, DTA utilized the IMPLAN input-output modeling system, a type of quantitative economic model that provides an approximate measure of the "multiplier effect" of a firm's spending on payroll and the purchasing of goods and services. DTA used the web application of the IMPLAN economic modeling system with economic data from 2022 for the County ("IMPLAN Study Model"). Like similar econometric models, IMPLAN helps calculate the flow of payments for goods and services across different industry sectors and between households and industries. Unlike similar econometric models, e.g., the Regional Input -Output Modeling System ("RIMS II"), IMPLAN is the industry standard. RIMS II and IMPLAN both include induced effects, but RIMS II differs from IMPLAN in two ways. Specifically, RIMS II uses a single household type for induced personal consumption and employs the traditional single row/column Type II formulation, whereas IMPLAN uses nine (9) household types and applies a more robust mapping of factor income to household consumption using several submatrices. RIMS II also uses location quotients to regionalize the national technical coefficients, a method that underestimates inter -regional trade and overestimates regional multipliers when cross -hauling is present. The IMPLAN model can be envisioned simply as a large spreadsheet with hundreds of industries (plus the household sector) arrayed across the top as producers and the same industries and households listed down the side as consumers. Each million dollars (output) in spending by any one consumer (i.e., the Project) is allocated across the producing industries from which it buys goods and services. These producing industries, in turn, spend money buying goods and services from their own distinct sets of suppliers. Thus, the IMPLAN multiplier model allows one to gauge the effect on each dollar expended by an industry as it diffuses through a regional economy. Furthermore, it allows one to translate the overall regional impact of spending into jobs and employee South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 218 0 ta www.FinanceDTA.com SECTION II INTRODUCTION compensation. Please refer to Figure 4 for a graphical representation of the multiplier effect. The multiplier factors available to determine indirect/induced impacts are intended to reflect impacts for entire areas within the County. Figure 4: Multiplier Effect of Project Expenditures Outside Purchases Outside Labor Outside Source: Northern Economics, Inc. 2011. D Study limitations The economic models in the Study contain an analysis of revenues and impacts to the County and City resulting from the Project. These models are based on information provided to DTA by the Project proponent, certain assumptions taken from DTA's proprietary databases as compiled from previous studies prepared by the firm, Spotlight by Environics Analytics, and Internet research performed by DTA regarding various industries. The sources of information and basis of the estimates calculated in the Study are stated herein. While DTA is confident that the sources of information are reliable, DTA does not express an opinion or any other form of assurance on the accuracy of such information. The analysis of economic impacts contained in this report is not considered to be a "financial forecast" or "financial projection" as technically defined by the American Institute of Certified Public Accountants. The word "projection" used within this report relates to broad expectations of future events or market conditions. Since the analyses contained herein are based on estimates and assumptions that are inherently subject to uncertainty and variation depending on evolving events, DTA cannot represent that such estimates will be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur. Therefore, the actual results achieved may vary from the projections stated throughout the Study. South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 219 ■ K ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS III RECURRING ANNUAL AND ONE-TIME ECONOMIC IMPACTS As noted previously, the Study identifies the general impacts on the County and City economy that would result from the construction of the Project and quantifies these impacts wherever possible. General economic impacts include additions to the County's and City's employment (number of average annual full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). The Study also distinguishes between one-time economic impacts and permanent economic impacts. One-time impacts include benefits to the community that occur on a non -recurring basis as a result of construction and development activity, while permanent recurring impacts refer to benefits that occur on a continuous basis year after year. A Description of the Annual Recurring Impacts of the Project A.1 Employment "Employment" follows the same definition as the U.S. Bureau of Economic Analysis' regional economic accounts and U.S. Bureau of Labor Statistics' Census of Employment and Wages data, which is the full-time/part-time annual average. Thus, one (1) job lasting 12 months is equivalent to two (2) jobs lasting 6 months each or four (4) jobs lasting 3 months each. In terms of a typical IMPLAN analysis, a job that lasts 6 months would be considered 1/2 (0.50) of a job, while one that lasts 3 months would be considered 1/4 (0.25) of a job. Notably, IMPLAN's analysis normally includes both FTE jobs and part-time jobs, which overstates the number of FTE jobs generated by a development project. In order to compensate for that factor, DTA applies a discounting factor provided by IMPLAN that varies by industry and can be used to reduce the number of direct jobs generated by IMPLAN in our Study so that it represents the equivalent of the number of FTE direct jobs. The indirect and induced full-time/part-time job estimates for the Project were derived utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and, therefore, within the County itself, with an estimated 50% of those jobs to be located within the City. Similarly, the Project's jobs will lead to more consumer spending by employees in existing retail establishments within the County and City, as well as new retail development that will be attracted to the County and City as a result of this spending. Job creation also results in increased tax revenues to the County and City through increased property taxes and sales taxes related to this new development. However, because of potential differences in the timing of the build -out of the Project, the number of employees summarized above will likely not be realized at South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 220 11 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS the same time. Notably, it is possible that the build -out of the Project will occur over more than one year and the demand for some elements of the Project may fluctuate over time. DTA estimated the number of direct employees at the Project's build -out based upon the 737 Square Feet per Employee ("SF/E") factor provided by the Project Proponent. Based on several data sources that provided this type of data for similar land uses, DTA deemed this metric to be appropriate for the Project. Simply put, the Project will contribute to the creation of new jobs in the County and City. As reflected in Figure 5 and Table 5, the development of the Project is forecasted to generate approximately 425 estimated new recurring permanent on -site FTE jobs within the County and City annually. In addition to these on -site employment opportunities, DTA estimates that the Project will generate new off -site jobs in all industries of the County's and City's economy that constitute the indirect/induced employment impacts of the Project. A total of 240 permanent indirect jobs and 284 induced jobs are expected to be created in the County, with 120 of those indirect jobs and 142 of those induced jobs occurring within the City. As described previously, indirect jobs are those that are located off -site but are necessary to support the Project by providing goods and services to on -site businesses. Induced jobs are those that result from the expenditures made by the employees working directly or indirectly on -site within the Project. Table 5: Project's Recurring Annual Employment Impact Conclusions Recurring Annual Employment Impacts Land Use 0 rSF/E� Indirect3 Induced `Total Direct County City' Countyjk City' County City Industrial Industrial Building Three Note: All numbers are subject to rounding. 3 The IMPLAN Study Model outputs are based on the number of direct employees. 4 Assumes 50% of the indirect/induced jobs generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 221 12 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 5: Annual Recurring Jobs Generated by the Project 1,000 900 800 700 600 500 400 300 200 100 0 142 120 425 County City ■ Direct ■ Indirect FA Indudced The indirect and induced job estimates for the Project were derived utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and therefore, within the City itself. Similarly, the Project's jobs will lead to more consumer spending by employees in existing retail establishments within the City and County, as well as new retail development that will be attracted to the City and County as a result of this spending. Job creation also results in increased tax revenues to the City and County through increased property taxes and sales taxes related to this new development. However, as a result of potential differences in the timing of the build -out of the Project, the number of employees summarized above will likely not be realized at precisely the same time. Notably, it is estimated that the build -out of the Project will occur over several years, as the demand for some elements of the Project may fluctuate over time. A.2 Total Economic Output "Total Economic Output" represents the total value of all goods and/or services produced throughout a designated economy during a specified period of time, including Labor Income, Other Value Added, and the cost of Intermediate Inputs. Each of these components are defined below. "Labor Income" includes employee compensation (wages and benefits) and payments received by self-employed individuals and unincorporated South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 222 13 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS business owners. The Quarterly Census of Employment and Wages ("CEW") published by the Bureau of Labor Statistics is the primary source of employment and income data for IMPLAN. "Other Value Added" encompasses other property income, such as the consumption of capital investment, profits, royalties, dividends, interest impacts, and taxes on production and imports. The primary sources of Other Value Added are taxes on production and imports net of subsidy and Gross Operating Surplus ("GOS") data at the 3-digit NAICS level released by the Bureau of Economic Analysis. "Intermediate Inputs" include purchases of non -durable goods and services used for the production of other goods and services within a project, rather than for final consumption. Intermediate Inputs equal the Total Economic Output minus the sum of Labor Income and Other Value Added. Total Economic Output within the City and County will increase substantially as a result of the development of the Project and can be estimated based on the different types of development projected to occur. As previously stated, this Study analyzes direct, indirect, and induced impacts. With regard to direct impacts, the economic output reflects the initial or first -round increases in the total value of all goods and/or services produced (total spending/gross receipts, plus the Labor Income listed in Table 6 and other incomes/taxes), all of which occur directly on the Project site. Indirect/induced economic impacts are the secondary and other additional rounds of economic activity that occur due to the direct output impacts and can take place outside of the boundaries of the Project site. The indirect impacts represent economic activity, specifically the buying and selling of goods and services, of suppliers and/or supporting businesses. The induced impacts represent economic activity that results from household spending by employees of all companies directly and indirectly affected by the Project. Please refer to Figure 3 for a graphical representation of the indirect and induced effects. The generation of 949 new jobs in the County will increase the payrolls collected by County and City residents who are holding these jobs, which were estimated utilizing the IMPLAN Study Model. As summarized in Table 6 and listed in detail in Appendix A, the jobs to be generated by the Project will provide Labor Income ranging from an average of $133,608 per year for Surgical and Medical Instrument Manufacturing Sector jobs in Buildings 1 and 2 to an average of $192,289 per year for Electromedical and Electrotherapeutic Apparatus Manufacturing Sector jobs in Building 3. This would result in an average income of $148,520 per direct FTE employee on -site and an average Labor Income of $124,541 per job if we also include both indirect and induced jobs. Total aggregate Labor Income paid to all direct, indirect, and induced employees for the Project will equal $108.0 million within the County, with $85.5 million of the income generated within the City. The total direct South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 223 ■mr ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Labor Income generated by the Project on -site is anticipated to be $63.1 million. Table 6: Annual Recurring Labor Income Generated by the Project i-. 0.. i..,.- i. -i County $63,120,866 $25,448,599 $19,393,185 $107,962,650 Citys $63,120,866 $12,724,299 $9,696,592 $85,541,758 Note: All numbers are subject to rounding. The IMPLAN Study Model also includes algorithms that forecast the Other Value Added and Intermediate Inputs to be generated by the Project. As reflected in Tables 7 and 8, DTA has estimated that the Project's direct and indirect/induced economic outputs total $317.1 million for the County and $256.1 million for the City. As summarized in Table 8 and Figure 6, and listed in detail in Appendix A, the total direct economic output generated by the Project on -site is anticipated to be $195.2 million. Table 7: Project's Total Annual Recurring Impacts (County) MOMMEEM - -. Overall Economic Output $195,213,681 $121,843,286 $317,056,967 Labor Income $63,120,866 $44,841,784 $107,962,650 Other Value Added $38,616,322 $30,864,849 $69,481,171 Intermediate Inputs $93,476,494 $46,136,653 $139,613,146 Note: All numbers are subject to rounding. Table 8: Project's Total Annual Recurring Impacts (City) • - i . Overall Economic Output $195,213,681 $60,921,643 $256,135,324 Labor Income $63,120,866 $22,420,892 $85,541,758 Other Value Added $38,616,322 $15,432,424 $54,048,746 Intermediate Inputs $93,476,494 $23,068,326 $116,544,820 Note: All numbers are subject to rounding. 5 Assumes 50% of the indirect/induced Labor Income generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 224 15 SECTION III ta www.FinanceDTA.com RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 6: Annual Recurring Economic Output Generated by the Project $350 C ® $300 $250 $200 $150 5.2 $100 $50 $0 County City ■ Direct ■ Indirect Induced B Description of the One -Time Construction Impacts of the Project As was the case for annual recurring economic impacts, one-time impacts generate one-time non -recurring increases in the County's and City's employment rates (number of full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). The difference is that one-time impacts include economic benefits to the community that occur on a non -recurring basis as a result of construction and development activity. B.1 One -Time Employment According to the IMPLAN Study Model, development of the Project is also projected to create 457 estimated one-time FTE construction -related jobs on -site and 196 one-time indirect and induced full-time/part-time jobs off -site in the County, with 98 of those jobs within the City, for a total of 653 and 555 one-time jobs within the County and City, respectively. Table 9 and Figure 7 below, as well as Appendix B, summarize the projected increases in one-time employment that are generated from the construction of the Project land uses. `Fable 9: Project's One -`Dime Construction and Development Employment County 457 53= 143 653 City6 457 26 1 72 555 �71 Note: All numbers are subject to rounding. 6 Assumes 50% of the indirect/induced jobs generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 225 W ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 7: Project's One -Time Construction and Development Employment 700 600 143 72 S00 400 300 200 9100 0 County city ■ Direct ■ Indirect ■ Induced B.2 One -Time Labor Income One-time construction and development costs will also have multiplier effects on the economy, thereby generating one-time increases in Labor Income from the construction of the site infrastructure improvements and non-residential buildings. The average Labor Income is $83,157 per direct FTE job on -site, with an average Labor Income of $81,699 per job including both indirect and induced jobs. Table 10 and Figure 8 below, as well as Appendix B, summarize the projected increases in Labor Income generated from the construction of the Project land uses. Table 10: Project's One -Time Construction and Development Labor Income County $38,002,669 $4,912,090 $9,781,864 $52,696,624 City7 $38,002,669 $2,456,045 $4,890,932 $45,349,646 Note: All numbers are subject to rounding. 7 Assumes 50% of the indirect/induced Labor Income generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 226 17 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 8: Project's One -Time Construction and Development Labor Income $60 C 0 is $50 $40 $30 $20 $10 $0 County City ■ Direct Indirect ■ Induced B.3 One -Tune Total Economic Output According to the IMPLAN Study Model, the development of the Project is also projected to generate one-time increases of $105.82 million in Total Economic Output from the construction and development of the site infrastructure improvements and non-residential buildings within the County, with increases of $84.66 million in Total Economic Output within the City. Table 11 and Figure 9 below, as well as Appendix B, summarize the projected increases in total one-time economic output generated from the construction and development of the Project land uses. Table 11: Project's One -Time Construction and Development Total Economic Output MINTZIiII0, I County $63,500,000 $14,235,907 $28,083,641 $105,819,548 City8 $63,500,000 $7,117,954 $14,041,820 $84,659,774 Note: All numbers are subject to rounding. 8 Assumes 50% of the indirect/induced economic outputs generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 227 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 9: Project's One -Time Construction and Development `Dotal Economic Output 2 $120 0 is $100 $28.1 $14.0 $80 $60 $40 63.5 $20 County City ■ Direct ■ Indirect Induced South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 228 ■ VI ta www.FinanceDTA.com SECTION V PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE IV PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE As stated previously, the Project is estimated to create approximately 425 new on -site permanent recurring FTE jobs and DTA approximates that an additional 262 new off -site indirect and induced permanent recurring full-time/part-time jobs will be created Citywide. This results in a jobs -housing balance calculation wherein the numerator (i.e., number of jobs) increases, while the denominator (i.e., number of housing units located in the City) remains the same. The jobs -housing balance is an indicator of the balance between employment and housing opportunities in a given area. To a large degree, the jobs available in a community should adequately represent the skills of the community's labor force. Housing prices/locations should also be suited to the budgets of the workers within that community. However, defining what constitutes a "balance" is not an easy task due to variations in local and regional economies and housing patterns, e.g., what indicates "balance" in the City might not be similarly appropriate in other parts of the State. A positive balance between jobs and housing has a beneficial impact on the City by decreasing costs associated with commuting and traffic congestion. A balanced jobs -housing ratio also provides, inter alia, reduced commute times, improved social and cultural involvement, a more attractive work/life balance to residents, and savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. For example, any decrease in transportation facility costs experienced by local public agencies will enable these agencies to invest their tax proceeds in other facilities that can improve the quality of life within the City, such as libraries, recreational projects, and other community amenities. All these factors enhance the City's economic well-being and that of the residents of the City, a portion of whom will find work within the Project. Notably, the change in the City's jobs -housing balance will be mitigated by an influx of residents to the City who currently live elsewhere but might move to the City in order to live closer to the new jobs generated directly or indirectly by the Project. However, this in turn would increase the City's labor force and provide new consumers who will support existing and new businesses in the City that will provide them with the necessary goods and services. The positive impact of an increase in the City's jobs -housing balance can't be overstated. South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 229 20 ta www.FinanceDTA.com SECTION V PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE At build -out, the Project will have a positive effect on the City's jobs -housing balance. Table 12 and Figure 10 below summarize the pre -Project and post -Project jobs -housing balance, as well as California Statewide average development figures. Table 12: Pre -Project and Post -Project Jobs -Housing Balance ��Description Pre -Project Post -Project Number of Jobs 141,5459 142,232 18,537,400 Number of Housing Units 82,058 82,058 14,707,698 Existing10 82,058 82,058 14,707,698 New N/A 0 0 Jobs -Housing Balance 1.725 1.733 1.260 Figure 10: Pre -Project and Post -Project Jobs -Housing Balance: 2.000 1.500 1.725 1.733 1.000 260 0.500 1. 0.000 F Pre -Project Post -Project Statewide Citywide Citywide As reflected above in Table 12 and Figure 10, the City's current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, exceeding the Statewide average of 1.260. Clearly, the City is an employment -rich community with a large number of local jobs that are likely to provide employment to both City residents and persons residing outside of the City. The addition of 687 new jobs through the construction of the Project would increase this ratio to 1.733. As the City's total current workforce consists of 141,545 employees, FTE and part-time employees holding these additional jobs will constitute a 0.49% increase in the size of the City's current workforce. 9 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2023. io Labor Market Information Division, State of California Employment Development Department. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 230 21 APPENDIX A EPD Solutions, Inc. South Coast Technology Center Project Economic Impact Study ANNUAL RECURRING ECONOMIC IMPACTS OF THE PROJECT City Council 28 — 231 8/6/2024 dta W W W.F1 N ANC EDTA_C OM Appendix A South Coast Technology Center Project City of Santa Ana Recurring Economic Impact (2024$) Industrial Building One County 313.37 $107,862 $33,800,653 $18,983,991 $41,219,898 $94,004,542 Direct 152.00 $133,608 $20,308,390 $9,333,289 $27,182,408 $56,824,086 Indirect 72,07 $102,622 $7,395,932 $4,537,821 $7,735,873 $19,669,627 Induced 89.30 $68,268 $6,096,330 $5,112,882 $6,301,617 $17,510,829 City 232.69 $116,271 $27,054,521 $14,158,640 $34,201,153 $75,414,314 Direct 152.00 $133,608 $20,308,390 $9,333,289 $27,182,408 $56,824,086 Indirect' 36.04 $102,622 $3,697,966 $2,268,911 $3,867,937 $9,834,814 Induced' 44.65 $68,268 $3,048,165 $2,556,441 $3,150,808 $8,755,414 Industrial Building Two County 340.17 $107,862 $36,691,498 $20,607,622 $44,745,284 $102,044,404 Direct 165.00 $133,608 $22,045,292 $10,131,530 $29,507,219 $61,684,041 Indirect 78.23 $102,627 $8,028,479 $4,925,925 $8,397,494 $21,351,898 Induced 96.94 $68,266 $6,617,727 $5,550,167 $6,840,571 $19,008,465 City 252.59 $116,271 $29,368,395 $15,369,576 $37,126,252 $81,864,223 Direct 165.00 $133,608 $22,045,292 $10,131,530 $29,507,219 $61,684,041 Indirect' 39.12 $102,627 $4,014,240 $2,462,962 $4,198,747 $10,675,949 Induced' 48.47 $68,266 $3,308,864 $2,775,084 $3,420,285 $9,504,233 Industria e County 295.17 $126,945 $37,470,499 $29,889,557 $53,647,964 $121,008,020 Direct 108.00 $192,289 $20,767,184 $19,151,503 $36,786,866 $76,705,554 Indirect 89.34 $112,203 $10,024,188 $5,135,268 $9,956,867 $25,116,322 Induced 97.83 $68,273 $6,679,127 $5,602,786 $6,904,231 $19,186,145 City 201.59 $144,449 $29,118,842 $24,520,530 $45,217,415 $98,856,787 Direct 108.00 $192,289 $20,767,184 $19,151,503 $36,786,866 $76,705,554 Indirect 44.67 $112,203 $5,012,094 $2,567,634 $4,978,433 $12,558,161 Induced' 48.92 $68,273 $3,339,564 $2,801,393 $3,452,116 1 $9,593,072 Grand Total e Countyl 948.71 1 $113,799 1 $107,962,650 $69,481,171 $139,613,146 $317,056,967 Grand Total - Cityl 686.86 1 $124,541 1 $85,541,758 $54,048,746 $116,544,820 $256,135,324 Assumes 50% of County's indirect/induced impacts will be created within the City. City Council Page 1 of �8 — 232 8/6/2024 APPENDIX 8 EPD Solutions, Inc. South Coast Technology Center Project Economic Impact Study ONE-TIME ECONOMIC IMPACTS OF THE PROJECT City Council 28 — 233 8/6/2024 dta WWW.FINANCEDTA_COM Appendix B South Coast Technology Center Project City of Santa Ana One-time Economic Impact (2024$) Per Aggregate Val ue . ..Expenditures .. -- Vertical Construction Intermediate Total Output County 653.17 $80,678 $52,696,624 $12,731,902 $40,391,022 $105,819,548 Direct 457.00 $83,157 $38,002,669 $1,126,141 $24,371,189 $63,500,000 Indirect 52.82 $92,997 $4,912,090 $3,413,289 $5,910,528 $14,235,907 Induced 143.35 $68,238 $9,781,864 $8,192,471 $10,109,305 $28,083,641 City 555.09 $81,699 $45,349,646 $6,929,022 $32,381,106 $84,659,774 Direct 457.00 $83,157 $38,002,669 $1,126,141 $24,371,189 $63,500,000 Indirect' 26.41 $92,997 $2,456,045 $1,706,645 $2,955,264 $7,117,954 Induced' 71.68 $68,238 $4,890,932 $4,096,236 $5,054,652 $14,041,820 Grand Total - Countyl 653.17 1 $80,678 1 $52,696,624 $12,731,902 $40,391,022 $105,819,548 Grand Total - Cityl 555.09 1 $81,699 1 $45,349,646 $6,929,022 $32,381,106 $84,659,774 ' Assumes 50% of County's indirect/induced impacts will be created within the City. City Council Page 2 of ?8 — 234 8/6/2024 www.FinanceDTA.com VON KARMAN AVENUE, SMITE 220 IRVINE, CA 92612 Development Economics Clean Energy Bonds Exhibit 9 - Community Meeting Documents The project was subject to the City's Sunshine Ordinance (Ordinance No. NS-3040) requiring two community meetings to facilitate early public participation. The first community meeting was held on September 27, 2023, and the second meeting was held on January 10, 2024. All materials from the two required community meetings were published, and can be found on the project's webpage on the City's website: httos://www.santa-ana.org/south-coast-technology-center-3100-3110-3120-west-lake-center- d rive City Council 28 — 236 8/6/2024 Planning Commission Regular Meeting Agenda July 8, 2024 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA Members of the public may attend this meeting in -person or join via Zoom. Join from your computer: https://zoom.us/j/81145086688 Join from your mobile phone via Zoom App. Meeting ID: 81145086688 Dial in from a mobile phone or landline. (669) 900- 6833; Meeting ID: 81145086688 *For viewing only: www.youtube.com/cityofsantaanavideos. Please note: There is up to a 30 second delay when viewing the meeting via YouTube. If you plan to provide a public comment during the meeting, please join the meeting via Zoom. For detailed participation and commenting options, please review the instructions provided at the end of this agenda. To download or view each item, select either Download PDF or View Item Details to the right of the agenda title. City Council 28 — 237 8/6/2024 JENNIFER OLIVA Vice -Chair Ward 6 Representative MANUEL J. ESCAMILLA Ward 2 Representative ISURI S. RAMOS Ward 3 Representative Jose Montoya Legal Counsel BAO PHAM Chair, Ward 1 Representative Minh Thai Executive Director Ali Pezeshkpour, AICP Planning Manager CHRISTOPHER LEO Citywide Representative CARL BENNINGER Ward 4 Representative ALAN WOO Ward 5 Representative Nuvia Ocampo Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 28 — 238 8/6/2024 CALL TO ORDER Commissioners: Executive Director Chief Asst. City Attorney Planning Manager Recording Secretary ROLL CALL PLEDGE OF ALLEGIANCE PUBLIC COMMENTS CONSENT CALENDAR ITEMS a. Minutes Bao Pham, Chair Manuel Escamilla Christopher Leo Carl Benninger Jennifer Oliva Isuri S. Ramos Alan Woo Minh Thai Jose Montoya Ali Pezeshkpour, AICP Nuvia Ocampo Recommended Action: Approve Minutes from June 24, 2024. b. Excused Absences Recommended Action: Excuse absent commissioners. *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting City Council 28 — 239 8/6/2024 Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on June 28, 2024, and notices were mailed on said date. 1. MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2005-22 FOR THE PROPERTY LOCATED AT 1441 WEST SEVENTEENTH STREET LOCATED WITHIN THE GENERAL COMMERCIAL (C2) ZONING DISTRICT. Project Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005-22 to allow the sale of distilled spirits, in addition to beer and wine, for off -site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 — Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2005-22- MOD-1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 2. MODIFICATION OF CONDITIONAL USE PERMIT (CUP) NO. 2012-14 FOR THE PROPERTY LOCATED AT 3300 SOUTH BRISTOL STREET LOCATED WITHIN THE PLANNED SHOPPING CENTER (C4) ZONING DISTRICT. Project Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2012-14 to allow the sale of distilled spirits, in addition to beer and wine, for off -site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 — Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Recommended Actions: 1. Adopt a resolution approving Conditional Use Permit No. 2012-14- MOD-1 as conditioned, and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. 3. CONDITIONAL USE PERMIT (CUP) NO. 2024-06 AND CONDITIONAL USE PERMIT (CUP) NO. 2024-07 FOR THE PROPERTY LOCATED AT 1303 City Council 28 — 240 8/6/2024 NORTH BRISTOL STREET FOR THE PROPERTY LOCATED WITHIN THE BRISTOL STREET CORRIDOR SPECIFIC PLAN (SP1) ZONING DISTRICT. Project Applicant: Jay Higgins, with Raising Cane's Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project: Applicant requests approval of Conditional Use Permit (CUP) No. 2024-06 and Conditional Use Permit (CUP) No. 2024-07 to allow for the construction of a new eating establishment (Raising Cane's Chicken Fingers) with drive -through window services and after-hours operation (between 12.00 a.m. and 5.00 a.m.). The subject site is comprised of two parcels, Assessor's Parcel No. (APN) 405-272-21 and 405-272-24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 — New Construction) of the CEQA guidelines. Environmental Review No. 2023-72 will be filed for this project. Recommended Actions: Adopt a resolution approving Conditional Use Permit No. 2024-06 for drive -through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024-07 for after- hours operation, as conditioned. 4. ZONING ORDINANCE AMENDMENT (ZOA) NO. 2024-01 FOR PROPERTY LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (COLLECTIVELY REFERRED TO AS 3100 WEST LAKE CENTER DRIVE) LOCATED WITHIN SPECIFIC DEVELOPMENT NO. 58 (SD-58) Project Applicant: Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project: Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying Specific Development No. 58 (SD-58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development ("South Coast Technology Center'). The subject site is comprised of several parcels, including Assessor's Parcel Nos. (APNs) 414-272-09, 414-272-10, and 414-261-01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be filed for this project. Recommended Actions: 1. Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying various sections of the Specific Development No. 58 (SD-58) zoning district. City Council 28 — 241 8/6/2024 Administrative Matters 5. ELECTION OF OFFICERS FOR THE PLANNING COMMISSION FOR THE 2024- 2025 TERM. Recommended Actions: • Elect a Chairperson for the 2024-2025 term. • Elect a Vice Chairperson for the 2024-2025 term. *End of Business Calendar* STAFF COMMENTS • Update on Comprehensive Zoning Code Update Workshops COMMISSIONER COMMENTS ADJOURNMENT The next meeting of the Planning Commission will be on July 22, 2024 at 5.30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten-day appeal period, unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5.00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: City Council 28 — 242 8/6/2024 Click on the link on top of this agenda OR Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting. When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: Download the free Zoom Cloud Meetings app from your favorite app store. Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting. When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900-9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting. When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: E-mail PBAecomments@santa-ana.org and reference the topic in the subject line. Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. City Council 28 — 243 8/6/2024 1 Planning Commission 6/24/2024 Planning Commission Regular Meeting Agenda Minutes Jennifer Oliva Vice -Chair, Ward 6 Representative Manuel J. Escamilla Ward 2 Representative Isuri S. Ramos Ward 3 Representative Jose Montoya Legal Counsel June 24, 2024 5:30 P.M. Council Chamber 22 Civic Center Plaza Santa Ana, CA Bao Pham Chair, Ward 1 Representative Minh Thai Executive Director Ali Pezeshkpour, AICP Planning Manager Christopher Leo Citywide Representative Carl Benninger Ward 4 Representative Alan Woo Ward 5 Representative Nuvia Ocampo Recording Secretary In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this Meeting, ®contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Notification 48 hours prior to the Meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting. The City Council agenda and supporting documentation can be found on the City's website — www.santa-ana.org/city-meetings. City Council 28 — 244 8/6/2024 2 Planning Commission 6/24/2024 CALL TO ORDER Commissioners: Executive Director Chief Asst. City Attorney Planning Manager Recording Secretary Bao Pham, Chair Manuel Escamilla Christopher Leo Carl Benninger Jennifer Oliva Isuri S. Ramos Alan Woo Minh Thai Jose Montoya Ali Pezeshkpour, AICP Nuvia Ocampo ROLL CALL Minutes: Quorum was reached at 5.35 PM with Chair Pham arriving at 5.38 PM and Commissioner Escamilla arriving at 5. 39 PM. PLEDGE OF ALLEGIANCE PUBLIC COMMENTS Minutes: None. CONSENT CALENDAR ITEMS a. Minutes Recommended Action: Approve Minutes from June 10, 2024. b. Excused Absences Recommended Action: Excuse absent commissioners. Moved by Commissioner Woo, seconded by Commissioner Benninger to Approve Minutes from June 10, 2024. YES: 4 — Isuri Ramos, Alan Woo, Jennifer Oliva, Carl Benninger NO: 0 — ABSTAIN: 0 — ABSENT: 3 — Bao Pham, Christopher Leo, Manuel J. Escamilla Status: 4-0-0-3— Pass Moved by Commissioner Benninger, seconded by Commissioner Oliva to Approve City Council 28 — 245 8/6/2024 3 Planning Commission 6/24/2024 excused absence from Commissioner Leo. YES: 6 — Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 — ABSTAIN: 0 — ABSENT: 1 — Christopher Leo Status: 6-0-0— 1 — Pass *End of Consent Calendar* BUSINESS CALENDAR Public Hearing: The Planning Commission decision on Conditional Use Permits, Variances, Tentative Tract and Parcel Maps, Minor Exceptions, Site Plan Review, and Public Convenience or Necessity Determinations are final unless appealed within 10 days of the decision by any interested party or group (refer to the Basic Meeting Information page for more information). The Planning Commission recommendation on Zoning and General Plan amendments, Development Agreements, Specific Developments, and Specific Plans will be forwarded to the City Council for final determination. Legal notice was published in the OC Reporter on June 14, 2024 and notices were mailed on said date. 1. CONDITIONAL USE PERMIT NO. 2024-05 FOR THE PROPERTY LOCATED AT 1430 EAST EDINGER AVENUE LOCATED WITHIN THE LIGHT INDUSTRIAL (M1) ZONING DISTRICT. Project Applicant: Darian Radac with Novum Architecture, Inc. (Applicant) on behalf of Spiros Politis (Property Owner) Proposed Project: Applicant is requesting approval of Conditional Use Permit No. 2024-05 to develop a new eating establishment (Tom's Jr.) with drive -through window service, at an existing commercial site developed with a standalone pad building and previously occupied by an eating establishment. The overall project would include a reduction in the gross floor area of the existing building, a new drive -through lane, and various onsite improvements. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from further review pursuant to Section 15301 of the CEQA Guidelines (Class 1 — Existing Facilities) Environmental Review No. 2023-32, will be filed for this project. Recommended Action: • Adopt a resolution approving Conditional Use Permit No. 2024-05, as conditioned. Minutes: Commission had questions for staff. Staff answered questions from Commission. Commissioner Escamilla requested a condition of approval requiring the applicant to work with staff to modify the proposed landscaping plan as per his comments. City Council 28 — 246 8/6/2024 4 Planning Commission 6/24/2024 Moved by Commissioner Escamilla, seconded by Commissioner Ramos to Approve. YES: 6 — Bao Pham, Isuri Ramos, Alan Woo, Manuel J. Escamilla, Jennifer Oliva, Carl Benninger NO: 0 — ABSTAIN: 0 — ABSENT: 1 — Christopher Leo Status: 6-0-0— 1 — Pass *End of Business Calendar* STAFF COMMENTS Minutes: Staff had comments for Commission. COMMISSIONER COMMENTS Minutes: Commission had comments for staff. ADJOURNMENT The next meeting of the Planning Commission will be on July 08, 2024 at 5.30 PM in the Council Chambers located at 22 Civic Center Plaza, Santa Ana, CA 92701. Minutes: Meeting was adjourned at 6.19 PM. APPEAL INFORMATION The formal action by the Planning Commission shall become effective after the ten-day appeal period, unless the City Council in compliance with section 41-643, 41-644 or 41-645 holds a public hearing on the matter, then the formal action will become effective on the day following the hearing and decision by the City Council. An appeal from the decision or requirement of the Planning Commission may be made by any interested party, individual, or group. The appeal must be filed with the Clerk of the Council, accompanied by the required filing fee, and a copy sent to the Planning Department, within ten days of the date of the Commission's action, by 5.00 p.m. If the final day to appeal falls on a City Hall observed holiday or a day when City hall is closed, the final day to appeal shall be extended to the next day City Hall is open for public business. Please note: Under California Government Code Sec. 65009, if you challenge in court any of the matters on this agenda for which a public hearing is to be conducted, you may be limited to raising only those issues which you (or someone else) raised orally at the public hearing or in written correspondence received by the Planning Commission or City Council at or before the hearing. MEETING INFORMATION If you would like to learn how to use Zoom before the meeting, visit Zoom Video Tutorials. 1. Connecting directly from your computer: 9 Click on the link on top of this agenda OR City Council 28 — 247 8/6/2024 5 Planning Commission 6/24/2024 Go to and click "Join a Meeting" at the top. Enter the Meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting. When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 2. Connecting via the Zoom App: • Download the free Zoom Cloud Meetings app from your favorite app store. • Launch the app and click on the blue Join a Meeting button. Enter the Meeting ID, your name, and the blue Join button. The Meeting ID is listed at the top of this agenda. To speak during the meeting. When you wish to comment on an item that is being is discussed, click on the button next to your name to virtually raise your hand and let us know you wish to speak. You will have 3 minutes. 3. Dialing in from a mobile phone or landline: Dial (669) 900-9128. When prompted, enter the meeting ID. The Meeting ID is listed at the top of this agenda. To speak during the meeting. When you wish to comment on an item that is being is discussed, press *9 on your phone to virtually raise your hand. You will have 3 minutes. Submit a written comment You are invited to submit a written comment in one of the following ways: • E-mail PBAecomments@santa-ana.org and reference the topic in the subject line. • Mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. City Council 28 — 248 8/6/2024 Planning and Building Agency July 8, 2024 Item # XX City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Conditional Use Permit No. 2005-22-MOD-1 — Target ABC License Modification (1441 West Seventeenth Street) RECOMMENDED ACTION Adopt a resolution approving modification to Conditional Use Permit No. 2005-22 as conditioned; and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. EXECUTIVE SUMMARY Beth Aboulafia with Hinman and Carmichael, LLP., and representing Target Corporation (Applicant and Property Owner), is requesting approval of a modification to Conditional Use Permit (CUP) No. 2005-22 (CUP No. 2005-22-MOD-1) and approval to make a determination of Public Convenience or Necessity (PCN) to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption through the operation of a Type-21 Alcoholic Beverage Control (ABC) license, at an existing Target retail store located at 1441 West Seventeenth Street. Pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for off -premises consumption require approval of a CUP and, in accordance with Section 41-649 of the SAMC, a modification to a CUP requires refiling of a new application and approval by the Planning Commission. In addition, in accordance with Section 41- 645.5 of the SAMC and Section 23958.4 of the Business and Professional Code, a determination of PCN is required for the proposed CUP modification. Staff is recommending approval of the applicant's request because the site is located away from sensitive land uses and the property's history of compliance with City codes and regulations. Furthermore, the project is anticipated to serve the public's convenience by offering a convenient one -stop, full department store experience without resulting in detrimental impacts to the surrounding neighborhood. ��i�T>�`1�9Ti7r Project Description The applicant is requesting approval of a modification to CUP No. 2005-22 to allow the sale of distilled spirits for off -premises consumption, in addition to the existing sale of beer and wine, by upgrading from a Type-20 to a Type-21 ABC license, at an existing Target store located 1441 West Seventeenth Street. Target currently occupies an existing 122,751-square foot commercial building within a planned shopping center located at the northwest corner of Seventeenth Street and Bristol Street. If the CUP modification request is approved, Target will upgrade the interior retail service area of the store to expand their alcohol beverage display area to approximately 244-square feet in size to allow for the additional display of distilled spirits. No additional imp ity ouncil — 4 4 day Modification to CUP Street) July 8, 2024 Page 2 No. 2005-22 — Target ABC License Modification (1441 West Seventeenth through Sunday from 8:00 a.m. to 10:00 p.m. After-hours operations are not being requested at this time. Table 1: Project and Location Information Item Information Project Address and Council Ward 1441 West Seventeenth Street — Ward 3 Nearest Intersection Seventeenth Street and Bristol Street General Plan Designation General Commercial GC Zoning Designation General Commercial C2 Surrounding Land Uses North Mendez Fundamental Intermediate School East Commercial South Santa Ana College West Commercial Property Size 7.69 acres (334,976 sq. ft.) Existing Site Development The subject site is developed with a 122,751 sq. ft. building currently occupied by Target and Starbucks, and a surface parking lot with 1,656 shared parking spaces. Unit Size 122,751 sq. ft. Use Permissions Allowed with approval of a CUP Zoning Code Sections Affected Uses SAMC sections 41-196(f), 41-365(a), & 41-649 Operational Standards SAMC Section 41-196(f) Census Tract and ABC License Information Census Tract No. 753.02 No. of Allowed and Existing Licenses (off -sale) 2 Allowed & 4 Existing Table 2: Operational Standards Standards Permissible by SAMC Proposed Hours of Operation for Alcohol Monday through Sunday from Monday through Sunday from Sales 7:00 a.m. to 12:00 a.m. 8:00 a.m. to 10:00 p.m.; (midnight), unless extended by a Complies separate after-hours CUP Window Display 25% of Window Coverage Complies Project Background The project site was developed in 1995 as a Home Base home improvement retail store. In 2003, an addition was constructed to increase the square footage of the existing commercial building and interior improvements were also conducted in order to facilitate the operation of a new Target retail store. Throughout the years, the site has continued to be improved with roof -mounted solar equipment, signage upgrades, multiple tenant improvements, and two exterior fagade remodels. On November 28, 2005, the Planning Commission approved Resolution No. 2005-18 allowing the sale of beer and wine for off -premises consumption. On September 25, 2023, the applicant submitted the subject application to the Planning Division to modify the existing CUP to allow the sale of distilled spirts for off -premises consumption in order to provide an additional service to its customers and become a one -stop department store. City Council 28 — 250 8/6/2024 Modification to CUP No. 2005-22 — Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 3 Target currently operates at three locations in Santa Ana. The Target store located at 1330 East Seventeenth Street currently sells beer, wine, and distilled spirits for off -premises consumption as CUP No. 2023-04 was approved by the Planning Commission on April 10, 2023. At this time, the remaining Target stores located at 3300 South Bristol Street and 1441 West Seventeenth Street, hold a Type-20 ABC license, but are concurrently seeking approval to allow for the operation of a Type-21 ABC license upgrade, so all Santa Ana Targets can offer the same assortment of alcoholic beverages for off -premises consumption. Since the application was submitted, staff has been working with the applicant, ABC, Code Enforcement and the Police Department to address any potential adverse impacts associated with the sale of alcoholic beverages for off -premises consumption. Project Analysis Conditional Use Permit Analysis: CUP requests are governed by Section 41-638 of the SAMC. Additionally, CUP modification requests are governed by Section 41-649 of the SAMC. CUPs and CUP modifications may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request for the sale of alcoholic beverages for off -premises consumption and has determined that the sale of alcoholic beverages for off - premises consumption at the subject location will not be detrimental to the health, safety, and welfare of the community. The proposed sale of alcoholic beverages for off -premises consumption at the proposed location will provide an ancillary service to Target's customers by allowing them the ability to purchase a wider variety of alcoholic beverages with other products. This would allow Target to remain economically viable and complete with nearby stores offering the same type of services. The operational standards applied to the ABC license, per Section 41-196(f) of the SAMC, will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. The subject site is located in the Marketplace Bristol shopping center, which is primarily surrounded by other commercial uses. Although Target abuts the Mendez Fundamental Intermediate School, approximately 545 linear feet to the north, the orientation of the primary entrances of both buildings face in opposite directions, further enhancing the separation between the existing land uses. Santa Ana College is approximately 800 linear feet to the south of the property and across Seventeenth Street. The subject property is not located in close proximity to any public playgrounds or parks. The establishment will comply with the operational standards set forth in Section 41-196(f) of the SAMC, thereby mitigating impacts to public health, safety, and welfare. Lastly, the City has not received any complaints or issued any notice of violations to the property owner or previous tenants. Therefore, staff recommends approval of the proposed CUP. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 1.1 of the Land Use Element of the General Plan (LU-1.1) encourages development that is compatible with and supporting of surrounding land uses. A commercial establishment with primary retail at this location will be compatible with the surrounding businesses as it supports the City Council 28 — 251 8/6/2024 Modification to CUP Street) July 8, 2024 Page 4 No. 2005-22 — Target ABC License Modification (1441 West Seventeenth residential environment by providing an increase to the ancillary alcohol selection within the market section already provided by Target. Target is committed to offering employment opportunities (LU-2.1) for the surrounding community, and with an increase to the market section, more opportunities are provided. The community will benefit both from the convenience of having access to an increase in product selection that is within walking distance from the surrounding neighborhood (LU-3.1 and 4.1), and by alcohol being sold at an established department store that is in sound compliance with all local and State ABC regulations. The proposed Target operations are consistent with Policy LU-3.7 that calls for promoting a balance of land uses to address basic community needs, while maintain a clean and safe environment for Santa Ana's residents, workers, and visitors. Furthermore, Policy LU-2.2 encourages a range of commercial uses to capture a greater share of local spending. The sale of alcohol beverages for off -premises consumption at this site will provide an additional location in Santa Ana where residents can purchase alcohol which will ensure local spending. Public Convenience or Necessity Analysis: PCN requests are governed by Section 41-645.5 of the SAMC and Section 23958.4 of the Business and Professional Code. A PCN determination is required for this project because Target is located in a census tract where the ratio of existing retail off -premises alcohol licenses to population in the census tract exceeds the ratio of retail off -premises alcohol licenses to population in the county, resulting in an over concentration as determined by ABC. Target is located in Census Tract No. 753.02, which ABC allows a maximum of two off -premises alcohol licenses, while there are currently four active licenses per ABC. Per ABC, an "undue concentration" would occur if more than two off -premises licenses are within this census tract. It is important to note that, if CUP No. 2005-22-MOD-1 is approved, the existing Type-20 ABC license currently being operated by Target will be surrendered once the Type-21 ABC license is approved and processed by ABC and the Census Tract will continue to have a total of four ABC licenses. Table 3 below and Exhibit 6 identify the location of the existing off -premises alcohol licenses. The licensed establishments are located intermittently throughout the census tract, with the closest licensed premises (Smart & Final), approximately 0.1 miles from Target. Table 3: Off -Premises ABC Licenses within Census Tract No. 753.02 Premises Location License Type Distance (1) Parks Dairy 1927 West Seventeenth Street Type 20 0.6 miles (2) CVS Pharmacy 1545 West Seventeenth Street Type 21 0.2 miles (3) Smart & Final 1523 West Seventeenth Street Type 21 0.1 miles 4 Target 1441 West Seventeenth Street Type 20 0.0 miles PCN requests are governed by Section 41-645.5 of the SAMC, and certain findings must be made in order to grant the PCN. Conversely, the inability to make these findings would result in a denial. Target has demonstrated civic participation by taking additional steps to seek community input via substantial notification efforts to the surrounding neighborhood. Target and staff both contacted the representatives of the Washington Square, Artesia Pilar, West Floral Park, and Riverview neighborhood associations to identify any areas of concerns due to the proposed application request, and no objections were received. Target will mitigate any potential detrimental effects, should any arise, by enforcing policies protocols, and alcohol -related training initiatives, to ensure that alcohol sales are handled in a responsible manner to deter crime, loitering, and City Council 28 — 252 8/6/2024 Modification to CUP No. 2005-22 — Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 5 any other activity that could be detrimental to the surrounding community. The addition of distilled spirits would add a substantial convenience to the surrounding community by adding to the food options at the existing market section of the store. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target customers by eliminating the need for an additional shopping trip to other off -sale alcoholic beverage establishments nearby. The proposed sale of alcoholic beverages for off -premises consumption would improve the overall functions of the business by enhancing the complete department store experience. Over 95- percent of the Target stores in California sell alcoholic beverages, and Target corporation implements its own policies to ensure the safe and responsible handling and sale of alcoholic beverages from its department stores. Although there are other establishments selling alcoholic beverages for off -premises consumption nearby, none of those establishments offer the same complete department store shopping opportunities as Target. The addition of alcoholic beverages for off -premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. Because of this, staff recommends that the Planning Commission grant a determination of PCN and authorize staff to issue a Letter of PCN to ABC. Police Department Analysis: The Police Department has reviewed this request and has no concerns, as the operational standards applicable to off -premises ABC licenses will mitigate any potential impacts to the surrounding community. The Police Department reviews such applications for the sale of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off -premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application. City Council 28 — 253 8/6/2024 Modification to CUP Street) July 8, 2024 Page 6 No. 2005-22 — Target ABC License Modification (1441 West Seventeenth Table 4: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Police Grid No. 123; ranked 23 out of 102 Police Reporting Grids (22nd Rank percentile). Threshold for High This reporting district is below the 20 percent threshold established by the Crime State for high crime As part of the review approval process, this application was analyzed by the Santa Ana Police Department. Based on its review, the Police Department has no issues of concern regarding this application. Police Department Recommendation The Police Department is satisfied with the operational standards applicable for a premise upgrade to Type 21 ABC license and conclude that the conditions set forth will mitigate any potential negative impact to the surrounding community, and therefore does not oppose the granting of a CUP modification. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 7. As part of the community outreach, Target and staff both contacted representatives of Washington Square, Artesia Pilar, West Floral Park, and Riverview neighborhood associations to identify any areas of concerns due to the proposed application request. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off - premises consumption at an existing Target store located at 1441 West Seventeenth Street. As such, a new Notice of Exemption (NOE) will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. City Council 28 — 254 8/6/2024 Modification to CUP No. 2005-22 — Target ABC License Modification (1441 West Seventeenth Street) July 8, 2024 Page 7 EXHIBIT(S) 1. Resolution for CUP No. 2005-22-MOD-1 2. Vicinity Zoning and Aerial View 3. Site Photo 4. Site Plan 5. Floor Plan 6. Map of Off -Premises ABC Licenses within Census Tract No. 753.02 7. Copy of Public Notices Submitted By: Matthew Kilroy, Assistant Planner I Approved By: Minh Thai, Executive Director of Planning and Building Agency City Council 28 — 255 8/6/2024 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2005-22 (CUP NO. 2005-22-MOD-1) AS CONDITIONED AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO ALLOW THE SALE OF DISTILLED SPIRITS, IN ADDITION TO BEER AND WINE, FOR OFF - PREMISES CONSUMPTION FOR THE TARGET STORE LOCATED AT 1441 WEST SEVENTEENTH STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Beth Aboulafia with Hinman and Carmichael, LLP., representing Target Corporation ("Applicant" and "Property Owner"), is requesting approval of a modification to Conditional Use Permit ("CUP") No. 2005-22 ("CUP No. 2005-22-MOD-1 ") to modify an existing CUP and approval to make a determination of Public Convenience or Necessity ("PCN") to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 1441 West Seventeenth Street. B. Santa Ana Municipal Code ("SAMC") Section 41-196 requires approval of a CUP for establishments wishing to sell alcoholic beverages for off -premises consumption. C. SAMC Section 41-649 requires approval of a modification of an approved CUP. D. On November 28, 2005, the Planning Commission adopted Resolution No. 2005-18 approving CUP No. 2005-22 allowing the sale of beer and wine for off -premises consumption at 1441 West Seventeenth Street. E. SAMC Section 41-645.5, and California Business and Professions Code Section 23958.4, requires a determination of PCN when a request for the sale of alcoholic beverages for off -premises consumption is located within an area deemed to have an undue concentration of off -premises alcohol licenses as determined by the Department of Alcoholic Beverage Control ("ABC'). Resolution No. 2024-XXX City Council 28 — 256 81 2t4 8 F. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2005-22-MOD-1. G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant to SAMC Section 41- 638, have been established for CUP No. 2005-22-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 1441 West Seventeenth Street: 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject location will provide an ancillary service to Target's customers by allowing them the ability to purchase alcoholic beverages with other products. This will thereby benefit the community by providing an additional establishment that will provide goods and services via a one -stop store. Operational standards applicable to the ABC license, pursuant to SAMC Section 41-196(f), and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 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 sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, pursuant to Section 41-196(f) of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. The City has not received any complaints or issued any notice of violations to the property owner or previous tenants. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will not adversely affect the Resolution No. 2024-XXX City Council 28 — 257 81759of 8 economic stability of the area, but will instead allow Target to compete with other nearby stores that offer a full selection of alcoholic beverages for sale to their customers. The offering of alcoholic beverages for off -premises consumption will allow Target to remain economically viable and will contribute to the overall success of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption will be in compliance with all applicable regulations and operational standards imposed on an establishment selling alcoholic beverages for off -premises consumption pursuant to Chapter 41 of the SAMC. The establishment will be maintained as a commercial building with primary retail, having suitable storage facilities and supplying an assortment of essential goods. Moreover, operational standards, pursuant to Section 41-196(f) of the SAMC, and conditions of approval, will ensure the establishment remains in compliance with all applicable codes and regulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will not adversely affect the General Plan or any specific plan. The granting of CUP No. 2005-22- MOD-1 supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element (LU) encourages a range of commercial uses to capture a greater share of local spending and employment opportunities The sale of alcoholic beverages at the subject site will provide Target's customers with a one -stop store service which will contribute to capturing local spending. Policy LU- 2.7 supports land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. The granting of CUP No. 2005-22-MOD-1 will ensure Target remains competitive with other stores offering similar services in other cities, therefore ensuring Target's retention in Santa Ana. Lastly, Policy LU- 4.1 encourages complete neighborhoods by creating a mix of complementary uses, community services, and places within a walkable area. The additional sales of distilled spirits for off -premises Resolution No. 2024-XXX City Council 28 — 258 8/ 24of 8 consumption will create a one -stop store within walking distance for residents residing in the general vicinity of Target. H. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to determine a PCN pursuant to SAMC Section 41-645.5, have been established for CUP No. 2005-22-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 1441 West Seventeenth Street: 1. The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption will not be detrimental to the character of development in the immediate neighborhood. Target is a full-scale department store located in an integrated shopping center that is designed to minimize intrusion into surrounding neighborhoods. The primary entrance to the store is located on the south side of the building and faces away from any sensitive land uses nearby. Moreover, operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the immediate neighborhood. The granting of CUP No. 2005-22-MOD-1 will be in harmony with the overall objective of the General Plan as stated in Section 1.G.5. above. 2. The economic benefit outweighs the negative impacts to the community as whole. The economic benefit associated with the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at the subject site will outweigh any potential negative impacts to the community as a whole. The sale of distilled spirits, in addition to beer and wine, for off -premises consumption will positively affect the economic welfare of the community by adding a service to an existing department store with grocery store located within its existing operations. The additional service will offer additional community services at an existing department store with its own policies and standards for the sale of alcoholic beverages, which complement policies and standards imposed by State ABC, and generates additional sale tax revenue for the City. 3. The issuance of the license will provide a needed service not currently being met in the community. Resolution No. 2024-XXX City Council 28 — 259 8/ 24of 8 The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will provide a needed service not currently being met at the subject department store. A significant component of the Target store is its market section. The market section offers a full -range of grocery products, including fresh meats and produce, along with a variety of dry goods. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target customers by eliminating the need for an additional shopping trip to other off -sale alcoholic beverage establishments nearby. 4. There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. Target will provide its shoppers with a broad selection of goods and merchandise in a one -stop store service. The sale of distilled spirits, in addition to beer and wine, for off -premises consumption at the subject location will add an additional convenience to the broad selection of goods and merchandise, which includes a mix of grocery items, apparel and accessories, health and beauty products, home decor items, baby products, toys and electronics and other every- day essentials, that Target already provides to the community. Although there are other establishments selling alcoholic beverages for off -site consumption on other properties in the vicinity, none of those establishments offer the same shopping opportunities as Target in a one -stop, department store location, which will assist in creating an inclusive and economically diverse neighborhood. 5. The business cannot operate profitably without a liquor license. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will allow Target to remain competitive with other stores offering similar services and will contribute to the on -going economic viability of its grocery selection. Over 95-percent of Target stores in California sell alcoholic beverages for off -premises consumption as part of the company's grocery offerings. The addition of alcoholic beverages for off - premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. 6. The applicant has demonstrated reasonable efforts to seek community input. Resolution No. 2024-XXX City Council 28 — 260 8/ 24of 8 As part of the application process, residents, business owners, and property owners within 1,000 feet of the Target were sent letters notifying them of Target's application request for the sale of distilled spirits, in addition to beer and wine, for off -premises consumption. Target and staff both contacted the representatives of the Washington Square, Artesia Pilar, West Floral Park, and Riverview neighborhood associations to identify any areas of concerns due to the proposed application request and no objections were received. Target will continue to seek community input and coordinate with the community to first identify and then resolve any issues should they arise. Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store. As such, a new Notice of Exemption (NOE) 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, referendum, and other 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 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. Resolution No. 2024-XXX 19 of 8 City Council 28 — 261 8175 94 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Modification No. 1 to Conditional Use Permit No. 2005-22, as conditioned in Exhibit A, and in Exhibit B, Operational Standards for Off -Sale Establishments, attached hereto and incorporated herein, and grants the request for determination of Public Convenience or Necessity to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 1441 West Seventeenth Street. This decision is based upon the evidence submitted at the above -referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Jose . ontoya Assistant City Attorney Resolution No. 2024-XXX of 8 City Council 28 — 262 8/ 24 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: Recording Secretary City of Santa Ana Resolution No. 2024-XXX City Council 28 — 263 8/ 24of 8 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2005-22-MOD-1 Conditional Use Permit No. 2005-22-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off- premises consumption is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The Applicant/Licensee (hereinafter, "Applicant") shall comply with each and every condition listed in order to exercise the rights conferred by this conditional use permit. The Applicant shall 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. 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. 2. The sale of alcoholic beverages for off -premises consumption shall be permitted in accordance with the operational standards for off -premises establishments pursuant to Section 41-196(f) of the Santa Ana Municipal Code (SAMC), attached hereto as Exhibit B for reference, in accordance with the provisions of an off - premises alcohol license by the California Department of Alcoholic Beverage Control (ABC), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project. 3. The sale of alcoholic beverages for off -premises consumption shall occur from 7.00 a.m. to 12.00 a.m. (midnight) seven days per week, unless modified through a subsequent and separate conditional use permit application for after-hours operations pursuant to SAMC Section 41-196(f)(14). 4. The Planning Division shall review Conditional Use Permit No. 2005-22-MOD-1 no later than twelve (12) months after full execution of this conditional use permit. Should any issues arise during such review, the Conditional Use Permit shall be scheduled for public hearing at the applicant's full expense for condition modification(s). 5. Violations of the Conditional Use Permit, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. City Council 28 — 264 8/6/2024 6. Prior to the release of this resolution, the applicant shall conduct the following site improvements: a. All missing or dead landscape located around the Target building and throughout the entire site shall be rehabilitated, including, but not limited to, rehabilitation along the western perimeter wall, and replacement of trees to the north of the property. Applicant shall rehabilitate landscape and contact the Case Planner for a final walk-through inspection of the site. b. All unpermitted storage containers located to the west and east of the property shall be removed. 7. The business owner shall maintain and adhere to a "Good Neighbor Policy," implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 8. The contact information for onsite management shall be posted in a prominent location at the primary entrance to the business to allow prompt reporting of any site issues. 9. Prior to the release of this resolution, a Property Maintenance Agreement shall 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.); 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); City Council 28 — 265 8/6/2024 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 on or 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; and 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. City Council 28 — 266 8/6/2024 EXHIBIT B Conditions of A1212roval for Conditional Use Permit No. 2005-22-MOD-1 Conditional Use Permit No. 2005-22-MOD-1 to allow the off -premise consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code ("SAMC"), the California Building Standards Code, and all other applicable regulations. The Applicant/ Licensee (hereinafter, "Applicant") shall comply with each and every operational standard listed below, pursuant to SAMC Section 41-196(f), in order to exercise the rights conferred by this conditional use permit. Pursuant to SAMC Section 41-196(f), these SAMC operational standards are reprinted to establish compliance with SAMC requirements for the granting of a Conditional Use Permit for on -premises alcoholic beverage sales. The Applicant must remain in compliance with all operational standards listed below throughout the life of the conditional use permit. Failure to comply with each and every operational standard may result in the revocation of the conditional use permit. 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin -operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") Section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. City Council 28 — 267 8/6/2024 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity. 11. If there is a marked or noticeable increase in the number of police -related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state -licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre -packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7.00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. City Council 28 — 268 8/6/2024 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed -access cash controller or drop safe must be installed. 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside door jamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 22. No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 23. A closed-circuit television system shall be provided and approved by the police department and shall be capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP)-based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210. City Council 28 — 269 8/6/2024 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. City Council 28 — 270 8/6/2024 CUP No. 2005-22-MOD-1 For Target 1441 West 17th Street I —rv1� —ail AMr ..i7- AflMIa- r: r R1 r - R1 R1 SP 1 SP 1 R1 R1 _ SP 1 R1 R1 rr ; mm"I >4 tp� R1 t 1 R1 — } R1 fj d R1 1 / _ I f R1 R1 AF R1 R1 `'p 11 Santa Ana Boundary ±R1 Zoning I � Zonndesc G neolAp It tal f mm ty C;o maxaal C m tyC exnal-Museum ➢lsvitt y�I= SITE A N G....1 ou... d Sh ppir,KC.rtar ... _ _ -- f \ AA.-1 Cammawml Cemmetclal Residential ■ SoutR Mam Street Cemmertial Disvlet I6 ' Rt9 _ _ R1GwernmantCentet IiSAt lnduSV�al o� 12 ■ NtavY antlustcial - �I Ir } r V r."■ Open Space t 4 i 1 AI 1 Metro E.. Dvexhay Zone ■ PeeFesnanal 4 A f- , e «_ � - e Sinela-Family Reside } y Mupiple-Family Residence �'■ j5,,t r�L 1 Su Gurlan Apatvnent ResidentiatiEstate �1 Speclfie Devalopm.nt No. 1 Specific De.elepm.nt Ne. 11 — ■ Sped{ Davelcpment Nn. 12 _ �$pxific Derelapment Nv. ^ ■ Specific Development No.15 _ ■Specific ➢evelopment.Ha. 16 1 a ■ Specific Development No 17 Pp■■' Speclfic Dee.lapment No 18 ■ Spaci7k Davalcpmant No. 19 ■ Specific ➢e.ebpment ■ SpeciFc De.Nppmen4 Np. 2fl � Spxific 3evelapment No 21 , ■ Specific Devafepment No. 23 Specific ➢evMapmeni Nv. 26 Sp -Me Develepment. No. 27 Specific Devdapment Nv. 31 ■ Spulfie Davelapman4 No 32 Specific De.elapm.nt Nv. 34 R ■ Sp-M. ➢evelopment No 33 Y Specific Deaelapmant Na. 3S �F ■ Spxific Development No 38 $pacific Devebpment No 39 ■ Speeifit.➢evNepmant No 4 ■ Specific Development N. 4d rS1 ■ Specific Davabpmant No 41 $pacific Develapmant No. 41 Specific Dwv ,pm ant Np 43 iirc ❑ N¢p t No. 34 — — - SP-4. D - I p t No 45 1 Specif 3 clap. -nt Mo. 48 Specific D.-I.pmant Np-49 ,I R1 kL iP 1 R1 R2 11 ti _ I 500 feet R1 R1 `P 1 SF II lilt i "1 Exhibit 2 - Vicinity Zoning and Aerial View City Council 28 — 271 8/6/2024 a U N O N co N ti N I co N �, a U EDNA PARK. r v Ma P� �I W Mdrion Way_ 1 yyRM + 4� it �t (Rwe*;V!cw Golf W Santa Clara Ave 1 ,�•. W AValc)nlAve v(C: X�1r •ANY-•�„ r,: �W21rd5tja Z . .Y � rN rr �J rm RIVERVIEW—.--�QN -9 �- • --z c7" r�17 I Oth�St Mendez Fund`a 3 'ITa 1 W' Sanf ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1441 W Seventeenth St To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 06/28/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $122.10 Total $122.10 Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI OR# 3826731 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Pro iect Location: 1441 West Seventeenth Street located within the General Commercial (C2) zoning district. Proiect Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Proiect: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005- 22 to allow the sale of distilled spirits, in addition to beer and wine, for off -site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 — Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person orjoin via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- and-bu ild i ng-meeti ng-partici pation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilroy@santa- ana.org, Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. N6ucanlienlacbangtiengVidt, xin di e in tho a i cho Tony Lai s 6 (714) 565-2627. 6/28/24 O R-3826731 # CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 1441 West Seventeenth Street located within the General Commercial (C2) zoning district. Project Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005-22 to allow the sale of distilled spirits, in addition to beer and wine, for off -site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 — Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeCommentsa-santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https:Hsanta-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilrova-santa- ana.org, City Council 28 — 277 8/6/2024 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. f{ ' 1 f 1 a if 1 li If I 1000' RADIUS NOTIFICATION MAP a 1441 West Seventeenth Sb-eet - -t 1,000 Sq. Ft. Suffer Map Citv Council 28 — 278 8/6/2024 M l� i plot an Entrance p# ppr.-I . Of NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sbnt to those who live or own property within 1000 feet of the project site or who have expressed an interest in the -proposed action. We encourage you to contact us'prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 1441 West Seventeenth Street located within the General Commercial (C2) zoning district. Protect Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005-22 to allow the sale of distilled spirits, in addition to beer and wine, for off -site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 — Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. MeetinJDetails: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit htts //www Santa ana orq/planning-and-building-meeting- particioationl. mments Written Comments: If you are unable to participate lncte the Agenda Item # in the suhe meeting, you may send rbjectitten cone) or by by e-mail to PBAeComments(a�santa-ana.o>�( e mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20. Santa m. on the day of the meeting. Ana, CA 92701. Deadline to submit written comments is 3:30 p. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. gg pp be found on the City we site 72 hours prior to the public hearing Where To Get More Information: Additional details regarding the roposed action(s), including , e u ex o e iscre ionary i em, may at htt s://Santa-ana. nme ov.com/ ublic/ °rt you have any project questions, please contact case 714 667-2708 or by email at Who To Contact For questions: Shout y planner Matthew Kilroy with the Planning Division by phone at ( ) MKilro j_)santa-ana.org, You may be limited to raising only those you challenge the decision on the above matter, y or in written Note: If y of Santa Ana at, or issues you or someone else raised at tlCommission orlCityCouno of the City of ce, correspondence delivered to the Planning prior to, the public hearing. Si tiene preguntas en espariol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. xin dign thoai cho Tony Lai so (714) 565-2627. Neu can lien lac bang tibng Viet, Planning and Building Agency July 8, 2024 Item # XX City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Conditional Use Permit No. 2012-14-MOD-1 — Target ABC License Modification (3300 South Bristol Street) RECOMMENDED ACTION Adopt a resolution approving modification to Conditional Use Permit No. 2012-14 as conditioned; and 2. Authorize staff to issue a Letter of Public Convenience or Necessity to the State Department of Alcoholic Beverage Control. EXECUTIVE SUMMARY Beth Aboulafia with Hinman and Carmichael, LLP., and representing Target Corporation (Applicant) and Dayton -Hudson Corporation (Property Owner), is requesting approval of a modification to Conditional Use Permit (CUP) No. 2012-14 (CUP No. 2012-14-MOD-1) and approval to make a determination of Public Convenience or Necessity (PCN) to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption through the operation of a Type-21 Alcoholic Beverage Control (ABC) license at an existing Target retail store located at 3300 South Bristol Street. Pursuant to Section 41-196 of the Santa Ana Municipal Code (SAMC), establishments wishing to sell alcoholic beverages for off -premises consumption require approval of a CUP and, in accordance with Section 41-649 of the SAMC, a modification to a CUP requires refiling of a new application and approval by the Planning Commission. In addition, in accordance with Section 41-645.5 of the SAMC and Section 23958.4 of the Business and Professional Code, a determination of PCN is required for the proposed CUP modification. Staff is recommending approval of the applicant's request because the site is located away from sensitive land uses and the property's history of compliance with City codes and regulations. Furthermore, the Target store is anticipated to serve the public's convenience by offering a convenient one -stop, full department store experience without resulting in detrimental impacts to the surrounding neighborhood. DISCUSSION Proiect Descriation The applicant is requesting approval of a modification to CUP No. 2012-14 to allow the sale of distilled spirits for off -premises consumption in addition to the existing sale of beer and wine, by upgrading from a Type-20 to a Type-21 ABC license, at an existing Target store located 3300 South Bristol Street. Target currently occupies an existing 102,960-square foot commercial building within a planned shopping center located at the southwest corner of Bristol Street and Alton Avenue. If the CUP modification request is approved, Target will upgrade the interior retail service area of the store to expand their alcohol beverage display area to approximately 358- squ ity ouncil — 81 f 0 nts Modification to CUP No July 8, 2024 Page 2 of 6 2012-14 — Target ABC License Modification (3300 South Bristol Street) are being proposed at this time. The hours of operation will continue to be Monday through Sunday from 8:00 a.m. to 10:00 p.m. After-hours operations are not being requested at this time. Table 1: Proiect and Location Information Item Information Project Address and Council Ward 3300 South Bristol Street — Ward 4 Nearest Intersection Bristol Street and Alton Avenue General Plan Designation District Center - Medium (DC-2) Zoning Designation Planned Shopping Center (C4) Surrounding Land Uses North Single -Family Residences and Industrial East Commercial South Commercial West Multi -Family Residential Property Size 7.63 acres (332,363 sq. ft.) Existing Site Development The subject site is developed with a 102,960 sq. ft. building currently occupied by Target and Starbucks, and a surface parking lot with 485 parking spaces. Unit Size 102,960 sq. ft. Use Permissions Allowed with approval of a CUP Zoning Code Sections Affected Uses SAMC sections 41-196(f), 41-365 a , & 41-649 Operational Standards SAMC Section 41-196 f Census Tract and ABC License Information Census Tract No. 741.07 No. of Allowed and Existing Licenses off -sale 3 Allowed & 4 Existing Table 2: Operational Standards Standards Permissible by SAMC Proposed Hours of Operation for Alcohol Monday through Sunday from Monday through Sunday from Sales 7:00 a.m. to 12:00 a.m. 8:00 a.m. to 10:00 p.m.; (midnight), unless extended by a Complies separate after-hours CUP Window Display 25% of Window Coverage Complies Project Background The project site was developed in 1985 as a Target retail store. The store was improved with a snack bar in 1986. In 2010, Target expanded their retail selection by including a market and grocery section. Throughout the years, the site has continued to be improved with the addition of roof -mounted solar equipment, electric vehicle charging stations, signage upgrades, and multiple interior tenant improvements. On August 13, 2012, the Planning Commission approved Resolution No. 2012-08, allowing the sale of beer and wine for off -premises consumption. On September 25, 2023, the applicant submitted the subject application to the Planning Division to modify the existing CUP to allow the sale of distilled spirts for off -premises consumption in order to provide an additional service to its customers and become a one -stop department store. Target currently operates three locations in Santa Ana. The Target store located at 1300 East Seventeenth Street currently sells beer, wine, and distilled spirits for off -premises consumption as CUP No. 2023-04 was approved by the Planning Commission on April 10, 2023. At this time, the remaining Target stores located at 3300 South Bristol Street and 1441 West Seventeenth Street hold a Type-20 ABC license but are concurrently seeking approval to allow for the operation City Council 28 — 282 8/6/2024 Modification to CUP No. 2012-14 — Target ABC License Modification (3300 South Bristol Street) July 8, 2024 Page 3 of 6 of a Type-21 ABC license, so all Santa Ana Targets can offer the same assortment of alcoholic beverages for off -premises consumption. Since the application was submitted, staff has been working with the applicant, ABC, Code Enforcement, and the Police Department to address any potential adverse impacts associated with the sale of alcoholic beverages for off -premises consumption. Project Analysis Conditional Use Permit Analysis: CUP requests are governed by Section 41-638 of the SAMC. Additionally, CUP modification requests are governed by Section 41-649 of the SAMC. CUPs and CUP modifications may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the CUP. Conversely, the inability to make these findings would result in a denial. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures and to minimize impacts to surrounding areas. Staff has reviewed the applicant's modification request for the sale of alcoholic beverages for off -premises consumption and has determined that the sale of alcoholic beverages for off -premises consumption at the subject location will not be detrimental to the health, safety, and welfare of the community. The proposed sale of alcoholic beverages for off -premises consumption at the proposed location will provide an ancillary service to Target's customers by allowing them the ability to purchase a wider variety of alcoholic beverages with other products. This would allow Target to remain economically viable and complete with nearby stores offering the same type of services. The operational standards applied to the ABC license, per Section 41-196(f) of the SAMC, will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. Furthermore, the subject site is located in a commercial zone, which abuts to the Santa Ana Gardens channel and a multi -family residential development to the west. The subject property is not located in close proximity to any parks, playgrounds, or schools. The establishment will comply with the operational standards set forth in Section 41-196(f) of the SAMC, thereby mitigating impacts to public health, safety, and welfare. Lastly, the City has not received any complaints or issued any notice of violations to the property owner or previous tenants. Therefore, staff recommends approval of the proposed CUP. Approval of the CUP will be consistent with several goals and policies of the General Plan. Policy 1.1 of the Land Use Element of the General Plan (LU-1.1) encourages development that is compatible with and supporting of surrounding land uses. A commercial establishment with primary retail at this location will be compatible with the surrounding businesses as it supports the residential environment by providing an increase to the ancillary alcohol selection within the market section already provided by Target. Target is committed to offering employment opportunities (LU-2.1) for the surrounding community, and with an increase to the market section, more opportunities are provided. The community will benefit both from the convenience of having access to an increase in product selection that is within walking distance from the surrounding neighborhood (LU-3.1 and 4.1), and by alcohol being sold at an established department store that is in sound compliance with all local and State ABC regulations. The proposed Target operations are consistent with Policy LU-3.7 that calls for promoting a balance of land uses to address basic community needs, while maintain a clean and safe environment for Santa Ana's residents, workers, and visitors. Furthermore, Policy LU-2.2 encourages a range of commercial uses to City Council 28 — 283 8/6/2024 Modification to CUP No July 8, 2024 Page 4 of 6 2012-14 — Target ABC License Modification (3300 South Bristol Street) capture a greater share of local spending. The sale of alcohol beverages for off -premises consumption at this site will provide an additional location in Santa Ana where residents can purchase alcohol which will ensure local spending. Public Convenience or Necessity Analysis: PCN requests are governed by Section 41-645.5 of the SAMC and Section 23958.4 of the Business and Professional Code. A PCN determination is required for this project because Target is located in a census tract where the ratio of existing retail off -premises alcohol licenses to population in the census tract exceeds the ratio of retail off -premises alcohol licenses to population in the county, resulting in an over concentration as determined by ABC. Target is located in Census Tract No. 741.07, which ABC allows a maximum of three off -premises alcohol licenses, while there are currently four active licenses per ABC. Per ABC, an "undue concentration" would occur if more than three off -premises licenses are within this census tract. It is important to note that, if CUP No. 2012-14-MOD-1 is approved, the existing Type-20 ABC license currently being operated by Target will be surrendered once the Type-21 ABC license is approved and processed by ABC and the Census Tract will continue to have a total of four ABC licenses. Table 3 below and Exhibit 6 identify the location of the existing off -premises alcohol licenses. The licensed establishments are located intermittently throughout the census tract, with the closest licensed premises (7-Eleven), approximately 0.4 miles from Target. Table 3: Off -Premises ABC Licenses within Census Tract No. 741.07 Premises Location License Type Distance (1) Target 3300 South Bristol Street Type 20 0.1 miles (2) 7-Eleven 1441 W. MacArthur Boulevard Type 20 0.4 miles (3) Vons 3650 South Bristol Street Type 21 0.5 miles (4) World Market 1313 Sunflower Avenue Type 21 1.0 miles PCN requests are governed by Section 41-645.5 of the SAMC, and certain findings must be made in order to grant the PCN. Conversely, the inability to make these findings would result in a denial. Target has demonstrated civic participation by taking additional steps to seek community input via substantial notification efforts to the surrounding neighborhood. Target and staff both contacted the representatives of the South Coast, Republic Homes, and Metro Classic neighborhood associations to identify any areas of concerns due to the proposed application request, and no objections were received. Target will mitigate any potential detrimental effects, should any arise, by enforcing policies protocols, and alcohol -related training initiatives, to ensure that alcohol sales are handled in a responsible manner to deter crime, loitering, and any other activity that could be detrimental to the surrounding community. The addition of distilled spirits would add a substantial convenience to the surrounding community by adding to the food options at the existing market section of the store. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target customers by eliminating the need for an additional shopping trip to other off - sale alcoholic beverage establishments nearby. The proposed sale of alcoholic beverages for off -premises consumption would improve the overall functions of the business by enhancing the complete department store experience. Over 95- percent of the Target stores in California sell alcoholic beverages, and Target corporation implements its own policies to ensure the safe and responsible handling and sale of alcoholic City Council 28 — 284 8/6/2024 Modification to CUP No July 8, 2024 Page 5 of 6 2012-14 — Target ABC License Modification (3300 South Bristol Street) beverages from its department stores. Although there are other establishments selling alcoholic beverages for off -premises consumption nearby, none of those establishments offer the same complete department store shopping opportunities as Target. The addition of alcoholic beverages for off -premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. Because of this, staff recommends that the Planning Commission grant a determination of PCN and authorize staff to issue a Letter of PCN to ABC. Police Department Analysis: The Police Department has reviewed this request and has no concerns, as the operational standards applicable to off -premises ABC licenses will mitigate any potential impacts to the surrounding community. The Police Department reviews such applications for the sale of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For off -premises licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code Section 23948.4(c)(2), which are also utilized by ABC. This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by ABC and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. As part of the application process, the application was reviewed by the Police Department. Based on its review, the Police Department has no issues of concern regarding this application. Table 4: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Police Grid No. 130; ranked 26 out of 102 Police Reporting Grids (25th Rank percentile). Threshold for High This reporting district is below the 20 percent threshold established by the Crime State for high crime As part of the review approval process, this application was analyzed by the Santa Ana Police Department. Based on its review, the Police Department has no issues of concern regarding this application. Police Department Recommendation The Police Department is satisfied with the operational standards applicable for a premise upgrade to Type 21 ABC license and conclude that the conditions set forth will mitigate any potential negative impact to the surrounding community, and therefore does not oppose the granting of a CUP modification. City Council 28 — 285 8/6/2024 Modification to CUP No. 2012-14 — Target ABC License Modification (3300 South Bristol Street) July 8, 2024 Page 6of6 Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 6. As part of the community outreach, Target and staff both contacted representatives of South Coast, Republic Homes, and Metro Classic neighborhood associations were contacted to identify any areas of concerns due to the proposed application request. At the time this report was printed, no issues of concern were raised regarding the proposed CUP. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off - premises consumption at an existing Target store located at 3300 South Bristol Street. As such, a new Notice of Exemption (NOE) will be filed for this project. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Resolution for CUP No. 2012-14-MOD-1 2. Vicinity Zoning and Aerial View 3. Site Photo 4. Site Plan 5. Floor Plan 6. Map of Off -Premises ABC Licenses within Census Tract No. 741.07 7. Copy of Public Notices Submitted By: Matthew Kilroy, Assistant Planner I Approved By: Minh Thai, Executive Director of Planning and Building Agency City Council 28 — 286 8/6/2024 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING A MODIFICATION TO CONDITIONAL USE PERMIT NO. 2012-14 (CUP NO. 2012-14- MOD-1) AS CONDITIONED AND MAKING A DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY TO ALLOW THE SALE OF DISTILLED SPIRITS, IN ADDITION TO BEER AND WINE, FOR OFF -PREMISES CONSUMPTION FOR THE TARGET STORE LOCATED AT 3300 SOUTH BRISTOL STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines, and declares as follows: A. Beth Aboulafia with Hinman and Carmichael, LLP., representing Target Corporation ("Applicant") and Dayton -Hudson Corporation ("Property Owner"), is requesting approval of a modification to Conditional Use Permit ("CUP") No. 2012-14 ("CUP No. 2012-14-MOD-1 ") to modify an existing CUP and approval to make a determination of Public Convenience or Necessity ("PCN") to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 3300 South Bristol Street. B. Santa Ana Municipal Code ("SAMC") Section 41-196 requires approval of a CUP for establishments wishing to sell alcoholic beverages for off -premises consumption. C. SAMC Section 41-649 requires approval of a modification of an approved CUP. D. On August 13, 2012, the Planning Commission adopted Resolution No. 2012- 08 approving CUP NO. 2012-14 allowing the sale of beer and wine for off - premises consumption at 3300 South Bristol Street. E. SAMC Section 41-645.5 and California Business and Professions Code Section 23958.4, requires a determination of PCN when a request for the sale of alcoholic beverages for off -premises consumption is located within an area deemed to have an undue concentration of off -premises alcohol licenses as determined by the Department of Alcoholic Beverage Control ("ABC'). F. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2012-14-MOD-1. G. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to grant a CUP pursuant Resolution No. 2024-XXX 1 of 7 City Council 28 — 287 8/6/2 4 to SAMC Section 41-638, have been established for CUP No. 2012-14-MOD- 1 to allow the sale of distilled spirits, in addition to beer and wine, for off - premises consumption at an existing Target store located at 3300 South Bristol Street: 1. That the proposed use will provide a service or facility which will contribute to the general wellbeing of the neighborhood or community. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject location will provide an ancillary service to Target's customers by allowing them the ability to purchase alcoholic beverages with other products. This will thereby benefit the community by providing an additional establishment that will provide goods and services via a one -stop store. Operational standards applicable to the ABC license, pursuant to SAMC Section 41-196(f), and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the surrounding community. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or generalwelfare of persons residing or working in the vicinity. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity because the operational standards applicable to the ABC license, pursuant to Section 41-196(f) of the SAMC, and conditions of approval will address any potential negative or adverse impacts created by the use. The granting of the CUP will not negatively impact any sensitive land uses that may be nearby. The City has not received any complaints or issued any notice of violations to the property owner or previous tenants. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will not adversely affect the economic stability of the area, but will instead allow Target to compete with other nearby stores that offer a full selection of alcoholic beverages for sale to their customers. The offering of alcoholic beverages for off -premises consumption will allow Target to remain economically viable and will contribute to the overall success of the City. Resolution No. 2024-XXX 2 of 7 City Council 28 — 288 8/6/2 4 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 (Zoning) of the SAMC for such use. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption will be in compliance with all applicable regulations and operational standards imposed on an establishment selling alcoholic beverages for off -premises consumption pursuant to Chapter 41 of the SAMC. The establishment will be maintained as a commercial building with primary retail, having suitable storage facilities and supplying an assortmentof essential goods. Moreover, operational standards, pursuant to Section 41-196(f) of the SAMC, and conditions of approval, will ensure the establishment remains in compliance with all applicable codes andregulations related to alcohol sales to ensure that the use does not impact neighboring properties or create an attractive nuisance. 5. That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. The sale of distilled spirits, in addition to beer and wine, off - premises consumption at the subject site will not adversely affect theGeneral Plan or any specific plan. The granting of CUP No. 2012-14-MOD-1 supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element (LU) encourages a range of commercial uses to capture a greater share of local spending and employment opportunities. The sale of alcoholic beverages at the subject site will provide Target's customers with a one -stop store service which will contribute to capturing local spending. Policy LU-2.7 supports land use decisions that encourage the creation, development, and retention of businesses in Santa Ana. The granting of CUP No. 2012-14- MOD-1 will ensure Target remains competitive with other stores offering similar services in other cities, therefore ensuring Target's retention in Santa Ana. Lastly, Policy LU-4.1 encourages complete neighborhoods by creating a mix of complementary uses, community services, and places within a walkable area. The additional sales of distilled spirits for off -premises consumption will create a one -stop store within walking distance for residents residing in the general vicinity of Target. H. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to determine a PCN pursuant to SAMC Section 41-645.5, have been established for CUP No. 2012-14-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 3300 South Bristol Street: Resolution No. 2024-XXX 3 of 7 City Council 28 — 289 8/6/2 4 1. The proposed use will not be detrimental to the character of development in the immediate neighborhood and will be in harmony with the overall objectives of the General Plan. The sale of distilled spirits, in addition to beer and wine, for off -premises consumption will not be detrimental to the character of development in the immediate neighborhood. Target is a full-scale department store located in an integrated shopping center that is designed to minimize intrusion into surrounding neighborhoods. The primary entrance to the store is located on the east side of the building and faces away from the multi -family residential development to the west. Moreover, operational standards applicable to the ABC license and conditions of approval will mitigate any potential impacts created by the use and will ensure that the use will not negatively affect the immediate neighborhood. The granting of CUP No. 2012-14-MOD-1 will be in harmony with the overall objective of the General Plan as stated in Section 1.G.5. above. 2. The economic benefit outweighs the negative impacts to the community as whole. The economic benefit associated with the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at the subject site will outweigh any potential negative impacts to the community as a whole. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption will positively affect the economic welfare of the community by adding a service to an existing department store with grocery store located within its existing operations. The additional service will offer additional community services at an existing department store with its own policies and standards for the sale of alcoholic beverages, which complement policies and standards imposed by State ABC, and generates additional sale tax revenue for the City. 3. The issuance of the license will provide a needed service not currently being met in the community. The sale of distilled spirits, in addition to beer and wine, for off -premises consumption at the subject site will provide a needed service not currently being met at the subject department store. A significant component of the Target store is its market section. The market section offers a full -range of grocery products, including fresh meats and produce, along with a variety of dry goods. The ability to purchase alcoholic beverages with other grocery items will offer customers a more complete shopping experience and will provide a service to Target Resolution No. 2024-XXX 4 of 7 City Council 28 — 290 8/6/2 4 customers by eliminating the need for an additional shopping trip to other off -sale alcoholic beverage establishments nearby. 4. There exist special and unusual circumstances present here to justify a new retail alcohol outlet when there are already similar alcohol uses existing nearby. Target will provide its shoppers with a broad selection of goods and merchandise in a one -stop store service. The sale of distilled spirits, in addition to beer and wine, for off -premises consumption at the subject location will add an additional convenience to the broad selection of goods and merchandise, which includes a mix of grocery items, apparel and accessories, health and beauty products, home decor items, baby products, toys and electronics and other every -day essentials, that Target already provides to the community. Although there are other establishments selling alcoholic beverages for off -site consumption on other properties in the vicinity, none of those establishments offer the same shopping opportunities as Target in a one -stop, department store location, which will assist in creating an inclusive and economically diverse neighborhood. 5. The business cannot operate profitably without a liquor license. The sale of distilled spirits, in addition to beer and wine, for off - premises consumption at the subject site will allow Target to remain competitive with other stores offering similar services and will contribute to the on -going economic viability of its grocery selection. Over 95-percent of Target stores in California sell alcoholic beverages for off -premises consumption as part of the company's grocery offerings. The addition of alcoholic beverages for off -premises consumption at this Target location ensures the store will remain economically viable and that it offer a full selection of items that grocery customers expect. 6. The applicant has demonstrated reasonable efforts to seek community input. As part of the application process, residents, business owners, and property owners within 1,000 feet of the Target were sent letters notifying them of Target's application request for the sale of distilled spirits, in addition to beer and wine, for off -premises consumption. Target and staff both contacted the representatives of the South Coast, Republic Homes, and Metro Classic neighborhood associations to identify any areas of concerns due to the proposed application request and no objections were received. Target will continue to seek community input and coordinate with the community to first identify and then resolve any issues should they arise. Resolution No. 2024-XXX 5 of 7 City Council 28 — 291 8/6/2 4 Section 2. In accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is categorically exempt from further review pursuant to Section 15301 (Class 1 — Existing Facilities) of the CEQA Guidelines. Class 1 exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use as determined by the lead agency. The project proposes to modify an existing CUP to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 3300 South Bristol Street. As such, a new Notice of Exemption (NOE) 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, referendum, and other 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. BrownAct, California Environmental Quality Act, the Planning and Zoning Law, the SubdivisionMap Act, Code of Civil Procedure sections 1085 or 1094.5, or any other federal, state orlocal 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 the legal counsel providing the City's defense, and that Applicant shall reimbursethe 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 Modification No. 1 to Conditional Use Permit No. 2012-14, as conditioned in Exhibit A, and in Exhibit B, Operational Standards for Off -Sale Establishments, attached hereto and incorporated herein, and grants the request for determination of Public Convenience or Necessity to allow the sale of distilled spirits, in addition to beer and wine, for off -premises consumption at an existing Target store located at 3300 South Bristol Street. This decision is based upon the evidence submitted at the above -referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral,all of which are incorporated herein by this reference. [Signatures on the following page] Resolution No. 2024-XXX 6 of 7 City Council 28 — 292 8/6/2 4 ADOPTED this 81" day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By -.— Jose ontoya Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, NUVIA OCAMPO, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: Recording Secretary City of Santa Ana Resolution No. 2024-XXX 7 of 7 City Council 28 — 293 8/6/2 4 EXHIBIT A Conditions of A1212roval for Conditional Use Permit No. 2012-14-MOD-1 Conditional Use Permit No. 2012-14-MOD-1 to allow the sale of distilled spirits, in addition to beer and wine, for off- premises consumption is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. The Applicant/Licensee (hereinafter, "Applicant") shall comply with each and every condition listed below in order to exercise the rights conferred by this conditional use permit. The Applicant shall 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. 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. 2. The sale of alcoholic beverages for off -premises consumption shall be permitted in accordance with the operational standards for off -premises establishments pursuant to Section 41-196(f) of the Santa Ana Municipal Code (SAMC), attached hereto as Exhibit B for reference, in accordance with the provisions of an off - premises alcohol license by the California Department of Alcoholic Beverage Control (ABC), and in accordance with the site and floor plans attached to the staff report documenting the approved scope of the project. 3. The sale of alcoholic beverages for off -premises consumption shall occur from 7:00 a.m. to 12:00 a.m. (midnight) seven days per week, unless modified through a subsequent and separate conditional use permit application for after-hours operations pursuant to SAMC Section 41-196(f)(14). 4. The Planning Division shall review Conditional Use Permit No. 2012-14-MOD-1 no laterthan twelve (12) months afterfull execution of this conditional use permit. Should any issues arise during such review, the Conditional Use Permit shall be scheduled for public hearing at the applicant's full expense for condition modification(s). 5. Violations of the Conditional Use Permit, as contained in Section 41-647.5 of the SAMC, will be grounds for permit revocation and/or suspension as described in Section 41-651 of the SAMC. 6. Prior to the release of this resolution, the applicant shall conduct the following site improvements: City Council 28 — 294 8/6/2024 a. All missing or dead landscape located around the Target building and throughout the entire site shall be rehabilitated, including, but not limited to, rehabilitation along the western perimeter wall and along Alton Avenue. Applicant shall rehabilitate landscape and contact the Case Planner for a final walk-through inspection of the site. b. All unpermitted storage containers located to the east of the property shall be removed. 7. The business owner shall maintain and adhere to a "Good Neighbor Policy," implementing measures to ensure patrons comply with applicable noise, parking, and outdoor smoking regulations, and removing litter and preventing loitering in the areas in the immediate vicinity of the business. 8. The contact information for onsite management shall be posted in a prominent location at the primary entrance to the business to allow prompt reporting of any site issues. 9. Prior to the release of this resolution, a Property Maintenance Agreement shall 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.); 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 on or about the property; the proper and City Council 28 — 295 8/6/2024 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 Applicantis 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 responsiblefor 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; and 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. City Council 28 — 296 8/6/2024 EXHIBIT B Conditions of Approval for Conditional Use Permit No. 2012-14-MOD-1 Conditional Use Permit No. 2012-14-MOD-1 to allow the off -premise consumption of alcoholic beverages is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code ("SAMC"), the California Building Standards Code, and all other applicable regulations. The Applicant/ Licensee (hereinafter, "Applicant") shall comply with each and every operational standard listed below, pursuant to SAMC Section 41-196(f), in order to exercise the rights conferred bythis conditional use permit. Pursuant to SAMC Section 41- 196(f), these SAMC operational standards are reprinted to establish compliance with SAMC requirements for the granting of a Conditional Use Permit for on -premises alcoholic beverage sales. The Applicant must remain in compliance with all operational standards listed below throughout the life of the conditional use permit. Failure to comply with each and every operational standard may result in the revocation of the conditional use permit. 1. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 2. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he or she has control. 3. There shall be no exterior advertising of any kind or type, including window signs or other signs visible from outside, promoting or indicating the availability of alcoholic beverages on the premises. 4. There shall be no coin -operated games maintained on the premises at any time. 5. All public telephones shall be located on the interior of the premises. 6. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the applicant shall be removed or painted over within twenty-four (24) hours of being applied. 7. The applicant shall post a placard prohibiting loitering, pursuant to California Penal Code ("CPC") Section 602, on the exterior of the premises. 8. It shall be the applicant's responsibility to ensure that CPC Section 602 is complied with at all times that the premises are in operation. 9. The applicant shall at all times utilize an age verification device for all purchases of alcoholic beverages. City Council 28 — 297 8/6/2024 10. The owner or manager of the licensed premises shall maintain on the premises a written security policy and procedures manual, that has been approved by the Police Department, addressing at a minimum the following items; handling obviously intoxicated persons; establishing a reasonable ratio of employees to patrons, based upon activity level, in order to monitor beverage sales and patron behavior; handling patrons involved in fighting, arguing or loitering about the building and in the immediate adjacent area that is owned, leased, rented or used under agreement by the licensee(s); verifying age/checking identification of patrons; calling the police regarding observed or reported criminal activity. 11. If there is a marked or noticeable increase in the number of police -related incidents on or near the premises, as such increase may be determined by the chief of police, the applicant may be required to provide state -licensed, uniformed security guards at a number determined by the chief of police. 12. All managers and employees selling alcoholic beverages shall undergo and successfully complete a certified training program in responsible methods and skills for selling alcoholic beverages. The California Department of Alcoholic Beverage Control must approve said training program. Records of each employee's successful completion of the certified training program required by this section shall be maintained on the premises of the alcoholic beverage outlet and shall be presented upon request by a representative of the City of Santa Ana. 13. Alcoholic beverages in containers of less than sixteen (16) ounces cannot be sold by single containers, but must be sold in pre -packaged multi -unit quantities. 14. The sales of alcoholic beverages shall be permitted only between the hours of 7.00 a.m. and 12:00/midnight each day of the week unless otherwise modified by the granting of an after-hours conditional use permit. 15. Existing building and required parking must conform to the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (building security ordinance). These code conditions will require that the existing project lighting, door/window locking devices and addressing be upgraded to current code standards. Lighting standards cannot be located in required landscape planters. 16. Cash register must be visible from the street at all times and shall not be obstructed at any time by temporary or permanent signage. 17. Window displays must be kept to a minimum for maximum visibility and shall not exceed twenty-five (25) per cent of window coverage. 18. Window displays and racks must be kept to a maximum height of three (3) feet including merchandise. 19. A timed -access cash controller or drop safe must be installed. City Council 28 — 298 8/6/2024 20. A silent armed robbery alarm must be installed and operable at all times. 21. Clearly distinguishable height markers shall be installed on the inside doorjamb of all doors used by the public to access the store. Horizontal marks, one (1) inch wide by three (3) inch long, in different colors, and in a contrasting color to the background, shall be placed every six (6) inches beginning at five (5) feet and ending at six (6) feet six (6) inches. 22. No person under the age of twenty-one (21) shall sell or deliver alcoholic beverages. 23. A closed-circuit television system shall be provided and approved by the police department and shall be capable of viewing and recording events inside and outside the premises including the parking areas with a resolution which will clearly identify individuals for later identification as follows: a) A minimum of one (1) color camera at each cash register that views the front of a customer, from the waist to the top of the head. b) A minimum of one (1) color camera that views the full length side of a customer at the cash register area. c) A color camera recorder capable of recording events on all cameras simultaneously. d) A tape or disc storage library of recorded cameras kept for a minimum of sixty (60) days. e) If video tape is used, tapes cannot be taped over more than six (6) times. f) An audio recording component that will record sounds occurring at the customer counter. g) An internet protocol (IP)-based system is required. 24. It shall be the operator's responsibility to submit a shopping cart containment plan pursuant to SAMC Section 33.210. 25. The operator shall be responsible for obtaining all necessary permits for building tenant and freestanding signs. This shall include any window signs and temporary banners. City Council 28 — 299 8/6/2024 CUP No. 2012-14-MOD-1 For Target 3300 South Bristol Street -- - IRR1 ' R1 1 f- -R1 R1 hR1 R1, Santa Ana Boundary I 113 'Zoning mnedes -, Grenaraf Ageicu llunl Cnmmumq Cammercal Cammuniry Cgmmre*GNI -Museum 9is[rirt General Commercial ■ PWnned Sboppiap Ce— ■ Arterul Cam martial ■ Comm¢rci¢I R. d¢n[ial SautR .in M—t Commercial Data! Gpvpmment C— ■ Hemvy Indbs W . 9pert 5pate tend Me East 9vw4Y Zone ■ i'rafessioroal Sinpl¢-ymlly Resid¢nge ■ Trvopamily Resitlance Multiple-ymfly R¢sN¢nc¢ `Suburban Apartment ■ e¢skdertti¢wEs*are 5ptclRx Drvekoprntnt Na. 1 ■ 5pecifi[DevekppmapC No 11 ■ Sp -If. 3ev9oprnent No. 12 wSpecific Devefepraen[ No. 13 ■ 5pexifix Drvelbprnent Nb. I3 Specific Devetepmsat No 15 ■ 5p-m, Drvelnpmabt Na- 17 ■ Specific 9evelpprnent Na, i8 Spci5c 3evetnpmeal No. I9 SP—Z 9¢Yeropmeat Nq 3 - � Specific Develop ment No. 20 ¢w Specific3¢YefoPme0No 21 SPecific 3rve4apme nt No. 25 Sped& Z 'pro nt No. 26 ■ Specific Deveop—M Na. 27 Specie�9evNapmenx No 3l Sp.,fic 9rvelPpment No. 32 ��., � . $pecifi ri¢Y¢IPpm4 nt Np. 34 w Specificc)eMopm'tnt No. 35 Specfic DeYernpm¢nr No. 36 ■ Sp[rific SDtvelopment No 38 SpecirK 3eveeopmem No. 39 . Specifi[ 3evNoprntnl No. 4 ■ Specific Devekepmant N.40 ■ Speeifix 3evNbprnant Ne. 41 . Spedfic 9eeekupment No. 41 . Specific Drvekoprnent Na 13 Specfis (7evesopment No. 44 r [' � 5pacific9welopmant No 4fi 5pepif� Drr¢IPPment Na 48 4ecific9rve,apment tic 49 City Council r. M R4 F 1 C4 mi tA7 I r'R1R1 R1 C2 A R1 T C2 �2 SI74 " Exhibit 2 - Vicinity Zoning and Aerial View 28 — 300 NO F SOO feet Y I I =_ -ALi 8/6/2024 L M L � O }L, L 0 0 Oy C �ML � W N m O O U) N p do Z M a U O 4+ O a a� c� t x W N O N co O C7 I co N �, LM r L � O L LL o y m N � O O U) N O 60 Z M a U 133H1s 30ls1118 O.p H7 0 1— a W ° LLIlair t3 ° W o fi! C�2 Z ri �� _- �► [ clip• ' ' go, too y� 40 r fop 1 1 r 1 r i I 1 F z uu a a r 0 O 4p� m WCQ r i 1 r 1 r � r r 1 1 i 1 1 N O N O co IF �, CUP No. 2012-14-MOD-1 For Target 3300 South Bristol Street r A ►, -.- a ,ram ' = Census Tract Boundary (1) Target Corporation (2) 7-Eleven (3) The Vons Companies, Inc. (4) World Market, LLC. Exhibit 6 — Map of Type 21 ABC Licenses within Census Tract 741.07 City Council 28 — 304 8/6/2024 ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 3300 S Bristol St To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 06/28/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $123.75 Total $123.75 Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 OR# 3826733 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Proiect Location: 3300 South Bristol Street located within the Planned Shopping Center (C4) zoning district. Proiect Applicant: Beth Aboulafia with Hinman and Carmichael, LLP., and representing Target Corporation (Appliant) and Dayton -Hudson Corporation (Property Owner) Proposed Proiect: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2012- 14 to allow the sale of distilled spirits, in addition to beer and wine, for off -site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 — Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person orjoin via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- and-bu ild i ng-meeti ng-partici pation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilroy@santa- ana.org, Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. N6ucanlienlacbangtiengVidt, xin di e in tho a i cho Tony Lai s 6 (714) 565-2627. 6/28/24 O R-3826733# CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 3300 South Bristol Street located within the Planned Shopping Center (C4) zoning district. Project Applicant: Beth Aboulafia with Hinman and Carmichael, LLP. and representing Target Corporation (Applicant/Property Owner) Proposed Project: Applicant is requesting approval of modification of existing Conditional Use Permit No. 2005-22 to allow the sale of distilled spirits, in addition to beer and wine, for off -site consumption at an existing Target retail store. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is categorically exempt from further review pursuant to Section 15301 (class 1 — Existing Facilities) of the CEQA guidelines. A new Notice of Exemption (NOE) will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeCommentsa-santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https:Hsanta-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Matthew Kilroy with the Planning Division by phone at (714) 667-2708 or by email at MKilrova-santa- ana.org, City Council 28 — 306 8/6/2024 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 5h x l�1 1000' RADIUS NOTIFICATION MAP 3300 South Bristol Street uncil 28 — 307 8/6/2024 4 r r c+ NOTIC � B E OF PUBLIC NEARI EFORP Tu.. _ _ NG - A%11 I A AN � �. TPANNING COMMISSIO A process, b it`s notice is being ge +t,, ht" N ng sent LL_ c to Participate in the decision -making of the project site or who have express an who live or not e propnro P petty within 1000 feet encourage you to contact us prior to the Public Hearing if you ha eoany auesti We11 Planning Commission Action: The Planning Commission will hold a Public Hearing to questions, public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar 1 days of the decision by any interested party or group. u Project Location: 3300 South Bristol Street located within the Planned Shopping CentE (C4) zoning district. ProiecY Beth Aboulafia with Hinman and k- -michael, LLP., and representing Target Corporation (/-`,pplicant) _god Dayton -Hudson Corporation (Property Owner) r ial Proposed Pr`eiii—+- Applicant is requesting approval of modification 01 is L Permit No. 2012-14 to allow the sale of distilled spirits, in addition too beer o.:c Trine, , r off site c,onsurnpfion at an existing Target retail store. Act CEQA), toe the California Environmental Quality (1 E,,iong -vievd put a sec ly �tion (NOE) vm m. in the City July 8, 2024, at 5:30 P unlit maY Details: Santa Ana, CA 92701 Member, date information on how i)s'leetin This matter will be heard on Monday, 22 Civic Center Plaza, Zoom• For the most up erson or 1 lease visit htt s:/ ost u Santa ana.or 1 tannin and Council Chambers, this meeting in p meeting, P attend in this You may send written to participate virtually e meeting, v # in the _ artici ationl. ate in the Agenda Item -meetin Participate (reference the g a 2D Civic buildin you are unable f0 Santa ana. City of Santa %�' 30 P m- ments. If Pgp eComments Recording Secretary, comments is 3: Written Com e mail to to submit wnriennot be distributed to the comments by mail to Nuvia Ocamp° Deadline line May b CA 9�701' dead _ Santa Ana, d after the ng subject line) or Y o ;r1r to the M2 ents receive action(s), • to the Center Plaza meeting. Comm °f the record. ardin9 theWebsote d72 hours Prl Cen e day of them be made part al details r o9 the City e co ntact case on theday but will orR,atiorn: Addition' be found ortal. s please y aii at Com Get Moret'"�e lotto a�a.nrime °v.c have any Project (714) 667t cues 270$ em e To a /lsan Id Y°u hone only those We eU hearing at htt sGluestions: Should n9 Division by P d to raising written puho To Conte KO oY Nith the plc °ve matter, Y d S��Ib,dllin Ithlthe City °s notice' f Santa Ana Planner M a� a-ana.Or decisjO� or, t the Public hearing City Gounc'I °f 2732. tlr° e the raised at mmiss 7q4) 661 MK ou Chat ne else raisPlannin9 C° via °cSrv'P° ( 565.2627. t4u the Note- SI y° dense deli ereheadng. vor de Ilamto ar Lho TOny Lai 5O (714) issLie ,trot p ior to, then t LibIS en eSpanVigtol axtn djen th°a' a n Si tiene Pljen lac bang tien9 Nei can Planning and Building Agency Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Conditional Use Permit (CUP) Nos. 2024-06 and No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) RECOMMENDED ACTION 1. Adopt a resolution approving Conditional Use Permit No. 2024-06 for drive -through window service, as conditioned. 2. Adopt a resolution approving Conditional Use Permit No. 2024-07 for after-hours operation, as conditioned. EXECUTIVE SUMMARY Jay Higgins, with Raising Cane's Chicken Fingers (applicant), on behalf of Charles Manh (property owner), is requesting approval of Conditional Use Permit (CUP) No. 2024-06 and No. 2024-07, to allow the construction of a new eating establishment (Raising Cane's Chicken Fingers) with drive -through window services and after-hours operation (between 12.00 a.m. and 5.00 a.m.), respectively, at 1303 North Bristol Street. The subject site is comprised of Assessor's Parcel No. (APN) 405-272-21 and 405-272-24, which would be voluntarily merged as part of this project. The applicant is making the request pursuant to Sections 41-424.5(e) and 41-424.50) of the Santa Ana Municipal Code (SAMC), which permits eating establishments with drive -through window service and after-hours operation, subject to review and approval of a CUP by the Planning Commission. Staff is recommending approval of the requests, as the proposed project will reintroduce business activity on a vacant lot located on a major commercial corridor, and because the development will provide additional services to residents, workers, and visitors in the area. Moreover, the project complies with the General Plan goals and policies as it seeks to preserve and improve the character and integrity of existing neighborhoods and districts through the promotion of a clean, safe environment, as well as promote the economic growth and fiscal stability of the City. Lastly, the project will not negatively impact the surrounding community as the project has been designed to address any potential impacts related to noise, traffic, lighting, and odor. City Council 28 — 310 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 2 DISCUSSION Project Description The proposed project includes construction of a new single -story, 2,899-square-foot commercial pad building, with a 1,866-square-foot patio area for outdoor seating. The complete scope of work also includes approximately 13,811 square feet of enhanced landscaping throughout the project site, double drive -through lanes approximately 382 feet in length, a trash enclosure, and 21 parking stalls. To accommodate the overall project, the applicant proposes to merge multiple parcels identified in a purchase and sale agreement with the City (Agreement for Exchange or Real Property No. A-2022-113). Table 1: Project and Location Information Item Information Project Address and Council Ward 1303 North Bristol Street — Ward 5 Nearest Intersection Washington Avenue and Bristol Street General Plan Designation General Commercial (GC) Existing Zoning Designation Bristol Street Corridor Specific Plan (SP1) — Commercial (C-5) Surrounding Land Uses North Medical Office East Residential South Vacant West Santa Ana College Property Size 1.12-acres (49,010 square feet) Existing Site Development The subject site is a currently vacant Proposed Building Size 2,899 square feet Use Permissions Allowed with a conditional use permit (CUP) Zoning Code Sections Affected Uses SAMC Section 41-424.5(e) and Section 41-424.50) Operational Standards SAMC Section 41-425 As designed, the project site would provide vehicular access from Bristol Street through a 40-foot drive aisle, enhanced with decorative pavers. The proposed building would be situated along the north side of the property, with the drive -through entry accessed along the south property line, extending along the east property line with double lanes that accommodate vehicle queuing up to 37 vehicles. A separate driveway exit would be provided for the drive -through lane, along the north end of the property. Additionally, the proposed drive -through lane would be designed in a manner that would provide approximately 153 feet of additional spill over area located behind the parking stalls, without impeding the vehicle parking back up requirements. Lastly, the 382-foot drive - through lane meets minimum required stacking/queuing requirements per the SAMC, which require eighty feet from the entry to the order point and eighty feet from the order point to the pickup window. City Council 28 — 311 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 3 The proposed building design is consistent with other Raising Cane's Chicken Fingers locations and features a contemporary style characterized by brick veneer, wood paneling, distressed metal panels, and smooth stucco. The building design features a neutral color scheme, comprised of brown, grey, black, and white to complement the proposed materials. Additionally, metal finishes are prominently used in the awnings, equipment -screening panels, and patio canopy, enhancing the modern aesthetic. Prominent commercial storefront windows are also placed across all elevations, further enhancing the commercial look and feel of the development. The project site would be enhanced with approximately 13,811 square feet of landscaping, which is proposed to soften the appearance of the parking area along Bristol Street and Washington Avenue, to provide a buffer for the outdoor patio, and to offer additional sound attenuation for properties to the east. The plant palette would include robust plant materials including trees, shrubs, palms, succulents, grasses, and groundcover. Included as part of the landscaped area would be an adjacent and separate parcel to the north (APN: 405-272-21), which as part of this project would be merged and landscaped and would be improved with a new property line wall between the subject property and the property to the north property. This adjacent parcel is approximately 1,050 square feet in size, and would extend the subject site 10 feet to the north. The proposed restaurant dining room and drive -through hours of operation would be Sunday through Thursday from 9.00 a.m. to 1.00 a.m. and on Friday and Saturday from 9.00 a.m. to 1.30 a.m. The outdoor patio seating would be limited to 12.00 a.m. (midnight). At this time, the applicant is not requesting live entertainment or alcohol sales for onsite consumption. Table 2 below provides a detailed comparison of the project's compliance with the applicable land use and development standards. Table 2: Development Standards Standard Required by the COM/C-5 Zoning Provided District Front yard 15 feet minimum Complies: 15 feet Side yard (adjacent 15 feet minimum Complies; 15.8 feet to the street) Rear yard (abutting 5 feet minimum Complies; 25.5 feet residential) Landscape Front 15 feet at Washington Avenue and Complies: and Side Street Bristol Street Bristol Street — 15 feet Yard Washington Avenue — 15.8 feet Building Height 22.5 feet maximum adjacent to Complies; 22.33 feet residential Restaurant: 24 spaces minimum (8 Parking spaces per 1,000 sq. ft. restaurant) 21 spaces provided pursuant to AB Patio: 8 spaces minimum 2097 32 spaces total Floor Area Ratio Complies; 0.06 FAR (2,899 square (F.A.R.) 0.50 FAR maximum feet) City Council 28 — 312 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 4 Standard Required by the COM/C-5 Zoning District Provided Complies; 80 feet from the order 160 feet; 80 feet to menu board and 80 point/ menu board to beginning of Stacking Distance feet to pick-up window drive -through lane, 80 feet from pick- up window/pay window to the menu board Assembly Bill No. 2097 On September of 2022, Assembly Bill 2097 (AB 2097) was signed into law by Governor Newsom and became effective on January 1, 2023. The primary objective of this legislation is to restrict local governments from imposing parking regulations on commercial and residential projects that are located within 0.5 miles of a major transit location. AB 2097 defines major transit location as an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. The proposed project requires 31 parking spaces subject to Section 41-1341 of the SAMC. However, the subject site is located within 0.5 miles of major route intersection located north of project site at the intersection of Seventeenth Street and Bristol Street. Therefore, the proposed 21 parking spaces will not require Planning Commission approval of a variance application. In light of the reduction, conditions of approval would require the applicant to establish a parking management plan should the parking availability impact the surrounding neighborhood. Project Background In 1991, the City Council adopted the Bristol Street Corridor Specific Plan (SP1) to address the projected increase in traffic as part of revitalization efforts of the corridor stemming from a now -defunct redevelopment project area. Several parcels along Bristol Street were acquired by the City by way of right-of-way acquisition, which includes the subject property, 1303 North Bristol Street (APN: 405-272-24) and APN: 405-272-21. The existing commercial buildings serving an eating establishment and medical office were later demolished in 2008 and the properties sold through Agreement for Exchange or Real Property No. A-2022-113 to Charles Manh for redevelopment on June 21, 2022. Subsequently, the property owner entered into a lease agreement with Raising Cane's Chicken Fingers for redevelopment, and on May 30, 2023, the applicant submitted Development Project Application No. 2023-22 (DP No. 2023-22). Since then, the applicant worked with City staff to address various concerns related building design, City Council 28 — 313 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 5 onsite circulation, required landscaping, and merging and redeveloping all the parcels identified in the agreement. In response to City concerns, the applicant ultimately made several site plan changes, with the final site plan design presented as part of this CUP request. The DP application was deemed complete on May 20, 2024, and the required entitlement applications were submitted May 20, 2024. A lot merger for the parcels identified in agreement No. A-2022-113 is being processed under Lot Merger No. 2023- 06 (LM No. 2023-06). The subject Raisings Cane's Chicken Fingers would be the second location in Santa Ana, with the other located at 2250 East Seventeenth Street. That location opened in December 2019. Project Analysis Although eating establishments are permitted by right in the C5 zoning district, those with drive -through window service or operating between the hours of 12.00 a.m. and 5.00 a.m. require approval of a Conditional Use Permit (CUP) by the Planning Commission, pursuant to Sections 41-424.5 (e) and 41-424.5 0) of the SAMC. The C5 zoning district designation enables the applicant to submit the required CUP application for consideration by the Planning Commission to conditionally permit the proposed drive - through service and after-hours operation. Conditional Use Permit for Drive-Throuah Window Service Staff recommends approval of the applicant's request for a CUP to allow drive -through window service, as it would provide additional services to the community, facilitate development of a vacant site, promote economic growth and stability of the City and would be designed and operated in a manner that is not anticipated to create a nuisance for neighboring properties. By providing drive -through window services, the eating establishment would provide additional dining opportunity in a manner that is convenient to both residents of Santa Ana, nearby workers, and commuters. Furthermore, the project would create new permanent jobs for the community and boost property and sales tax revenues. The proposed project is also designed to minimize any nuisance to the single-family residential neighbors to the east, related to light pollution, noise, odors, and vehicle circulation. Measures taken include shielding the proposed lighting and placing light standards in locations to limit impacts to the neighboring residential properties. The lighting adjacent to residential properties would be less than 5-foot candles as required by the City's design guidelines and range from 0.49 to 4.2-foot candles at the property line, adjacent to the residences to the east. Beyond the property line, the illumination would reduce to 0.0-foot candles, as a result of the shields and screen wall. City Council 28 — 314 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 6 The primary noise sources associated with the proposed Raising Cane's restaurant would consist of drive -through operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, outdoor dining, and mechanical equipment. To address noise concerns, the applicant is proposing to provide enhanced landscaping along the eastern property line wall with Pacific wax myrtle shrubs, which can grow up to the height of the perimeter wall in order to provide additional sound attenuation, which would supplement existing/proposed perimeter block walls. Pursuant to a noise study provided for the project, the exterior noise levels generated in the project vicinity would be within 1.1 A -weighted decibels (dBA) of the City's allowable exterior noise standards of 50 dBA. Per the California Department of Transportation (Caltrans) Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013), a noise level increases of 3 dBA is generally regarded as barely perceivable. Therefore, the 1.1 dBA range is not anticipated to generate significate noise that would negatively impact the adjacent properties. To address odor emissions from the building, a high -quality air scrubber would be installed to limit odors from prepared food. The drive -through lane will offer an additional 153 feet of spill over area to avoid off -site impacts, and an independent drive -through exit will minimize onsite circulation disruption or safety concerns. Furthermore, operationally, the patio area hours of operation would be limited to 12.00 a.m. and conditions of approval would require staff members to provide assistance by taking orders directly from customers during peak hour in the event that the eating establishment experiences an influx of customers. Conditional Use Permit for After -Hours Operation Staff recommends approval of the applicant's request for a CUP to allow after-hours operation as extended hours of operation would provide additional opportunities to customers, allow the business to compete with similar establishments in the surrounding area, and offset the demand at the existing Raising Cane's Chicken Fingers location in Santa Ana. The project would be designed in a manner that would not result in negative impacts to the surrounding neighborhood during the extended hours. Allowing for extended hours of operation would provide dining opportunity to community members working irregular hours. However, the after-hours operation would be limited to 1.00 a.m. Sunday through Thursday and 1.30 a.m. on Friday and Saturday, similar to other eating establishments located in the corridor, to mitigate potential impacts to the neighboring residential properties. These proposed hours of operation are not anticipated to create any nuisances related to the noise and lighting. As previously described, the noise levels would be at a noise level that is exceeding the City's allowable nighttime exterior noise level of (50 dBA), but which will not be detectible by the residential properties adjacent to the proposed use. City Council 28 — 315 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 7 The lighting adjacent to the neighboring properties during the proposed after-hours operation times would be within the permissible illumination of 5-foot candles and reduce to 0-foot candles on the neighboring properties as required by the SAMC. Additionally, the after-hours operation would allow the establishment to compete with other fast-food establishment such as In-N-Out Burger located at 815 North Bristol Street (open Sunday through Thursday from 10.30 a.m. to 1.00 a.m. and Friday and Saturday from 10.30 a.m. to 1.30 a.m.), Taco Bell located at 1801 North Bristol Street (open Monday through Sunday from 8.00 a.m. to 2.00 a.m.), McDonald's located at 501 North Bristol Street (open Sunday through Thursday from 5.00 a.m. to 11.30 p.m. and Friday and Saturday from 6.00 a.m. to 8.00 p.m.) and Jack in the Box located at 719 North Bristol Street (open twenty-four hours, seven days a week), which would help promote the economic growth and stability of the City by supporting the redevelopment of an underutilized site. Lastly, in establishing second location within City boundaries would provide additional support to accommodate the demand for eating establishment and capture spending within the City limits rather than other locations outside of the City. General Plan Consistency The approval of the proposed project is consistent with the General Plan land use designation of General Commercial (GC), as the proposed project would serve a commercial use, which are supported in land use designation area. Additionally, the proposed project would also be consistent with several goals and policies of the General Plan. Specifically, the project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.2 and LU-2.6, which aims to provide a balance mix of land uses that meet the City's diverse needs, capture local spending, offer a range of employment opportunities, and promote rehabilitation. The proposed project would provide for a new dining opportunity in the local area that would include an additional service to Santa Ana residents and visitors, which would promote local spending and offer employment opportunities. The extended hours of operation would extend the hours throughout the City would capture local spending. Furthermore, the applicant's investment to develop the property would further encourage developed in the surrounding area. The proposed redevelopment as part of the project would also be consistent with Goal LU- 3 and Policies LU-3.4 and 3.7, which seek to preserve and enhance the character of the existing commercial area, foster a safe and clean environment for the community and ensure that the scale and massing of the new development is compatible and harmonious. The applicant is proposing to construct a new pad building with associated site improvements and extensive site landscaping, which would overall enhance the character of the area considering the site was previously vacant and undeveloped. Additionally, the proposed building would be 22.5 feet in height and 2,899 square feet in size to ensure the building size is compatible with the adjacent residential properties and would not cast a shadow or create a looming effect on adjacent residential properties. City Council 28 — 316 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 8 The project proposes landscaping improvements, which will feature a variety of plant materials including trees, perennials, succulents, shrubs, grasses, and groundcover, which would further help enhanced the viability of the commercial site, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana's residents, workers, and visitors. The project would also be consistent with the Economic Prosperity Element (EP), Goal EP-1 and Policy EP-1.2, which seeks to foster a dynamic local economy that provides and creates employment opportunities and expand the City's efforts in achieving its full employment potential. The proposed request would allow the owner and applicant to establish a business and construct a new building that would result in fostering a dynamic local economy, by creating new employment opportunities through activating an underutilized undeveloped property. This would in turn promote the fiscal stability and growth of the sales tax of the City as a whole. This would also be consistent with Policy EP-1.8, which promotes fiscal stability and growth of sales tax. Lastly, the project would be consistent with Goal EP-3 and Policies EP-3.7 and EP-3.8, which promotes a business friendly environment where businesses thrive, promotes a solution -based customer focus in order to facilitate additional development, and promotes a balance of community benefits. Consistent with these goals the redevelopment of site to develop with a new pad building that would serve an eating establishment would create a more business friendly environment along Bristol Street as it would deter any illicit activity and encourage business operations at neighboring properties and other remaining undeveloped properties in the corridor. Additionally, it would provide services to the community and additional dining options through the drive -through and after-hours services in a manner that is not anticipated to create on -site or off -site impacts to customers or the community, through careful site planning and operation practices. Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 1,000-foot notification radius map, and the site posting are provided in Exhibit 9. The site is located within the Washington Square Neighborhood Association, whose leadership was routinely notified of the project and of its major milestones during the development review process. The project is not subject to the City's Sunshine Ordinance. However, to ensure ample neighborhood outreach, staff encouraged the applicant to provide routine updates to the Washington Square Neighborhood Association. The applicant communicated with the neighborhood leaders to discuss the project. Following initial discussions, community leaders expressed concerns with the originally proposed hours of operation. To address community concerns and mitigate any potential impact to the surrounding residential properties, staff worked with the applicant to adjust the proposed hours of operation to City Council 28 — 317 8/6/2024 CUP No. 2024-06 & CUP No. 2024-07 — Raising Cane's Chicken Fingers (1303 North Bristol Street) July 8, 2024 Page 9 those presented as part of this CUP request. At the time this report was printed, no additional issues of concern were raised. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction). Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures, which includes commercial buildings for restaurant uses not exceeding 10,000 square feet located in urbanized areas. The project proposes to establish an eating establishment within a new 2,899-square-foot commercial building with double drive -through lanes and after-hours operation in an urbanized area. As such, a Notice of Exemption, Environmental Review No. 2023-72 will be filed for this project. ECONOMIC AND FISCAL IMPACTS There is no fiscal impact associated with this action. EXHIBIT(S) 1. Conditional Use Permit Resolution — Drive -Through Facility 2. Conditional Use Permit Resolution — After -Hours Operation 3. Vicinity Zoning and Aerial Map 4. Site Photo 5. Project Site Plan 6. Project Floor Plan 7. Project Elevations 8. Conceptual Landscape Plan 9. Copy of Public Notices Submitted By: Heidi Jacinto, Assistant Planner II Approved By: Minh Thai, Executive Director, Planning and Building Agency City Council 28 — 318 8/6/2024 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2024-06 AS CONDITIONED TO ALLOW DRIVE -THROUGH SERVICES FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET (APN: 405-272-24 AND 405-272-21) 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. Jay Higgins, with Raising Canes Chicken Fingers (Applicant), on behalf of Charles Manh (Property Owner), is requesting approval of Conditional Use Permit (CUP) No. 2024-06 to allow drive -through window service for an eating establishment in the Commercial (COM) zoning district of the Bristol Corridor Specific Plan (SP1) at 1303 North Bristol Street. B. In 1991, the City adopted SP1 to accommodate the flow of traffic at the time and projected increase in traffic as part of revitalization efforts of the corridor. C. The existing 1,200-square-foot commercial building previously developed on the subject property was later demolished in 2008 as part of the widening effort. D. On April 21, 2020, the City Council adopted Resolution No. 2020-032, declaring the property as surplus. The property was subsequently acquired by Charles Manh on June 21, 2022, through Agreement for Exchange of Real Property No. A-2022-113 E. The Property Owner entered into a lease agreement with Raising Cane's Chicken Fingers, which submitted Development Project (DP) application No. 2023-22 to the City on May 30, 2023. The DP application was deemed complete on May 20, 2024, and the required entitlement applications were submitted May 20, 2024. F. Santa Ana Municipal Code (SAMC) Section 41-424.5(e) requires approval of a CUP for eating establishments with drive -through window service. G. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. H. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2024-06. 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 Resolution No. 2024-XXX Page 1 of 7 City Council 28 — 319 8/6/2024 grant CUP No. 2024-06, for drive -through window service, 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 wellbeing of the neighborhood or community. The eating establishment with drive -through window service will contribute to the general well-being of the neighborhood or community by providing additional dining options that are convenient for people working or residing in the surrounding area. Additionally, as of the project, the Applicant will develop the currently vacant lot and construct a new pad building featuring a contemporary design characterized by brick veneer, wood paneling, distressed metal panels, and smooth stucco in a neutral color scheme of brown, grey, black, and white. This development will introduce activity to the previously underutilized site, deter illicit activity, and generate business that, in the long term, will promote the economic viability of the City and the well-being of the community. 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 use would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, but rather the intent of the proposed use is to provide an additional service to the community and to provide a convenient method for customers to enjoy takeout food. Additionally, the drive -through layout was designed in a manner that ensures safe onsite circulation by providing a 382-foot double drive -throughout lane that yields a capacity for 37 vehicles and additional 153 feet of spill over area to avoid and off -site circulations concerns. Furthermore, the drive -through lane would have an independent exit lane, which would further avoid any site circulation concerns. Lastly, while the property is located adjacent to residential land uses, the design and measures related to noise, lighting, and odor would be taken would result in a project that is not anticipated to result in a nuisance to the neighboring properties. The lighting would not be detrimental to the persons residing in the adjacent residential properties as it the illumination would be less than 5-foot candles as required by the City's design guidelines and range from 0.49 to 4.2-foot candles at the property line. Beyond the property line, the illumination would reduce to 0.0-foot candles as a result of careful placement, light shields, and screen wall. The primary noise sources associated with the proposed Raising Cane's restaurant would consist of drive -through operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, outdoor dining, and mechanical Resolution No. 2024-XXX Page 2 of 7 City Council 28 — 320 8/6/2024 equipment. To address noise concerns, the Applicant is proposing to provide enhanced landscaping along the property line wall to provide additional sound attenuation, which would supplement existing/proposed perimeter block walls. Pursuant to a noise study provided for the project, the exterior noise levels generated in the project vicinity would be within 1.1 A -weighted decibels (dBA) of the City's allowable exterior noise standards of 50 dBA. Per the California Department of Transportation (Caltrans) Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013), a noise level increases of 3 dBA is generally regarded as barely perceivable. Therefore, the 1.1 dBA is not anticipated to generate significate noise that would negatively impact the adjacent properties. To address odor emissions from the building, a high - quality air scrubber would be installed to limit odors from prepared food. Therefore, the project would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The drive -through will not adversely affect the economic stability or future economic development of properties in the surrounding area, as the site is currently vacant and closed off with temporary construction fencing. Approval of the subject request would allow the Applicant to establish a new eating establishment in the city and reintroduce activity to the site. Additionally, the services offered and dinning opportunity stimulate commercial business that generates sales tax revenue for the City as well as and would generate new and permanent employment opportunities in favor of the economic growth and stability of the City. 4. That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. The proposed land use complies with the regulations and conditions in Chapter 41, with the exception of the required parking as 32 parking spaces are required based on the size of the building and outdoor dining area and 21 parking spaces are proposed. Pursuant to Assembly Bill (AB) 2097, project sites located within a major transit area and would not be subject to requesting a deviation for the reduced parking. However, the reduced parking is not anticipated to impact the surrounding neighborhood as the drive - through services are typically the primary attraction for proposed Raising Cane's Chicken Fingers location based on observations of other locations. Moreover, a separate condition of approval has been added to ensure that the operator establish a parking management plan should concerns related to the parking arise. Resolution No. 2024-XXX Page 3 of 7 City Council 28 — 321 8/6/2024 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 approval of the proposed project is consistent with the General Plan land use designation of General Commercial (GC), as the proposed project would serve a commercial use, which are supported in land use designation area. Additionally, the proposed project would also be consistent with several goals and policies of the General Plan. Specifically, the project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.2 and LU-2.6, which aims to provide a balance mix of land uses that meet the City's diverse needs, capture local spending, offer a range of employment opportunities, and promote rehabilitation. The proposed project would provide for a new dining opportunity in the local area that would include an additional service to Santa Ana residents and visitors, which would promote local spending and offer employment opportunities. The extended hours of operation would extend the hours throughout the City would capture local spending. Furthermore, the Applicant's investment to develop the property would further encourage developed in the surrounding area. The proposed redevelopment as part of the project would also be consistent with Goal LU-3 and Policies LU-3.4 and 3.7, which seek to preserve and enhance the character of the existing commercial area, foster a safe and clean environment for the community and ensure that the scale and massing of the new development is compatible and harmonious. The Applicant is proposing to construct a new pad building with associated site improvements and extensive site landscaping, which would overall enhance the character of the area considering the site was previously vacant and undeveloped. Additionally, the proposed building would be 22.5 feet in height and 2,899 square feet in size to ensure the building size is compatible with the adjacent residential properties and would not cast a shadow or create a looming effect on adjacent residential properties. The project proposes landscaping improvements, which will feature a variety of plant materials including trees, perennials, succulents, shrubs, grasses, and groundcover, which would further help enhanced the viability of the commercial site, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana's residents, workers, and visitors. The project would also be consistent with the Economic Prosperity Element (EP), Goal EP-1 and Policy EP-1.2, which seeks to foster a dynamic local economy that provides and creates employment opportunities and expand the City's efforts in achieving its full employment potential. The proposed request would allow the owner and Applicant to establish a business and construct a new building that would result in fostering a dynamic local economy, by creating new employment opportunities through activating an underutilized Resolution No. 2024-XXX Page 4 of 7 City Council 28 — 322 8/6/2024 undeveloped property. This would in turn promote the fiscal stability and growth of the sales tax of the City as a whole. This would also be consistent with Policy EP-1.8, which promotes fiscal stability and growth of sales tax. Lastly, the project would be consistent with Goal EP-3 and Policies EP-3.7 and EP-3.8, which promotes a business friendly environment where businesses thrive, promotes a solution - based customer focus in order to facilitate additional development, and promotes a balance of community benefits. Consistent with these goals the redevelopment of site to develop with a new pad building that would serve an eating establishment would create a more business friendly environment along Bristol Street as it would deter any illicit activity and encourage business operations at neighboring properties and other remaining undeveloped properties in the corridor. Additionally, it would provide services to the community and additional dining options through the drive -through and after-hours services in a manner that is not anticipated to create on -site or off -site impacts to customers or the community, through careful site planning and operation practices. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction). Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures, which includes commercial buildings for restaurant uses not exceeding 10,000 square feet located in urbanized areas. The project proposes to establish an eating establishment within a new 2,899- square- foot commercial building with double drive -through lanes and after-hours operation in an urbanized area. As such, a Notice of Exemption, Environmental Review No. 2023-72 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, referendum, and other 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 SubdivisionMap 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 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. Resolution No. 2024-XXX Page 5 of 7 City Council 28 — 323 8/6/2024 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2024-06, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1303 North Bristol Street. This decision is based upon the evidence submitted at the above -referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: ��C n ;J�� Jos Montoya Assistant City Attorney Resolution No. 2024-XXX Page 6 of 7 City Council 28 - 324 8/6/2024 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: Nuvia Ocampo Recording Secretary City of Santa Ana Resolution No. 2024-XXX Page 7 of 7 City Council 28 — 325 8/6/2024 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2024-06 Conditional Use Permit ("CUP") No. 2024-06 for drive -through window service 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 remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2023-22. 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, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELD), and the Citywide Design Guidelines. The landscape plan shall also include block wall details, including details for the proposed block wall on the northern property line following the required lot merger, and note application of anti -graffiti coating. 4. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in -kind. 5. At any time that vehicle stacking extends beyond the entrance to the drive -through facility, the restaurant shall provide field staff as reasonably required to expedite drive - through operations, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, the ingress and egress easement onto adjacent properties, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 6. In the event that site parking availability result in a nuisance for the surrounding neighborhood the Applicant is to develop a parking management plan to be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 7. Outdoor patio use shall terminate by 12.00 a.m. daily. City Council 28 — 326 8/6/2024 8. The Applicant is to process and finalize lot merger application No. LM-2023-04 prior to permit issuance. 9. Prior to issuance of a certificate of occupancy, the Applicant shall have demolished the existing block wall on the existing northern property line and constructed a new block wall on the new northern property line, following recordation of LM No. 2023-04, as per the approved site and landscape plans. 10. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 11. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 12. Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. 13. Prior to the issuance of a Building Permit, a Property Maintenance Agreement shall 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.); 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 City Council 28 — 327 8/6/2024 trash and debris on or 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; and 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. City Council 28 — 328 8/6/2024 RESOLUTION NO. 2024-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2024-07 AS CONDITIONED TO ALLOW AFTER-HOURS OPERATION FOR THE PROPERTY LOCATED AT 1303 NORTH BRISTOL STREET (APN: 405-272-24 AND APN: 405-272-21) 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. Jay Higgins, with Raising Canes Chicken Fingers (Applicant), on behalf of Charles Manh (Property Owner) is requesting approval of Conditional Use Permit (CUP) No. 2024-06 to allow drive -through window service for an eating establishment in the Commercial (COM) zoning district of the Bristol Corridor Specific Plan (SP1) at 1303 North Bristol Street. B. In 1991, the City the City adopted SP1 to accommodate the flow of traffic at the time and projected increase in traffic as part of revitalization efforts of the corridor. C. The existing 1,200-square-foot commercial building previously developed on the subject property was later demolished in 2008 as part of the widening effort D. On April 21, 2020, the City Council adopted Resolution No. 2020-032 declaring the property as surplus. The property was subsequently acquired by Charles Manh on June 21, 2022, through Agreement for Exchange of Real Property No. A-2022-113. E. The Property Owner entered into a lease agreement with Raising Canes Chicken Fingers, which submitted Development Project (DP) application No. 2023-22 to the City on May 30, 2023. The DP application was deemed complete on May 20, 2024, and the required entitlement applications were submitted May 20, 2024. F. Santa Ana Municipal Code (SAMC) Section 41-424.50) requires approval of a CUP for eating establishments with after-hours operation. G. Pursuant to SAMC Section 41-638, the Planning Commission is authorized to review and approve the CUP for this project as set forth by the Santa Ana Municipal Code. H. On July 8, 2024, the Planning Commission held a duly noticed public hearing for CUP No. 2024-07. The Planning Commission of the City of Santa Ana has considered the information Resolution No. 2024-XXX Page 1 of 7 City Council 28 — 329 8/6/2024 and determines that the following findings, which must be established in order to grant CUP No. 2024-07, for after-hours 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 wellbeing of the neighborhood or community. The eating establishment with after-hours operation in combination with the new eating establishment and drive -through window service will contribute to the general well-being of the neighborhood or community by providing additional dining options that are convenient for people working or residing in the surrounding area. Additionally, as of the project, the Applicant will develop the currently vacant lot and construct a new pad building featuring a contemporary design characterized by brick veneer, wood paneling, distressed metal panels, and smooth stucco in a neutral color scheme of brown, grey, black, and white. This development will introduce activity to the previously underutilized site, deter illicit activity, and generate business that, in the long term, will promote the economic viability of the City and the well-being of the community. 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 operation would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity, rather the development of the site would discourage any illicit activity in the area and provide for more activity and property over site. Additionally, the proposed hours of operation and drive - through hours of operation would be Sunday through Thursday from 9.00 a.m. to 1.00 a.m. and on Friday and Saturday from 9.00 a.m. to 1.30 a.m. While the outdoor patio seating would be limited to 12.00 a.m. so as to minimize any potential impacts to the neighboring residential properties. Lastly, while the property is located adjacent to residential land uses, the design and measures related to noise, lighting, and odor would be taken would result in a project that is not anticipated to result in a nuisance to the neighboring properties. The lighting would not be detrimental to the persons residing in the adjacent residential properties as the illumination would be than 5-foot candles as required by the City's design guidelines and range from 0.49 to 4.2-foot candles at the property line. Beyond the property line, the illumination would reduce to 0.0-foot candles as a result of careful placement, light shields, and screen wall. The primary noise sources associated with the proposed Raising Cane's restaurant would consist of drive - through operations (i.e., sound from the ordering intercom and vehicles idling/queuing in the drive-thru lanes), parking lot noise, outdoor dining, and mechanical equipment. To address noise Resolution No. 2024-XXX Page 2 of 7 City Council 28 — 330 8/6/2024 concerns, the Applicant is proposing to provide enhanced landscaping along the property line wall to provide additional sound attenuation, which would supplement existing/proposed perimeter block walls. Pursuant to a noise study provided for the project, the exterior noise levels generated in the project vicinity would be within 1.1 A -weighted decibels (dBA) of the City's allowable exterior noise standards of 50 dBA. Per the California Department of Transportation (Caltrans) Technical Noise Supplement to the Traffic Noise Analysis Protocol (2013), a noise level increases of 3 dBA is generally regarded as barely perceivable. Therefore, the 1.1 dBA is not anticipated to generate significate noise that would negatively impact the adjacent properties. To address odor emissions from the building, a high -quality air scrubber would be installed to limit odors from prepared food. Therefore, the project would not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed after-hours operation will not adversely affect the economic stability or future economic development of properties in the surrounding area, as the site is currently vacant and closed off with temporary construction fencing. Approval of the subject request would allow the Property Owner to establish a new eating establishment in the city and reintroduce activity to the site. Additionally, the after-hours would allow for additional hours of operation during which additional sales would be by providing that dinning opportunity which would stimulate commercial business that generates sales tax revenue for the City as well as and would generate new and permanent employment opportunities in favor of the economic growth and stability of 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 with the exception of the required parking as 32 parking spaces are required based on the size of the building and outdoor dining area and 21 parking spaces are proposed. Pursuant to Assembly Bill (AB) 2097, project sites located within a major transit area and would not be subject to requesting a deviation for the reduced parking. However, the reduced parking is not anticipated to impact the surrounding neighborhood as the drive -through services are typically the primary attraction for proposed Raising Canes Chicken Fingers location based on observations of other locations. Moreover, a separate condition of approval has been added to ensure that the operator establish a parking management plan should concerns related to the parking arise. Resolution No. 2024-XXX Page 3 of 7 City Council 28 — 331 8/6/2024 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 approval of the proposed project is consistent with the General Plan land use designation of General Commercial (GC), as the proposed project would serve a commercial use, which are supported in land use designation area. Additionally, the proposed project would also be consistent with several goals and policies of the General Plan. Specifically, the project aligns with Land Use Element (LU) Goal LU-2 and Policies LU-2.2 and LU-2.6, which aims to provide a balance mix of land uses that meet the City's diverse needs, capture local spending, offer a range of employment opportunities, and promote rehabilitation. The proposed project would provide for a new dining opportunity in the local area that would include an additional service to Santa Ana residents and visitors, which would promote local spending and offer employment opportunities. The extended hours of operation would extend the hours throughout the City would capture local spending. Furthermore, the Applicant's investment to develop the property would further encourage developed in the surrounding area. The proposed redevelopment as part of the project would also be consistent with Goal LU-3 and Policies LU-3.4 and 3.7, which seek to preserve and enhance the character of the existing commercial area, foster a safe and clean environment for the community and ensure that the scale and massing of the new development is compatible and harmonious. The Applicant is proposing to construct a new pad building with associated site improvements and extensive site landscaping, which would overall enhance the character of the area considering the site was previously vacant and undeveloped. Additionally, the proposed building would be 22.5 feet in height and 2,899 square feet in size to ensure the building size is compatible with the adjacent residential properties and would not cast a shadow or create a looming effect on adjacent residential properties. The project proposes landscaping improvements, which will feature a variety of plant materials including trees, perennials, succulents, shrubs, grasses, and groundcover, which would further help enhanced the viability of the commercial site, would create a harmonious environment, and would help promote a clean and safe environment for Santa Ana's residents, workers, and visitors. The project would also be consistent with the Economic Prosperity Element (EP), Goal EP-1 and Policy EP-1.2, which seeks to foster a dynamic local economy that provides and creates employment opportunities and expand the City's efforts in achieving its full employment potential. The proposed request would allow the owner and Applicant to establish a business and construct a new building that would result in fostering a dynamic local economy, by creating new employment opportunities through activating an underutilized Resolution No. 2024-XXX Page 4 of 7 City Council 28 — 332 8/6/2024 undeveloped property. This would in turn promote the fiscal stability and growth of the sales tax of the City as a whole. This would also be consistent with Policy EP-1.8, which promotes fiscal stability and growth of sales tax. Lastly, the project would be consistent with Goal EP-3 and Policies EP-3.7 and EP-3.8, which promotes a business friendly environment where businesses thrive, promotes a solution - based customer focus in order to facilitate additional development, and promotes a balance of community benefits. Consistent with these goals the redevelopment of site to develop with a new pad building that would serve an eating establishment would create a more business friendly environment along Bristol Street as it would deter any illicit activity and encourage business operations at neighboring properties and other remaining undeveloped properties in the corridor. Additionally, it would provide services to the community and additional dining options through the drive -through and after-hours services in a manner that is not anticipated to create on -site or off -site impacts to customers or the community, through careful site planning and operation practices. Section 2. Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review pursuant to Section 15303 of the CEQA Guidelines (Class 3 — New Construction). Class 3 exemptions consist of construction and location of limited numbers of new, small facilities or structures, which includes commercial buildings for restaurant uses not exceeding 10,000 square feet located in urbanized areas. The project proposes to establish an eating establishment within a new 2,899 square foot commercial building with double drive -through lanes in an urbanized area. As such, a Notice of Exemption, Environmental Review No. 2023-72 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, referendum, and other 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 SubdivisionMap 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 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. Resolution No. 2024-XXX Page 5 of 7 City Council 28 — 333 8/6/2024 Section 4. The Planning Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Conditional Use Permit No. 2024-07, as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 1303 North Bristol Street. This decision is based upon the evidence submitted at the above -referenced hearing, including but not limited to: The Request for Planning Commission Action dated July 8, 2024, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 8th day of July 2024 by the following vote. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Bao Pham Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B: Y— Jos,Y Montoya Assistant City Attorney Resolution No. 2024-XXX Page 6 of 7 City Council 28 — 334 8/6/2024 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Nuvia Ocampo, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2024-XXX to be the original resolution adopted by the Planning Commission of the City of Santa Ana on July 8, 2024. Date: Nuvia Ocampo Recording Secretary City of Santa Ana Resolution No. 2024-XXX Page 7 of 7 City Council 28 — 335 8/6/2024 EXHIBIT A Conditions of Approval for Conditional Use Permit No. 2024-07 Conditional Use Permit ("CUP") No. 2024-07 for after-hours operation 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 remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. The Applicant must comply with all conditions and requirements of the Development Review Committee for the Development Project (DP) No. 2023-22. 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, the Applicant shall submit a landscape and irrigation plan for the entire site to the Planning Division for review and approval. The landscape and irrigation shall comply with the zoning district's landscape standards, the Water Efficient Landscape Ordinance (WELD), and the Citywide Design Guidelines. The landscape plan shall also include block wall details, including details for the proposed block wall on the northern property line following the required lot merger, and note application of anti -graffiti coating. 4. All landscaping shall be installed per the approved landscape and irrigation plan. In addition, all landscaping shall be evergreen, be required to be maintained throughout the lifetime of the CUP, and shall be required to be maintained in a healthy manner. Moreover, any unhealthy or dead landscaping shall be required to be removed and replaced in -kind. 5. At any time that vehicle stacking extends beyond the entrance to the drive -through facility, the restaurant shall provide field staff as reasonably required to expedite drive - through operations, assist with onsite parking, and prevent vehicles from blocking onsite parking spaces, drive aisles, the ingress and egress easement onto adjacent properties, sidewalks and bicycle lanes, and/or queuing onto public roadways. A stacking plan illustrating vehicle stacking management in parking areas shall be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 6. In the event that site parking availability result in a nuisance for the surrounding neighborhood the Applicant is to develop a parking management plan to be reviewed and approved by Planning Staff and shall be posted and maintained onsite. 7. Outdoor patio use shall terminate by 12.00 a.m. daily. 8. The Applicant is to process and finalize lot merger application No. LM-2023-04 prior City Council 28 — 336 8/6/2024 to permit issuance. 9. Prior to issuance of a certificate of occupancy, the Applicant shall have demolished the existing block wall on the existing northern property line and constructed a new block wall on the new northern property line, following recordation of LM No. 2023-04, as per the approved site and landscape plans. 10. Violations of the Conditional Use Permit as contained in Section 41-647.5 of the Santa Ana Municipal Code will be grounds for permit suspension and/or revocation as described in Section 41-651 of the Santa Ana Municipal Code. 11. The business shall post in a conspicuous location at the entry to the building the contact information for the responsible onsite manager, including full name, phone number, and emergency or backup phone number, in case of noise and related operational complaints. 12. Site illumination levels must remain in compliance with Section 8-211 (Special Commercial Building Provisions) of the Santa Ana Municipal Code at all times. 13. Prior to the issuance of a Building Permit, a Property Maintenance Agreement shall 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.); 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 on or about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized City Council 28 — 337 8/6/2024 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; and 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. City Council 28 — 338 8/6/2024 6/1/24, 2:06 PM CUP No. 2024-06 and CUP No. 2024-07 for Raising Canes Chicken Fingers 1303 North Bristol Street and AP_N: 405-272-21 L 1J!r.LF :J-PL _J_rLF -1 �F -1�"LF 1�` LF.-1J .L_ 1 .z..� ■ate s . R1 R1 Ri �Q,, R1,) _ - R1 AlI1:i R1 II% Ill o•11 �' . 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EX. RESIDENTIAJI N.A.P. d 11I r m O ��-I ��: ; rOrrn Z u � r O10 plll g F 5 o n 4 A a A Z m o € 9 9 w m A O v O CD m 0 n O z in :[7 C O z z O m n Q S g g a S co m s —I m - m -D q i1 9 R A�gw m�Ea g pI mR z. ma o= �> r A P zA g g �n Q°9b � P � R 4 m �3 0 o28 — 341 ��$oTwP K'- oagox q 4d, "g�8�a fl a"m� �oa�9 A=fig£ 02, �2ng< p - - -------- 7 . . . .......-.. —.—I . . ..... . .......... III II ---------- ------ --------- - I,,: -- ----------- FT in 171 F] T F T ..... F1 T r1l 7 LILLL .11 an 1 rj UP 193 Al 0 T. N F 21, S- E �04f 1� 2 8 P ;-Cp 101f-B9l-2Gb tti OUtt59G-tGb:aa1 = �!Ip VadanS Wemelmtl !no ca � — E g _ O Ri y�oa:9a W � ggS A a is ul 6 3 a a - E - - o � � �g g�g o 8� o LLI� o � o a w _ i yg Citv Council 28 — Lokff W-M mUb4odtln5 Ne+nE'S=H NO Z s _ Lu -1 H m A 10 Ln MMah —14 I Uil ity Counci ® o M M � �15 c o � ysmQ w w ry w J Q J Z f/) OFAM MEMO I � m I LL LL U eg E I 3 c i 3` o0o m0 ' I I I I d z o a` E_ Y-Y ej zn rl a 0000000 00 I m to,I •-- •11-iii r ales I Fill y ➢boa E c } 321 ``lmmlR�%1l� � mT �� �• Fovruuu7-?im,my°``:F� I tl � fi m E� Ssa Z mho$ �m ww?`O`--. 3 leaf s�mEF$E 0VZNIOS T 00 �a UW J � � CD a w 00 QUa U Lu o}a Zia JVy Q n W a 0a� ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 1303 N Bristol Street To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 06/28/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $132.00 Total $132.00 Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI OR# 3826730 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Plannino Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Proiect Location: 1303 North Bristol Street for the property located within the Bristol Street Corridor Specific Plan (SP1) zoning district. Proiect Applicant: Jay Higgins, with Raising Cane's Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Proiect: Applicant requests approval of Conditional Use Permit (CUP) No. 2024-06 and Conditional Use Permit (CUP) No. 2024-07 to allow for the construction of a new eating establishment (Raising Cane's Chicken Fingers) with drive -through window services and after-hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor's Parcel No. (APN) 405-272-21 and 405-272-24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 — New Construction) of the CEQA guidelines. Environmental Review No. 2023-72 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person orjoin via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.corr✓public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or by email at HJacinto@santa- ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. N6uc$nlienlac bangtiengVidt, xin di e n tho a i cho Tony Lai s o (714) 565-2627. 6/28/24 OR-3826730# CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 1303 North Bristol Street for the property located within the Bristol Street Corridor Specific Plan (SP1) zoning district. Project Applicant: Jay Higgins, with Raising Cane's Chicken Fingers (Applicant) on behalf of Charles Manh (Property Owner) Proposed Project: Applicant requests approval of Conditional Use Permit (CUP) No. 2024-06 and Conditional Use Permit (CUP) No. 2024-07 to allow for the construction of a new eating establishment (Raising Cane's Chicken Fingers) with drive -through window services and after-hours operation (between 12:00 a.m. and 5:00 a.m.). The subject site is comprised of two parcels, Assessor's Parcel No. (APN) 405-272-21 and 405-272-24, which will be merged as part of a ministerial review process. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from additional review pursuant to Section 15303 (Class 3 — New Construction) of the CEQA guidelines. Environmental Review No. 2023-72 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeCommentsa-santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https:Hsanta-ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or by email at HJacintoa-santa-ana.org. City Council 28 — 347 8/6/2024 Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 1000' RADIUS NOTIFICATION MAP a �u. ! -SLY. low pop klia 10, f J, `► ° `' it . [ `wF ,y�i ..}" 1303 North Bristol Street Gty._ 8/6/2024 uncil 1FOOC Sq. Ft. BLI r-f j] 7qlTia ...................... ME 4-0 iF 349 mi z_ - - ry ncNKING • BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa qna encourages the public to participate in the declsion•rnaking process. This notice is being sent to those who live or own e1 the project site or who have expressed feet property fact an interest in the proposed encourage you to contact us prior to the Public Hearing action, if You have any questions PlajningCo I �/ t ;7he Planning taesb , Commission will bottle Y. end will take Public Nearing to receive ppeated action on fhe Item described below. Decision Pursuant on this matter Will be final unless to Article ss of Chapter 41 of the Santa Ana Munidpal days of the tlecisicn by arty Interested pa or gmup. p p HY Code within 10 calendar 1 -�B: 1303N hh Brisbl Sbaet forihe "PeifPlan SPttoPerly located within the Bristol Street Corridor I ) Pning district.n Prot et" II t J Y H' Charlesa'hwroRatsirg Canes CHcken F'ngam (gppltcani) on behalf ( P.HY Omar) of C—Ifi ed Pre: of Conditional Use Pemul CUp INo u" appoval of CandPoonal Use Pane (Raising Cana's Ch'cken Furs.) 202407 to allow for the cunt1 (CUP)No 202406 antl rgars) with tlRve-through eslabhshmant 1a'00 yary r Window casa�weaeng Nba �N e m antl 6 00 a m) 7he suElecl s to and after hours operation ( ) 06272-21 is composed of two and 406-272-24, whicH ll ba trio Parcels, Assessors Parcel En •Iro Jed as n II . pad eFe mnisteriel review process. ampt tmm ^�Pureuent W the Caldomle EnNronmental dtlIsonal Dual Act CE re ew purauent to Section 16303 (Claw 3 - ( DA) aw project is gu tlahnes EtwironmentalYR.vaw No.WQ2 1 72 Wsll be filed for this p ctCcustmc0on) 1 . 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Re Hgibe publ g G N Should you have PI H dl J \ cm an -H d torso h U b ^ ^B Dlvls on b y Project questions, please contact -so —� Y phone at (714) 6672]25 ' or by email at Ir ypa rnallange u,e e you or sam « Pn the above matter, You may be I'm t sporpenu dell retl b the Platming'he Public hearing descrlbetl In this P nor to ma Commissnn pupl'c hearing nc1c, or nI wdtt n or CnY Councl orihe Gl Y 01Santa Ana at. or Sl flan. praguntas 1 en espadel Fever de N6m c 1 a NuTo n + ISO (714) 667.2732 Ilan lac bgn9 hfn9 Yet An elfin [ho i eho th'01 a Tent Lai so (714) 666-2627. y Ul Planning and Building Agency Item # 4 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Planning Commission Staff Report July 8, 2024 Topic: Zoning Ordinance Amendment No. 2024-01 for South Coast Technology Center at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) RECOMMENDED ACTION Recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying various sections of the Specific Development No. 58 (SD-58) zoning district. EXECUTIVE SUMMARY Jeffrey Reese, representing C.J. Segerstrom & Sons, is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying Specific Development No. 58 (SD- 58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings for a new industrial park development ("South Coast Technology Center") at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive). Staff is recommending approval of the amendments as the proposed changes would be compatible with the general plan land use designation, surrounding area, and would result in various on -site and off -site improvements that would benefit the community experience. Moreover, staff is supporting the applicant's request because the project complies with the General Plan goals and policies and with the applicable development standards, and because the project would preserve and improve the character and integrity of existing neighborhoods and promote the City's economic prosperity. DISCUSSION Project Description The applicant is requesting approval of a zoning ordinance amendment application to make comprehensive amendments to Specific Development No-58 (SD-58), which provides zoning regulations for 33 acres of land, including seven separate parcels. The proposed amendments include establishing permitted and conditionally permitted light City Council 28 — 351 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 2 industrial land uses. Additionally, the amendments will modify various sections related to development phasing, signage, height standards, perimeter fencing, off-street parking, parking area trees, and operational standards, in order to provide development standards for the new limited light industrial uses. The proposed light industrial land uses and applicable standards would apply specifically to the properties located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive), as shown in Exhibit 6. Additional, details related to the zoning text changes can be found under Table 2. As part of the overall scope, the applicant is proposing to redevelop the project site with a new industrial park development, to be referred to as the South Coast Technology Center. To accommodate the new development, the applicant is proposing to demolish three, three-story office buildings approximately 60,462 square feet, 56,930 square feet, and 60,634 square feet in size. Currently, 3100 West Lake Center Drive was most recently occupied by OC 405 Partners Joint Ventures, vacated the site in June 2024; 3110 West Lake Center Drive is leased by United Health, which does not currently occupy the building but whose lease is expected to expire on April 30, 2025; and 3120 West Lake Center Drive, which is currently vacant. As part of the redevelopment, the applicant is processing a voluntary lot merger application, Lot Merger No. 2024-04, in order to merge assessor parcels nos. 414-272-10 and 414-272-09. The new development would consist of three new modern, "Class A" industrial buildings, across three separate parcels, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size. Two of the three new buildings (Building 2 and 3) are proposed to replace Lake Center Business Park, and Building 1 would be constructed on a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01). The gross floor area of the three buildings would total approximately 313,244 square feet, and would include, truck docks, two-story office spaces and second story balconies facing West Lake Center Drive. Moreover, the site would be improved with outdoor patios, landscaping, extensive onsite greenery to enhance the overall the site, ample surface parking, and EV charging stations. Additionally, a passive park is planned for the northwest corner of the site. This park will feature linear paving, light bollards, architecturally harmonious benches, modular seating, and flowering accent trees, shrubs, and soft foliage. It will serve as a focal point and offer recreational space for the community. Proposed off -site improvements include replacing asphalt along West Lake Center Drive, from Harbor Boulevard to Susan Street, and new grind and overlay of the West Lake Center Drive that would extend from Susan Street throughout the length of the site. Other off-street improvements include relocating the tree wells from the sidewalk to back of sidewalk, to ensure ADA compliance of existing sidewalks. The proposed development would be designed to provide for a campus like environment that can be utilized by up to five tenants. However, at this time the applicant has not identified any prospective business/tenants or pre -lease commitments. Instead, the City Council 28 — 352 8/6/2024 ZOA No. 2024-01 July 8, 2024 Page 3 for South Coast Technology Center at 3100 West Lake Center Drive overall development will be developed as a "shell construction" or "base build," which consists of only the building core and exterior elements (the shell). The interior build -out work is anticipated to be completed by any future tenants, to carry out before occupancy of the building. Shell construction is a very common building model/approach, especially for industrial buildings, that creates a blank slate on which prospective tenants can create a working space that is an exact fit for their own needs. In keeping with the campus feel, the buildings and site improvements are of a cohesive design with modern features and color scheme comprised of white, black, various shades of grey and an accent color. The building materials consist of concrete tilt up walls with groves and score lines for added texture, vertical and horizontal aluminum accents at the entryway, adjacent to glass storefronts. The outdoor patios would feature metal panel canopies with "groove picnic tables," "shear," and "Orion" benches, which are comprised of concrete and clean lines, in keeping with the modern asthenic of the center. Landscaping would also be planted in compatible, neutral above -ground planters, as well as in planter beds throughout the site, featuring a variety of colorful flowering shrubs, soft foliage, accent shrubs and evergreen shrubs. Additionally, various shade trees and flowering accent trees would be planted at entryways, site perimeter, and the parking lot. The entryway trees would be further accentuated with high quality and durable up -lighting. Although the site is anticipated to be enclosed by eight -foot wrought iron fencing, a minimum of ten feet of landscaping would be provided along the property frontages for buffering and screening. Access to Building 1 would be provided from Susan Street and Lake Center Dive, while Building 2 and 3 would have two entries from Lake Center Drive and one entry from Susan Street. The driveways would feature decorative paving to enhance the entryways and gates that would remain open during business hours and locked after hours. The site plan has been designed in a manner that would allow fire apparatus navigation through the site, designed to meet all fire lane requirements, and to meet the minimum fire separation requirements and setbacks. Table 1: Project and Location Information Item Information 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive Project Address and Council Ward West Lake Center Drive (APNs: 414-272-10, 414-272-09, 414-261-01) —Ward 1 Nearest Intersection Lake Center Drive and Susan Street General Plan Designation Industrial (IND) Zoning Designation Specific Development No. 58 (SD-58) North Calvary Chapel East Lake Center A Professional Office Surrounding Land Uses Park/parking structure South Santa Ana Processing and Distribution Center West Lake Center Business Park Property Size 15.94 acres (694,297 square feet) City Council 28 — 353 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 4 Three, three-story office buildings approximately 60,462 Existing Site Development square feet, 56,930 square feet, and 60,634 square feet in size. Use Permissions Zoning Ordinance Amendment ( SAMC Section 41-593) Uses SAMC Section 41-593 and SD - Zoning Code Sections Affected 58 Sections 1-8 Operational Standards SAMC Section 41-593 and SD- 58 Section 8 Project Background On October 15, 1990, the City Council adopted Ordinance No. NS-2089, approving General Plan Amendment No. 90-08, Amendment Application (Zone Change) No. 1043, Development Agreement No. 1990-03, and certification of an Environmental Impact Report. These approvals allowed for the increase in floor area ratio from 0.4 to 0.72 within the specific development area and rezoning of certain properties from Light Industrial (M- 1) to SD-58, which would provide for precise zoning regulations specific to development of an office/industrial park ("Lake Center Business Park"). Lake Center Business Park consisted of 33 acres of land with an allowable build out of 970,120 square feet. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance No. NS-2684, approving Zoning Ordinance Amendment (ZOA-2005-01), which amended SD-58 and modified the standards to conditionally permit private recreational fields and trade schools within the boundaries of the Lake Center Business Park. At the same public hearing, the City Council adopted Resolution No. 2005-046 approving various entitlements to facilitate a trade school use and to allow a private recreational field at 3100 W. MacArthur Boulevard. The Lake Center Business Park was constructed in the mid- to late-1980s, incompliance with the original development plans approved by Ordinance No. NS-2089 consisting of three, three-story office buildings that have been occupied by office uses since. The business park did include a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01), originally entitled for 320,000 square feet of additional office construction, but which was never constructed. As a result of the changing market trends in the wake of the Covid-19 pandemic, demand to lease the offices has declined leading the ownership to seek redevelopment opportunities of the office park. On September 11, 2023, the applicant submitted for Development Application (DP) No. 2023-03. The applicant worked with City staff to address various complex site plan concerns, such access for fire apparatus. City Council 28 — 354 8/6/2024 ZOA No. 2024-01 July 8, 2024 Page 5 Project Analysis for South Coast Technology Center at 3100 West Lake Center Drive Zoning Ordinance Amendment Pursuant to SAMC Section 41-593.1, the purpose and intent of a specific development (SD) designation is to provide a tailored and flexible zoning approach to address specific and exceptional circumstances associated with certain parcels, while protecting and promoting the public health, safety and general welfare of the City and its residents. These circumstances may include unique characteristics, historical significance, or specific community needs that deviate from the standard zoning regulations. Moreover, SD designations protect and enhance the value of properties by encouraging the use of good design principles and concepts; encouraging, securing and maintaining the orderly and harmonious appearance, attractiveness and aesthetic development; providing a method whereby specific development plans are based on the general plan; and by recognizing the interdependence of land values and aesthetics and providing a method to implement interdependence. For this specific proposal, the applicant is proposing to amend the SD-58 to allow limited industrial uses, as well as establishing development standards specific to the those limited light industrial uses as detailed in Table 2. Table 2: SD-58 Current and Proposed Text Regulations Topic Existing Zoning Code Regulations Amendments Proposed by Applicant Staff Recommendation Uses Uses Permitted "by -right": Keep existing uses and Staff recommends this Permitted include the following amendment, as introducing 1. Professional and uses permitted "by- limited light industrial uses Business Offices right": allows for additional land 2. Commercial/Retail uses to be established uses 1. Limited Light within the zoning district, Industrial Uses; and consistent with the General Plan land use designation, Introduce uses subject to which will also address the a conditional use permit: decline in demand for office uses and increased demand 2. Conditionally for flexible, clean Permissible Uses: manufacturing uses. a. Trade and professional schools. b. Private recreational fields. c. Conditionally permissible uses in the M1 zoning district. City Council 28 — 355 8/6/2024 ZOA No. 2024-01 July 8, 2024 Page 6 for South Coast Technology Center at 3100 West Lake Center Drive Topic Existing Zoning Code Amendments Proposed Staff Recommendation Regulations by Applicant Phasing Incremental phasing from Eliminate phasing from the Staff recommends this 1990-1995 document. amendment, as it is no longer applicable to the development of the SD-58 area. Signage On -site signs shall conform 1. On -sign for Staff recommends this to Article XI, subsections professional amendment to and allow for 41-850 through 41-1099 business, and administrative review of and with an approved commercial/retail deviations that do not planned sign program. land uses shall exceed twenty percent to remain allow more flexibility in consistent with signage and encourage the approved creative unique designs in sign program and keep with the theme of the SAMC. proposed improvements and 2. Signage in the new development. Major SD-58 area is deviations would be subject subject to the to a variance. SAMC and Planned Sign Program on file with the City. Modifications to sign development standards may be made administratively provided they do not exceed a twenty percent deviation. Height Limited to 200 feet above Limited Light Industrial Staff recommends this ground level. Parcels would be subject amendment to establish to a height of 55 feet above height limitations for limited ground level, exclusive of light industrial buildings any roof -mounted consistent with industry equipment. standard to ensure the site may remain competitive in the industry and secure tenants for the foreseeable future of the new development. Perimeter Subject to SAMC. 1. All perimeter fencing Staff recommends this Fencing abutting a public amendment to allow street shall be prospective tenants to decorative, "see provide added security and through", 10 feet ensure that proposed setback form the operations can be with an public right-of-way, additional layer of security and may be less and that such security City Council 28 — 356 8/6/2024 ZOA No. 2024-01 July 8, 2024 Page 7 for South Coast Technology Center at 3100 West Lake Center Drive Topic Existing Zoning Code Amendments Proposed Staff Recommendation Regulations by Applicant than 10 feet to fencing be installed in a accommodate a manner that complies with code required the SAMC and the ADA accessible exist but requirements. shall not exceed a length of 20 feet. 2. No perimeter fencing shall exceed 7 feet in height without City approval. Off-street Parking standard provided Update the section to Staff recommends this parking for Medical and Dental, include a parking amendment to establish Professional and Business standards for Trade and parking requirements for the Offices, Restaurants, and Professional Schools at a proposed land uses Commercial uses. rate of one space for each consistent with City's 333 square feet of office parking rate for colleges, floor area and Limited trade schools, and other Light Industrial Uses a rate adult education facilities and of 1.25 spaces for each industrial developments 1,000 square feet of floor Citywide. While industrial area. land uses pursuant to the SAMC may typically be parked at a rate of one (1) space per 1,000 square feet of floor area or two spaces per 1,000 square feet of floor area, the proposed rate of 1.25 allows for flexibility of combined mix onsite land uses as the site becomes occupied. Parking Area A planter not less than 5 Amend to provide further Staff recommends this Trees feet by 5 feet shall be clarification related to amendment to ensure required at a ratio of one parking lot design: parking lot landscaping be planter for each 4 parking planters are to be improved with high quality spaces. required for head -to -head landscaping and to provide parking spaces but shall for additional clarification for not be required where planter placement and parking spaces terminate sizing. at a curb. Additionally, for every 10 spaces that terminate at a curb, a landscape finger at least 5 feet wide shall be required. Operational 1. Each future structure 1. Each future structure Staff recommends this Standards would be required to shall be required to amendment to establish submit for site plan demonstrate operational standards and review. conformity with the ensure that new applicable provisions development, as well as any City Council 28 — 357 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 8 Topic Existing Zoning Code Regulations Amendments Proposed by Applicant Staff Recommendation 2. Prior to issuance of a of SD-58 and any future developments Building Permit, mitigation measures proposed, conform to the dedicate curb returns based on the existing regulations outlined in SD - and ultimate street Environmental Impact 58, as well as any previously right-of-ways on Lake Report, or prepared established environmental Center Drive and CEQA Exemption requirements. Susan Street. 15183 Environmental Documentation 2. Delete language referencing curb returns. 3. Amend to provide operational standards for Limited Light Industrial Uses The proposed amendments evaluated in the preceding table support the redevelopment of the site in a manner that is compatible with the surrounding community by reducing the mass and scale of the on -site developments. Furthermore, the improvements are expected to rejuvenate business activity in the area, addressing the current low demand for office space due changes in market trends, the site's proximity to the freeway, and lack of amenities in the area necessary to support office uses. As outlined in the City's general plan, industrial districts are significant sources of employment and municipal revenue, and they contribute to the economic health of the city and the region. Lastly, pursuant to the environmental analysis prepared for the project (Exhibit 7), the proposed project is not anticipated to create impacts related to light pollution, traffic, noise, or any other environmental impacts to the surrounding properties. Moreover, the project would be consistent with the City's General Plan Update and the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU PEIR), adopted by the City Council on April 19, 2022. The nearest sensitive land use is located approximately 300 feet from the project site. However, the proposed land uses are not anticipated to result in negative impact as they would be light industrial land uses, consistent with the General Plan update. General Plan Consistency On April 19, 2022, the Santa Ana City Council adopted the General Plan Update, which provided long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The proposed project aligns with various goals and policies identified in this General Plan. Specifically, it adheres to the Land Use (LU) Element, Goal LU-1, which aims to provide land use plans that improve the quality of life and respect the existing community. Consistent with this, the proposed request to amend the specific development to include limited light industrial use is supported by the General Plan and would result in a floor area ratio (FAR) within the City Council 28 — 358 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 9 permissible range of 0.72, as outlined in Table LU-3 of the Land Use Element, which provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58). The proposed project, following the amendment of the specific development document, would also feature reduced mass and scale, aligning with Policy LU-3.4. Additionally, it would result in long-term off -site improvements that enhance the existing community and provide amenities for public enjoyment. The proposed project is consistent with Goal LU-2, which seeks to provide a balance of land uses that meets Santa Ana's diverse needs, as the current allowable uses are not meeting the community's needs. Office space demand has declined and with this request, the ownership proposes to diversify and adapt to these needs by establishing additional land uses within the specific development area. The request is also consistent with Goal LU-3, which aims to preserve and improve the character and integrity of neighborhoods and districts. The goal for the site is to develop high -quality industrial buildings that would revitalize the area and make off -site improvements to enhance the character of the surrounding neighborhood, which would also be consistent with Policy UD-1.1 and Urban Design (UD) Element. Policy UD-1.1 ensures that all developments feature high quality design, materials, finishes, and construction. Furthermore, the proposed project aligns with Goal LU-4 and Policy LU-4.2, which support sustainable improvements to the built environment, maintain, and improve public spaces through quality architecture, street trees, landscaping, and other pedestrian -friendly amenities. As described, the ownership of the properties would redevelop the site, providing high -quality development and extensive landscaping along West Lake Center Drive, culminating in a passive park for the community and visitors to the nearby field or church, which would also be consistent with Policy UD-1.5. Policy UD- 1.5 encourages community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. The proposed project would also be consistent with several goals and policies of the Economic Prosperity Element (EP). Specifically, it the project supports Goal EP-1, which seeks to foster a dynamic local economy that creates employment opportunities for all residents in the city. The request would allow the ownership to transition from a land use that is not attracting businesses or jobs to one that would, thereby benefiting the city's economic prosperity. Additionally, the proposed redevelopment of Lake Center Business Park aligns with Policy EP-1.2, which aims to strengthen and expand citywide business attraction, supporting the achievement of the city's full employment potential. It also aligns with Policy EP-1.1, which seeks to protect industrial uses that provide quality job opportunities. Consistent with this policy, the request would reintroduce industrial land uses to a site previously rezoned to accommodate only office or commercial uses. City Council 28 — 359 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 10 Public Notification and Community Outreach Project notifications were posted, published, and mailed in accordance with City and State regulations. Copies of the public notice, including a 2,000-foot notification radius map, and the site posting are provided in Exhibit 11. The site is not located within a neighborhood association boundary or near an establish neighborhood association. At the time this report was printed, no issues of concern were raised regarding the proposed development. In addition to the required public noticing, the project was subject to the City's Sunshine Ordinance (Ordinance No. NS-3040) requiring two community meetings to facilitate early public participation. The first community meeting was held on September 27, 2023. Three members of the community were in attendance and posed questions related to the ownership of the project site, leasing, concerns of transient activity in the area, and the land use. The second meeting was held on January 10, 2024, during which six members of the community were in attendance and inquired about the phasing of the project. Materials from the two required community meetings are included with this report as Exhibit 9, and all materials were published to the project's webpage on the City's website. ENVIRONMENTAL IMPACT Pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review contained in Exhibit 7 has been prepared and peer reviewed by a qualified CEQA consultant hired by the City, to assess the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU EIR). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off -site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use City Council 28 — 360 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 11 characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section 15183(d), the15183 exemption applies to projects which meet the following conditions: 1. The project is consistent with: A. A community plan adopted as part of a general plan, B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or C. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The prepared environmental review provides a limited examination of environmental effects for the proposed project, evaluating whether there are impacts that are peculiar to the project or the project site, impacts not analyzed as significant effects in the GPU EIR, potentially significant off -site or cumulative impacts not evaluated in the GPU EIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk. Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above -listed topics analyzed in the environmental review. City Council 28 — 361 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 12 The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures related to air quality, cultural resources, geology and soils, and noise the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project. ECONOMIC AND FISCAL IMPACTS The proposed development associated with the amendment request is anticipated to generate a total of 687 permanent jobs (425 on -site and 262 off -site) and 555 one-time jobs associated with its construction. Additionally, the project would deliver a substantial positive impact to the City's economy with the production of goods and services increasing by $256.1 million annually. This growth in jobs and economic output would have a positive impact on the City, as it would expand its economic base, thereby providing a strong foundation for the City has continued economic growth and fiscal health. Additionally, the associated redevelopment with the amendment request is anticipated to generate a sizable annual recurring incremental fiscal surplus at build -out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. The annual revenues generated are projected to equal 2.27 times the associated City General Fund costs thus generating a positive net fiscal impact. EXHIBIT(S) 1. Zoning Ordinance Amendment Ordinance 2. Vicinity Zoning and Aerial Map 3. Site Photo 4. Full Project Plans 5. Renderings 6. Environmental Analysis and Exemption 7. Fiscal Impact Analysis Report 8. Economic Impact Study 9. Community Meetings Documents 10. Copy of Public Notices City Council 28 — 362 8/6/2024 ZOA No. 2024-01 for South Coast Technology Center at 3100 West Lake Center Drive July 8, 2024 Page 13 Submitted By: Heidi Jacinto, Assistant Planner II Approved By: Minh Thai, Executive Director, Planning and Building Agency City Council 28 — 363 8/6/2024 ORDINANCE NO. NS-XXXX ZONING ORDINANCE AMENDMENT NO. 2024-01 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SPECIFIC DEVELOPMENT NO. 58 (SD-58) TO ESTABLISH PERMITTED AND CONDITIONALLY PERMITTED LIGHT INDUSTRIAL LAND USES, ESTABLISH DEVELOPMENT STANDARDS FOR THE NEW PROPOSED USES, AND TO INCLUDE ADDITIONAL COMPREHENSIVE/ZONING TEXT EDITS AND UPDATES, TO FACILITATE THE CONSTRUCTION OF A NEW INDUSTRIAL PARK DEVELOPMENT NAMED THE SOUTH COAST TECHNOLOGY CENTER LOCATED AT 3100, 3110, 3120, 3130, AND 3400 WEST LAKE CENTER DRIVE (APNS: 414-272-09, 414-272-10, AND 414-261-01) THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. C.J. Segerstrom and Sons ("Applicant" and "Property Owner"), is requesting approval of Zoning Ordinance Amendment ("ZOA") No. 2024-01 amending Specific Development No. 58 ("SD-58") in order to facilitate the construction of a new industrial park development named the South Coast Technology Center located at 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive). The proposed amendments to SD-58 would establish permitted and conditionally permitted light industrial land uses, and would include text amendments to various sections of SD-58, including development standards for signage, height, perimeter fencing, off-street parking, and landscaping, as well as project phasing, operational standards and development standards for the new light industrial uses proposed. B. On October 15, 1990, the City of Santa Ana City Council adopted Ordinance No. NS-2089, approving General Plan Amendment No. 90-08, Amendment Application No. 1043, and Development Agreement No. 1990-03, and certifying an Environmental Impact Report. These approvals rezoned certain properties from the Light Industrial (M-1) zoning district to Specific Development (SD), established the SD-58 zoning district, and permitted the development of an office/industrial park ("Lake Center Business Park"). C. On July 18, 2005, the City of Santa Ana City Council adopted Ordinance No. NS-2684, approving ZOA No. 2005-01), which amended SD-58 and modified the standards to conditionally permit private recreational fields and trade schools, within the boundaries of the Lake Center Business Park. At the same public hearing, the City Council adopted Resolution No. 2005-046 City Council 28 — 364 Ordinance N8/6A WMXX Page 1 of 22 approving various entitlements to facilitate a trade school use and to allow a private recreational field at 3100 W. MacArthur Boulevard. D. The Lake Center Business Park was constructed in the mid- to late-1980s, generally in compliance with the original development plans approved by Ordinance No. NS-2089. However, the business park includes a vacant parcel, approximately 5.58-acres in size, located at the southwest corner of Lake Center Drive and Susan Street (APN: 414-261-01), originally entitled for 320,000 square feet of additional office construction, but which was never constructed. E. Due to the surrounding area not materially upgrading to the original vision of SD-58, the surrounding area remains largely industrial in nature, which has made it challenging for the Property Owners to attract office tenants. Moreover, following the COVID-19 (coronavirus disease 2019) pandemic, shifting market trends have resulted in a decline in demand to lease traditional office spaces. Therefore, the property owner seeks the redevelopment of 3100 W. Lake Center Drive, which may include a variety of uses, such as corporate offices, Research and Development (R&D), light manufacturing, and warehousing, among other industrial uses. F. The proposed amendments to the SD-58 support and are consistent with multiple General Plan goals and policies relating to the elements of Land Use, Urban Design, and Economic Prosperity. Attachment 1 to this Ordinance contains a full list of all applicable General Plan goals and policies that support the project. G. Pursuant to Santa Ana Municipal Code ("SAMC") Section 2-153, the applicant has demonstrated compliance with all requirements of the Sunshine Ordinance, including public notification and hosting of required community meetings. Materials resulting from the meetings were subsequently posted to the City's webpage for the project. H. On July 8, 2024, the Planning Commission held a duly -noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Zoning Ordinance Amendment No. 2024-01. On, August 6, 2024 the City Council held a duly -noticed public hearing to consider this Ordinance, where all interested persons were given an opportunity to be heard. J. For the reasons contained herein, and each of them, Zoning Ordinance Amendment No. 2024-01 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the SAMC; thus, changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare. City Council 28 — 365 Ordinance N8/6A W2 WXX Page 2 of 22 Section 2. The recitals above are each incorporated by reference and adopted as findings by the City Council. Section 3. The City Council finds and determines that pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the project is exempt from further review per Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of the CEQA Guidelines. The environmental review that has been prepared and peer reviewed by a qualified CEQA consultant hired by the City included in the Planning Commission Staff Report for July 8, 2024, assesses the potential for the proposed project to result in environmental effects and whether the proposed project qualifies for an exemption under Section 15183 of the CEQA Guidelines. Moreover, the analysis evaluated whether the potential environmental impacts are addressed in the City of Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report ("GPU EIR"). Specifically, the analysis evaluates demolition of the three existing office buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use, ancillary improvements including landscaping, parking, freestanding signage, site lighting, and fencing as well as proposed off -site improvements including replacing asphalt, new grind and overlay, relocating the tree wells from the sidewalk to back of sidewalk, and modifications to sidewalks as needed to ensure ADA compliance. CEQA Guidelines Section 15183 allows a streamlined environmental review process for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an environmental impact report (EIR) was certified and does not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Moreover, projects that are consistent with the densities and use characteristics considered by the GPU EIR may qualify for the CEQA Guidelines Section 15183 Exemption process. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions: The project is consistent with: A. A community plan adopted as part of a general plan, B. A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or C. A general plan of a local agency, and 2. An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. The GPU was adopted, and the GPU EIR certified, in April 2022 (State Clearinghouse Number 2020029087); the GPU went into effect on May 26, 2022. Any decision by the City affecting land use and development must be consistent with the GPU. The GPU EIR evaluates the potential environmental effects associated with implementation of the GPU and addresses appropriate and feasible mitigation measures City Council 28 — 366 Ordinance N8/WW2WXX Page 3 of 22 that would minimize or eliminate these impacts. Pursuant to Section 15183(i)(2) of the CEQA Guidelines, a project is consistent with the GPU if the development density does not exceed what was contemplated and analyzed for the parcel(s) in the certified GPU EIR and complies with the associated standards applicable to that development density. Development density standards can include the number of dwelling units per acre, the number of people in a given area, floor area ratio (FAR), and other measures of building intensity, building height, size limitations, and use restrictions. The prepared environmental review provides a limited examination of environmental effects for the proposed project, evaluating whether there are impacts that are peculiar to the project or the project site, impacts not analyzed as significant effects in the GPU EIR, potentially significant off -site or cumulative impacts not evaluated in the GPU EIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU EIR. Moreover, the review analyzed impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk. Additionally, the review outlines implementation of applicable regulatory requirements and mitigation measures detailed in GPU EIR, related to the above -listed topics analyzed in the environmental review. The environmental review concluded that the proposed project is consistent with buildout of the General Plan Update. Upon implementation of regulatory requirements and mitigation measures contained in the GPU related to air quality, cultural resources, geology and soils, and noise the proposed project would not have any specific effects, which are peculiar to the project or the project site. Moreover, there are no project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to aesthetics, agricultural and forestry resources, air quality, biological resources, cultural resources, energy consumption, site geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, and wildfire risk, than anticipated by the GPU PEIR. Based on this analysis, a Notice of Exemption, Environmental Review No. 2023-109 will be filed for this project. Section 4. The Specific Development No. 58 (SD-58) is hereby amended to read as follows: SPECIFIC DEVELOPMENT PLAN NO. 58 Section 1 - Applicability of Ordinance The specific development zoning district for the subject property, as authorized by Chapter 41, Division 26 Section 41593 et seq., of the Santa Ana Municipal Code S( AMC), is specifically subject to the standards and regulations contained in this plan for the express purpose of establishing land use City Council 28 — 367 Ordinance N8/WW2WXX Page 4 of 22 regulations and standards. All other applicable chapters, articles, and sections of the SAMC SaRta ARa MURiGipal Cede are in full effect shall ash unless expressly wa+ved er superseded by this ^r,lir^r^o regulations contained within this specific development. Section 2 — Purpose The Specific Development Plan Number 58 (SD-58) consisting of standards and regulations, is hereby established for the express purpose of protecting the health, safety, and general welfare of the people of the City by promoting and enhancing the value of properties and encouraging orderly development. Lake GeRtor Specific Development Plan SD-58 sets forth the development and design criteria for a development consisting of approximately 33 acres. The purpose of this Specific Development Plan is to permit flexibility in site planning and design in response to market conditions while assuring high quality development Specific Development Plan Number SD-58 specifically establishes for the property the following: • The permitted uses; • Maximum authorized development densities; • 4nti^iPatGd Pha6iRg Gf Gnoito i-eVe'GpMent • Signage provisions; and • Development standards for authorized uses, including building height limits, required setbacks, parking requirements, landscaping provisions and enforcement policies. Objectives The objectives of the Lake—GGRteFSpeEif,,,G D nmARt Pap Specific Development Plan SD-58 include the provision of the following: 1. Landscaping that is appropriate to the level of development and sensitive to the surrounding community; 2. A visually harmonious development as viewed both internally and externally; 3. A circulation system that is responsive to the needs of both vehicular and pedestrian travel, particularly pedestrian safety across major arterials serving the subject site; City Council 28 — 368 Ordinance N8/WW2WXX Page 5 of 22 4. Development that is exclusive of heavy industrial or noxious fumes sr hazaF e ma+or;except as permitted by the SAMC; 5. Flexibility in development in response to market conditions while achieving overall City and community goals; 6. Creation of new employment opportunities; 7. Permitting certain uses consistent with the underlying General Plan Industrial land use designation within portions of the development; 8. Develop the site to enhance its economic viability, creating a range of employment opportunities and increasing municipal revenue, which contributes to the economic health of the City and the region; 9. Signage that visually enhances the development and is harmonious with the adjacent environs. Section 3 — Uses Permitted Professional and Business Offices 1. General offices providing personal and professional services including, without limit, employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, wherein high technology office use is coupled with minor assembly, research and/or warehousing and shipping, and other similar uses. Commercial/Retail Uses 1. Commercial/retail uses including, but not limited to: service commercial uses such as banks and other financial institutions, delicatessens, food stores, newsstands, automobile support facilities providing services only within the parking structures such as auto detailing, health and exercise centers and other similar uses, day care centers, office and computer equipment, copy centers, postal centers, and other similar uses. 2. Restaurants, retail commercial, travel services, and other commercial uses incidental/accessing to office uses. Uses permitted subject to conditional use permit. 1. Trade and professional schools. 2. Private recreational fields. City Council 28 — 369 Ordinance N8/WW2WXX Page 6 of 22 3. On the parcels illustrated on Figure 1, any use permitted in the M1 district either by right or subject to a conditional use permit, as listed in the SAMC, that is not listed in the Limited Light Industrial Uses section, above. 4. Any use subject to Section 41-199.4 of the SAMC. 5. Eating establishments exceeding 2,500 square feet in gross floor area. Limited Light Industrial Uses 1. On the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), in addition to Professional and Business Offices and Commercial/Retail uses, the following Limited Light Industrial uses are permitted: a. The compounding, processing, or treatment of raw or previously treated materials into a finished or semi -finished aroduct. excludina those uses specified in sections 41-199.4 and 41-489.5 of the SAMC. b. The manufacture of products from raw or previously treated materials, excluding those uses specified in sections 41-199.4 and 41-489.5 of the SAMC. c. The assembly of products from raw or previously treated materials, excluding those uses specified in section 41-489.5 of the SAMC. d. The packaging or distribution of previously prepared products or materials, excluding those uses specified in section 41-489.5 of the SAMC. e. Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. f. Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the Property of the owner or operator of the building or structure. g. Machine shop or other metal working shops. h. Warehousing. i. Research laboratories. j. Movie, photography, musical or video production studios. k. Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity. I. Public utility structures. m. Blueprinting, photoengraving, screen printing and other reproduction processes. n. Eating establishments up to 2,500 square feet in gross floor area. 2. On the Limited Light Industrial Parcels, the following uses are permitted when ancillary to and physically integrated with any limited light industrial City Council 28 — 370 Ordinance N8/6A WMXX Page 7 of 22 uses permitted in Section 1, above, or to any use permitted subject to a conditional use permit: a. Cafes and eating establishments limited to use by employees of the uses specific in Section 1. b. Administrative office use occupying up to thirty (30) per cent of the gross floor area. c. Product sales or service uses occupying up to five (5) per cent of the gross floor area. d. Daycare centers occupying up to thirty (30) per cent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) per cent of the gross floor area. e. The outside storage of Class I and Class II liquids (as defined in the fire code of the City of Santa Ana) in above -ground fixed storage tanks when Properly screened pursuant to section 41-622 of the SAMC, as it may be amended from time to time. As used herein, "tank" means a vessel containing more than sixty (60) gallons. f. Enclosed storage where the goods, materials or supplies stored are the Property of the owner or operator of the building or structure occupying up to thirty (30) per cent. g. Caretakers quarters consistent with the requirements in section 41-479 of the SAMC. Section 4 — Maximum Permitted Building Density/Intensity The maximum authorized building densities/intensities for the Specific Development Plan SD-58 Lake (renter are as follows: 1. 400,890 square feet ,o}ff existing and approved office and support commercial uses oin�ltept vVtli-r-Lhe Site .4usc rcr�r T. 2. 569,230 square feet of additional floor area, including a maximum of 325,044 square feet of limited Light Industrial uses on the Light Industrial Parcels. ParkiRg6tF6IGt6IF86 and ann--rtenant6-cec are ne+ innl--.lerl in the ccrra-rr r.��.rurc-rrvc�rrcrucrccrrrrcrn. n�ln-il.atien of floor .ter 1 ill--c;tr.-te le tieno of io g and ccrratrrcr e�. e—r�ncrrcrcrcc$ c-a cTVTr�--�TrG�(rstiFi�--a�-rcr nrenecerl NA;cter Dl;;n of b iildiRgs 3. Parkina structures and appurtenant uses are not included in the calculation of floor area. 4. The precise timing of development, building sizes, and configuration are predicated on market conditions at the time of construction and are subject to change as market conditions change or as tenants become available. City Council 28 — 371 Ordinance W&W2WXX Page 8 of 22 1 R110.1 ding #1 49,949 Q.Qtt 7 R11ili- Rg #12 56-9 �1 QQ�T `2 Ri iililiR9 #1 1 1 (l�v t.W 4 R11ili- Rg #17 49,999 1 QQc2 G Ri ii1p] Pr r #Q 469,999 11 QQ�4 Section 5 & - Signage 1. Except as set forth here in, aAll future on -site signs shall conform to Article XI, Subsections 41-850 through 41-1099 of the SAMC Santa ARa M ininipal r„,�o in effect at the time of adoption of this ordinance. 2. On -site signs for the Professional and Business office uses and Commercial/Retail shall also be consistent with an approved sign program to be on file with the Santa Ana Planning Division. 3. Signage in the SD-58 area is subject to the SAMC and Planned Sign Program on file with the City. Modifications to sign development standards may be made administratively provided they do not exceed a twenty percent deviation for proposed freestanding and wall signs of dimensions for location, height, length, and sign face area. In considering a request for such administrative modification, health and safety and design compatibility of the proposed signage shall be taken into consideration. Section 6 -7 — Development Standards Building Heights. All future on -site uses with the exception of limited light industrial uses on parcels illustrated on Figure 1 will be subject to a height limitation of 200 feet above ground level which is defined as a measurement from the elevation of the top slab of the first floor on -grade to the top of the structure. Limited light industrial uses on the parcels illustrated on Figure 1 will be subject to a height limitation of 55 feet above ground level, exclusive of any roof -mounted equipment. 2. Setbacks. A minimum of 15 feet setback shall be provided between proposed onsite uses and right of way boundaries for the following streets Lake Center Drive Susan Street Sunflower Avenue and MacArthur. A minimum ten foot setback will be provided for uses adjacent to internal roadways but such ten - foot setback shall not apply to drive aisles in parking lots. 3. Building Separation. Minimum building separation shall be governed by Uniform Building Code requirements except for parking structures which are City Council 28 — 372 Ordinance N8/WW2WXX Page 9 of 22 not required to be separated from structures on separate parcels, and except for walkway covers connecting pedestrian access and atrium connections between buildings. 4. Site Coverage. All building setbacks as described in Section 6.2 aheve (Setbacks) above. Building setbacks shall be maintained for site coverage S#e GE)V Fagg fnr O.Rdiyid- all�.,r,�.,.�r}GeIS 1p1+F+r�S,hiAll ho,.,^nnoioc��4i .�ppFeyed PF8Gice plan prn�iided th;-;t tht s_;t9rba^v-rode rrraetl-c hn�io pro m;;int;;MAtQd 5. Parking. Parking within the Lake Gen+or Specific Development Plan SD-58 will be deSigR +n take ai-Ivar,tage of the i iFbaR SettiRg .-Rd h.�l.�r,^o of ­ooc provided to attract companies contemplated by the Permitted Uses described in Section 3 above (Usm.a es Permitted). This is represented by the mix ^f Similar InrJ uses iCcatetl--yVt ali VieSe preximity te traR6PG4.;;rt G_.A ^ t+es the properties governed by the SD-58 zoning. It is the intent efthe—ap^IR to provide parking facilities in the form of surface parking, parking structures above and, possibly, below grade or any combination thereof. The parking structures' design shall be compatible with the surrounding land uses. Ti-hht-Q Srtc-cafreRtly has 50-8- S irfa^o narking SpaG86 Rd 861 cnaGes On parkiRg 6#61Gt6lFes. Future on -site buildings may be served by a mix of surface and structure parking (appr ately 4,684 narking cnaGe? in narking 6tF61t61Fe6 a+xJ 28-4a^^ E;paGe `. Future spaces will be provided on a phase -by -phase basis consistent with projected demand coinciding with the construction of the proposed buildings. , �t - iild ^, H+ PFGj ro.'^cted total pa*iRg is an+i^�ated te be 242 spaGeS in a ^nmhin;tiG_n�arfA^ nag a. Location of Parking. Required off-street parking shall be provided. When parking is provided on a site of different ownership a recorded document shall be approved and filed with the City of Santa Ana Planning Division and signed by the owners of the parking site stipulating to the reservation of use of the site for said parking. b. Joint Use of Parking. Two or more office or commercial uses may jointly develop and utilize required parking facilities if approved by the Planning Division. Parking requirements for each individual use may be reduced through City of Santa Ana (i.e. no compact stalls) as of the date of adoption with regard to surfacing, marking, grading, lighting, walls circulation, parking dimensions, and layout. Landscaping requirements will be in accordance with this Specific Development Plan. c. Off -Street Parking Plan/Site Plan. A parking plan will be submitted for all projects requiring more than ten parking spaces, unless off street parking facilities are already provided. The required number of off street spaces may be reduced commensurate with the specific type of use and demonstrated hourly parking demand upon approval by the Zoning Administrator. For off - City Council 28 — 373 Ordinance N8/6AWMXX Page 10 of 22 street parking plan areas which contain 500 or more parking spaces a twenty (20) percent reduction may be permitted for required off street parking subject to approval by the Zoning Administrator. This percentage is based upon representative factors for land use as provided by the Urban Land institute's (ULI) shared parking study. The required number of off-street spaces provided may be further modified contingent upon implementation of a transportation demand management plan for Lake Center and based upon the results of a verified transportation study, subject to approval by the Planning Division. d. Number of Required Off -Street Spaces. The minimum number of off- street parking spaces to be provided within the project area are as follows: Medical and Dental. Six spaces for each doctor or one space for each 200 square feet of gross floor area, whichever is greater. Professional and Business Offices. One space for each 333 1 /3 square feet of gross floor area. Restaurant. Restaurant parking shall be in accordance with the following: Restaurants shall provide one parking space per 100 gross square feet of floor area. Outdoor dining areas may be reduced to provide one space per 200 square feet of gross floor area. Parking requirements may be waived for restaurants which primarily serve an onsite building or can be demonstrated to serve on -site users who will not drive to the site. Commercial. One (1) space for each 200 square feet of gross floor area for any freestanding commercial space larger than 3,000 square feet. Parking requirements shall be waived for commercial and service uses which primarily serve an on -site building, or can be demonstrated to serve onsite users who will not drive to the site Trade and professional schools. One space for each 40 square feet of classroom area, plus one space for each 333 square feet of office floor area. A passenger loading and unloading zone shall be provided for each building used for instructional purposes. City Council 28 — 374 Ordinance N8/WW2WXX Page 11 of 22 Limited Light Industrial. One and one -quarter (1.25) spaces for each one thousand square feet of gross floor area. 6. Landscaping Standards. All areas not used for buildings parking or storage shall be landscaped using the following guidelines. All landscaped areas shall be irrigated using an automatic irrigation system. The project shall provide landscaping consistent with the existing landscape theme and existing improvements onsite. Plazas and courtyards shall provide a minimum of 30% of the area dedicated to such amenity in landscaping. The design guidelines outlined herein form an integral element in achieving distinctive development character for the project area. As phases are implemented, landscape plans shall be approved which are consistent with and implement these concepts, and are consistent with existing improvements established by a Master Plan on file with the City Planning Division. Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed prior to issuance of a certificate of Use and Occupancy. a. Setback Areas. To create a unifying element surrounding the project area, a landscaped edge will be maintained adjacent to Lake Center Drive, Susan Street, Sunflower Avenue, MacArthur Boulevard and interior streets. This edge will contain formal tree plants with ground cover or shrubs below. b. Side and Rear Yard Setback Area. All building setback areas shall be landscaped utilizing ground cover lawn and or shrub and tree materials consistent with existing improvements. c. Parking Areas. In all areas where there is surface parking the following standards shall apply: Setback - The width of the landscaped edge adjacent to parking areas shall be a minimum of ten feet from the interior rear and interior side yard property lines. Trees - n IaRGIG ape plan+or RAt loss +hap For parking areas that feature head -to -head parking spaces there shall be a minimum five feet by five feet raised planter, including the thickness of the raised curb installed between the head -to -head parking spaces shall hia A-99 ii 8d nnncic+or,+ h oeRts at a ratio of one �L planter for each (4) four parking spaces on each side of the head -to -head row (see Figure 2 for a depiction of such planters). For purposes of clarification, for parking spaces that terminate at a curb (i.e. not head -to -head), no such planter shall be required. For every ten parking spaces that terminate in a curb, there shall be a landscape finger at least five feet (5') wide, including the thickness of the raised curbs enclosing such planter, and each planter will require one 15 gallon size tree, 8 five gallon size shrubs and ground City Council 28 — 375 Ordinance N8/WW2WXX Page 12 of 22 cover to serve as filler materials. Other organic or inorganic materials are not accepted for substitution for ground cover or turf. 7. Enforcement. The penal provisions and permit requirements set forth in Article VIII of the (SAMC) Santa ARa M61Rinipal Gede (effective as of the date of adoption of this Specific Development Plan) shall apply to all development within the Lake renter Specific Development Plan SD-58. 8. Perimeter Fencing. All perimeter fencing abutting a public street or private street shall be of decorative, "see -through" material, such as wrought -iron, but in no event shall such fencing be a chain -link material. Such fencing shall be setback at least ten feet (10') from the public right-of-way (the "Public Setback") with landscaping, as approved by the City per Section 6.6 (Landscape Standards) above, between the fencing and the public right-of-way. Provided, however, the Public Setback may be less than ten feet (10') from the public right-of-way to accommodate code -required, accessible exits through such fencing. The portion of the perimeter fencing that is less than ten feet (10') to accommodate such code -required, accessible exit shall not exceed a length of twenty feet (20') as measured parallel to the right-of-way. Perimeter fencing along interior property lines, if any, shall comply with Section 11.8.1 of the City's Industrial Design Guidelines. No perimeter fencing shall exceed seven (7) feet in height as measured from the adjacent grade without the prior authorization by the City. Section 7 8 - Operational Standards 1. Conditions Covenants and Restrictions (CC & R's) shall be provided which requires future tenants and property owners to participate in the required Transportation Demand Management Program and other mitigation measures as specified in the Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation. 2. Each future structure(s) shall be required to demonstrate conformity with the applicable provisions of this Specific Development Plan SD-58 s brnmt fer Site Plan oG�b4� tG_ eRG61Fe GGRfErmity Withthia Mass Plan and certified Environmental Impact Report, or prepared CEQA Exemption 15183 Environmental Documentation, to provide the opportunity to apply conditions to ensure compliance. 3. Prior to issuance of a Utility Release complete the following: City Council 28 — 376 Ordinance N8/6M2WXX Page 13 of 22 a) Comply with all mitigation measures applicable to the approved Site Plan and as set forth in the Draft EIR and as modified in the response to comments portion of the EIR. b) Comply with the requirements of the Development Agreement, as applicable. 4. Any amendments and/or modifications to the project or site plan review approval per Development Project (DP) DP No. 2023-37, including modifications to approved materials, finishes, architecture, site plan, landscaping, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available, per the following: a. Modifications up to ten -percent (10%) deviations shall be reviewed and approved by the City of Santa Ana's Planning Manager. b. Modifications up to twenty -percent (20%) deviations shall require a discretionary review and approval of a minor exception application by the City of Santa Ana's Zoning Administrator, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC. c. Modifications exceeding twenty -percent (20%) deviations shall require a discretionary review and approval by the City of Santa Ana's Planning Commission, at a duly noticed public hearing, pursuant to all applicable requirements outlined in the SAMC. 5. Prior to the issuance of building permits for any building within the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), a detailed and comprehensive Landscape Plan shall be submitted to the Planning and Building Agency Executive Director or his/her designee for review and approval prior to the issuance of building permits. a. The plan shall comply with the City's Water Efficient Landscape Ordinance (WELD) Chapter 41, Article XVI of the SAMC. The plan shall include an irrigation system layout with the location of controllers and points of connection with data on valve sizes and gallons per minute ( G.P.M.), the size and location of sleeves and all spray heads, including the location of conventional systems and drip systems; an irrigation legend with complete specifications; irrigation notes and construction details of all assemblies and components; a recommended irrigation schedule, preferably on an annual basis; and a summary block on the initial page of submitted plans that will present the above information clearly and accurately. b. The plan shall include a Plant Legend containing: plant symbol, scientific name of plant material, common name of plant material, plant container size, and plant spacing. Very low, low and medium water usage plant materials are encouraged. City Council 28 — 377 Ordinance NB/BA WMXX Page 14 of 22 c. The plan shall include details of site furnishings. Site furnishing should be compatible in style with the buildings and selected to bring comfort, scale and design expression to the streetscape. These must also be highly durable and easy to maintain. Planters and pots should be used to complement the project architecture and other site amenities; avoiding obstructions to pedestrian traffic flow with planters and pots. All elements of the furniture palette should be uniform. d. Landscaping for the project shall be completed in phases by building and shall be installed and inspected prior to occupancy of units within that building. The Owner and/or maintenance association established by any relevant Conditions Covenants and Restrictions (CC & R's) shall be responsible for maintaining all common area landscaping within the development. 6. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), the property owner shall satisfy all site improvement requirements identified by the City's Development Review Committee (DRC) as part of Development Project (DP) DP No. 2023-37, including but not limited to the following: a. Implementing water and sewer requirements, if any, determined necessary as part of the Water Hydraulic Model Evaluation Study conducted by the City of Santa Ana. 7. Prior to issuance of a building permit for any buildings within any of the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), the property owner shall execute and record a Lot Merger Application to consolidate the lots at 3100 W. Lake Center Drive. 8. Prior to final occupancy of a business established within any of the parcels illustrated on Figure 1 (the "Limited Light Industrial Parcels"), a Property Maintenance Agreement must be executed between the City of Santa Ana and the Property Owner in a form reasonably satisfactory to the City Attorney. The Property Maintenance Agreement shall ensure that the Property and all improvements located thereupon are properly maintained. The maintenance agreement shall contain covenants. conditions and restrictions relatina to the followina: 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); City Council 28 — 378 Ordinance N8/.WW2 WXX Page 15 of 22 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 and obliaations and responsibilities set forth under the maintenance aareement: 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; and h. The execution of the maintenance agreement shall be a condition precedent to the Certificate of occupancy. The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in any real Property illustrated on Figure 1 (the "Limited Light Industrial Parcels"), within the boundaries of Specific Development No. 58, 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. City Council 28 — 379 Ordinance N8/WW2WXX Page 16 of 22 SD-58 Limited Light Industrial Parcels Ln z Q 117 r ��o LAKE ENTER DR 1-1 F] Ln Ln z a D Ln tn SA_NTAANA �."•-"-••-..-.._.._.._.._---..- .-••-SlJf1FLOWERAV "-..-..-..-..-..-..-. `COSTA-IG7ES;4T � - !Mr7rrrffrrrrrftTMf-� Limited Light Industrial E) Parcels 0 150 300 SD 58 Zoning District Feet Figure 1 City Council 28 — 380 Ordinance N8/WW2WXX Page 17 of 22 Parking Lot Planters RVVE MU Figure 2 City Council 28 — 381 Ordinance N8/MW2WXX Page 18 of 22 Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 6. This Ordinance shall become effective thirty (30) days after its adoption. Section 7. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of APPROVED AS TO FORM Sonia R. Carvalho, City Attorney BY: —. Jose Montoya Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers: Councilmembers: Councilmembers: Councilmembers: 2024. Valerie Amezcua Mayor City Council 28 — 382 Ordinance N8/&W2WXX Page 19 of 22 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, , City Clerk, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2024 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Jennifer L. Hall City Clerk City of Santa Ana City Council 28 — 383 Ordinance N8/MW2WXX Page 20 of 22 Attachment 1 Consistent and Supportive General Plan Goals and Policies Land Use (LU) Element Goal LU-2. Land Use Needs. Provide a balance of land uses that meet Santa Ana's diverse needs. The project is consistent with this General Plan Land Use Element goal, as the current allowable uses are not meeting the community's needs. Office space demand has declined and with this request, the ownership proposes to diversify and adapt to these needs by establishing additional land uses within the specific development area. Goal LU-3: Compatibility of Uses. Preserve and improve the character and integrity of existing neighborhoods and districts. Policy LU-3.4: Compatible Development. Ensure that the scale and massing of new development is compatible and harmonious with the surrounding built environment. The project is consistent with these General Plan Land Use Element goals and policies, as the goal for the site is to develop high -quality industrial buildings that would revitalize the area and make off -site improvements to enhance the character of the surrounding neighborhood. Additionally, the proposed improvements would also feature reduced mass and scale, which would be more compatible with the surrounding area. Goal LU-4: Complete Communities. Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.2: Public Realm: Maintain and improve the public realm through quality architecture, street trees, landscaping, and other pedestrian -friendly amenities. The project is consistent with these General Plan Land Use Element goals and policies, which support sustainable improvements to the built environment, maintain, and improve public spaces through quality architecture, street trees, landscaping, and other pedestrian -friendly amenities. As the ownership of the properties would redevelop the site by providing high -quality development and extensive landscaping along West Lake Center Drive, culminating in a passive park for the community and visitors to the nearby field or church. These improvements would improve the public realm, include pedestrian friendly amenities and support the built out environment. Urban Design (UD) Element Goal UD-1: Physical Character. Improve the physical character and livability of the City to promote a sense of place, positive community image, and quality environment. City Council 28 — 384 Ordinance N8/.&W2WXX Page 21 of 22 Policy UD-1.1: Design Quality: Ensure all developments feature high quality design, materials, finishes, and construction. Policy UD-1.5: Attractive Public Spaces. Encourage community interaction through the development and enhancement of plazas, open space, people places, and pedestrian connections with the public realm. The project is consistent with these General Plan Urban Design Element goals and policies as the goal for the site would be to develop with high -quality industrial buildings that would feature high -quality materials and finishes that would improve the physical character of the area. Additionally, the proposed passive park would create a space for community interaction and encourage community interaction and pedestrian connection to the public realm. Economic Prosperity (EP) Element Goal EP-I.Job Creation and Retention: Foster a dynamic local economy that provides and creates employment opportunities for all residents in the city. Policy EP-1.1. Protect Industrial. Protect industrial uses that provide quality job opportunities, including middle -income jobs; provide for secondary employment and supporting uses, and maintain areas where smaller emerging industrial uses can locate in a multitenant setting. Policy EP-1.2: Attract Business: Promote new and retain existing job -producing businesses that provide living -wage employment opportunities. The project is consistent with these General Plan Economic Prosperity Element goals and policies, as the request would allow the ownership to transition from a land use that is not attracting businesses or jobs to one that would, thereby benefiting the city's economic prosperity. Furthermore, the request would reintroduce industrial land uses to a site previously rezoned to accommodate only office or commercial uses, which would support industrial land uses Citywide that would provide for employment opportunity. City Council 28 — 385 Ordinance N8/WW2WXX Page 22 of 22 6/12/24, 6:14 PM ZOA-2024-01 for South Coast Technology Center _ 3100, 3110, 3120, 3130, 3400 West Lake Center Drive Ri -!WN ro I D ran � ' 0 M �1 f M1 011 U ' 171 •r,r M-1 G Bing Map Label �v: j Santa Ana Boundary L _ 43 -- G # ° R4 ■Zoning N12. +11: ZonedeI .General Agnnkural - im { q { 0 rf V`q 1 � Communay Commercial 1. CommanityCemmeraal-rsuseamDistrirt p .j 14 General Commercial i I' 1 w ■ Planned Shopping Center Arcenal Comm -cal j �I ,j{ ■ Commercial Residential r 'I r°n�( )—u 0— �I— Scuth ma n Street Commercial District .{ -, ,- ~' - Government Center 1 - FA I1,11° r+{e'i �. 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Segerstrom & Sons From: Pei -Ming Chou, Michael Baker International Vicky Rosen, Michael Baker International John Bellas, Michael Baker International The City of Santa Ana (City) has received a project application for the proposed South Coast Technology Center Project (Project), located at 3100, 3110, and 3120 Lake Center Drive, Santa Ana, Orange County, California (Assessor's Parcel Numbers [APN] 414-261-01, 414-272-09, 414-272-10). As documented herein, the proposed Project qualifies for a statutory exemption pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183 (California Public Resources Code 21083.3). 1. Project Background On April 19, 2022, the Santa Ana City Council adopted the Golden City Beyond (General Plan Update) and certified the Santa Ana General Plan Update Final Recirculated Program Environmental Impact Report (GPU PEIR), dated October 2021. The General Plan Update provides long-term policy direction to guide the physical development, quality of life, economic health, and sustainability of the City through 2045. The General Plan Update consists of the following 12 elements: Community, Economic Prosperity, Mobility, Public Services, Conservation, Noise, Open Space, Safety, Land Use, Historic Preservation, Housing, and Urban Design. According to the GPU PEIR, the full buildout of the General Plan Update (year 2045) would result in a net increase of 96,855 persons, 36,261 housing units, 5,849,220 square footage of nonresidential building space, and 11,436 jobs as compared to existing conditions in 2019. The GPU PEIR is a program EIR pursuant to Section 15168 of the CEQA Guidelines, providing a level of analysis consistent with the high-level nature of the General Plan Update. The programmatic environmental document may be used to eliminate or reduce the scope of future environmental review for individual projects that are consistent with the General Plan Update pursuant to CEQA Guidelines Section 21083.3 and other streamlining provisions authorized by CEQA. Later projects implemented after the General Plan Update are examined with consideration of the GPU PEIR to determine whether subsequent environmental analysis or documentation must be prepared. In addition, the CEQA Guidelines currently provide for streamlining through Section 15183, Projects Consistent with a Community Plan or Zoning. CEQA Guidelines Section 15183 provides an exemption for projects that are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified. Specifically, as set forth in CEQA Guidelines Section 15183(d), the 15183 exemption applies to projects which meet the following conditions: City Council 28 — 414 8/6/2024 South Coast Technology Center Project CEQA Exemption 15183 (1) The project is consistent with: (A) A community plan adopted as part of a general plan, (8) A zoning action which zoned or designated the parcel on which the project would be located to accommodate a particular density of development, or (C) A general plan of a local agency, and (2) An EIR was certified by the lead agency for the zoning action, the community plan, or the general plan. Further, as set forth in CEQA Guidelines Section 15183(e), the 15183 exemption applies when all feasible mitigation measures identified in the applicable certified EIR are implemented by the public agency with jurisdiction to require such mitigation measures. CEQA Guidelines Sections 15183(a) through 15183(c) describe the limitations on environmental review and the examination of environmental effects for projects that qualify for an exemption pursuant to CEQA Guidelines Section 15183. These sections state: (a) CEQA mandates that projects which are consistent with the development density established by existing zoning, community plan, or general plan policies for which an EIR was certified shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. This streamlines the review of such projects and reduces the need to prepare repetitive environmental studies. (b) In approving a project meeting the requirements of this section, a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: (1) Are peculiar to the project or the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR. (c) If an impact is not peculiar to the parcel or to the project, has been addressed as a significant effect in the prior EIR, or can be substantially mitigated by the imposition of uniformly applied development policies or standards, as contemplated by subdivision (e) below, then an additional EIR need not be prepared for the project solely on the basis of that impact. As demonstrated throughout this memorandum, the Project would qualify for an exemption from CEQA as a project consistent with a community plan or zoning under CEQA Guidelines Section 15183. In this case, the general plan is the City's General Plan Update for which the corresponding GPU PER was certified. This memorandum provides the limited examination of environmental effects for the Project pursuant to CEQA Guidelines Section 15183(b), evaluating whether there are impacts that are peculiar to the Project or the Project Site, impacts not analyzed as significant effects in the GPU PER, potentially significant off -site or cumulative impacts not July i y Council 28 — 415 8/6/20 ge 2 South Coast Technology Center Project CEQA Exemption 15183 evaluated in the GPU PEIR, or previously identified significant effects that are determined to have a more severe adverse impact than discussed in the GPU PEIR. 2. Project Description 2.1 Project Location The City of Santa Ana is located in central Orange County, generally north of the San Diego Freeway (Interstate 405 [1-405]), south of the Garden Grove Freeway (State Route 22 [SR-22]), and west of the Costa Mesa Freeway (SR-55) and Interstate 5 (1-5). The City is approximately 30 miles southeast of downtown Los Angeles; refer to Figure 1, Regional Vicinitv. Santa Ana is surrounded by the cities of Orange and Garden Grove to the north, Tustin to the east, Costa Mesa and Irvine to the south, and Fountain Valley and Westminster to the west. The generally north - south trending Santa Ana River traverses the western portion of the City. The Project is located at 3100, 3110, and 3120 Lake Center Drive within the southwestern portion of Santa Ana on three land parcels (Assessor's Parcel Numbers [APN] 414-261-01, 414-272-09, and 414-272-10) that comprise approximately 15.8 net acres (Project Site) on the south side of Lake Center Drive in both the southeast and southwest corners of the intersection with Susan Street; refer to Figure 2, Site Vicinitv. Regional access to the Project Site is provided via 1-405. Local access to the Project Site is provided via MacArthur Boulevard and Susan Street. 2.2 Existing Conditions The Project Site is located in a highly developed and urbanized area of Santa Ana. The Project Site consists of an existing 10.2-acre office park, the Lake Center Office Park, and an approximately 5.6-acre vacant field to the west of and separated from the office park by the north - south South Susan Street. As shown in Figure 2, the Lake Center Office Park is located on the eastern portion of the Project Site and contains three existing office buildings arranged in a rough U-shape around an artificial pond with fountain features, surface parking, a parking structure, a grass lawn, and landscaping. The western three-story building is approximately 60,634 square feet and fully vacant; the central three-story building is approximately 56,930 square feet and is leased to United Health Services but has been unoccupied since the onset of the COVID-19 pandemic in 2020. The eastern six -story building is approximately 60,462 square feet, and the ground floor is leased to and occupied by OC 405 Partners Joint Venture, but will be vacant as of June 30, 2024.' Surface parking is located east and west of the buildings and a partially underground parking structure is located south of the buildings. The grass lawn runs south and west of the surface parking lot along Susan Street. Ornamental trees and landscaping are located throughout the office park along building perimeters and parking areas. The western portion of the Site, west of South Susan Street, is a vacant field. The field is fenced. Although the buildings are predominantly vacant at this time, this document analyzes an occupied baseline since the buildings were previously occupied and operational for the vast majority of the time. Furthermore, the property owner has the ability to lease, occupy and/or operate the currently underutilized spaces at any time under the current entitlements. July i y Council 28 — 416 8/6/20 ge 3 South Coast Technology Center Project CEQA Exemption 15183 This page is intentionally left blank. July i y Council 28 — 417 8/6/20 ge 4 10 S AN G E L E S COUNTY (- 1 ff.1H LaBreaabra ._ )Cypress \ KATELLA AVE. rr ' Los p CHAPMAN AVE. Alamitos m Garden ' U w Grove Seal m WARNER AVE. Beach Yorba a-- Linda ,(OR BA LINDA BLVD. Fullerton Anaheim Orange Villa Park 0 e Tustin 41 m Santa a Ana o EDINGER AVE. 9G tiF Irvine I , 1 Anaheim % Hills m o � o , i \c� � , r 2 � yo ORANGE �% SaNri go COUNTY a� \ 1 o ' 9Ny Io� 1 rr A. Beach Costa , / e° ores Huntington Mesa/ I Forks PROJECT SITE Newport Beach CORK n Laguna Beach 1 9 Mission X Viejo to 1� Laguna 1 a Niguel z I_ z ID 0� IN San Juan 1 , U I Capistrano �o w A a Dana Point ' i San Clemente ; h SOUTH COASTTECHNOLOGY CENTER PROJECT NOTTOSCALE Reai�ftinity N T E R N A T M 'noun ail za iNiss ss Y Figure 1 This page is intentionally left blank. City Council 28 — 419 8/6/2024 U w_ yr O ❑C w Z w U OCD ■� J O Z S U w O U S S O C/i p u a z w z N N d L 7 ch LL This page is intentionally left blank. City Council 28 — 421 8/6/2024 South Coast Technology Center Project CEQA Exemption 15183 Surrounding uses adjacent to the Project Site include office, commercial, government, and recreational uses. To the north of the Project Site, across from West Lake Center Drive, is the Calvary Chapel Private School Program support facility and athletic fields. Surface parking, a parking structure, and the Greenville Banning Channel bound the Project Site to the east. To the south of the Project Site are office buildings, surface parking lots, and a U.S. Postal Service facility. Freight rail tracks bound the Project Site to the west. 2.3 General Plan Designation and Zoning According to the General Plan Update Land Use Element Figure LU-1, Land Use Map, the Project Site is designated Industrial (IND).2 The Industrial designation provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities. According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the Industrial designation generally allows a maximum 0.45 floor -area -ratio (FAR) with a typical maximum building height of 35 feet. However, Table LU-3 provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58), that allows intensities up to 0.72 FAR (see Footnote 4 of General Plan Update Land Use Element Table LU-3). Similarly, regarding height, Table LU-3 Footnote 2 explains that the actual maximum standard allowed on each site may be different than listed in Table LU-3 and that the allowable height of development on any parcel is subject to the zoning standards. Based on the City of Santa Ana Zoning Map (Zoning Map), the Project Site is zoned SD-58. According to Ordinance No. NS-2089, permitted uses in the SD-58 District are professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar use. The SD-58 District also allows commercial/retail uses, including service commercial uses such as daycare centers, banks and other financial institution, delicatessens, food stores, newsstands, automobile support facilities, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, postal centers, restaurants, travel services, and other similar uses. The SD-58 District permits a maximum FAR of 0.72 and a maximum height of 200 feet for the Project Site. 2.4 Project Characteristics The Project proposes to demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. The three existing buildings within the Lake Center Office Park that would be demolished are located on the eastern portion of the Project Site and total 178,026 square feet. The total site area of 689,310 square feet (15.8 net acres) across the Project Site would be divided into two lot areas containing three buildings. Two new buildings (Buildings 2 and 3) would be constructed to replace the Lake Center Office Park and one new building (Building 1) would be constructed on the vacant field to the west of Susan Street; refer to Figure 3, Conceptual Site Plan. The three proposed Class A buildings would result in a total building square footage of 313,244 square feet. Each building would have a truck dock and a potential mezzanine located opposite the truck dock. A total of 497 parking stalls would be provided for the Project. The characteristics of each building are as follows: 2 City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU-1, Land Use Map, April 2022. July I y Council 28 — 422 8/6/20 ge 9 South Coast Technology Center Project CEQA Exemption 15183 This page is intentionally left blank. July i y Council 28 — 423 8/6/202 e 10 r P N { r, J. IS Nvsns s U CD/cc 1. LU w, w W ~ }I This page is intentionally left blank. City Council 28 — 425 8/6/2024 South Coast Technology Center Project CEQA Exemption 15183 Centrally located on the parcel west of Susan Street, Building 1 would consist of a 58,615- square-foot tenant space and a 53,615 tenant space, for a total building square footage of 112,230 square feet on a 243,212-square-foot lot area (5.6 net acres). Building 1 would provide 164 parking spaces located around the perimeter of the building. Additionally, Building 1 would have 1,210 square feet of outdoor covered patio area and 36,832 square feet of landscaping. A loading dock with nine dock high doors and two grade doors would be located on the western side of the building, facing the existing railroad. Building 1 would have a maximum exterior height of 48 feet and 4 inches. Building 2 would be centrally located on the Project Site to the east of Susan Street and would consist of two 60,823-square-foot tenant spaces, for a total building square footage of 121,645 square feet on a 446,098-square-foot lot (10.2 net acres) shared with Building 3. Building 2 would provide 178 parking spaces located around the perimeter of the building. Additionally, Building 2 would have 707 square feet of outdoor covered patio area and 31,707 square feet of landscaping. A loading dock with 11 dock high doors and two grade doors would be located on the southern side of the building. Building 2 would have a maximum exterior height of 48 feet and 4 inches. Building 3 would be located in the eastern portion Project Site. The 79,369-square-foot building would be located on a 446,098-square-foot lot area shared with Building 2, with 155 parking spaces located on the west, south, and east sides of the building. The north side of the building would feature a prominent landscaped entrance to the South Coast Technology Center with benches and seating. Building 3 would have 895 square feet of outdoor covered patio area and 36,596 square feet of landscaping. A loading dock with seven dock high doors and one grade door would be located on the southern side of the building. Building 3 would have a maximum exterior height of 44 feet and 5 inches. Ancillary improvements to the Project Site would include landscaping, monument signage, lighting, and fencing. The proposed Project would include 27 short term bike parking spaces and 27 long term bike parking spaces near building entrances. The Project Site would be accessible from four driveways along Lake Center Drive and three driveways along South Susan Street. Trucks would access the Project Site via the proposed driveway entrances along Lake Center Drive at the northwest corner of the Project Site and between Building 2 and Building 3, and along Susan Street near the southwest corner of Building 2. All other driveways would be used for passenger vehicles. Internal drive aisles would provide access to the proposed buildings. Additionally, the proposed Project would require connections to existing pipelines for water, sewer, and storm drains within Lake Center Drive and Susan Street. The proposed Project would comply with the latest California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The latest California Building Energy Efficiency Standards and CALGreen became effective on January 1, 2023 (i.e., 2022 Title 24). The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. To further maximize energy efficiencies, the proposed Project would exceed the 2022 Title 24 by approximately 10 percent. The proposed Project would accomplish this through installing high efficiency HVAC units, using better building envelope insulation and glazing, installing high efficiency LED lighting, and designing lighting power density to be a minimum of 10 percent better than the baseline lighting power density of the existing buildings. The proposed Project would also install solar -ready roofs for each building. July i y Council 28 — 426 8/6/202 e 13 South Coast Technology Center Project CEQA Exemption 15183 2.4.1 Entitlements To allow the use of the proposed buildings, the Project proposes to amend SD-58 to allow for industrial uses. Specifically, SD-58 would be amended to allow for the use of Limited Light Industrial uses, consistent with the General Plan Update. The development standards would be updated to include standards for perimeter fencing and revised parking standards to remove reference to specific numbers. Operational standards would also be included for Limited Light Industrial uses. Minor changes to SD-58 are also included to reflect emerging best practices and provide flexibility for future development projects within the district. Additionally, the proposed Project would require a lot merger and site and development plan approval. 2.4.2 Project Construction Construction of the proposed Project is anticipated to take approximately 16 months to complete. The construction activities would include demolition, excavation, grading, building construction, paving, and architectural coating. The majority of the excavation for the proposed buildings would require over -excavation for the building pads at a depth of approximately 5 to 8 feet. The spoils from the over -excavation would be recompacted in the pad areas. Trenches for utility connections would require a maximum excavation depth of 14 feet. In total, it is anticipated that the proposed Project would excavate approximately 18,600 cubic yards of soils, of which a maximum of 7,235 cubic yards would be exported. Construction activities would comply with the City's Noise Ordinance, Santa Ana Municipal Code (SAMC) Section 18-314(e) and occur only Monday through Saturday between 7:00 a.m. and 8:00 p.m. Construction equipment and materials staging would occur within the Project Site. During construction, vehicular access would be provided via existing access points along Lake Center Drive and South Susan Street. Temporary partial lane closures of Susan Street and Lake Center Drive would be required for utilities connections to resurface the streets; during the resurfacing, access would be maintained. Full lane closures are not anticipated for the proposed Project. July i y Council 28 — 427 8/6/202 e 14 South Coast Technology Center Project CEQA Exemption 15183 3. California Environmental Quality Act Regulatory Setting CEQA applies to proposed projects initiated by, funded by, or requiring discretionary approvals from state or local government agencies. CEQA applies generally to discretionary actions by agencies which may have a significant effect on the environment. However, where it can be seen with certainty that there is no possibility that an activity may have a significant effect on the environment, or if the activity meets the conditions for a CEQA exemption, it is considered exempt from the provisions of CEQA. CEQA Guidelines Section 15183 provides an exemption for projects that are consistent with the densities established by existing zoning, community plan, or general plan policies for which an El R was certified. Additional environmental review of such projects shall not be required, except as might be necessary to examine whether there are project -specific significant effects which are peculiar to the project or its site. Projects that are consistent with the densities and use characteristics considered by the GPU PER may qualify for the CEQA Guidelines Section 15183 Exemption process. In accordance with CEQA Guidelines Section 15183(b), in approving a project meeting the requirements of Section 15183, "a public agency shall limit its examination of environmental effects to those which the agency determines, in an initial study or other analysis: (1) Are peculiar to the projector the parcel on which the project would be located, (2) Were not analyzed as significant effects in a prior EIR on the zoning action, general plan, or community plan, with which the project is consistent, (3) Are potentially significant off -site impacts and cumulative impacts which were not discussed in the prior EIR prepared for the general plan, community plan or zoning action, or (4) Are previously identified significant effects which, as a result of substantial new information which was not known at the time the EIR was certified, are determined to have a more severe adverse impact than discussed in the prior EIR." The environmental review contained in Section 4 has been prepared to assess the potential for the proposed Project to result in such environmental effects and whether the proposed Project qualifies for an exemption under CEQA Guidelines Section 15183. The previously certified GPU PER serves as the primary environmental compliance document for the Project, and the text, standards conditions, and applicable mitigation measures are incorporated by reference. The GPU PER (State Clearinghouse #2020029087) is available to the public for inspection at the City of Santa Ana, City Hall, during normal business hours. July i y Council 28 — 428 8/6/202 e 15 South Coast Technology Center Project CEQA Exemption 15183 4. Environmental Review This section includes an assessment, by issue area, of the proposed Project's potential effects on the environment. 4.1 Aesthetics 4.1.1 GPU PEIR Findings The GPU PEIR concluded that while buildout of the General Plan Update would result in greater density and intensity in five focus areas, it would not create a substantially adverse impact on scenic vistas nor degrade the City's visual character or quality. As stated in the GPU PEIR, because the City is highly urbanized, buildout in accordance with the GPU would consist mainly of infill and redevelopment efforts. Additionally, the GPU PEIR determined that the visual character of historic districts and scenic corridors within the City would not be substantially impacted. As stated in the GPU PEIR, development would be required to comply with the design and development specifications outlined in the updated land use and urban design elements. The aesthetic quality of development within the City would be guided by the SAMC and the seven existing specific plan/special zoning areas. Further, the GPU PEIR determined that by complying with the building codes, nighttime lighting and glare impacts and potential spillover caused by the full buildout of the General Plan Update would be minimized and impacts would be less than significant. Lastly, there are no state -designated scenic highways in Santa Ana, and thus, no impact would occur related to state scenic highways. The GPU PEIR determined that aesthetics impacts would be minimized with the implementation of GPU PEIR Regulatory Requirements (RR) AE-1 through RR AE-3. RR AE-1 would require the City to enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 would require the City to enforce development standards and other general provisions as detailed in the Zoning Code (SAMC Chapter 41, Zoning) to ensure consistency between the General Plan and proposed development projects. RR AE-3 would require the City to enforce the development standards and guidelines of adopted specific plans. Overall, impacts related to aesthetics were determined to be less than significant. 4.1.2 Project Analysis The Project Site is located within a highly urbanized area in the southwestern portion of Santa Ana, and is not located within one of the five focus areas, a historic district, or near a scenic corridor. Additionally, no long range public views are available from or through the Project Site. The Project Site is currently developed with an existing 10.2-acre office park east of Susan Street and also consists of an approximately 5.6-acre vacant field west of Susan Street. Thus, the proposed Project would redevelop an infill site, consistent with the buildout of the General Plan Update, and would not impact a scenic vista. The Project Site is not located within a state -designated scenic highway and there are no designated or eligible scenic highways within 5 miles of the Project Site.3 Therefore, the proposed Project would not have a substantial adverse effect on a scenic vista, or damage scenic resources within a state -designated scenic highway. California Department of Transportation, California State Scenic Highway System Map, https://caltrans. maps.arcgis.com/apes/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa, accessed April 25, 2024. July I y Council 28 — 429 8/6/202 e 16 South Coast Technology Center Project CEQA Exemption 15183 The Project would redevelop the Lake Center Office Park with two new industrial buildings and would construct a new industrial building on the vacant parcel west of Susan Street. The proposed Project would include accent walls, high quality landscaping, and monument signage at the primary entryways to the Project Site that would add visual interest to the site. Although the proposed Project would require an amendment to the SD-58 District to allow for industrial uses, the Project Site's zoning would be consistent with the General Plan Update land use designation of Industrial. The Project would be required to comply with updated development standards governing aesthetics for the SD-58 District, which include building heights, setbacks, separations, landscaping standards, and signage. Other than the addition of development standards for perimeter fencing and parking, the development standards for the SD-58 District remain essentially unchanged with the proposed SD-58 amendment. Additionally, no change in density or building height is proposed for SD-58. The proposed buildings would be consistent with or shorter than the heights of the existing buildings. Furthermore, the proposed Project would comply with RR AE-1 through RR AE-3. Therefore, the Project would not degrade the existing visual character of the Project Site or conflict with applicable zoning or other regulations governing scenic quality. Additionally, the proposed Project would comply with existing outdoor lighting standards for nonresidential buildings in SAMC Section 8-211, Special commercial building provisions, which require lighting to be contained on -site. Proposed nighttime lighting on -site for the outdoor areas would be limited to security, parking, and accent lighting. Therefore, the Project would not create a new source of substantial light or glare that would adversely affect day or nighttime views. Based on the above, impacts related to aesthetics would be less than significant and similar to the impacts identified in the GPU PEIR. The Project would not result in new or substantially more severe impacts compared to the determination in the GPU PEIR, which concluded that impacts would be less than significant. As such, no new project -specific mitigation measures are required. 4.1.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR AE-1 through RR AE-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe aesthetic impacts than anticipated by the GPU PEIR. 4.1.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR AE-1 The City shall enforce adherence with the California Building Code, including provisions of the Building Energy Efficiency Standards related to lighting. RR AE-2 The City shall enforce development standards and other general provisions as detailed in the Zoning Code (Chapter 41 of the Municipal Code) to ensure consistency between the City's General Plan and proposed development projects. This includes compliance with the requirements of any ordinance adopting specific development plans. RR AE-3 The City shall enforce the development standards and design guidelines of adopted specific plans. In addition to these specific plans, the City will enforce the development standards of the Metro East Mixed -Use Overlay Zone for each district within the overlay area. July i y Council 28 — 430 8/6/202 e 17 South Coast Technology Center Project CEQA Exemption 15183 4.2 Agriculture and Forestry Resources 4.2.1 GPU PER Findings As stated in the GPU PEIR, most of the City is urbanized and developed. The City does not have any land designated or zoned for agricultural use, forestland, timberland, or timberland production. Additionally, the City does not have any land subject to a Williamson Act contract. Therefore, no impact to agricultural and forestry resources would occur with buildout of the General Plan Update. 4.2.2 Project Analysis The Project Site comprises an existing 10.2-acre office park that is fully developed with buildings, an artificial pond, and parking, and an approximately 5.6-acre vacant field. The vacant field does not contain any agricultural, forestland, or timberland uses. The Project Site is zoned SD-58, which allows for professional and business office and commercial/retail uses. The Project proposes to amend SD-58 to allow for industrial uses. The Project does not involve any land use changes related to agriculture, forest land, or timberland production. Furthermore, the Project Site and surrounding area are not designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, and do not include lands that qualify as forest land or timberland.4 Therefore, similar to the GPU PER conclusion, no impact to agricultural and forestry resources would occur as a result of the Project. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determination in the GPU PER, and no new project -specific mitigation measures are required. 4.2.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to agriculture and forestry resources than anticipated by the GPU PEIR. 4.2.4 Applicable GPU PER Regulatory Requirements/Mitigation Measures No GPU PER regulatory requirements or mitigation measures apply. 4.3 Air Quality 4.3.1 GPU PER Findings The GPU PER analyzed the General Plan Update's consistency with South Coast Air Quality Management District's (SCAQMD) 2016 Air Quality Management Plan (AQMP), which was the latest AQMP when the GPU PER was prepared. The GPU PER concluded that buildout of the General Plan Update would exceed population estimates for the City, and therefore the emissions associated with the additional population are not included in the regional emissions inventory for the South Coast Air Basin (Basin). Additionally, air pollutant emissions associated with buildout of the General Plan Update would cumulatively contribute to the nonattainment designations in the Basin. Therefore, overall, the GPU would be inconsistent with the AQMP. Even with GPU PER Mitigation Measures (MM) AQ-1 and MM AQ-2, requiring the preparation of a project - specific technical assessment of construction and operational -related air quality impacts, and a California Department of Conservation, California Important Farmland Finder, https:Hmaps.conservation.ca.gov/ DLRP/CIFF/, accessed February 27, 2024. July I y Council 28 — 431 8/6/202 e 18 South Coast Technology Center Project CEQA Exemption 15183 policies in the General Plan Update, the GPU PEIR concluded that future development pursuant to the General Plan Update would result in significant and unavoidable impacts regarding consistency with SCAQMD's 2016 AQMP. Regarding impacts related to a cumulatively considerable net increase of criteria pollutants, the GPU PEIR acknowledged that construction activities associated with the General Plan Update would temporarily increase particulate matter (i.e., PM,o and PM2.5), volatile organic compounds (VOC), nitric oxides (NOx), sulfur oxides (SOx), and carbon monoxide (CO) regional emissions within the Basin. The GPU EIR also acknowledged that individual projects accommodated under the General Plan Update may not exceed the SCAQMD regional significance thresholds, but because site -specific development project information was not available at the time of the preparation of the GPU PEIR, and projects under the GPU PEIR could be constructed at the same time, impacts related to construction -related emissions that would cumulatively contribute to nonattainment designations of the Basin would be significant even with the implementation of GPU PEIR MM AQ-1. Similarly, the GPU PEIR concluded that buildout in accordance with the General Plan Update would generate long-term emissions that would exceed SCAQMD's regional significance thresholds for VOC, NOx, and CO, which would cumulatively contribute to the nonattainment designations of the Basin. GPU PEIR MM AQ-2, in addition to the goals and policies of the General Plan Update, would reduce air pollutant emissions to the extent feasible, but impacts would remain significant and unavoidable due to the magnitude of the overall land use development associated with the General Plan Update. Regarding sensitive receptors, the GPU PEIR concluded that buildout of the General Plan Update, including industrial and warehousing land uses, could expose sensitive receptors to substantial concentrations of toxic air contaminants (TACs). While individual projects could result in TAC emissions under the project -level risk threshold of 10 per million, they would nonetheless contribute to the higher levels of risk in the Basin. GPU PEIR MM AQ-3, requiring a project -specific health risk assessment (HRA) for new industrial or warehousing developments, would be required to ensure mobile sources of TACs not covered under SCAQMD permits are considered during subsequent project -level environmental review by the City. Additionally, GPU PEIR MM AQ-1 and MM AQ-2 would reduce the regional construction and operation emissions associated with buildout of the General Plan Update, and therefore also result in a reduction of localized construction- and operation -related criteria air pollutant emissions to the extent feasible. However, implementation of the General Plan Update would generate TACs that could contribute to elevated levels in the Basin, and because existing sensitive receptors may be close to project - related construction activities and large emitters of on -site operation -related criteria air pollutant emissions, construction and operation emissions generated by individual development projects have the potential to exceed SCAQMD's Localized Significance Thresholds (LSTs). Thus, the GPU PEIR concluded that the General Plan Update's cumulative contribution to health risk and localized impact would remain significant and unavoidable. However, because buildout of the General Plan Update would not result in the increase in traffic volume required to generate a CO hotspot, impacts related to CO hotspots would be less than significant. Regarding odors, the GPU PEIR determined that industrial land uses have the potential to generate objectionable odors, and that GPU PEIR MM AQ-4 would ensure that odor impacts are minimized, and that facilities would comply with SCAQMD Rule 402. The GPU PEIR stated that the Industrial and Industrial Flex land uses proposed under the General Plan Update are not anticipated to produce odors since the General Plan Update assumes that the odor -producing industrial land uses such as wastewater treatment 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 manufacturing plants, chemical July i y Council 28 — 432 8/6/202 e 19 South Coast Technology Center Project CEQA Exemption 15183 manufacturing, and food manufacturing facilities would not be permitted. Therefore, the GPU PEIR concluded that odor impacts would be less than significant. 4.3.2 Project Analysis The following section evaluates potential short- and long-term air quality impacts that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment A, Air Quality Assessment, and Attachment B, Health Risk Assessment. The Air Quality Assessment and Health RiskAssessmentwere prepared to fulfill the requirements of GPU PEIR MM AQ-1, MM AQ-2, and MM AQ-3. CONSISTENCY WITH APPLICABLE AIR QUALITY PLAN On December 2, 2022, the SCAQMD Governing Board adopted the 2022 AQMP. The 2022 AQMP incorporates the latest scientific and technical information and planning assumptions, including the latest applicable growth assumptions, updated emission inventory methodologies for various source categories. Additionally, the 2022 AQMP utilized information and data from the South Coast Association of Governments (SCAG) and its 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). While SCAG has recently adopted Connect SoCal2024 (i.e., the 2024-2050 RTP/SCS), SCAQMD has not released an updated AQMP based off of the 2024-2050 RTP/SCS growth projections. As such, this consistency analysis is based off the 2022 AQM P and the RTP/SCS that was adopted at the time, the 2020-2045 RTP/SCS. According to the SCAQMD's CEQA Air Quality Handbook, projects must be analyzed for consistency with two main criteria, as discussed below. Criterion 1: With respect to the first criterion, SCAQMD methodologies require that an air quality analysis for a project include forecasts of project emissions in relation to contributing to air quality violations and delay of attainment. i) Would the project result in an increase in the frequency or severity of existing air quality violations? Since the consistency criteria identified under the first criterion pertain to pollutant concentrations, rather than to total regional emissions, an analysis of a project's pollutant emissions relative to localized pollutant concentrations associated with the California Ambient Air Quality Standards (CAAQS) and National Ambient Air Quality Standards (NAAQS) is used as the basis for evaluating project consistency. As detailed below under the Criteria Air Pollutants subsection, localized concentrations of CO, NOx, PM,o, and PM2.5 would be less than significant during Project construction and operations. Therefore, the proposed Project would not result in an increase in the frequency or severity of existing air quality violations. ii) Would the project cause or contribute to new air quality violations? As discussed below under the Criteria Air Pollutants subsection, the proposed Project would result in emissions that are below the SCAQMD thresholds. Therefore, the Project would not have the potential to cause or affect a violation of the ambient air quality standards. July i y Council 28 — 433 8/6/202 e 20 South Coast Technology Center Project CEQA Exemption 15183 iii) Would the project delay timely attainment of air quality standards or the interim emissions reductions specified in the AQMP? The proposed Project would result in less than significant impacts regarding localized concentrations during Project construction and operations; refer to the Localized Pollutants and Sensitive Receptors subsection below. As such, the Project would not delay the timely attainment of air quality standards or 2022 AQMP emissions reductions. Criterion 2: With respect to the second criterion for determining consistency with SCAQMD and SCAG air quality policies, it is important to recognize that air quality planning within the Basin focuses on attainment of ambient air quality standards at the earliest feasible date. Projections for achieving air quality goals are based on assumptions regarding population, housing, and growth trends. Thus, the SCAQMD's second criterion for determining project consistency focuses on whether the proposed Project exceeds the assumptions utilized in preparing the forecasts presented in the 2022 AQMP. Determining whether a project exceeds the assumptions reflected in the 2022 AQMP involves the evaluation of the three criteria outlined below. The following discussion provides an analysis of each of these criteria. i) Would the project be consistent with the population, housing, and employment growth projections utilized in the preparation of the AQMP? A project is consistent with the 2022 AQMP, in part, if it is consistent with the population, housing, and employment assumptions that were used in the development of the 2022 AQMP. In the case of the 2022 AQMP, three sources of data form the basis for the projections of air pollutant emissions: general plans, SCAG's regional growth forecast, and SCAG's 2020-2045 RTP/SCS. The 2020-2045 RTP/SCS also provides socioeconomic forecast projections of regional population growth. The Project Site is designated Industrial and zoned SD-58. The Industrial land use designation provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities; permitted uses in the SD-58 zoning district include professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar uses. The Project proposes the construction of three new Class A industrial buildings for office, manufacturing, and/or warehouse use. As such, the Project would be consistent with the land use projections previously envisioned for this site. Furthermore, the Project is anticipated to generate approximately 425 employees, which would be a nominal amount of employment increase compared to the growth identified in the GPU PEIR, which is an increase of 13,418 jobs between 2019 and 2045.5 As such, the proposed Project is considered consistent with the General Plan Update, and is consistent with the types, intensity, and patterns of land use previously envisioned for the site. The population, housing, and employment forecasts, which are adopted by SCAG's Regional Council, are based on the local plans and policies applicable to the City. As the SCAQMD has incorporated these same projections into the s City of Santa Ana, General Plan Update Program Environmental Impact Report, Table 5.13-7, Population and Employment Projections for Santa Ana and Orange County, October 2021. July I y Council 28 — 434 8/6/202 e 21 South Coast Technology Center Project CEQA Exemption 15183 2022 AQMP, it can be concluded that the proposed Project would be consistent with the 2022 AQMP. ii) Would the project implement all feasible air quality mitigation measures? The proposed Project would be required to comply with GPU PEIR RR AQ-1 through RR AQ-3, which include applicable emission reduction measures identified by the SCAQMD such as Rule 403 that requires control of excessive fugitive dust emissions by regular watering or other dust prevention measures, and Rule 1113 that regulates the reactive organic gas (ROG) content of paint. In addition, the Project would implement GPU PEIR MM AQ-1 and MM AQ-2, which require the preparation and submittal of a technical assessment that evaluates the project's potential construction and operational -related air quality impacts. The Air Quality Assessment (refer to Attachment A) was prepared to fulfill the requirements of GPU PEIR MM AQ-1 and MM AQ-2. As such, the proposed Project meets this AQMP consistency criterion. iii) Would the project be consistent with the land use planning strategies set forth in the AQMP? Land use planning strategies set forth in the 2022 AQMP are primarily based on the 2020- 2045 RTP/SCS. Overall, it is anticipated that the proposed Project would be consistent with SCAG's 2020-2045 RTP/SCS in that it would be located in a highly developed and urbanized area of Santa Ana with multiple bus stops within a quarter mile and would provide short- and long-term bike parking, both of which would incentivize employees to take alternative modes of travel, thereby reducing criteria pollutant emissions. Therefore, the Project would be consistent with the land use planning strategies and would be consistent with this criterion. Impact Summary In conclusion, the determination of 2022 AQMP consistency is primarily concerned with the long- term influence of a project on air quality in the Basin. The proposed Project would not result in a long-term impact on the region's ability to meet state and federal air quality standards. Further, the proposed Project's long-term influence on air quality in the Basin would also be consistent with the SCAQMD and SCAG's goals and policies and is considered consistent with the 2022 AQMP. As such, impacts resulting from the proposed Project would be less than significant and less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project -specific mitigation measures are required. CRITERIA AIR POLLUTANTS Construction Impacts The Project proposes to demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. Construction would result in fugitive dust emissions, exhaust emissions from construction equipment and worker vehicles, emissions from the application of coatings (i.e., ROG emissions). Construction activities would comply with SCAQMD Rule 402, which prohibits fugitive dust from creating a nuisance off -site, Rule 403, which requires that excessive fugitive dust emissions be controlled by regular watering or other dust prevention measures, and Rule 1113, which provides specifications on painting practices as well as regulates the ROG content of paint (refer to RR AQ-3). Additionally, the proposed Project July i y Council 28 — 435 8/6/202 e 22 South Coast Technology Center Project CEQA Exemption 15183 would comply with RR AQ-2 to limit idling of construction equipment to less than five minutes. The analysis of construction criteria pollutant emissions has been prepared utilizing the California Emissions Estimator Model (CaIEEMod) version 2022.1.E Table 4.3-1, Construction Criteria Pollutant Emissions, summarizes the estimated maximum daily emissions of VOC (ROG), NOx, CO, S02, PM1o, and PM2.5. As shown in Table 4.3-1, the daily total construction emissions would not exceed established SCAQMD thresholds. Therefore, impacts would be less than significant. Table 4.3-1 Construction Criteria Pollutant Emissions Pollutant (pounds/day)1,2 Construction Phase (Year) ROG NOx CO S02 PM10 PM2.5 Demolition (2024) 2.75 29.21 24.39 0.05 4.71 1.7 Grading (2024) 3.63 36.89 32.3 0.07 4.63 2.5 Building Construction (2024) 1.75 13.71 21.12 0.03 2.76 1.02 Building Construction (2025) 1.6E 1 12.77 21.52 0.03 2.68 1 0.96 Paving (2025) 2.85 7.51 10.71 0.01 0.55 0.37 Architectural Coating (2025) 71.03 0.99 2.46 < 0.01 0.39 0.11 Maximum Daily Emissions3 71.03 50.6 53.42 0.10 7.39 3.52 SCAQMD Significance Thresholds 75 100 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions were calculated using CaIEEMod version 2022.1. Higher emissions between summer and winter are presented as a conservative analysis. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. 3. Grading and building construction phases would overlap in 2024. As such, maximum daily emissions for all pollutants except for ROG are the total of grading phase and building construction phase emissions in 2024. Totals may be slightly off due to rounding. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CaIEEMod outputs and assumptions used in this analysis. With respect to the proposed Project's construction -period air quality emissions and cumulative Basin -wide conditions, the SCAQMD has developed strategies to reduce criteria pollutant emissions outlined in the 2022 AQMP. The proposed Project would comply with SCAQMD Rule 403 requirements and implement all feasible SCAQMD rules to reduce construction air emissions to the extent feasible. In addition, the proposed Project would comply with adopted 2022 AQMP emissions control measures. Pursuant to SCAQMD rules and mandates, as well as the CEQA requirement that significant impacts be mitigated to the extent feasible, these same requirements (i.e., Rule 403 compliance, implementation of all feasible mitigation measures, and compliance with adopted AQMP emissions control measures) would also be imposed on construction projects throughout the Basin, which would include related projects. 6 Modeling was performed for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the modeling, the total building square footage has been reduced to 313,244 square feet. Therefore, Project emissions are conservative. July I y Council 28 - 436 8/6/202 e 23 South Coast Technology Center Project CEQA Exemption 15183 The Project's construction emissions would be below the established thresholds and would result in less than significant air quality impacts. Thus, it can be reasonably inferred that the Project's construction emissions would not contribute to a cumulatively considerable air quality impact for nonattainment criteria pollutants in the Basin, and impacts would be less than significant. Operational Impacts Long-term air quality impacts typically consist of mobile source emissions generated from traffic associated with on -site uses (i.e., motor vehicle use by employees, deliveries travelling to and from the site), and emissions from area and energy sources. Operational emissions associated with the existing and proposed uses of the Project Site were estimated in CaIEEMod. Existing uses of the Project Site generate 1,930 daily trips while the Project would generate 1,544 daily trips'. This analysis utilized trip lengths of 39.9 miles per trip for 4-axle trucks and 14.2 miles per trip for 2-axle and 3-axle trucks based on SCAQMD guidance; trip lengths for passenger cars remain as CaIEEMod defaults (5.3 to 13.4 miles per trip). At the time of this analysis, it has not been determined if the ultimate tenants for the proposed buildings would operate their own fleet; most warehouse operators have no control over the trucks entering and exiting their facilities. Consequently, it is infeasible to require trucks with particular emission profiles (e.g., zero -emission [ZE], near -zero -emission [NZE], or 2010 or beyond model year trucks) for Project operations. If ZE or NZE fleets are utilized during Project operations, the Project's emissions would be less than those identified in this analysis. Area source emissions would be generated from consumer products, architectural coatings, and landscaping. Regarding energy emissions, the primary use of electricity by the Project would be for space heating and cooling, water heating, ventilation, lighting, appliances, landscaping equipment, and electronics. The proposed Project would not consume natural gas according to the Project applicant. However, criteria air pollutant emissions from electricity use are not quantified since criteria pollutants emissions occur at the site of the power plant, which is off -site. Emissions associated with each of these sources were calculated and are discussed below in Table 4.3-2, Operational Criteria Pollutant Emissions. As shown in Table 4.3-2, the daily total operational emissions would not exceed established SCAQMD thresholds. Therefore, impacts would be less than significant. As shown in Table 4.3-2, the Project would result in reduced ROG and CO emissions during both summer and winter conditions compared to existing conditions primarily due to the proposed Project generating less mobile source emissions than the existing office uses. In addition, the Project would not consume natural gas, which would also partially contribute to the reductions of ROG and CO emissions. Overall, the daily total operational emissions would not exceed established SCAQMD thresholds. As discussed, the proposed Project would not result in long-term operational air quality impacts. Additionally, adherence to SCAQMD rules and regulations would alleviate potential impacts related to cumulative conditions on a project -by -project basis. Emission reduction technology, strategies, and plans are constantly being developed. As a result, the proposed Project would not contribute a cumulatively considerable net increase of any nonattainment criteria pollutant. Therefore, no cumulative operational impacts associated with implementation of the proposed Project would result. ' Linscott, Law & Greenspan, Engineers, Trip Generation Assessment for the Proposed South Coast Technology Center Project, January 2, 2024. July I y Council 28 — 437 8/6/202 e 24 South Coast Technology Center Project CEQA Exemption 15183 Table 4.3-2 Operational Criteria Pollutant Emissions Emissions Source Pollutant (pounds/day)' ROG NOx CO SOX PM10 PM2.5 Existing Summer Emissions Mobilez 6.41 4.59 50.50 0.12 10.90 2.82 Area 6.65 0.12 14.50 < 0.005 0.03 0.02 Energy3 0.07 1.21 1.02 0.01 0.09 0.09 Total Existing Summer Em issions4 13.10 5.92 66.00 0.13 11.00 2.93 Project Summer Emissions Mobilez 2.85 26.30 33.90 0.28 14.70 4.11 Area 9.73 0.12 14.10 < 0.005 0.03 0.02 Energy3 0.00 0.00 0.00 0.00 0.00 0.00 Total Project Summer Emissions4 12.60 26.40 48.00 0.28 14.70 4.13 Net Increase From Existing Conditions -0.50 20.48 -18.00 0.15 3.70 1.20 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Existing Winter Emissions Mobilez 6.34 4.99 47.30 0.11 10.90 2.82 Area 4.28 0.00 0.00 0.00 0.00 0.00 Energy 0.07 1.21 1.02 0.01 0.09 0.09 Total Existing Winter Em issions4 10.70 6.20 48.30 0.12 11.00 2.91 Project Winter Emissions Mobilez 2.82 27.40 32.00 0.28 14.70 4.11 Area 7.41 0.00 0.00 0.00 0.00 0.00 Energy3 0.00 0.00 0.00 0.00 0.00 0.00 Total Project Winter Emissions4 10.20 27.40 32.00 0.28 14.70 4.11 Net Increase From Existing Conditions -0.50 21.20 -16.30 0.16 3.70 1.20 SCAQMD Threshold 55 55 550 150 150 55 Threshold Exceeded? No No No No No No Notes: 1. Emissions calculated using CalEEMod Version 2022.1. 2. Operational trips based on the Trip Generation Assessment prepared by Linscott, Law & Greenspan Engineers (dated January 2, 2024). 3. According to the Project applicant, the Project would not consume natural gas. 4. Totals may not add precisely due to rounding. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Air Quality Health Impacts Adverse health effects induced by criteria pollutant emissions are highly dependent on a multitude of interconnected variables (e.g., cumulative concentrations, local meteorology and atmospheric conditions, and the number and character of exposed individual [e.g., age, gender]). In particular, ozone (03) precursors, VOCs and NOx, affect air quality on a regional scale. Health effects related to 03 are therefore the product of emissions generated by numerous sources throughout a region. Existing models have limited sensitivity to small changes in criteria pollutant concentrations and, as such, translating project -generated criteria pollutants to specific health effects or additional days of nonattainment would produce meaningless results. In other words, the Project's less than significant increases in regional air pollution from criteria air pollutants during construction would have negligible impacts on human health. July I y Council 28 - 438 8/6/202 e 25 South Coast Technology Center Project CEQA Exemption 15183 As noted in the Brief of Amicus Curiae by the SCAQM D, the SCAQM D acknowledged it would be extremely difficult, if not impossible to quantify health impacts of criteria pollutants for various reasons including modeling limitations as well as where in the atmosphere air pollutants interact and form.$ Further, as noted in the Brief of Amicus Curiae by the San Joaquin Valley Air Pollution Control District (SJVAPCD), SJVAPCD has acknowledged that currently available modeling tools are not equipped to provide a meaningful analysis of the correlation between an individual development project's air emissions and specific human health impacts.9 The SCAQMD acknowledges that health effects quantification from 03, as an example, is correlated with the increases in ambient level of 03 in the air (concentration) that an individual person breathes. SCAQMD's Brief of Amicus Curiae states that it would take a large amount of additional emissions to cause a modeled increase in ambient 03 levels over the entire region. The SCAQMD further states that based on their own modeling in the SCAQMD's 2012 Air Quality Management Plan, a reduction of 432 tons (864,000 pounds) per day of NOx and a reduction of 187 tons (374,000 pounds) per day of VOCs would reduce 03 levels at highest monitored site by only nine parts per billion. As such, the SCAQMD concludes that it is not currently possible to accurately quantify 03-related health impacts caused by NOx or VOC emissions from relatively small projects (defined as projects with regional scope) due to photochemistry and regional model limitations. Thus, as the Project would not exceed SCAQMD thresholds for construction and operational air emissions, the Project would have a less than significant impact for air quality health impacts. Impact Summary In conclusion, construction and operational impacts resulting from the proposed Project would not result in a cumulatively considerable net increase of any criteria pollutant for which the Project region is nonattainment. Project impacts would be less than significant and less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project -specific mitigation measures are required. LOCALIZED POLLUTANTS AND SENSITIVE RECEPTORS Sensitive receptors are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers. The California Air Resources Board (CARB) has identified the following groups of individuals as the most likely to be affected by air pollution: the elderly over 65, children under 14, athletes, and persons with cardiovascular and chronic respiratory diseases such as asthma, emphysema, and bronchitis. The nearest sensitive receptor to the Project Site is the existing Calvary Chapel High School located approximately 100 feet to the east of the Project Site. South Coast Air Quality Management District, Application of the South Coast Air Quality Management District for Leave to File Brief of Amicus Curiae in Support of Neither Party and Brief of Amicus Curiae. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 3, 2015. San Joaquin Valley Air Pollution Control District, Application for Leave to File Brief of Amicus Curiae Brief of San Joaquin Valley Unified Air Pollution Control District in Support of Defendant and Respondent, County of Fresno and Real Party In Interest and Respondent, Friant Ranch, L.P. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 13, 2015. July I y Council 28 — 439 8/6/202 e 26 South Coast Technology Center Project CEQA Exemption 15183 Localized Significance Thresholds LSTs were developed in response to SCAQMD Governing Boards' Environmental Justice Enhancement Initiative (1-4). The SCAQMD provided the Final Localized Significance Threshold Methodology (dated June 2003 [revised 2008]) for guidance. The LST methodology assists lead agencies in analyzing localized air quality impacts. The SCAQMD provides the LST screening lookup tables for one-, two-, and five -acre projects emitting CO, NOx, PM2.5, or PM,o. The LST methodology and associated mass rates are not designed to evaluate localized impacts from mobile sources traveling over the roadways. The Project is located within SRA 17, Central Orange County. Construction The SCAQMD guidance on applying CaIEEMod to LSTs specifies the number of acres a particular piece of equipment would likely disturb per day.'o SCAQMD provides LST screening thresholds for one-, two, and five -acre site disturbance areas; SCAQMD does not provide LST screening thresholds for projects over five acres. The Project would actively disturb approximately three acres per day during the grading phase of construction. Therefore, the construction LST screening threshold for two acres were utilized as a conservative analysis. As discussed, the nearest sensitive receptor to the Project Site is the existing Calvary Chapel High School located approximately 100 feet to the east of the Project Site. This sensitive land use may be potentially affected by air pollutant emissions generated during on -site construction activities. LST screening thresholds are provided for distances to sensitive receptors of 25, 50, 100, 200, and 500 meters. As the nearest sensitive receptor is located approximately 100 feet (30.5 meters) from the Project Site, the lowest available LST screening values for 25 meters was used. Table 4.3-3, Localized Significance of Construction Emissions, shows the localized construction - related emissions for NOx, CO, PM,o, and PM2.5 compared to the LST screening thresholds for SRA 17. It is noted that the localized emissions presented in Table 4.3-3 are less than those in Table 4.3-2 because localized emissions include only on -site emissions (i.e., from construction equipment and fugitive dust), and do not include off -site emissions (i.e., from hauling activities). As shown in Table 4.3-3, localized construction emissions would not exceed the LST screening thresholds for SRA 17. Therefore, localized significance impacts from construction would be less than significant. Further, as discussed in the Attachment B, Health Risk Assessment, the highest expected average diesel particulate matter (DPM) emission concentrations resulting from construction of the Project at a sensitive receptor would be approximately 0.06955 pg/m3. It is acknowledged that the calculations conservatively assume no cleaner technology with lower emissions would occur in future years. Cancer risk calculations are based on 16-month maximum individual cancer risk (MICR) exposure periods. As shown in the Health Risk Assessment, the highest calculated carcinogenic risk from Project construction activities is approximately 1.71 per million for 16- month exposure at the sensitive receptor at the school and 5.68 per million for 16-month exposure at a residential sensitive receptor location east of the Project Site. Thus, the Project would not exceed the MICR of 10 in one million and impacts related to cancer risk and DPM concentrations from heavy trucks would be less than significant for the MICR. 10 The number of acres represent the total acres traversed by grading equipment. To properly grade a piece of land, multiple passes with equipment may be required. The disturbance acreage is based on the equipment list and days of the grading phase according to the anticipated maximum number of acres a given piece of equipment can pass over in an 8-hour workday. July I y Council 28 — 440 8/6/202 e 27 South Coast Technology Center Project CEQA Exemption 15183 Table 4.3-3 Localized Significance of Construction Emissions Emissions Source Emissions (pounds per day) NOx CO PM10 PM2.5 Maximum Daily Construction Emissions' 2 45.50 43.30 4.34 2.74 LST Screening Threshold3 115 715 6 4 Thresholds Exceeded? No No No No Notes: 1. The grading phase would overlap with the building construction phase during Year 1; maximum daily construction emissions from these two phases are combined to be presented as the worst -case scenario for NOx, CO, PM10, and PM2.5 emissions. 2. Modeling assumptions include compliance with SCAQMD Rule 403 which requires the following: properly maintain mobile and other construction equipment; replace ground cover in disturbed areas quickly; water exposed surfaces three times daily; cover stockpiles with tarps; water all haul roads twice daily; and limit speeds on unpaved roads to 15 miles per hour. 3. The Localized Significance Threshold Mass Rate Screening Criteria was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOx, CO, PM10, and PM2.5. The Localized Significance Threshold was based on the anticipated daily acreage disturbance for construction (approximately three acres; therefore, the two -acre thresholds were used) and Source Receptor Area 17, Central Orange County. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Asbestos Asbestos is a term used for several types of naturally occurring fibrous minerals that are a human health hazard when airborne. The most common type of asbestos is chrysotile, but other types such as tremolite and actinolite are also found in California. Asbestos is classified as a known human carcinogen by state, federal, and international agencies and was identified as a toxic air contaminant by CARB in 1986. Asbestos can be released from serpentinite and ultramafic rocks when the rock is broken or crushed. At the point of release, the asbestos fibers may become airborne, causing air quality and human health hazards. These rocks have been commonly used for unpaved gravel roads, landscaping, fill projects, and other improvement projects in some localities. Asbestos may be released to the atmosphere due to vehicular traffic on unpaved roads, during grading for development projects, and at quarry operations. All of these activities may have the effect of releasing potentially harmful asbestos into the air. Natural weathering and erosion processes can act on asbestos bearing rock and make it easier for asbestos fibers to become airborne if such rock is disturbed. According to the Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, serpentinite and ultramafic rocks are not known to occur within the Project area." According to the Attachment C, Cultural and Paleontological Resources Identification Memorandum, the existing buildings were built after the 1980s. Thus, the buildings are not likely to contain asbestos. However, SCAQMD Rule 1403 requires that, prior to the start of demolition activities, the existing structure shall be thoroughly surveyed for the presence of asbestos by a person that is certified by Cal/OSHA for asbestos surveys. Rule 1403 requires that the SCAQMD be notified a minimum of 10 days before any demolition activities begin with specific details of all asbestos to be removed, start and completion dates of demolition, work practices and engineering 11 California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, hftps://ww3.arb.ca.gov/toxics/asbestos/ofr 2000-019.pdf, accessed April 3, 2024. July I y Council 28 — 441 8/6/202 e 28 South Coast Technology Center Project CEQA Exemption 15183 controls to be used to contain the asbestos emissions, estimates on the amount of asbestos to be removed, the name of the waste disposal site where the asbestos will be taken, and names and addresses of all contractors and transporters that will be involved in the asbestos removal process. Therefore, through adherence to the asbestos removal requirements, detailed in SCAQMD Rule 1403, a less than significant asbestos impact would occur during construction of the proposed Project. Operations According to SCAQMD LST methodology, LSTs would apply to the operational phase of a proposed project if the project includes stationary sources or attracts mobile sources that may spend extended periods queuing and idling at the site (e.g., warehouse or transfer facilities). Since the proposed Project consists of three new Class A industrial buildings for office, manufacturing, and/or warehouse use, the operational phase LST protocol was applied. If emissions exceed the applicable operational LST screening thresholds for the Project Site, then additional dispersion modeling would need to be conducted to determine if there is an actual exceedance of the ambient air quality standards. The Project Site is approximately 15.8 acres. Therefore, the LST values for five -acre at 25 meters were utilized to provide a conservative estimate of operational LST impacts. It is assumed that the maximum distance a vehicle could travel on the 15.8-acre (approximately 0.0247-square mile) site would be one mile or less. Therefore, a conservative percentage of 20 percent of the total mobile source emissions (one mile trip on -site of the shortest 5.3-mile trip) were assumed as on -site emissions. This assumption is conservative because only 45 percent of the passenger cars trips would have a trip length of 5.3 miles per trip; all other trip types and vehicle types would have much longer trip lengths. Table 4.3-4, Localized Significance of Operational Emissions, shows the calculated emissions for the Project's operational activities compared to the applicable LST screening thresholds. As shown in Table 4.3-4, the Project's operational area source emissions would not exceed the LST screening thresholds for SRA 17. Therefore, localized significance impacts from operations would be less than significant. Further, based on the Health Risk Assessment, the highest expected annual average DPM emission concentrations resulting from operation of the Project (332 daily truck trips) at a sensitive receptor would be 0.00456 micrograms per cubic meter (pg/m3). This level of concentration would be experienced at the institutional uses (Calvary Chapel High School) located directly east of the Project Site, where DPM emissions were modeled to include emissions from on -site and off -site heavy duty trucks movement and idling. It is acknowledged that the calculations conservatively assume no cleaner technology with lower emissions would occur in future years. Cancer risk calculations are based on four-year maximum individual cancer risk (MICR) exposure periods. As shown in the Health Risk Assessment, the highest calculated carcinogenic risk from Project implementation is 0.00965 per million for 4-year exposure at the sensitive receptor at the school. The highest calculated carcinogenic risk at a residential sensitive receptor location (800 feet south of the Project Site) is 1.750 per million for 30-year exposure. Thus, the Project would not exceed the MICR of 10 in one million and impacts related to cancer risk and DPM concentrations from heavy trucks would be less than significant for the MICR. July i y Council 28 — 442 8/6/202 e 29 South Coast Technology Center Project CEQA Exemption 15183 Table 4.3-4 Localized Significance of Operational Emissions Emissions Source Emissions (pounds per day) NOx CO PM10 PM2.5 Maximum Daily Area Source Emissions 0.12 14.10 0.03 0.02 Maximum Daily On -Site Mobile Emissions' 5.48 6.78 2.94 0.82 Maximum Daily Energy Emissions 0.00 0.00 0.00 0.00 Total Maximum Daily On -Site Operational Emissions 5.60 20.88 2.97 0.84 Localized Significance Threshold' 183 1,253 3 2 Thresholds Exceeded? No No No No Notes: 1. As it was conservatively assumed that approximately 20 percent of the project's mobile trips would occur on the 15.8-acre site, the operational LST assessment analyzed 20 percent of the maximum daily winter or summer operational mobile emissions. 2. The Localized Significance Threshold Mass Rate Screening Criteria was determined using Appendix C of the SCAQMD Final Localized Significant Threshold Methodology guidance document for pollutants NOx, CO, PM10, and PM2.5. The Localized Significance Threshold was based on the site acreage (approximately 15.8 acres; therefore, the five -acre thresholds were used as a conservative analysis) and Source Receptor Area 17, Central Orange County. Source: Refer to Appendix A of Attachment A, Air Quality Assessment, for CalEEMod outputs and assumptions used in this analysis. Carbon Monoxide Hotspots CO emissions are a function of vehicle idling time, meteorological conditions and traffic flow. Under certain extreme meteorological conditions, CO concentrations near a congested roadway or intersection may reach unhealthy levels (i.e., adversely affect residents, school children, hospital patients, the elderly, etc.). To identify CO hotspots, the SCAQMD requires a CO microscale hotspot analysis when a project increases the volume -to -capacity ratio (also called the intersection capacity utilization) by 0.02 (two percent) for any intersection with an existing level of service (LOS) D or worse. Because traffic congestion is highest at intersections where vehicles queue and are subject to reduced speeds, these hot spots are typically produced at intersection locations. The Basin is designated as an attainment area for state and federal CO standards. There has been a decline in CO emissions even though vehicle miles traveled (VMT) on U.S. urban and rural roads have increased. On -road mobile source CO emissions have declined 24 percent between 1989 and 1998, despite a 23 percent rise in motor VMT over the same 10 years. California trends have been consistent with national trends; CO emissions declined 20 percent in California from 1985 through 1997, while VMT increased 18 percent in the 1990s. Three major control programs have contributed to the reduced per -vehicle CO emissions: exhaust standards, cleaner burning fuels, and motor vehicle inspection/maintenance programs. A detailed CO analysis was conducted in the Federal Attainment Plan for Carbon Monoxide (CO Plan) for the SCAQM D's 2003 Air Quality Management Plan. The locations selected for microscale modeling in the CO Plan are worst -case intersections in the Basin and would likely experience the highest CO concentrations. Of these locations, the Wilshire Boulevard/Veteran Avenue intersection experienced the highest CO concentration (4.6 parts per million (ppm)), which is well below the 35-ppm 1-hr CO federal standard. The Wilshire Boulevard/Veteran Avenue intersection is one of the most congested intersections in southern California with an average daily traffic (ADT) volume of approximately 100,000 vehicles per day. As the CO hotspots were not experienced at the Wilshire Boulevard/Veteran Avenue intersection (100,000 ADT), it July I y Council 28 — 443 8/6/202 e 30 South Coast Technology Center Project CEQA Exemption 15183 can be reasonably inferred that CO hotspots would not be experienced at any locations near the Project Site as the Project would not result in increase in daily trips compared to existing conditions. Therefore, similar to the analysis in GPU PEIR, impacts related to CO hotspots would be less than significant. Impact Summary In conclusion, both construction and operational localized air quality impacts resulting from the proposed Project would be less than significant and would be less than the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable despite inclusion of mitigation. As such, no new project -specific mitigation measures are required. OBJECTIONABLE ODORS Construction activities associated with the Project may generate detectable odors from heavy- duty equipment exhaust and architectural coatings. However, construction -related odors would be short-term in nature and cease upon Project completion. In addition, the Project would be required to comply with the California Code of Regulations, Title 13, Sections 2449(d)(3) and 2485, which minimizes the idling time of construction equipment either by shutting it off when not in use or by reducing the time of idling to no more than five minutes (RR AQ-2). This would further reduce the detectable odors from heavy-duty equipment exhaust. The Project would also comply with the SCAQMD Rule 1113, which would minimize odor impacts from ROG emissions during architectural coating (RR AQ-3). Any impacts to existing adjacent land uses would be short-term. Land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The proposed Project involves the construction of three new Class A industrial buildings for office, manufacturing, and/or warehouse use. As such, the operation of the Project would not involve land uses typically associated with odor complaints. In relation to truck operations, the proposed Project would be required to comply with the California Code of Regulations, Title 13, Sections 2485(C)(1) which limits the idling time of trucks to no more than five minutes and would further minimize emissions and possible odors. As discussed above, Project adherence with SCAQMD Rule 402 would minimize any discharge of contaminants that could be detrimental or would cause a nuisance. In conclusion, project -related construction and operational impacts pertaining to other air emissions (such as those leading to odors) would be less than significant, and would be the same as impacts disclosed in the GPU PEIR, which were also determined to be less than significant. As such, no new project -specific mitigation measures are required. 4.3.3 Conclusion Overall, the Project is consistent with the General Plan Update. With implementation of RR AQ-1 though RR AQ-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe air quality impacts than anticipated by the GPU PEIR. July i y Council 28 — 444 8/6/202 e 31 South Coast Technology Center Project CEQA Exemption 15183 4.3.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR AQ-1 New buildings are required to achieve the current California Building Energy Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building Energy Efficiency Standards became effective January 1, 2020. The Building and Energy Efficiency Standards and CALGreen are updated tri-annually with a goal to achieve net zero buildings energy for 2030. RR AQ-2 Construction activities will be conducted in compliance with California Code of Regulations, Title 13, Section 2449, which requires that nonessential idling of construction equipment is restricted to five minutes or less. RR AQ-3 Construction activities will be conducted in compliance with any applicable South Coast Air Quality Management District rules and regulations, including but not limited to: • Rule 403, Fugitive Dust, for controlling fugitive dust and avoiding nuisance. Rule 402, Nuisance, which states that a project shall not "discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property." Rule 1113, which limits the volatile organic compound content of architectural coatings. Rule 1466, Soil Disturbance. Projects that involve earth -moving activities of more than 50 cubic yards of soil with applicable toxic air contaminants are subject to this rule. MM AQ-112 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during construction activities. These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City. Mitigation measures to reduce construction -related emissions could include, but are not limited to: 12 The Air Quality Assessment (Attachment A) was prepared to fulfill the requirements of GPU PER MM AQ-1 and MM AQ-2. July I y Council 28 — 445 8/6/202 e 32 South Coast Technology Center Project CEQA Exemption 15183 • Require fugitive -dust control measures that exceed South Coast AQM D's Rule 403, such as: - Use of nontoxic soil stabilizers to reduce wind erosion. - Apply water every four hours to active soil -disturbing activities. - Tarp and/or maintain a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials. • Use construction equipment rated by the United States Environmental Protection Agency as having Tier 3 (model year 2006 or newer) or Tier 4 (model year 2008 or newer) emission limits, applicable for engines between 50 and 750 horsepower. • Ensure that construction equipment is properly serviced and maintained to the manufacturer's standards. • Limit nonessential idling of construction equipment to no more than five consecutive minutes. • Limit on -site vehicle travel speeds on unpaved roads to 15 miles per hour. • Install wheel washers for all exiting trucks or wash off all trucks and equipment leaving the project area. • Use Super -Compliant VOC paints for coating of architectural surfaces whenever possible. A list of Super -Compliant architectural coating manufactures can be found on the South Coast AQMD's website. MM AQ-213 Prior to discretionary approval by the City of Santa Ana for development projects subject to CEQA (California Environmental Quality Act) review (i.e., non-exempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation phase -related air quality impacts to the City of Santa Ana for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation -related air pollutants are determined to have the potential to exceed the South Coast AQM D's adopted thresholds of significance, the City of Santa Ana shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following: For site -specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions. 13 The Air Quality Assessment (Attachment A) was prepared to fulfill the requirements of GPU PER MM AQ-1 and MM AQ-2. July I y Council 28 — 446 8/6/202 e 33 South Coast Technology Center Project CEQA Exemption 15183 • Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applications to optimize renewable energy generation systems and avoid peak energy use. • Site -specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 § 2485). • Provide changing/shower facilities as specified in Section A5.106.4.3 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 (Residential Voluntary Measures) of the CALGreen Code and Sec. 41-1307.1 of the Santa Ana Municipal Code. • Provide preferential parking spaces for low -emitting, fuel -efficient, and carpool/van vehicles per Section A5.106.5.1 of the CALGreen Code (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 (Nonresidential Voluntary Measures) and Section A5.106.8.2 (Residential Voluntary Measures) of the CALGreen Code. • Applicant -provided appliances (e.g., dishwashers, refrigerators, clothes washers, and dryers) shall be Energy Star —certified appliances or appliances of equivalent energy efficiency. Installation of Energy Star —certified or equivalent appliances shall be verified by Building & Safety during plan check. • Applicants for future development projects along existing and planned transit routes shall coordinate with the City of Santa Ana and Orange County Transit Authority to ensure that bus pad and shelter improvements are incorporated, as appropriate. MM AQ-314 Prior to discretionary approval by the City of Santa Ana, project applicants for new industrial or warehousing development projects that 1) have the potential to generate 100 or more diesel truck trips per day or have 40 or more trucks with operating diesel -powered transport refrigeration units, and 2) are within 1,000 feet of a sensitive land use (e.g., residential, schools, hospitals, or nursing homes), as measured from the property line of the project to the property line of the nearest sensitive use, shall submit a health risk assessment (HRA) to the City of Santa Ana for review and approval. The HRA shall be prepared in accordance with policies and procedures of the State Office of Environmental Health Hazard Assessment and the South Coast Air Quality Management District and shall include all applicable stationary and mobile/area source emissions generated by the proposed project at the project site. If the HRA shows that the incremental cancer risk and/or noncancer hazard index exceed the respective thresholds, as established by the South Coast AQMD at the time a project is considered (i.e., 10 in one million cancer risk and 1 hazard index), the project applicant will be required to identify and demonstrate that best available control technologies for toxics (T- BACTs), including appropriate enforcement mechanisms, are capable of reducing potential cancer and noncancer risks to an acceptable level. T-BACTs may 14 The Health Risk Assessment (Attachment B) was prepared to fulfill the requirements of GPU PEIR MM AQ-3. July I y Council 28 — 447 8/6/202 e 34 South Coast Technology Center Project CEQA Exemption 15183 include, but are not limited to, restricting idling on -site, electrifying warehousing docks to reduce diesel particulate matter, or requiring use of newer equipment and/or vehicles. T-BACTs identified in the HRA shall be identified as mitigation measures in the environmental document and/or incorporated into the site plan. 4.4 Biological Resources 4.4.1 GPU PEIR Findings According to the GPU PEIR, the City is built out with primarily industrial, commercial, and residential uses. Within the City, wildlife habitats are generally limited to open space/vacant parcels, the Santa Ana River, and the Santiago Creek. A total of 499 parcels are designated as Open Space land use within the City boundaries. An additional 135 parcels within the City boundaries were identified as vacant or containing natural resources but are not designated Open Space. The General Plan Update proposes no change in General Plan land use designation for the parcels identified as open space or vacant parcels within the City limits. The inventory of existing conditions conducted for the GPU PEIR determined that no parcels with a proposed land use designation that allows for development (i.e., not an open space designation) currently has sensitive vegetation. All parcels currently have ruderal vegetation and little to no biological value. Nevertheless, while no development or land use changes are proposed in the City's open space areas, and the GPU PEIR reported no indication that development in accordance with the General Plan Update would have significant biological impacts, the GPU PEIR concluded that there is potential for implementation of the General Plan Update to impact candidate, sensitive, or special status species, particularly if future development includes stream crossings. In addition, the GPU PEIR determined that development under the General Plan Update could result in vegetation removal, intrusion by humans and pets, and increase noise and air pollution, which could adversely affect wildlife movement, nesting sites, and migratory birds. Thus, the GPU PEIR concluded that impacts to candidate, sensitive, or special status species; wildlife movement; nesting sites; and migratory birds would be potentially significant even with implementation of RR B-1 through RR B-5. However, with incorporation of GPU PEIR MM 13I0-1, which would require screening by a qualified biologist to determine if a site -specific biological resources report is required for projects that disturb vegetated land or major streams, impacts would be reduced to less than significant. No land use changes were proposed on parcels identified as riparian habitat, sensitive natural communities, or wetlands and jurisdictional waterways by the General Plan Update. Additionally, the City is not within a Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) area. Thus, the GPU PEIR concluded that the General Plan Update would have a less than significant impact related to riparian habitat, sensitive natural communities, wetlands and jurisdictional waterways, and adopted NCCP/HCP. 4.4.2 Project Analysis The Project Site comprises an existing 10.2-acre office park that is fully developed with buildings, an artificial pond, and parking, and an approximately 5.6-acre vacant field. The proposed Project would demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. The vacant field is disturbed, surrounded by urban uses, and does not contain any critical habitat for threatened and endangered species as July i y Council 28 — 448 8/6/202 e 35 South Coast Technology Center Project CEQA Exemption 15183 delineated by the U.S. Fish and Wildlife Service.15 The Project Site also does not contain nor is it adjacent to any wetland or riparian habitat as identified by the National Wetlands Inventory.16 As stated in the GPU PEIR, parcels with a proposed land use designation that allows for development, such as the Project Site, currently do not contain sensitive vegetation with any biological value. Thus, although the Project Site contains limited ornamental vegetation, the site does not include attributes that would be capable of supporting special status or sensitive plant species, or native resident or migratory species. Additionally, the Project would comply with RR B-2, which would ensure any potential direct or indirect impacts to bird species that may nest in the on -site trees comply with California Fish and Game Code Section 3503, which prohibits the take, possession, or needless destruction of any bird's nest or eggs. Therefore, Project impacts related to candidate, sensitive, or special status species; riparian habitat; wetlands; native resident or migratory species would be less than significant. A total of 201 trees would be removed to construct the proposed Project, all of which are located on the Project Site. SAMC Chapter 33, Article VII regulates the planting, maintenance, and removal of public trees. Since all trees removed would be on -site trees, the regulations contained in SAMC Chapter 33, Article VII would not apply to the Project. Thus, the Project would not conflict with the City's tree ordinance and impacts would be less than significant. In addition, as stated in the GPU PEIR, the City is not within an NCCP/HCP area. Therefore, the proposed Project would not conflict with an NCCP/HCP or other approved local, regional, or state habitat conservation plan and no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determination in the GPU PEIR, which concluded that impacts related to riparian habitat, sensitive natural communities, wetlands and jurisdictional waterways, and adopted NCCP/HCP would be less than significant and that impacts to candidate, sensitive, or special status species; wildlife movement; nesting sites; and migratory birds would be less than significant with mitigation. As such, no new project -specific mitigation measures are required. 4.4.3 Conclusion The Project is consistent with the General Plan Update. With compliance with RR B-2 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off - site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe biological resource impacts than anticipated by the GPU PEIR. 4.4.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR B-2 Regulatory requirement for potential direct/indirect impacts to common and sensitive bird and raptor species will require compliance with the California Fish and Game Code Section 3503. 15 U.S. Fish and Wildlife Service. Critical Habitat for Threatened and Endangered Species Online Mapper, httDs://fws. maos.arcais.com/home/webmao/viewer. html?webmap=9d8de5e265ad4feO9893cf75b8dbfb77. accessed April 25, 2024. 16 U.S. Fish and Wildlife Service. National Wetlands Inventory Wetlands Mapper. https://fwsprimary.wim.usgs.gov /wetlands/apes/wetlands-mapper/, accessed April 25, 2024. July I y Council 28 — 449 8/6/202 e 36 South Coast Technology Center Project CEQA Exemption 15183 4.5 Cultural Resources 4.5.1 GPU PEIR Findings The GPU PEIR concluded that future development under the General Plan Update could adversely impact the City's numerous historical properties listed in national, state, and local registers. Implementation of RR CUL-2 through RR CUL-6 and GPU PEIR MM CUL-1 through MM CUL-3 would be required. Specifically, GPU PEIR MM CUL-1 would require a historical resources assessment (HRA) for structures 45 years or older. GPU PEIR MM CUL-2 would require the maximum use of the Secretary of the Interior's Standards forthe Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings to ensure that projects involving relocation, conversion, rehabilitation, or alteration of a historic resources would not impair any historical significance. In the event that impacts to historical resources cannot be avoided, GPU PEIR MM CUL-3 would require the affected historical resources to be thoroughly documented before issuance of any permits and may also require additional public education efforts and/or memorialization of the historical resource. However, impacts to historical resources would still be significant and unavoidable. The GPU PEIR stated that development involving ground disturbance within the plan area has the potential to impact known and unknown archaeological resources. To reduce impacts to archaeological resources and prior to ground -disturbing activities, GPU PEIR MM CUL-4 requires an Archaeological Resources Assessment be conducted under the supervision of a qualitied archaeologist. If potentially significant archaeological resources are identified and impacts cannot be avoided, GPU PEIR MM CUL-5 requires a Phase II Testing and Evaluation investigation be performed by a qualified archaeologist. If the Archaeological Resources Assessment required by GPU PEIR MM CUL-4 does not identify archaeological resources but indicates the project area to be highly sensitive for archeological resources, then GPU PEIR MM CUL-6 requires a qualified archaeologist and a Native American monitor culturally affiliated with the project area to monitor all ground -disturbing activities in the areas of high archaeological sensitivity. However, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but indicates that the site has moderate sensitivity for archaeological resources, then GPU PEIR MM CUL-7 requires that a qualified archaeologist be retained on -call. With implementation of GPU PEIR MM CUL-4 through MM CUL-7, impacts to archaeological resources would be less than significant. As stated in the GPU PEIR, the potential for disturbance of human remains is low since development in accordance with the General Plan Update would be largely limited to infill sites and previously disturbed land in an urban environment. The GPU PEIR determined that compliance with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 would ensure that impacts to human remains would be less than significant. 4.5.2 Project Analysis The following section evaluates potential impacts to cultural resources that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment C, Cultural and Paleontological Resources Identification Memorandum (Cultural Memorandum). The Cultural Memorandum was prepared to fulfill the requirements of GPU PEIR MM CUL-4. July i y Council 28 — 450 8/6/202 e 37 South Coast Technology Center Project CEQA Exemption 15183 Based on the Cultural Memorandum, the Project Site does not contain any historical resources as defined by CEQA Guidelines Section 15064.5(a). Three buildings would be demolished as part of the proposed Project, but they are not historic in age (i.e., 50 years old). As discussed in the Cultural Memorandum, aerial photographs indicate that the two buildings on the Project Site east of Susan Street were constructed between 1980 and 1987. The third building was constructed between 1987 and 1992. Thus, no impacts would occur with regards to historical resources. A records search of the Project Site and a half -mile search radius identified five resources within the Project area, none of which are located within or adjacent to the Project Site. An archaeological field survey conducted in February 2024 identified two marine shell scatters along the northeast of the Project Site's vacant parcel; none of the shell observed on -site showed any sign of burning or other cultural modification. No prehistoric artifacts were observed, either within or outside the shell scatters anywhere on the Project Site. Based on the results of the field survey, a follow-up visit occurred to conduct limited subsurface testing to understand the origin of the shell scatters and determine whether the shell is an archaeological resource. Based on the collective evidence from the geotechnical trenching and the archaeological shovel test pits, it was concluded that the shell scatters do not constitute an archaeological site. All the observed shell and shell fragments are unmodified. All the documented shell and shell fragments were located at or within 10 cm of the surface, within artificial fill. No prehistoric artifacts were observed anywhere in the Project Site. The collective evidence is that the shells and shell fragments were brought in with imported fill and dumped at the site relatively recently. Thus, the shell scatters are not part of a prehistoric deposit and are not historical resources as defined by CEQA Section 15064.5(a). The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. Construction activities would include excavation and grading, which could disturb unknown archaeological resources. The majority of the excavation for the proposed buildings would require over -excavation for the building pads at a depth of approximately 5 to 8 feet. Trenches for utility connections would require a maximum excavation depth of 14 feet. Based on the Cultural Memorandum, sensitivity for cultural resources consisting of archaeological sites is considered low at and near the surface, but increases to moderate with depth. Geologic and soils maps indicate that the Project area contains surficial deposits of younger Quaternary alluvial sediments. These sediments have the potential to contain buried archaeological deposits. The late nineteenth to early twentieth century bed of the Santa Ana River was located approximately 0.6 miles to the northwest and would have provided abundant resources to area inhabitants. As the river meandered and changed its course, it or its tributaries may have been located closer to the Project area at times. These conditions heighten the sensitivity of the Project area for buried cultural resources. However, the Project area has an extensive history of recent disturbances. East of Susan Street, the Project Site is entirely developed by the construction of multi -storied office buildings, a pond, and parking lots. Building methods at the time, and the installation of associated utilities, would have resulted in the disturbance of archaeological sites buried at shallow depths. West of Susan Street, geotechnical testing indicates that a layer of imported fill, ranging from 3 to 4.5 feet thick, covers the entire Project Site. Nevertheless, buried resources may remain in areas where developments such as parking lots or structures with shallow foundations have required only minimal ground disturbance, or below the existing imported fill. Therefore, the sensitivity of the Project area at the surface and near surface is low due to past disturbances. However, excavations for the Project are anticipated to disturb a large part of the Project Site to points below the level of existing artificial fill and other disturbances and the sensitivity for potential buried prehistoric archaeological sites is moderate in these undisturbed soils. Therefore, consistent with the GPU PEIR, the proposed Project would implement GPU PEIR MM CUL-7 which would require July i y Council 28 — 451 8/6/202 e 38 South Coast Technology Center Project CEQA Exemption 15183 a qualified archaeologist be retained on -call. Upon implementation of GPU PEIR MM CUL-7, impacts related to archaeological resources would be less than significant. As discussed above, the Project Site is located in an urbanized area and most of the site has been previously graded and developed. Therefore, the potential for uncovering human remains on the Project Site is low. Therefore, similar to the conclusion in the GPU PEIR, compliance with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 would ensure that Project impacts to human remains would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts to historical resources would be significant and unavoidable and impacts to archaeological resources and human remains would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.5.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR CUL-1 and Mitigation Measure CUL-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe cultural resource impacts than anticipated by the GPU PEIR. 4.5.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR CUL-1 California Health and Safety Code Section 7050.5 requires that if human remains are discovered within the proposed project site, disturbance of the site shall halt and remain halted until the coroner has investigated the circumstances, manner, and cause of any death, and the recommendations concerning the treatment and disposition of the human remains have been made to the person responsible for the excavation, or to his or her authorized representative. If the coroner determines that the remains are not subject to his or her authority and if the coroner recognizes or has reason to believe the human remains to be those of a Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission. MM CUL-4" For projects with ground disturbance—e.g., grading, excavation, trenching, boring, or demolition that extend below the current grade —prior to issuance of any permits required to conduct ground -disturbing activities, the City shall require an Archaeological Resources Assessment be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Assessments shall include a California Historical Resources Information System records search at the South Central Coastal Information Center and of the Sacred Land Files maintained by the Native American Heritage Commission. The records searches will determine if the proposed project area has been previously surveyed 17 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) was prepared to fulfill the requirements of GPU PER MM CUL-4. July I y Council 28 — 452 8/6/202 e 39 South Coast Technology Center Project CEQA Exemption 15183 for archaeological resources, identify and characterize the results of previous cultural resource surveys, and disclose any cultural resources that have been recorded and/or evaluated. If unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey shall be undertaken in proposed project areas to locate any surface cultural materials that may be present. MM CUL-718 If an Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources (Mitigation Measure CUL-4), an archaeologist who meets the Secretary's Standards shall be retained on call. The archaeologist shall inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. The pre -construction training shall be held in conjunction with the project's initial on -site safety meeting and shall explain the importance and legal basis for the protection of significant archaeological resources. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery shall be halted while the on -call archaeologist is contacted. The resource shall be evaluated for significance and tribal consultation shall be conducted, in the case of a tribal resource. If the discovery proves to be significant, the long-term disposition of any collected materials should be determined in consultation with the affiliated tribe(s), where relevant. 4.6 Energy 4.6.1 GPU PEIR Findings The GPU PEIR determined that implementation of the General Plan Update would result in temporary demands for electricity, diesel fuel, and gasoline due to the development of projects under the General Plan Update. Due to the temporary nature of construction, energy uses from construction equipment, haul trucks, and construction employee vehicles would cease upon the completion of a project. The GPU PEIR also states that compliance with Section 2449 of 13 California Code of Regulations (CCR) Article 4.8, Chapter 9 would minimize nonessential idling of construction equipment, minimizing excessive energy consumption. Additionally, construction activities and development proposed due to the General Plan Update would be similar in nature to existing projects within the City. The GPU PEIR also determined that the operation of new developments due to the implementation of the General Plan Update would result in additional demands for electricity and natural gas compared to existing conditions. Nevertheless, future developments would be required to comply with the most recent Building Energy Efficiency Standards and CALGreen, which would reduce the overall energy demands. In addition to the Building Energy Efficiency Standards and CALGreen, the GPU PEIR also determined that compliance with goals and policies within the General Plan Update would increase energy efficiency and reduce wasteful use of energy resources. In addition, implementation of the General Plan Update would result in an overall decrease in VMT and fuel usage for gasoline - powered vehicles but would result in an increase of diesel -powered, natural gas -powered, and electric -powered vehicles. Overall, the GPU PEIR determined that the implementation of the General Plan Update would not result in excessive and inefficient energy use upon 18 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) did not identify any potentially significant archaeological resources, and determined that sensitivity for buried archaeological resources is low at the surface but increases to moderate in undisturbed deposits. July I y Council 28 — 453 8/6/202 e 40 South Coast Technology Center Project CEQA Exemption 15183 implementation of General Plan Update goals and policies and compliance with applicable regulations (i.e., Building Energy Efficiency Standards, CALGreen, and California's Renewable Portfolio Standards [RPS]). Moreover, the GPU PEIR determined that the implementation of the General Plan Update would comply with the California RPS program and the City's Climate Action Plan (CAP). Compliance with these regulatory documents ensure that the General Plan Update would not conflict or obstruct a state or local plan for renewable energy or energy efficiency. Thus, the GPU PEIR determined that impacts of energy use would be less than significant. 4.6.2 Project Analysis The following section evaluates potential impacts on energy that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment D, Energy Assessment. The analysis focuses on the two sources of energy that are relevant to the proposed Project: electricity and transportation fuel for vehicle trips associated with Project operations as well as the fuel necessary for Project construction. CONSUMPTION OF ENERGY Project construction would require temporary energy consumption primarily using fuel for construction equipment, construction worker vehicle trips to and from the Project Site, and the import and export of earth materials to and from the Project Site by heavy trucks. For operation, the proposed Project would require energy use in the form of electricity and fuel consumption; the proposed Project would not utilize natural gas. For the purposes of this analysis, the proposed Project's electricity consumption is compared against existing conditions and the net change is compared to the total consumption in Orange County (County) in 2022, the latest year consumption data is available. Based on the Trip Generation Assessment for the Proposed South Coast Technology Center Proiect (Trip Generation Assessment; Attachment l), the proposed Project would result in an operational trip generation that would be less than the existing conditions. However, the Project's estimated trip generation would result in a fleet mix that utilizes more 2-, 3-, and 4-axle trucks than the existing conditions. These trucks use diesel with a lower miles per gallon efficiency rate and longer trip lengths, resulting in higher diesel fuel consumption. Table 4.6-1, Net Change in Energy Consumption, shows the net change of the Project's energy consumption compared to existing conditions. As shown in Table 4.6-1, due to the different fleet mix (more medium- and heavy-duty trucks) compared to existing conditions, the Project would result in higher fuel consumption. Table 4.6-1 Net Change in Energy Consumption Energy Type' gy yp Existing Energy Project Energy Project Net Consumption Consumption Change 2 Electricity 3,691 MWh 5,703 MWh 2,012 MWh Natural Gas3 45,123 therms 0 therms -45,123 therms Fuel Operational Fuel Consumption Gasoline 154,292 gallons 132,393 gallons -21,900 gallons Operational Fuel Consumption Diesel 11,624 gallons 392,103 gallons 380,479 gallons Notes: 1. Construction was not analyzed in this table as the existing conditions does not include construction energy consumption. 2. Numbers my be slightly off due to rounding. 3. The Project would not utilize natural gas, and as such, the net change is negative. Source: Refer to Appendix A of Attachment D, Energy Assessment, for CalEEMod outputs and assumptions used in this analysis. July I y Council 28 — 454 8/6/202 e 41 South Coast Technology Center Project CEQA Exemption 15183 Table 4.6-2, Proiect and Countywide Energy Consumption, compares the Project's net change in estimated energy consumption with the County's annual energy consumption. Table 4.6-2 Project and Countywide Energy Consumption Project Net Orange County Percentage Energy Type Change Energy Annual Energy Increase Consumption' Consumption2 Countywide Electricity Consum tion3 2,012 MWh 20,243,721 MWh 0.0099% Fuel Consumption Construction Off -Road Fuel Consumption Diesel 34,671 gallons 14,182,623 gallons 0.2445% Construction On -Road Fuel Consumption 91,239 gallons 1,142,034,463 gallons 0.0080% (Gasoline) Construction On -Road Fuel Consumption 14,159 gallons 135,727,658 gallons 0.0104% (Diesel) Operational Fuel Consumption (Gasoline) -21,900 gallons 1,088,796,204 gallons -0.0020% Gasoline Operational Fuel Consumption Diesel 380,479 gallons 136,337,459 gallons 0.2791% Notes: 1. Project electricity consumptions as modeled in California Emissions Estimator Model Version 2022.1 (CaIEEMod) computer model. Project fuel consumption calculated based on CaIEEMod results. Countywide operational fuel consumption, off -road construction equipment diesel fuel consumption, and on -road fuel consumption are from CARB EMFAC2021. 2. The Project's increase in electricity consumption is compared to the total consumption in Orange County in 2022, the latest year with data available. The Project increases in construction off -road and on -road fuel consumption are compared with the projected Orange County off -road fuel consumption and Orange County on -road fuel consumption in 2024, respectively. The Project's operational automotive fuel consumption is compared with the projected countywide on -road fuel consumption in 2026. 3. Orange County electricity consumption data source: California Energy Commission, Electricity Consumption by County, http://www.ecdms.energy.ca.gov/elecbycounty.aspx, accessed March 1, 2024. 4. Construction Off -Road Diesel Fuel Consumption is based on the County's Mining/Construction Sector's fuel consumption in 2024 from CARB EMFAC Off -Road. Source: Refer to Appendix A of Attachment D, Energy Assessment, for CaIEEMod outputs and assumptions used in this analysis. As shown in Table 4.6-2, the Project's net change of operational electricity usage would constitute an approximate 0.0099 percent increase over the County's typical annual electricity consumption. The Project would not involve natural gas consumption, and therefore would result in a net decrease of natural gas consumption. The Project would consume nominal electricity and natural gas would not be consumed during construction. The Project's off -road construction equipment would use diesel and would increase the County's mining/constructions sector's diesel fuel consumption by approximately 0.2445 percent. The Project's on -road gasoline and diesel consumption during construction (hauling trips, vendor trips, and worker trips) would increase the County's gasoline and diesel consumption by approximately 0.0080 percent and 0.0104 percent, respectively. Based on the Trip Generation Assessment, the Project operations would generate approximately 386 fewer average daily trips compared to the existing conditions. However, as discussed, the Project would generate more trips from medium- and heavy-duty trucks than existing conditions, which use diesel with a lower mile per gallon efficiency rate and longer trip lengths, resulting in higher diesel fuel consumption. The Project's net change operational diesel fuel consumption would increase the County's diesel consumption by 0.2791 percent, and the Project's net change in operational gasoline would reduce the County's gasoline consumption by 0.0020 percent. Therefore, Project operation would not substantially increase Orange County's annual fuel consumption. As such, the Project's construction and operational energy consumption would be nominal compared to the County's consumption. July I y Council 28 — 455 8/6/202 e 42 South Coast Technology Center Project CEQA Exemption 15183 Construction During construction, the Project would consume energy in two general forms: (1) the fuel energy consumed by construction vehicles and equipment; and (2) bound energy in construction materials, such as asphalt, steel, concrete, pipes, and manufactured or processed materials such as lumber and glass. Construction of the Project would not consume natural gas. Fossil fuels for construction vehicles and other energy -consuming equipment would be used during demolition, grading, building construction, paving, and architectural coating. As shown in Table 4.6-2, the proposed Project's off -road fuel consumption (diesel) and on -road fuel consumption (diesel and gasoline) from construction would be approximately 34,671 gallons, 14,149 gallons, and 91,239 gallons, respectively. Consequently, the Project's off -road construction equipment diesel fuel consumption and on -road construction fuel consumption (diesel and gasoline) would increase Orange County's consumption by 0.2445 percent, 0.0104 percent, and 0.008 percent, respectively (when compared to the total consumption in 2022). During construction, the proposed Project would demolish the existing structures on -site and construct a temporary staging ground for equipment and resources. The temporary staging ground may include mobile office trailers and equipment (computers, lighting, electrical outlets, etc.) that may consume electricity. However, the electricity consumption during construction would be nominal and temporary. As such, Project construction would have a minimal effect on the local and regional energy supplies (fuel and electricity) and would not require additional capacity. Additionally, the proposed Project would comply with RR E-1, requiring that heavy-duty diesel equipment not in use for more than five minutes be turned off, as well as the latest U.S. Environmental Protection Agency (USEPA) and CARB engine emissions standards. These emissions standards require highly efficient combustion systems that maximize fuel efficiency and reduce unnecessary fuel consumption. Thus, additional energy conservation would occur during construction. Moreover, due to increasing transportation costs and fuel prices, contractors and owners have a strong financial incentive to avoid wasteful, inefficient, and unnecessary consumption of energy during construction. Substantial reductions in energy inputs for construction materials can be achieved by selecting green building materials composed of recycled materials that require less energy to produce than non -recycled materials. The project -related incremental increase in the use of energy bound in construction materials such as asphalt, steel, concrete, pipes and manufactured or processed materials (e.g., lumber and gas) would not substantially increase demand for energy compared to overall local and regional demand for construction materials. Further, it is noted that construction fuel use is temporary and would cease upon completion of construction activities. There are no unusual Project characteristics that would necessitate the use of construction equipment, or building materials, or methods that would be less energy efficient than at comparable construction sites in the region or State. Therefore, fuel energy and construction materials consumed during construction would not represent a significant demand on energy resources. Overall, consistent with the GPU PER, construction of the proposed Project would result in a less than significant impact related to wasteful, inefficient, and unnecessary consumption of energy. July i y Council 28 — 456 8/6/202 e 43 South Coast Technology Center Project CEQA Exemption 15183 Operation Transportation Energy Demand According to the Trip Generation Assessment, the proposed Project would generate approximately 1,544 total gross daily trips, and would result in approximately 386 fewer average daily trips compared to the existing conditions. However, as discussed above, the Project would result in a fleet mix that would include more medium- and heavy-duty trucks that use diesel with a lower mile per gallon efficiency rate and longer trip lengths, which would result in higher diesel fuel consumption. As indicated in Table 4.6-2, the Project would increase operational diesel fuel consumption by 380,479 gallons, but would result in a net reduction in gasoline consumption of approximately 21,900 gallons compared to existing conditions. The Project's net change in operational diesel fuel consumption would increase the County's diesel consumption by 0.2791 percent. The Project's net change in operational gasoline consumption would reduce the County's gasoline consumption by 0.0020 percent. The Project would not substantially increase the County's existing diesel and gasoline consumption. Furthermore, the Project does not propose any unusual features that would result in excessive long-term operational fuel consumption. The key drivers of transportation -related fuel consumption for the proposed Project would be heavy-duty trucks traveling to and from the Project Site and passenger vehicle and light- and medium -duty trucks trips. At the time of this analysis, it has not been determined if the ultimate tenants for the proposed buildings would operate their own fleet; most warehouse operators have no control over the trucks entering and exiting their facilities. Consequently, it is infeasible to require trucks with particular emission profiles (e.g., zero -emission [ZE], near -zero -emission [NZE], or 2010 or beyond model year trucks) for Project operations. However, the Project would be required to comply with SCAQMD Rule 2305 for warehouse uses. The Project would also consume fuel in the form of employees driving to and from the Project Site. Employee commuting factors are outside of the scope of the design of the proposed Project. Notwithstanding, the Project would include approximately 39 electric vehicle (EV) parking spaces with electrical charging stations installed; the Project would also include 27 short- and long-term bicycle parking spaces, all of which would be in compliance with the CALGreen Code. This requirement would encourage and support alternative modes of travel and thus reduce the petroleum fuel consumption. Therefore, fuel consumption associated with vehicle trips generated by the Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Overall, fuel consumption associated with vehicle trips generated by the proposed Project would not be considered inefficient, wasteful, or unnecessary in comparison to other similar developments in the region. Consistent with the GPU PEIR, impacts would be less than significant. Building Energy Demand The proposed buildings would be fully powered by electricity and no natural gas would be consumed. As shown in Table 4.6-2, operational energy (electricity) consumption from the proposed Project would represent an approximately 0.0099 percent increase over the 2022 countywide electricity consumption, which would be significantly below California Energy Commission's energy consumption forecast. Therefore, the proposed Project would not require additional energy capacity or supplies beyond what was analyzed for the GPU PEIR. Additionally, the proposed Project would consume energy during the same time periods as other commercial and light industrial developments and would consume energy evenly throughout the day. Thus, July i y Council 28 — 457 8/6/202 e 44 South Coast Technology Center Project CEQA Exemption 15183 the proposed Project would not result in unique or more intensive peak or base period electricity demand. The proposed Project would comply with RR E-3, requiring new buildings to achieve the current California Building Energy and Efficiency Standards and comply with the CALGreen Code. Moreover, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent. Title 24 Building Energy Efficiency Standards are updated every 3-year and become more stringent between each update, as such, complying with the most current Title 24 standards would make the proposed Project more energy efficient than the existing buildings built under the earlier versions of the Title 24 standards. Additionally, the proposed Project would comply with RR E-4 and install high efficiency appliances. The electricity provider for the City, Southern California Edison, is subject to California's RPS reflected in Senate Bill (SB) 100. The RPS requires investor -owned utilities, electric service providers, and community choice aggregators to increase procurement from eligible renewable energy resources to 44 percent by the end of 2024, 52 percent by the end of 2027, 60 percent of total procurement by 2030, and 100 percent of total procurement by 2045. Renewable energy is generally defined as energy that comes from resources which are naturally replenished within a human timescale such as sunlight, wind, tides, waves, and geothermal heat. The increase in reliance of such energy resources further ensures that new development projects will not result in the waste of the finite energy resources. Therefore, by using electricity from SCE, the Project would be in compliance with RR E-5. As a result, the Project would ensure that energy consumption would be kept to a minimum through high efficiency lighting, energy efficient appliances, and potential on -site renewable energy production (i.e., solar -ready roofs). Therefore, consistent with the GPU PEIR, the Project would not cause wasteful, inefficient, and unnecessary consumption of building energy during Project operation, or preempt future energy development or conservation. A less than significant impact would occur in this regard. Impact Summary Based on the above, the Project's impact related to wasteful, inefficient, or unnecessary consumption of energy resources, during Project construction or operation would be less than significant. Project construction and operation would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to energy consumption would be less than significant. Therefore, no new project -specific mitigation measures are required. CONSISTENCY WITH APPLICABLE ENERGY PLANS State and regional plans for renewable energy and energy efficiency include the California Energy Commission's Integrated Energy Policy Report (IEPR), Title 24 standards and CALGreen Code, California's RPS, and the City's CAP. As discussed above, the net change in operational electricity consumption from the proposed Project would represent an approximately 0.0099 percent increase in electricity consumption over the current countywide usage, which would be significantly below California Energy Commission's forecasts in the 2023 IEPR (i.e., forecasted baseline electricity consumption grows at a rate of about 1.7 percent annually through 2040); refer to Table 4.6-2. Therefore, the Project would be consistent with the California Energy Commission's 2023 IEPR. Further, the proposed Project would exceed the most current Title 24 (2022 Title 24) by approximately 10 percent. The Project would also comply with the CALGreen Code which requires that new buildings employ water efficiency and conservation, increase building system efficiencies (e.g., lighting, HVAC, and plumbing fixtures), divert construction July i y Council 28 — 458 8/6/202 e 45 South Coast Technology Center Project CEQA Exemption 15183 waste from landfills, and incorporate electric vehicles charging infrastructure. Specifically, the Project would install energy efficient appliances and high efficiency appliances. Implementation of the most current Title 24 standards would substantially reduce energy usage. Additionally, per the RPS, the Project would utilize electricity that would achieve 60 percent of total procurement by 2030, and 100 percent renewable energy by 2045. As such, the Project would comply with state energy plans including the 2023 IEPR, the most current Title 24, as well as the CALGreen Code, and California's RPS. In addition, the Project's proposed industrial use is consistent with the Project Site's Industrial land use designation in the City's General Plan. Therefore, the proposed Project would be consistent with the City's General Plan Update, including the goals and policies related to energy and energy efficiency. As discussed above, the GPU PEIR determined that the City's General Plan Update is consistent with California's RPS and the City's CAP for reducing energy usage and implementing energy efficiency, and impacts would be less than significant. Moreover, the Project would be required to comply with RR E-1 through RR E-1 identified in the GPU PEIR. Therefore, since the proposed Project is consistent with the General Plan Update, the Project would also be consistent with California's RPS and the City's CAP. Therefore, consistent with the GPU PEIR, the proposed Project would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency and impacts would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to the conflict or obstruction of a state or local plan for renewable energy or energy efficiency would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.6.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR E-1 through RR E-5 and RR E-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEI R did not analyze, and there are no new significant or substantially more severe energy impacts than anticipated by the GPU PEIR. 4.6.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR E-1 Construction activities will be conducted in compliance with California Code of Regulations Section 2485, which requires that nonessential idling of construction equipment be restricted to five minutes or less. RR E-2 At least 65 percent of all nonhazardous construction and demolition waste from nonresidential construction associated with future development in the plan area shall be recycled and/or salvaged for reuse in line with the 2016 California Green Building Standards Code Section 5.408 (California Code of Regulations, Title 24, Part 11). RR E-3 New buildings implemented as part of the General Plan Update are required to achieve the current California Building Energy and Efficiency Standards (California Code of Regulations, Title 24, Part 6) and California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). RR E-4 Any appliances associated with development in the Plan Area shall meet the requirements of the 2012 Appliance Efficiency Regulations. July i y Council 28 — 459 8/6/202 e 46 South Coast Technology Center Project CEQA Exemption 15183 RR E-5 Development under the General Plan Update shall support the goals of the renewables portfolio standard, SB 350, and SB 100 to achieve a tiered increase in the use of renewable energy to 60 percent by 2030, and 100 percent by 2045. RR E-7 Development under the General Plan Update shall be in compliance with state and local solid waste regulations including AB 939, AB 341, AB 1327, AB 1826, and Section 5.408 of 2016 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11). 4.7 Geology and Soils 4.7.1 GPU PEIR Findings The GPU PEIR concluded that future development under the General Plan Update would be subject to potential seismic -related hazards including strong seismic ground shaking, seismic - related ground failure (including liquefaction), and landslides. Further, development associated with the General Plan Update could result in unstable geologic unit or soil conditions, including soil erosion, expansive soils, settlement and collapse, and subsidence. However, implementation of RR G-1, through RR G-3 would reduce impacts to less than significant levels. Specifically, RR G-1 and RR G-2 require development to comply with the most recent version of the California Building Code and SAMC Chapter 8, Buildings and Structures, and RR G-3 requires all buildings or structures within the City that require plumbing fixtures to be connected to a public sewer per SAMC Section 39-51, Mandatory Connections. The GPU PEIR also concluded that development under the General Plan Update could impact known and unknown paleontological resources through grading and construction activities of undeveloped areas or redevelopment that requires more intensive soil excavation than in the past. Therefore, GPU PEIR MM GEO-1 through MM GEO-3 require monitoring based on the sensitivity level of sites for paleontological resources. Overall, the GPU PEIR concluded that implementation of regulatory requirements and MM GEO- 1 through MM GEO-3 would reduce geology and soil impacts to less than significant levels. 4.7.2 Project Analysis The following section evaluates potential impacts to geology and soils that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment E-1, Geotechnical Design Report, Attachment E-2, Geotechnical Review of Shallow Groundwater and Potential Dewatering during Grading and Construction (Groundwater Memorandum), and Attachment C, Cultural and Paleontological Resources Identification Memorandum (Cultural Memorandum). The Project Site is located in a seismically active area, as is most of southern California. However, the Project Site is not located within a state -designated Alquist-Priolo Fault Hazard Zone. No active faults are known to cross the Project Site. The nearest fault to the Project Site is the San Joaquin Hills Blind Thrust Fault, located approximately 2.6 miles south of the site. The potential for ground rupture due to an earthquake is considered very low. However, the site is located in a seismic hazard zone for liquefaction potential. According to the Groundwater Memorandum, although the design high groundwater in the area is 5 feet deep based on historic levels in the area, the existing shallow groundwater at the Project Site is currently 10 to 15 feet deep based on borings, trenches and other data. Thus, groundwater is not expected to be encountered during excavation activities for the proposed buildings. Wet soil and some groundwater are generally anticipated only for the sewer connection excavation in the street. Based on the subsurface investigation performed as part of the Geotechnical Design Report, types of soils that underlie the site (clayey, silty, sandy alluvium) and the depth of groundwater, the risk for liquefaction at the July i y Council 28 — 460 8/6/202 e 47 South Coast Technology Center Project CEQA Exemption 15183 Project Site was deemed low to moderate and the risk for lateral spread was determined to be low. Additionally, based on the laboratory test results and a visual classification of the on -site soils, the expansion potential of the soils vary from very low to medium; however, clayey soils onsite may have a high expansion potential. Consistent with the GPU PER, implementation of RR G-1 and RR G-2 would reduce impacts related to liquefaction, soil expansion, collapse, and subsidence to less than significant levels. Moreover, the proposed Project would be constructed based on the recommendations of the Geotechnical Design Report. Based on the above analysis, and consistent with the GPU PER, with compliance with existing regulations, the Project's impacts related to rupture of a known earthquake fault, strong seismic ground shaking, seismic - related ground failure (including liquefaction), landslides, lateral spreading, subsidence, and collapse would be less than significant. As such, no new project -specific mitigation measures are required. Construction of the proposed Project would involve ground -disturbing activities that could result in erosion. As further discussed in Section 4.10, Hydrology and Water Quality, the proposed Project would comply with regulatory requirements, such as the Construction General Permit and implementation of a Water Quality Management Plan, during construction and operation, which would reduce the potential for erosion to occur. Consistent with the General Plan, compliance with existing regulations including implementation of regulatory requirements would ensure the proposed Project would not result in a significant impact related to erosion. No new or substantially more severe impacts would occur compared to the determinations of the GPU PER, and no new project -specific mitigation measures are required. In compliance with RR G-3, construction and operation of the proposed Project would not involve the use of septic tanks or alternative wastewater disposal systems. As such, compliance with existing regulatory requirements would ensure no impact related to the use of such systems would occur. With regards to paleontological resources, in compliance GPU PER MM GEO-2, consultation with a paleontologist confirmed that project -related grading could occur at depths that could encounter highly sensitive sediments for paleontological resources. Based on the Cultural Memorandum, geologic units underlying the Project area have been mapped as Holocene alluvial deposits (Qal), late Holocene to late Pleistocene -age young Quaternary deposits (Qya), Holocene to late Pleistocene -age young axial -channel deposits (Qyas), and Holocene to late Pleistocene - age young alluvial deposits (Qya). Deposits from the Holocene epoch (less than 11,700 years ago) can contain remains of animals and plants; however, only those from the middle to early Holocene (older than about 5,000 radiocarbon years) are considered scientifically important or significant. Holocene -age deposits may overlie older alluvium of Pleistocene age at unknown but potentially shallow depths. Pleistocene -age alluvial deposits are also potentially present in the Project area and have yielded scientifically important fossils elsewhere in the region, including horses, camels, reptiles, birds, marine mammals, and fish at various depths below current ground surface. Moreover, based on a records search of the Natural History Museum of Los Angeles County and a supplemental investigation of online sources, 13 fossil localities were identified within five miles of the Project Site. Thus, while the Holocene -age deposits in the Project area have low sensitivity, Pleistocene -age alluvial sediments may underlie these younger sediments at a relatively shallow depth. The records search results indicate that potentially fossil -baring units may underlie the Project area, since Pleistocene -age deposits outside of the Project area have contained fossils. Therefore, sediments in the Project area are considered to have paleontological sensitivity increasing with depth, or low -to -high sensitivity, suggesting that project -related ground - disturbing activities have the potential to destroy or otherwise adversely impact significant paleontological resources below young Holocene -age soils at unknown depths within the Project July i y Council 28 — 461 8/6/202 e 48 South Coast Technology Center Project CEQA Exemption 15183 area. Therefore, in compliance GPU PEIR MM GEO-2, the proposed Project would conduct spot- check monitoring during construction to identify potential fossils and the Iithological transition to Pleistocene sediments. If Pleistocene -aged sediments are discovered at depth, monitoring shall transition to full-time as ground -disturbing activities occur at or below this identified depth because these Pleistocene units have been identified as high sensitivity for paleontological resources. Additionally, the proposed Project would comply with GPU PEIR MM GEO-3, which requires work be halted within a 50-foot radius in case of a fossil discovery. Consistent with the GPU PEIR, less than significant impacts related to paleontological resources would occur after the implementation of GPU PEIR mitigation measures. 4.7.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR G-1 and RR G-2, MM GEO-2, and MM GEO-3 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project - specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to geology and soils than anticipated by the GPU PEIR. 4.7.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR G-1 Every public agency enforcing building regulations must adopt the provisions of the California Building Code (CBC), which is Title 24, Part 2 of the California Code of Regulations. The most recent version is the 2019 CBC (effective January 1, 2020). The CBC is updated every three years and provides minimum standards to protect property and public safety by regulating the design and construction of excavations, foundations, building frames, retaining walls, and other building elements to mitigate the effects of seismic shaking and adverse soil conditions. The CBC also contains provisions for earthquake safety based on factors including occupancy type, the types of soil and rock on -site, and the strength of ground shaking with specified probability of occurring at a site. RR G-2 Santa Ana Municipal Code, Chapter 8, Buildings and Structures. These codes address grading standards, excavation, and fills. This also includes compliance with regulations for unreinforced masonry structures in accordance with "Unreinforced Masonry Law," found in California Government Code §§ 8875 et seq. The City of Santa Ana Building Official may place additional requirements upon the construction of infrastructure, buildings, and other improvements based on the findings from plan check, soils testing, and geotechnical investigations. RR G-3 Santa Ana Municipal Code Section 39-51 requires that all buildings or structures within the city that require plumbing fixtures must be connected to a public sewer. MM GEO-219 Low -to -High Sensitivity. Prior to issuance of a grading permit for projects involving ground disturbance in previously undisturbed areas mapped with "low -to -high" paleontological sensitivity (see Figure 5.6-3), the project applicant shall consult with a geologist or paleontologist to confirm whether the grading would occur at depths that could encounter highly sensitive sediments for paleontological resources. If confirmed that underlying sediments may have high sensitivity, 19 The Cultural and Paleontological Resources Identification Memorandum (Attachment C) was prepared in part to fulfill the requirements of GPU PEIR MM GEO-2. July I y Council 28 — 462 8/6/202 e 49 South Coast Technology Center Project CEQA Exemption 15183 construction activity shall be monitored by a qualified paleontologist. The paleontologist shall have the authority to halt construction during construction activity as outlined in Mitigation Measure GEO-3. MM GEO-3 All Projects. In the event of any fossil discovery, regardless of depth or geologic formation, construction work shall halt within a 50-foot radius of the find until its significance can be determined by a qualified paleontologist. Significant fossils shall be recovered, prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and deposited in a designated paleontological curation facility in accordance with the standards of the Society of Vertebrate Paleontology (2010). The most likely repository is the Natural History Museum of Los Angeles County. The repository shall be identified and a curatorial arrangement shall be signed prior to collection of the fossils. 4.8 Greenhouse Gas Emissions 4.8.1 GPU PEIR Findings According to the analysis the GPU PEIR, if project greenhouse gas (GHG) emissions are below the annual 3,000 metric tons of carbon dioxide equivalents (MTCO2e) bright -line screening threshold, GHG emissions impacts would be considered less than significant. The GPU PEIR determined that buildout of the General Plan Update would result in a net decrease of 255,878 MTCOze of GHG emissions (12 percent decrease in GHG emissions) from existing conditions and would not exceed the annual 3,000-MTCO2e SCAQMD bright -line screening threshold. In addition, the GPU PEIR determined that buildout of the General Plan Update would decrease GHG emissions per service population from 4.8 MTCOze per capita for the existing baseline year to 3.5 MTCOze per capita in horizon year 2045, despite an increase in population and employment in the City; this reduction in GHG emissions is attributed to regulations adopted to reduce GHG emissions and turnover of California's on -road vehicle fleets. However, the GPU PEIR also analyzed the potential for conflict with the GHG reduction goals established under Executive Order S-03-05, which required a statewide GHG emissions reduction from existing conditions to achieve a 40-percent reduction by 2030 and an 80-percent reduction by 2050. For the buildout year of the General Plan Update of 2045, the goal would be a 70-percent reduction compared to 2020 levels. Accordingly, the GPU PEIR determined that, even though implementation of the General Plan Update would result in a decrease in GHG emissions in 2045 from existing baseline year, the reduction would only be 12 percent and would not meet the long-term GHG reduction goal of 70 percent under Executive Order S-03-05. The GPU PEIR included a mitigation measure to require the City to update the CAP every 5 years to ensure that the City is tracking and monitoring its GHG emissions to chart a trajectory to achieve the long-term year 2050 GHG reduction goal set by Executive Order S-03-05. Nonetheless, because the City has not established a plan past 2030 that identifies major advancement in technology to allow the City to meet the goal of the executive order, the GPU PEIR concluded that impacts would be significant and unavoidable. The GPU PEIR also acknowledged that the mitigation measure (GPU PEIR MM GHG-1) is not a project -specific mitigation measure or directly related to development projects. Related to consistency with applicable GHG plans, the GPU PEIR acknowledged that the General Plan includes goals and policies that were adopted for the purpose of reducing GHG emissions, including those that (1) would help reduce GHG emissions and achieve GHG reduction goals, (2) target transportation management and land use planning that would result in VMT reduction throughout the City, and (3) support sustainable practices that would encourage the use of renewable energy sources and reduction in energy consumption. Accordingly, the GPU PEIR concluded that the General Plan Update would not obstruct implementation of the CARB Scoping July i y Council 28 — 463 8/6/202 e 50 South Coast Technology Center Project CEQA Exemption 15183 Plan, SCAG 2020-2045 RTP/SCS, the City's CAP, and, as such, impacts related to consistency with plans, policies, and regulations adopted for the purpose of reducing GHG emissions would be less than significant. 4.8.2 Project Analysis The following section evaluates the potential GHG impacts that would result from implementation of the proposed Project. This analysis is primarily based upon Attachment F, Greenhouse Gas Emissions Assessment. SIGNIFICANCE CRITERIA AND METHODOLOGY The significance determination for Impact 5.7-1 of the GPU PEIR focused on whether programmatic buildout of the General Plan Update would meet the long-term GHG reduction goal under Executive Order S-03-05, which does not fully align with the project -specific analysis presented below. However, as mentioned in the GPU PEIR, if specific project developments would result in emissions below the 3,000 MTCOze bright -line threshold, impacts would be considered less than significant. CEQA Guidelines Section 15064.4 recommends that lead agencies quantify GHG emissions of projects and consider several other factors that may be used in the determination of significance of GHG emissions from a project, including the extent to which the project may increase or reduce GHG emissions, whether a project's emissions exceeds an applicable significance threshold, and the extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of GHG emissions. However, CEQA Guidelines Section 15064.4 does not establish a threshold of significance. CEQA Guidelines Section 15064.7 provides lead agencies the discretion to establish significance thresholds for their respective jurisdictions, and in establishing those thresholds, a lead agency may appropriately look to thresholds developed by other public agencies or suggested by other experts, if any threshold chosen is supported by substantial evidence. The City has adopted a CAP; however, the CAP does not contain a numerical significance threshold for assessing impacts related to GHG emissions. Similarly, the SCAQMD, the Governor's Office of Planning and Research, CARB, California Air Pollution Control Officers Association (CAPCOA), or any other state or applicable regional agency has yet to adopt a numerical significance threshold for assessing GHG emissions that is applicable to the Project. The SCAQMD formed a GHG CEQA Significance Threshold Working Group (Working Group) to provide guidance to local lead agencies on determining significance for GHG emissions in their CEQA documents and was proposing to adopt a tiered approach for evaluating GHG emissions for development projects where SCAQMD is the lead agency as of the last Working Group meeting (Meeting No.15) held in September 2010; the Working Group identified a "bright -line" screening -level threshold of 3,000 MTCOze annually for new development projects in the residential/commercial sectors and a threshold of 10,000 MTCOze annually for industrial projects, which includes construction emissions amortized over 30 years and added to operational GHG emissions. However, the proposed thresholds were based on the State's GHG emissions reduction goal identified in Assembly Bill (AB) 32 for the year 2020, which is outdated, and SCAQMD never formally adopted the 3,000 MTCOze threshold for new residential and commercial projects. The 10,000 MTCOze threshold was adopted for industrial projects where SCAQMD is the lead agency. Impacts of climate change are experienced on a global scale regardless of the location of GHG emission sources, and therefore, a numerical significance threshold for individual development projects is speculative. Throughout the State, air districts are moving from numerical significance July i y Council 28 — 464 8/6/202 e 51 South Coast Technology Center Project CEQA Exemption 15183 thresholds to qualitative significance thresholds that focus on project features to reduce GHG emissions or consistency with GHG reduction plans. For example, in the Bay Area Air Quality Management District (BAAQMD) 2022 CEQA Guidelines, the GHG thresholds of significance are either whether land use projects include certain project design elements related to buildings and transportation or whether the project is consistent with a local GHG reduction strategy that meets the criteria under State CEQA Guidelines Section 15183.5(b). This is a major update to BAAQMD's 2017 CEQA Guidelines, where a numerical significance threshold was required. To reduce GHG emissions impact, it is more effective for development projects to include project features that directly or indirectly reduce GHG emissions, than relying on a numerical significance threshold, which is highly dependent on the type and size of the development. Therefore, the significance of the Project's potential impacts regarding GHG emissions and climate change is assessed solely on its consistency with plans and policies adopted for the purposes of reducing GHG emissions and mitigating the effects of climate change and the Project's ability to incorporate sustainable features and strategies from such plans and policies in its design to reduce GHG emissions. The analysis has also quantified the Project's GHG emissions and compared them to the SCAQMD bright -line screening thresholds for informational purposes. It should be noted that individual projects do not generate sufficient GHG emissions to directly influence climate change. However, physical changes caused by a project can contribute incrementally to significant cumulative effects, even if individual changes resulting from a project are limited. As a result, the issue of climate change typically involves an analysis of whether a project's contribution towards an impact would be cumulatively considerable. According to CEQA Guidelines Section 15064(h)(1), "cumulatively considerable" means that the incremental effects of an individual project are significant when viewed in connection with the effects of past projects, other current projects, and probable future projects. Per CEQA Guidelines Section 15064(h)(3), a project's incremental contribution to a cumulative impact can be found not cumulatively considerable if the project would comply with an approved plan or mitigation program that provides specific requirements that would avoid or substantially lessen the cumulative problem in the geographic area of the project. To qualify, such plans or programs must be specified in law or adopted by the public agency with jurisdiction over the affected resources through a public review process to implement, interpret, or make specific the law enforced or administered by the public agency. Examples of such programs include a water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, habitat conservation plan, natural community conservation plans, and plans or regulations for the reduction of GHG emissions. Therefore, a lead agency can make a finding of less than significant for GHG emissions if a project complies with adopted programs, plans, policies, and/or other regulatory strategies to reduce GHG emissions. PROJECT -RELATED GHG EMISSIONS As discussed above, the Project's GHG emissions are quantified for informational purposes only as neither the City, nor any other public agency, has an applicable numeric significance threshold for GHG emissions. CalEEMod was used to model the GHG emissions from existing buildings and to calculate project -related GHG emissions, including direct and indirect GHG emissions. Table 4.8-1, Existing Greenhouse Gas Emissions, presents the current GHG emission from the existing buildings. July i y Council 28 — 465 8/6/202 e 52 South Coast Technology Center Project CEQA Exemption 15183 Table 4.8-1 Existing Greenhouse Gas Emissions Source COz CHa I N20 I Refrigerants I CO2e Metric Tons/Year' Direct Emissions Mobile Source 1,401.00 0.07 0.06 2.54 1,423.00 Area Source 6.76 < 0.005 < 0.005 0.00 6.79 Refrigerants 0.00 0.00 0.00 0.07 0.07 Total Direct Emissions 1,407.76 0.07 0.06 2.61 1,429.86 Indirect Emissions Energy 1,130.00 0.08 0.01 0.00 1,134.00 Water 63.30 1.03 0.02 0.00 96.60 Solid Waste 14.80 1.48 0.00 0.00 51.70 Total Indirect Emissions 1,208.10 2.59 0.03 0.00 1,282.30 Total Existing Emissions 2,712.16 MTCO2e Notes: 1. Emissions calculated using Cal EEMod Version 2022.1; totals maybe slightly off due to rounding. Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis The proposed Project would result in GHG emissions during both construction and operation. Construction of the proposed Project is anticipated to take approximately 16 months to complete. The construction activities would include demolition, grading, building construction, paving, and architectural coating. Table 4.8-2, Project's Greenhouse Gas Emissions, presents the estimated GHG emissions associated with the proposed Project.20 Table 4.8-2 Project's Greenhouse Gas Emissions Source COz CHa I N20 I Refrigerants I CO2e Metric Tons/ ear' Direct Emissions Construction amortized over 30 years)2 32.83 <0.01 <0.01 0.02 33.43 Mobile Source3 5,022.00 0.27 0.63 6.29 5,223.00 Area Source 6.59 <0.01 <0.01 0.00 6.62 Refrigerants 0.00 0.00 0.00 14.00 14.00 Total Direct Emissions 5,060.46 0.27 0.63 20.31 5,277.05 Indirect Emissions Energy 1,376.00 0.09 0.01 0.00 1,381.00 Water 134.00 2.21 0.05 0.00 205.00 Solid Waste 8.99 0.90 0.00 0.00 31.50 Total Indirect Emissions 1,518.99 3.20 0.06 0.00 1,617.50 Total Project -Related Emissions 6,894.55 MTCO2e Notes: 1. Emissions calculated using Cal EEMod Version 2022.1; totals maybe slightly off due to rounding. 2. Total Project construction GHG emissions equate to 1,003 MTCO2e. Value shown is amortized over the lifetime of the proposed Project (assumed to be 30 years). 3. Based on the Trip Generation Assessment prepared by Linscott, Law & Greenspan Engineers (dated January 2, 2024), the Project would result in a net decrease of 386 gross daily trips compared to existing conditions; refer to Attachment K. Nonetheless, zero additional trips are inputted for a conservative analysis. Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis 20 Modeling was performed for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the modeling, the total building square footage has been reduced to 313,244 square feet. Therefore, the Project's GHG emissions inventory is conservative. July I y Council 28 - 466 8/6/202 e 53 South Coast Technology Center Project CEQA Exemption 15183 The Project's GHG emissions are compared to the current GHG emissions from the existing buildings. Table 4.8-3, Net Change In Greenhouse Gas Emissions, presents the estimated net change in GHG emissions from the proposed Project compared to the existing conditions. Table 4.8-3 Net Change in Greenhouse Gas Emissions Source Metric Tons/Year Total Existing Emissions' 2,712.16 MTCO2e Total Project -Related Emissions2 6,894.55 MTCO2e Net Change in Emissions3 4,182.39 MTCO2e per year Notes: 1. Based on numbers presented in Table 4.8-1, Existing Greenhouse Gas Emissions. 2. Based on numbers presented in Table 4.8-2, Proiect's Greenhouse Gas Emissions. 3. To determine the net emissions resulting from the proposed Project, emissions from the existing conditions was deducted from emissions from the proposed Project (which includes construction emissions as shown in Table 4.8-2). Source: Refer to Appendix A of Attachment F, Greenhouse Gas Emissions Assessment, for assumptions used in this analysis Direct Project -Related Sources of Greenhouse Gases Construction Emissions. The proposed Project would result in a total of 1,003 MTCO2e of emissions during construction. The analysis considers the net change in GHG emissions (proposed Project minus existing conditions). However, the existing conditions does not include any construction activities. Construction GHG emissions are amortized over 30 years (i.e., total construction emissions divided by the lifetime of the Project, assumed to be 30 years), then added to the operational emissions, as recommended by SCAQMD.21 The amortization takes into consideration the temporary nature of construction activities. As shown in Table 4.8-2, construction of the proposed Project would generate approximately 33.43 MTCO2e of emissions per year when amortized over 30 years. Mobile Source. Based on the Attachment K, Trip Generation Assessment, the Project would result in a net decrease of 386 gross daily trips compared to existing conditions. The existing buildings currently generate approximately 1,423 MTCO2e of mobile source emissions per year while the proposed Project would generate approximately 5,223 MTCO2e of mobile source emissions per year; refer to Table 4.8-1 and Table 4.8-2. Additionally, as a conservative analysis, daily trips on weekends were assumed to be zero under the existing conditions, as the existing uses on -site are commercial offices and are assumed not to operate on weekends. As such, the net increase in GHG emissions from mobile emissions would be approximately 3,800 MTCO2e of emissions per year. Area Source. Area source emissions would be generated due to an increased demand for consumer products, architectural coating, and landscaping associated with the development of the proposed Project. The existing buildings currently generate approximately 6.79 MTCO2e of area source emissions per year while the proposed Project would generate approximately 6.62 MTCO2e of area source emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net change in GHG emissions from area sources would result in a net decrease of 0.17 MTCO2e of emissions per year (i.e., the proposed Project would result in less area source emissions than the existing conditions). 21 The Project lifetime is based on the standard 30-year assumption of the South Coast Air Quality Management District (South Coast Air Quality Management District, Draft Guidance Document— Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008). July I y Council 28 — 467 8/6/202 e 54 South Coast Technology Center Project CEQA Exemption 15183 Refrigerants. Refrigerants are substances used in equipment for air conditioning and refrigeration. Most of the refrigerants used today are hydrofluorocarbons or blends thereof, which can have high global warming potential values. All equipment that uses refrigerants has a charge size (i.e., quantity of refrigerant the equipment contains), and an operational refrigerant leak rate, and each refrigerant has a global warming potential that is specific to that refrigerant. CalEEMod quantifies refrigerant emissions from leaks during regular operation and routine servicing over the equipment lifetime, and then derives average annual emissions from the lifetime estimate. The use of refrigerants in the existing buildings currently generates approximately 0.07 MTCO2e of emissions per year while the proposed Project would generate approximately 14.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from refrigerants would be approximately 13.93 MTCO2e of emissions per year. Indirect Project -Related Sources of Greenhouse Gases Energy Consumption. The proposed Project would construct and operate three new Class A industrial buildings for office, manufacturing, and/or warehouse use. According to the Project applicant, the proposed buildings would not consume natural gas during operation. Additionally, according to the Project applicant, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent; however, as a conservative analysis, this project design feature was not incorporated in the modeling. The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Additionally, the Project would also include solar -ready roofs for all buildings. The energy consumption of the existing buildings currently generates approximately 1,134.00 MTCO2e of emissions per year while the energy consumption of the proposed Project would generate approximately 1,381.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from energy consumption would be approximately 247.00 MTCO2e of emissions ep r year. Water Demand. According to CalEEMod, the existing buildings consume approximately 31,641,228 gallons of indoor water per year, and 1,040,873 gallons of outdoor water per year (i.e., for landscaping). The Project would consume approximately 67,762,532 gallons of indoor water per year, and 593,833 gallons of outdoor water per year (i.e., for landscaping). The Project would install water -efficient irrigation systems and drought -tolerant landscaping, as accounted for in CalEEMod. The existing water demand currently generates approximately 96.60 MTCO2e of emissions per year while the water demand for the proposed Project would generate approximately 205.00 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net increase in GHG emissions from water demand would be approximately 108.40 MTCO2e of emissions per year. Solid Waste. The existing buildings currently generate approximately 51.70 MTCO2e of emissions per year from solid waste while the proposed Project would generate approximately 31.50 MTCO2e of emissions per year; refer to Table 4.8-1 and Table 4.8-2. As such, the net change in GHG emissions from solid waste would result in a net decrease of 20.20 MTCO2e of emissions per year (i.e., the proposed project would result in less emissions from solid waste than the existing conditions). July i y Council 28 — 468 8/6/202 e 55 South Coast Technology Center Project CEQA Exemption 15183 Total Net Change in Greenhouse Gases As shown in Table 4.8-3, the total net change in GHG emissions for the proposed Project and existing conditions from direct and indirect sources combined would be approximately 4,182.39 MTCO2e per year. This net change in GHG emissions would exceed the SCAQMD 3,000 MTCO2e per year screening threshold previously postulated, but not adopted, for residential or commercial development and would not exceed the SCAQMD 10,000 MTCO2e per year threshold for stationary sources and industrial developments. However, the 3,000 MTCO2e threshold was never formally adopted by SCAQMD and is not applicable to the Project since it is not a new development in the residential or commercial sector. Further, although adopted by SCAQMD, the 10,000 MTCO2e threshold is also not directly applicable to the Project since SCAQMD is not the lead agency. As such, these thresholds are discussed in this analysis for informational purposes. Moreover, the significance of the Project's potential impacts regarding GHG emissions and climate change is not determined by the SCAQMD bright -line screening thresholds, but by the Project's consistency with applicable plans, which is discussed in more detail below. CONSISTENCY WITH APPLICABLE PLANS Since the certification of the GPU Final PER, CARB has adopted the 2022 Scoping Plan. As discussed above, although SCAG has approved the Connect SoCal 2024, CARB has not certified it and the GPU PEIR analyzed consistency with SCAG's 2020-2045 RTP/SCS. Furthermore, the GPU PER analyzed consistency with the 2020-2045 RTP/SCS. As such, to be consistent with the GPU PER, this assessment analyzes the Project's consistency with the 2020-2045 RTP/SCS. Accordingly, the proposed Project is evaluated for consistency with the CARB 2022 Scoping Plan, SCAG's 2020-2045 RTP/SCS, and the City's GPU and CAP, as presented below. Consistency with the 2022 Scoping Plan The 2022 Scoping Plan identifies reduction measures necessary to achieve the goal of carbon neutrality by 2045 or earlier. Actions that reduce GHG emissions are identified for each AB 32 inventory sector. Provided in Table 4.8-4, Consistency with the 2022 Scoping Plan: AB 32 Inventory Sectors, is an evaluation of applicable reduction actions/strategies by emissions source category to determine how the Project would be consistent with or exceed reduction actions/strategies outlined in the 2022 Scoping Plan.22 As shown therein, the proposed Project would be consistent with the applicable GHG emission reduction strategies contained in the 2022 Scoping Plan. 22 Not all actions contained in the 2022 Scoping Plan are included in the analysis as they are not applicable to the Project. The Project is not an aviation, port, rail, oil and gas, petroleum refining, energy generating, food producing, industrial, agricultural, or retrofit project. July I y Council 28 — 469 8/6/202 e 56 South Coast Technology Center Project CEQA Exemption 15183 Table 4.8-4 Consistency with the 2022 Scoping Plan: AB 32 Inventory Sectors Actions and Strategies Project Consistency Analysis Smart Growth / Vehicles Miles Traveled VMT Reduce VMT per capita to 25% below Consistent. Based on the Trip Generation Assessment provided as 2019 levels by 2030, and 30% below Attachment K, the proposed Project would result in less operational trips 2019 levels by 2045 than those from existing land uses. In particular, the proposed Project would result in 1,212 passenger vehicle trips (employee commuting) compared to the existing 1,930 average daily trips. The proposed Project would also include 27 short-term and 27 long-term bike parking spaces as well as electric vehicle (EV) charging stations in accordance with Title 24 standards. Additionally, the Project would include vanpool/carpool parking spaces in accordance with a CALGreen voluntary measure (Appendix A5, Nonresidential Voluntary Measures). As such, the proposed Project would encourage alternative modes of transportation and would include land uses that would reduce total VMT. Thus, the Project would be consistent with the action. New Residential and Commercial Buildings All electric appliances beginning 2026 Consistent. The Project would be all electric and would not consume (residential) and 2029 (commercial), natural gas. Furthermore, the Project would exceed Title 24 standards by contributing to 6 million heat pumps 10 percent which would reduce energy consumption. As such, the installed statewide by 2030 proposed Project would be consistent with this action. Construction Equipment Achieve 25% of energy demand Not Applicable. The City of Santa Ana has not adopted an ordinance or electrified by 2030 and 75% electrified program requiring electricity -powered construction equipment. However, if by 2045 adopted, the proposed Project would be required to comply with such regulation. As such, the proposed Project would be consistent with this action. Non -combustion Methane Emissions Divert 75% of organic waste from Consistent. SB 1383 establishes targets to achieve a 50 percent reduction landfills by 2025 in the level of Statewide organic waste disposal from 2014 levels by 2020 and a 75 percent reduction by 2025. The law establishes an additional target that no less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The Project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the Project would be consistent with this action. Source: California Air Resources Board, 2022 Scoping Plan, November 16, 2022. Consistency with the 2020-2045 RTP/SCS On September 3, 2020, the Regional Council of SCAG formally adopted the 2020-2045 RTP/SCS. The 2020-2045 RTP/SCS includes performance goals that were adopted to help focus future investments on the best -performing projects, as well as different strategies to preserve, maintain, and optimize the performance of the existing transportation system. The 2020-2045 RTP/SCS is forecast to help California reach its GHG reduction goals by reducing GHG emissions from passenger cars by 8 percent below 2005 levels by 2020 and 19 percent by 2035 in accordance with the most recent CARB targets adopted in March 2018. Five key SCS strategies are included in the 2020-2045 RTP/SCS to help the region meet its regional VMT and GHG reduction goals, as required by the State. Table 4.8-5, Consistency with the 2020-2045 RTP/SCS, provides a consistency analysis of the Project with these five 2020-2045 RTP/SCS strategies. As shown therein, the proposed Project would be consistent with the GHG emission reduction strategies contained in the 2020-2045 RTP/SCS. As mentioned above, the latest 2024-2050 RTP/SCS was adopted on April 4, 2024. However, CARB concluded that the technical methodology SCAG used to quantify the GHG emission reductions for the Connect 2024-2050 RTP/SCS does not operate July I y Council 28 — 470 8/6/202 e 57 South Coast Technology Center Project CEQA Exemption 15183 accurately. SCAG is currently working on updating the technical methodology and resubmitting for CARB's review. Until CARB approves the methodology, the 2024-2050 RTP/SCS is not a fully adopted document, especially from the GHG reduction perspective of the proposed strategies. As such, the consistency analysis relies upon the 2020-2045 RTP/SCS. Nevertheless, the Project is located in a HQTA and supports alternative transportation methods and electric vehicles by providing supporting infrastructure and facilities on -site, which would ensure the Project's consistency with the strategies in the 2024-2050 RTP/SCS. Table 4.8-5 Consistency with the 2020-2045 RTP/SCS Reduction Strategy Applicable Project Consistency Analysis Land Use Tools Focus Growth Near Destinations and Mobility Options • Emphasize land use patterns that facilitate Center Focused Consistent. Transit Priority Areas multimodal access to work, educational and Placemaking, (TPAs) are defined in the 0.5-mile radius other destinations Priority Growth around an existing or planned major • Focus on a regional jobs/housing balance to Areas (PGA), Job transit stop or an existing stop along a reduce commute times and distances and Centers, High HQTA. A HQTA is defined as a corridor expand job opportunities near transit and along Quality Transit with fixed route bus service frequency of center -focused main streets Areas (HQTAs), 15 minutes (or less) during peak • Plan for growth near transit investments and Transit Priority commute hours. support implementation of first/last mile Areas (TPA), strategies Neighborhood As stated above, the Project is located • Promote the redevelopment of Mobility Areas within an HQTA.' The Project Site is underperforming retail developments and other (NMAs), Livable located in a highly developed and outmoded nonresidential uses Corridors, urbanized area of Santa Ana, and within • Prioritize infill and redevelopment of Spheres of walking and biking distance of existing underutilized land to accommodate new Influence (SOls), residential and commercial uses that growth, increase amenities and connectivity in Green Region, would contribute to reduction in VMT and existing neighborhoods Urban Greening. associated GHG emissions. Specifically, • Encourage design and transportation options the Project Site is located within walking that reduce the reliance on and number of solo distance (approximately 300 feet) to the car trips (this could include mixed uses or nearest bus stops along West MacArthur locating and orienting close to existing Boulevard. In addition, the Project would destinations) provide bicycle parking spaces and • Identify ways to "right size" parking electric vehicle (EV) charging stations in requirements and promote alternative parking accordance with CALGreen Code. The strategies (e.g., shared parking or smart Project would also revitalize the Project parking) Site by removing the underutilized office park and developing industrial/warehousing uses on -site. Therefore, the Project would focus growth near destinations and mobility options. Thus, the Project would be consistent with this reduction strategy. Promote Diverse Housing Choices • Preserve and rehabilitate affordable housing PGA, Job Not Applicable. The Project Site does and prevent displacement Centers, HQTAs, not include existing residential • Identify funding opportunities for new NMA, TPAs, development; existing uses on -site workforce and affordable housing development Livable include an approximately 10.2-acre office • Create incentives and reduce regulatory Corridors, Green park, Lake Center Office Park, and an barriers for building context sensitive Region, Urban approximately 5.6-acre vacant field west accessory dwelling units to increase housing Greening. of the existing buildings. supply • Provide support to local jurisdictions to streamline and lessen barriers to housing development that supports reduction of greenhouse gas emissions July I y Council 28 — 471 8/6/202 e 58 South Coast Technology Center Project CEQA Exemption 15183 Leverage Technology Innovations • Promote low emission technologies such as HQTA, TPAs, Consistent. As detailed above, the neighborhood electric vehicles, shared rides NMA, Livable Project would install EV charging stations hailing, car sharing, bike sharing and scooters Corridors. and bicycle parking spaces in by providing supportive and safe infrastructure accordance with the most current and such as dedicated lanes, charging and applicable Title 24 standards and parking/drop-off space CALGreen Code. Additionally, the • Improve access to services through Project would include vanpool/carpool technology —such as telework and parking spaces in accordance with a telemedicine as well as other incentives such CALGreen voluntary measure (Appendix as a "mobility wallet," an app-based system for A5, Nonresidential Voluntary Measures). storing transit and other multi -modal payments Further, the Project would also include • Identify ways to incorporate "micro -power solar -ready roofs for all buildings. grids" in communities, for example solar Therefore, the proposed Project would energy, hydrogen fuel cell power storage and leverage technology innovations to power generation promote alternative modes of transportation and help the City, County, and State meet their GHG reduction goals. The Project would be consistent with this reduction strategy. Support Implementation of Sustainabilit Policies • Pursue funding opportunities to support local Center Focused Consistent. As previously discussed, the sustainable development implementation Placemaking, proposed Project is located within an projects that reduce greenhouse gas Priority Growth HQTA. The Project would support emissions Areas (PGA), Job sustainable development • Support statewide legislation that reduces Centers, High implementation that would reduce GHGs barriers to new construction and that Quality Transit by installing EV charging stations and incentivizes development near transit corridors Areas (HQTAs), providing bicycle parking spaces to and stations Transit Priority promote alternative modes of • Support local jurisdictions in the establishment Areas (TPA), transportation. Further, the Project would of Enhanced Infrastructure Financing Districts Neighborhood comply with sustainable practices (EIFDs), Community Revitalization and Mobility Areas included in the most current and Investment Authorities (CRIAs), or other tax (NMAs), Livable applicable Title 24 standards and increment or value capture tools to finance Corridors, CALGreen, including the installation of sustainable infrastructure and development Spheres of high efficiency lighting, water efficient projects, including parks and open space Influence (SOls), landscaping, low -flow water fixtures, • Work with local jurisdictions/communities to Green Region, among others. Thus, the Project would identify opportunities and assess barriers to Urban Greening. be consistent with this reduction strategy. implement sustainability strategies • Enhance partnerships with other planning organizations to promote resources and best practices in the SCAG region • Continue to support long range planning efforts by local jurisdictions • Provide educational opportunities to local decisions makers and staff on new tools, best practices and policies related to implementing the Sustainable Communities Strategy Promote a Green Region • Support development of local climate Green Region, Consistent. The proposed Project is adaptation and hazard mitigation plans, as well Urban Greening, located in an urbanized area and would as project implementation that improves Greenbelts and not interfere with regional wildlife community resiliency to climate change and Community connectivity or convert agricultural land. natural hazards Separators. According to the Project applicant, the • Support local policies for renewable energy proposed Project would exceed the most production, reduction of urban heat islands and current Title 24 (i.e., 2022 Title 24) by carbon sequestration approximately 10 percent, which would • Integrate local food production into the regional help reduce energy consumption and landscape reduce GHG emissions. Additionally, the Project would include solar -ready roofs for all buildings. Thus, the Project would July I y Council 28 — 472 8/6/202 e 59 South Coast Technology Center Project CEQA Exemption 15183 • Promote more resource efficient development support resource efficient development focused on conservation, recycling and that reduces energy consumption and reclamation GHG emissions. The Project would be • Preserve, enhance and restore regional wildlife consistent with this reduction strategy. connectivity • Reduce consumption of resource areas, including agricultural land • Identify ways to improve access to public park space Note: 1. Southern California Association of Governments, High Quality Transit Areas (HQTA) 2045 — SCAG Region, https://gisdata- scag.opendata.arcgis.com/datasets/SCAG:: high-quality-transit-areas-hqta-2045-scag- region/explore?location=34.058231 %2C-118.364678%2C13.71, accessed April 8, 2024. Source: Southern California Association of Governments, 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy— Connect SoCal, September 3, 2020. Consistency with the City of Santa Ana General Plan The Conservation Element of the General Plan Update contains various goals and policies aimed at reducing the health hazards from air pollution, reducing overall GHG emissions in the City, and minimizing the impacts of climate change. Table 4.8-6, Consistency with the Santa Ana General Plan Update, provides a consistency analysis of the Project with applicable goals and policies. As shown therein, the proposed Project would be consistent with the GHG emission reduction goals and policies contained in the City's General Plan Update. Table 4.8-6 Consistency with City of Santa Ana General Plan Update Goals and Policies I Project Consistency Analysis Goal CN-1: Air Quality and Climate. Protect air resources, improve regional and local air quality, and minimize the impacts of climate change. Policy CN 1.2 Climate Action Plan. Consistent. The Project would be consistent with the goals listed in the Consistency with emission reduction Climate Action Plan; refer to the discussion below. As such, the Project is goals highlighted in the Climate Action consistent with this policy. Plan shall be considered in all major decisions on land use and investments in public infrastructure. Policy CN 1.4 Development Consistent. According to the Project plans, the proposed Project would Standards. exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 Support new development that meets percent, which would help reduce energy consumption and reduce GHG or exceeds standards for energy- emissions. Additionally, the Project would also include solar -ready roofs efficient building design and site for all buildings. Upon conformance with applicable regulations, the planning. Project would be consistent with this policy. Policy CN 1.7 Housing and Consistent. The proposed Project would involve the construction of three Employment Opportunities. new Class A industrial buildings for office, manufacturing, and/or Improve the City's jobs/housing warehouse uses that would introduce employment opportunities in the balance ratio by supporting City. As such, the Project is consistent with this policy. development that provides housing and employment opportunities to enable people to live and work in Santa Ana. July I y Council 28 — 473 8/6/202 e 60 South Coast Technology Center Project CEQA Exemption 15183 Goals and Policies Project Consistency Analysis Policy CN 1.8 Promote Alternative Consistent. The proposed Project is located in an urbanized Transportation. environment and would include short- and long-term bicycle parking and Promote use of alternate modes of would construct EV charging stations in accordance with the most current transportation in the City of Santa and applicable Title 24 standards and CALGreen, as well as provide Ana, including pedestrian, bicycling, vanpool/carpool parking spaces. Additionally, the Project Site would be public transportation, car sharing served by existing bus stops along West Macarthur Boulevard, which programs and emerging technologies. could encourage the use of public transportation. As such, the Project is consistent with this policy. Policy CN 1.12 Sustainable Consistent. The Project would incorporate features that would Infrastructure. encourage the use of sustainable forms of transportation. As previously Encourage the use of low or zero discussed, the Project would construct short- and long-term bicycle emission vehicles, bicycles, non- parking spaces, EV charging stations, and vanpool/carpool parking motorized vehicles, and car -sharing spaces. Additionally, the Project Site would be served by existing bus programs by supporting new and stops along West Macarthur Boulevard, which could encourage the use existing development that includes of public transportation. As such, the Project is consistent with this policy. sustainable infrastructure and strategies such as vehicle charging stations, drop-off areas for ridesharing services, secure bicycle parking, and transportation demand management programs. Goal CN-3: Energy Resources. Reduce consumption of and reliance on nonrenewable energy, and support the development and use of renewable energy sources. Policy CN-3.5 Site Design. Consistent. According to the Project applicant, the proposed Project Encourage site planning and would exceed the most current Title 24 (i.e., 2022 Title 24) by subdivision design that incorporates approximately 10 percent, which would help reduce energy consumption the use of renewable energy systems. and reduce GHG emissions. Additionally, the Project would also include solar -ready roofs for all buildings. As such, the Project would be consistent with this policy. Policy CN 3.5 Landscaping. Consistent. The proposed Project would incorporate landscaping Promote and encourage the planting throughout the site, primarily along the perimeter of the site and parking of native and diverse tree species to lot. The Project would also provide a small, publicly accessible pocket improve air quality, reduce heat island park along West Lake Center Drive. Outdoor patios have also been effect, reduce energy consumption, proposed for each building. As such, the Project would be consistent with and contribute to carbon mitigation this policy. with special focus in environmental justice areas. Policy CN-3.7 Energy Conservation Consistent. According to the Project plans, the proposed Project would Design and Construction. exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 Incorporate energy conservation percent, which would help reduce energy consumption and reduce GHG features in the design of new emissions. Additionally, the Project would include solar -ready roofs for all construction and rehabilitation buildings. As such, the Project would be consistent with this policy. projects. Goal CN-4: Water Resources. Conserve and replenish existing and future water resources. Policy CN 4.1 Water Use. Encourage Consistent. The proposed Project would incorporate features that would and educate residents, business reduce water usage. Specifically, the Project would include low -flow owners, and operators of public fixtures that would reduce excessive use of water throughout the Project facilities to use water wisely and Site, water efficient irrigation, and incorporate drought -tolerant plants. As efficiently. such, the Project would be consistent with these policies. Policy CN 4.2 Landscaping. Encourage public and private property owners to plant native or drought - tolerant vegetation. Policy CN 4.4 Irrigation Systems. Promote irrigation and rainwater capture systems that conserve water to support a sustainable community. July I y Council 28 — 474 8/6/202 e 61 South Coast Technology Center Project CEQA Exemption 15183 Goals and Policies I Project Consistency Analysis Goal M-5 Sustainable Transportation Design. A transportation system that is attractive, safe, state-of-the-art, and supports community, environmental, and conservation goals. Policy M-5.6 Clean Fuels and Consistent. The Project would construct short- and long-term bicycle Vehicles. Encourage the use of parking spaces and EV charging stations to encourage the use of alternative fuel vehicles and mobility alternative fuel vehicles. As such, the Project is consistent with this policy technologies through the installation of supporting infrastructure. Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan, May 26, 2022. Consistency with the City of Santa Ana Climate Action Plan The City's CAP recommends measures that would achieve GHG reductions including installation of solar photovoltaic systems and compliance with Title 24 energy efficiency standards. The Project proposes to revitalize the SD-58 by constructing three new Class A industrial buildings for office, manufacturing, and/or warehouse uses. The proposed Project would be consistent with the applicable measures listed in the CAP by incorporating energy efficient features (i.e., energy efficient lighting, energy efficient appliances, and on -site renewable energy production capabilities) and water efficient features (i.e., low -flow fixtures, drought -tolerant landscaping, and water efficient irrigation). The proposed Project would also comply with SB 1383 for waste reduction. According to the Project plans, the proposed Project would exceed the most current Title 24 (i.e., 2022 Title 24) by approximately 10 percent, which would help reduce energy consumption and reduce GHG emissions. Additionally, the Project would include solar -ready roofs for all buildings. As further described in Table 4.8-7, Consistency with the Santa Ana Climate Action Plan, the Project would be consistent with the City's CAP. Table 4.8-7 Consistency with the Santa Ana Climate Action Plan Goals I Project Consistency Analysis Transportation and Land Use Measures Measure: Local Employment Nodes Consistent. The proposed Project would replace an existing office near Residential and Retail Areas. complex with three new Class A industrial buildings for office, manufacturing, and/or warehouse use. The Project Site is located within a portion of the City designated for Industrial (IND) use in the City's General Plan. However, residential uses exist approximately 800 feet to the south of the site and 850 feet to the east of the site, providing for both proximity of residents to the Project's employment opportunities and a buffer between the proposed industrial use and existing residential uses. Therefore, the proposed Project is consistent with this measure. Measure: End -of -trip Facilities in New Consistent. According to the City's CAP, end -of -trip facilities include bike Projects. lockers, showers and changing rooms that would be used by cyclists. Installation of these end -of -trip facilities would encourage the use of bicycles as a form of transportation. The proposed Project is located in an urbanized environment and would include short- and long-term bicycle parking and would construct EV charging stations in accordance with the most current and applicable Title 24 standards and CALGreen, as well as provide vanpool/carpool parking spaces. As such, the proposed Project would be consistent with this measure. Measure: Design Guidelines for Consistent. As previously discussed, the proposed Project is located in External Bike/Pedestrian/Transit an urbanized environment and would include short- and long-term bicycle Connectivity. parking. The proposed Project includes internal walkways that would connect to existing sidewalks on West Lake Center Drive and South Measure: Design Guidelines for Internal Bike/Pedestrian/Transit Susan Street. Such public sidewalks provide access to existing bus Connectivity. stations along West MacArthur Boulevard. As such, the proposed Project would be consistent with these measures. July I y Council 28 — 475 8/6/202 e 62 South Coast Technology Center Project CEQA Exemption 15183 Goals Project Consistency Analysis Community -wide Energy Measures Measure: Property Assessed Clean Consistent. As discussed in the City's CAP, PACE is an energy Energy (PACE) Financing for efficiency financing program that promotes the implementation of energy Commercial Properties. efficient features and renewable energy generation by providing financing opportunities for commercial property owners. The proposed Project would exceed the requirements of the most current and applicable Title 24 standards, which include energy efficiency standards. As such, development of the proposed Project could utilize PACE financing to help implement the energy efficiency standards as required in the most current and applicable Title 24 standards. Therefore, the proposed Project would be consistent with the CAP's measures related to PACE financing. Measure: Solar Photovoltaic Systems Consistent. As discussed above, the proposed Project would include — New Private Installs. solar -ready roofs for all buildings and would exceed Title 24 standards by 10 percent. As such, the proposed Project would be consistent with this goal. Measure: Benchmarking and Retro- Consistent. This measure directs the City to develop an ordinance commissioning. requiring that all nonresidential buildings larger than 10,000 square feet report their Energy Star Portfolio Manager results every seven years, and that buildings with a score of less than 75 must complete retro- commissioning. When this measure becomes applicable, the Project buildings would be required to comply with it. As such, the proposed Project would be consistent with this measure. Measure: Title 24 Energy Efficiency Consistent. As previously discussed, the proposed Project would exceed Standards — Commercial. Title 24 requirements by 10 percent. As such, the proposed Project would be consistent with this measure. Solid Waste, Water, and Wastewater Measures Measure: AB 341 Commercial and Consistent. The proposed Project would implement a recycling system in Multifamily Recycling. accordance with state and local regulations, including the mandatory commercial recycling under AB 341. Additionally, the proposed Project would comply with SB 1383, which aims to recycle or compost 75 percent of waste by 2025. As such, the proposed Project would be consistent with this measure. Measure: Food Waste Digestion. Consistent. SB 1383 establishes targets to achieve a 50-percent reduction in the level of Statewide organic waste disposal from 2014 levels by 2020 and a 75-percent reduction by 2025. The law establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025. The proposed Project would comply with local and regional regulations and recycle or compost 75 percent of waste by 2025 pursuant to SB 1383. As such, the proposed Project would be consistent with this measure. Measure: Rainwater Harvesting. Consistent. As discussed, the proposed Project includes water efficient irrigation and drought -tolerant plants in the landscaping plans. The proposed Project would also reduce the amount of turf currently on the Project Site. As such, the proposed Project would be consistent with this measure. Measure: Turf Removal. Consistent. As discussed in the City's CAP, natural turf is one of the most water -intensive features of landscaping. The removal of natural turf would help reduce overall water consumption in the City. As discussed, the proposed Project includes water efficient irrigation and drought - tolerant plants in the landscaping plans. The proposed Project would also reduce the amount of turf currently on the Project Site. As such, the proposed Project would be consistent with this measure. Source: City of Santa Ana, Santa Ana Climate Action Plan, adopted December 2015. July I y Council 28 — 476 8/6/202 e 63 South Coast Technology Center Project CEQA Exemption 15183 Consistency Conclusion As discussed, the significance determination for GHG emissions is based solely on consistency with applicable statewide, regional, and local climate change mandates, plans, policies, and regulations. As demonstrated in the above analysis, the Project's characteristics render it consistent with statewide, regional, and local climate change mandates, plans, policies, and regulations. More specifically, the GHG plan consistency analyses provided above demonstrates that the proposed Project would comply with the regulations and GHG reduction goals, policies, actions, measures, and strategies outlined in the 2022 Scoping Plan, Connect SoCal, the City's General Plan, and the City's CAP. Consistency with these plans would reduce the impact of the Project's incremental contribution to GHG emissions. Accordingly, the Project would not conflict with any applicable plan, policy, regulation, or recommendation adopted for the purpose of reducing GHG emissions. As the proposed Project is consistent with statewide, regional, and local GHG reduction plans, the proposed Project would also be consistent with the State's long-term goal to achieve statewide carbon neutrality (zero -net emissions). Accordingly, impacts related to GHG emissions resulting from the proposed Project would be less than significant and would be less when compared to the impacts disclosed in the GPU PEIR, which were determined to be significant and unavoidable even with implementation of mitigation for GPU PEIR Impact 5.7-1 and less than significant for GPU PEIR Impact 5.7-2. Therefore, no new project -specific mitigation measures are required. 4.8.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR GHG-1, RR GHG-2, RR GHG-3, and RR GHG-7, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe GHG impacts than anticipated by the GPU PEIR. 4.8.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR GHG-1 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). The 2019 Building and Energy Efficiency Standards were effective on January 1, 2020. The Building Energy and Efficiency Standards and CALGreen are updated tri-annually. RR GHG-2 Construction activities are required to adhere to California Code of Regulations, Title 13, Section 2499, which restricts nonessential idling of construction equipment to five minutes or less. RR GHG-3 New buildings are required to adhere to the California Green Building Standards Code and Water Efficient Landscape Ordinance requirements to increase water efficiency and reduce urban per capita water demand. RR GHG-7 California's Green Building Standards Code (CALGreen) requires the recycling and/or salvaging for reuse at minimum of 65 percent of the nonhazardous construction and demolition waste generated during most "new construction" projects (CALGreen §§ 4.408 and 5.408). Construction contractors are required to submit a construction waste management plan that identifies the construction and July i y Council 28 — 477 8/6/202 e 64 South Coast Technology Center Project CEQA Exemption 15183 demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvaged for future use or sale and the amount (by weight or volume). 4.9 Hazards and Hazardous Materials 4.9.1 GPU PER Findings As stated in the GPU PER, the General Plan Update does not introduce any general or heavy industrial uses anywhere in the City in comparison to existing conditions. The GPU PER concluded that buildout of the proposed General Plan Update would include construction activities and operations that would transport, use, or dispose of hazardous materials in proximity to existing environmental justice (EJ) communities (i.e., disadvantaged communities), existing sensitive receptors, and proposed new sensitive receptors. Such activities could create a significant hazard to the public or the environment given the proximity of hazardous materials sites which are considered open cases, existing lead -contaminated soils, existing buildings containing asbestos -containing materials (ACM) and/or lead -based paint (LBP), and existing and planned industrial uses throughout the City. The GPU PER also determined that buildout of the General Plan Update would increase the number of hazardous waste generators as there would be an increase in industrial uses. However, impacts related to the use, storage, transport, and disposal of hazardous materials would be governed by existing regulations of several agencies, including the USEPA, US Department of Transportation, California Division of Occupational Safety and Health, and the Orange County Health Care Agency (OCHCA), Environmental Health Division. Policies and implementation actions in the General Plan Update specifically target existing land use compatibility issues and aim to prevent any future impacts to new sensitive receptors within EJ communities. Additionally, buildout under the General Plan Update would be required to implement RRs HAZ-1 through RR HAZ-5. Thus, the GPU PER determined that impacts related to the routine use, storage, transport, and disposal of hazardous materials, and the accidental release of hazardous materials, would be less than significant. The GPU PEIR also concluded that development on or adjacent to any sites listed on hazardous materials databases would require an environmental site assessment to ensure that projects would not disturb hazardous materials on any of the hazardous materials sites or plumes of hazardous materials diffusing from one of the hazardous materials sites, and that any proposed development, redevelopment, or reuse would not create a substantial hazard to the public or the environment. With the preparation of an environmental site assessment, impacts related to development on an existing hazardous materials site would be less than significant. Further, there are parts of the City that are within the vicinity of the John Wayne Airport Compatibility Land Use Plan and have height limits due to regulations pertaining to navigable airspace. The GPU PER concluded that projects approved under the General Plan Update would be required to comply with existing regulations to ensure consistency with the John Wayne Airport Compatibility Land Use Plan and protect navigable airspace. Impacts would be less than significant. The GPU PER concluded that buildout of the General Plan Update would increase square footage, dwelling units, population, and traffic congestion in the City, which could adversely impact evacuation plans. However, as the General Plan Update would not result in substantial changes to circulation patterns and emergency access routes, or interfere with the City's operations for emergency response, impacts related to emergency response would be less than significant. The GPU PER also concluded that no impact would occur related to wildland fire as the City is not within a fire hazard severity zone. July i y Council 28 — 478 8/6/202 e 65 South Coast Technology Center Project CEQA Exemption 15183 4.9.2 Project Analysis The proposed Project would develop three new Class A industrial buildings for office, manufacturing, and/or warehouse use on a site that is currently developed with commercial office buildings east of Susan Street and is vacant west of Susan Street. While the proposed Project would introduce new industrial uses to the Project Site, according to GPU PEIR Figure 2-1, EJ Communities, Neighborhoods, and Focus Areas, the Project Site is not located within an environmental justice (EJ) community. As such, the proposed Project would not expose EJ communities to hazardous materials and waste. Moreover, although the proposed Project would require an amendment to the SD-58 District to allow for industrial uses, the Project Site's land use designation is already Industrial. Thus, the proposed Project would not introduce any general or heavy industrial uses in the City in comparison to existing conditions. Construction of the proposed Project would involve demolition, grading, and construction of new buildings. Construction activities would use limited amounts of hazardous materials in the form of paints, solvents, glues, and other common construction materials for the proposed buildings. Construction activities may include the use of machinery and other equipment that require fueling or maintenance/servicing. These types of materials are not acutely hazardous, and all storage, handling, use, transport, and disposal of these would be required to conform to existing laws and regulations of the California Department of Toxic Substances Control (DTSC), USEPA, Occupational Safety & Health Administration (OSHA), and OCHCA, which would ensure that all potentially hazardous materials are used and handled in an appropriate manner and would minimize the potential for safety impacts to occur. Additionally, the storage, handling, use, transport, and disposal of these hazardous materials would cease once construction is complete. Project compliance with RR HAZ-1 would ensure hazardous materials and hazardous wastes are transported in compliance with any applicable state and federal requirements; RR HAZ-2 would ensure hazardous waste generation, transportation, treatment, storage, and disposal would be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations [CFR], Title 40, Part 263). According to the Cultural Memorandum, the existing buildings were built after the 1980s; refer to Attachment C. Thus, the buildings are not likely to contain ACM and LBP. Nonetheless, demolition of the existing buildings would comply with RR HAZ-4, which would ensure demolition activities that could expose workers or the public to ACMs or LBPs would be conducted in accordance with any applicable state and federal requirements, and RR HAZ-5, which would ensure removal of hazardous materials be conducted as outlined in 29 CFR 1910.120 and 8 CCR 5192. Moreover, based on Attachment G, Phase 1 Environmental Site Assessment,23 the vacant parcel to the west of Susan Street does not have any recognized environmental conditions.24 Therefore, with adherence to existing regulations construction of the proposed Project would result in less than significant impacts related to the use, storage, transport, and disposal of hazardous wastes, as well as related to the accidental release of hazardous materials. During operation, there is potential for future tenants of the proposed buildings to use hazardous materials and generate hazardous waste. The nearest sensitive receptor is Calvary High School, located to the east of the Project Site. However, any future hazardous materials use, storage, 23 Attachment G, Phase l Environmental Site Assessment is comprised of two Phase I reports — one for the vacant parcel and one for the Lake Center Office Park. For the purposes of this document, references to the Phase I Environmental Site Assessment includes both reports. 24 As defined by ASTM E1527-21, a REC is: "(1) the presence of hazardous substances or petroleum products in, on, or at the subject property due to a release to the environment; (2) the likely presence of hazardous substances or petroleum products in, on, or at the subject property due to a release or likely release to the environment; or (3) the presence of hazardous substances or petroleum products in, on, or at the subject property under conditions that pose a material threat of a future release to the environment. July I y Council 28 — 479 8/6/202 e 66 South Coast Technology Center Project CEQA Exemption 15183 transport, or disposal would be required to comply with existing regulations of the USEPA, US Department of Transportation, CalRecycle, and other agencies, consistent with the industrial uses analyzed in the GPU PEIR. Therefore, operation of the proposed Project would result in less than significant impacts related to the use, storage, transport, and disposal of hazardous wastes, as well as related to the accidental release of hazardous materials. The Project Site is not listed in the State Water Resources Control Board (SWRCB) GeoTracker system which includes leaking underground fuel tank sites and spills, leaks, investigations, and cleanups sites; or the DTSC EnviroStor Data Management System which includes Cortese sites; or the USEPA's database of regulated facilities.25, 26 As such, consistent with the GPU PEIR, impacts related to hazardous materials sites would be less than significant. According to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, and Figure 5.8-6, Height Restrictions per Federal Air Regulations Part 77, of the GPU PEIR, the Project Site is located outside of the John Wayne Airport's safety compatibility zone and height restriction areas. As such, the proposed Project would not result in a safety hazard or excessive noise for people residing and working in the Project area. No impact would occur. Construction equipment and materials staging would occur within the Project Site. During construction, vehicular access would be provided via existing access points along Lake Center Drive and South Susan Street. Temporary partial lane closures of Susan Street and Lake Center Drive would be required to resurface the streets; during the resurfacing, access would be maintained. Full lane closures are not anticipated for the proposed Project. Operation of the proposed Project would not result in population growth or changes to the existing circulation system. All driveways would provide adequate space for emergency vehicle access. As such, the proposed Project would not interfere with operations of the City's Emergency Operations Center and would not interfere with operations of emergency response agencies or with coordination and cooperation between such agencies; thus, consistent with the GPU PEIR, impacts to emergency response planning would be less than significant. The City of Santa Ana is not in a designated fire hazard zone. As such, consistent with the GPU PEIR, no impact related to the risk of wildland fires would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to the transport, use, disposal, and release of hazardous materials; hazardous materials sites; sites located within the vicinity of an airport or in an airport land use plan; and impairment of an emergency response or evacuation plan would be less than significant; and that no impacts would occur related to the risk of wildland fires. Therefore, no new project -specific mitigation measures are required. 25 California State Water Resources Control Board, GeoTracker, https://geotracker.waterboards.ca.gov/map/, accessed April 25, 2024. 26 California Department of Toxic Substances Control, Envirostor, https://www.envirostor.dtsc.ca.gov/public/, accessed April 25, 2024. July I y Council 28 — 480 8/6/202 e 67 South Coast Technology Center Project CEQA Exemption 15183 4.9.3 Conclusion The Project is consistent with buildout of the General Plan Update. With implementation of RR HAZ-1, RR HAZ-2, RR HAZ-4, and RR HAZ-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to hazards and hazardous materials than anticipated by the GPU PEIR. 4.9.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR HAZ-1 Hazardous materials and hazardous wastes will be transported to and/or from projects developed under the General Plan Update in compliance with any applicable state and federal requirements, including the U.S. Department of Transportation regulations listed in the Code of Federal Regulations (Title 49, Hazardous Materials Transportation Act); California Department of Transportation standards; and the California Occupational Safety and Health Administration standards. RR HAZ-2 Hazardous waste generation, transportation, treatment, storage, and disposal will be conducted in compliance with Subtitle C of the Resource Conservation and Recovery Act (Code of Federal Regulations, Title 40, Part 263), including the management of nonhazardous solid wastes and underground tanks storing petroleum and other hazardous substances. The projects developed under the General Plan Update will be designed and constructed in accordance with the regulations of the Orange County Health Care Agency, Environmental Health Division, which serves as the designated Certified Unified Program Agency. RR HAZ-4 Demolition activities that have the potential to expose construction workers and/or the public to asbestos -containing materials or lead -based paint will be conducted in accordance with applicable regulations, including, but not limited to: • South Coast Air Quality Management District's Rule 1403 • California Health and Safety Code (Section 39650 et seq.) • California Code of Regulations (Title 8, Section 1529) • California Occupational Safety and Health Administration regulations (California Code of Regulations, Title 8, Section 1529 [Asbestos] and Section 1532.1 [Lead]) • Code of Federal Regulations (Title 40, Part 61 [asbestos], Title 40, Part 763 [asbestos], and Title 29, Part 1926 [asbestos and lead]). RR HAZ-5 The removal of hazardous materials, such as polychlorinated biphenyls (PCBs), mercury -containing light ballast, and mold, will be completed in accordance with applicable regulations pursuant to 40 CFR 761 (PCBs), 40 CFR 273 (mercury - containing light ballast), and 29 CFR 1926 (molds) by workers with the hazardous waste operations and emergency response (HAZWOPER) training, as outlined in 29 CFR 1910.120 and 8 CCR 5192. July i y Council 28 — 481 8/6/202 e 68 South Coast Technology Center Project CEQA Exemption 15183 4.10 Hydrology and Water Quality 4.10.1 GPU PEIR Findings The GPU PEIR concluded that compliance with local, state, and federal regulations and the policies of the proposed General Plan Update would reduce buildout impacts related to groundwater, drainage, hydrology, and water quality. Individual projects would be required to incorporate project -specific source control and treatment Best Management Practices (BMPs), incorporate low impact design (LID)/site design, and comply with applicable regulatory requirements to ensure compliance with regulations governing water quality, including the following: • Santa Ana Local Implementation Plan [LIP] • Orange County Drainage Area Management Plan • Construction General Permit (CGP) Water Quality Order 2009-0009-DWQ for preparation of a Stormwater Pollution Prevention Plan (SWPPP) (RR HYD-1) • National Pollutant Discharge Elimination System [NPDES] Municipal Separate Storm Sewer System [MS4] Permit from the Santa Ana Regional Water Quality Control Board (RR HYD-4) • Santa Ana Model Water Quality Management Plan [WQMP] • Santa Ana Municipal Code (RR HYD-5) • General Industrial Permit (Order No. CAS000001) for industrial activity (RR HYD-2) preparation of a Water Quality Management Plan). Additionally, the GPU PEIR determined that projected water demand from the proposed GPU at buildout is well within the projected total water demand for 2040 in the 2015 urban water management plan for normal, dry year, and multiple dry year scenarios. Related to pervious surfaces and runoff, the GPU PEIR also determined peak flows would be decreased overall but an increase of stormwater runoff peak flow rates could result from the introduction of new impervious surfaces. As stated in the GPU PEIR, the City and County have policies in place for reviewing and permitting new developments including requiring detailed hydrology studies. Related to flood hazards, tsunami, and seiche zones, the GPU PEIR determined that impacts would be less than significant due to the low potential for such conditions to occur and the regulations in place to manage flood hazards and minimize flood risks. In summary, the GPU PEIR determined that all impacts related hydrology and water quality would be less than significant and that no mitigation measures were required. 4.10.2 Project Analysis The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. Construction activities have the potential to degrade water quality through the exposure of surface runoff to exposed soils, dust, and other debris at the Project Site as well as increase erosion and/or siltation. The proposed Project would be required to comply with various applicable regulatory requirements governing water quality, including the requirements to incorporate project -specific source control and treatment BMPs and the requirements to incorporate low impact design (LID)/site design. For construction, the proposed Project would July i y Council 28 — 482 8/6/202 e 69 South Coast Technology Center Project CEQA Exemption 15183 comply with the latest CGP (Order No. 2022-057-DWQ) and RR HYD-1, which requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan (the Project Site is larger than one acre) and associated best management practices, an annual fee, and a signed certification statement. As the Project would introduce a new use to the Project Site (i.e., industrial/warehousing), the proposed Project would be required to comply with the requirements of the General Industrial Permit and RR HYD-2. A preliminary WQMP has been prepared for the proposed Project to comply with the requirements of the County's NPDES Stormwater Program (RR HYD-4) and be consistent with the Orange County Drainage Area Management Plan; refer to Attachment H, Preliminary Water Quality Management Plan. The WQMP describes site design and drainage, and structural and non-structural source control BMPs for the proposed Project to ensure water quality standards or waste discharge requirements are not violated, and to prevent substantial erosion or siltation on- or offsite. The proposed Project would also be required to comply with the SAMC regarding prohibitions on illicit connections and discharges, urban runoff control measures, and permit requirements. As a result, consistent with the GPU PEIR, water quality impacts associated with construction and operational activities would be less than significant. Regarding water demand, the proposed Project is anticipated to require less water than the existing office building use due to a reduction in fixtures; refer to Section 4.19, Utilities and Service Systems, for additional details. Thus, the proposed Project would be consistent with the General Plan Update. Regarding pervious surfaces and runoff, according to the Attachment I, Preliminary Drainage and Hydrological Study (Drainage Study), prepared by Incledon Consulting Group, dated June 2024, the proposed Project would increase imperviousness but due to modifications in stormwater flow paths within the Project Site, peak runoff produced from the site is expected to decrease or remain the same as existing conditions; refer to Preliminary Drainage and Hydrological Study. Additionally, the Drainage Study determined that the proposed Project has been designed to effectively capture and convey the Project's storm water to the existing/public systems during a 10-year storm, utilizing a new on -site storm drain system that would collect surface water from the on -site BM P catch basins. The system would continue the flow patterns of the existing conditions by utilizing the street's infrastructure and an on -site storm drain system. Therefore, consistent with the GPU PEIR, impacts would be less than significant. According to Figure 5.9-4, City of Santa Ana Flood Zones, of the GPU PEIR, the Project Site is not within a 100-year flood hazard area as designated by the Federal Emergency Management Agency (FEMA). According to Figure 5.9-5, Dam Inundation Areas, of the GPU PEIR, the Project Site is within both the Santiago Creek Dam and Prado Dam inundation areas. However, the Santiago Creek Dam has been assessed by the California Division of Safety of Dams (DSOD) to have no existing or potential dam safety deficiencies and the U.S. Army Corps of Engineers' Dam Safety Program is actively implementing risk -reduction measures to remediate the Prado Dam, including routine inspections and ongoing monitoring, spillway modifications to improve downstream flow, and public outreach, to ensure potential inundation hazards are minimized or eliminated.27 The GPU PEIR determined that, while seiche theoretically could occur with these reservoirs, the flooding impacts would be less than the inundation zones. The GPU PEIR also determined that the City is too far inland to be at risk of a tsunamis. As such, implementation of 27 U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl. usace.army. mil/Media/News-Releases/Article/l 849301 /corps-reclassifies-prado-dam-im plements- risk-reduction-measures/, May 15, 2019. July I y Council 28 — 483 8/6/202 e 70 South Coast Technology Center Project CEQA Exemption 15183 the proposed Project would result in less than significant impacts related to flood hazard, tsunami, and seiche zones. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to violation of water quality standards or waste discharge requirements; decrease in groundwater supplies or interference with groundwater recharge; alteration of existing drainage patters; flood, tsunami, or seiche risks; and conflicts with or obstruction of a water quality control plan or sustainable groundwater management plan would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.10.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR HYD-1, RR HYD-2, RR HYD-4, and RR HYD-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to hydrology and water quality than anticipated by the GPU PEIR. 4.10.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR-HYD-1 All development pursuant to the General Plan Update shall comply with the requirements of the Construction General Permit (Order No. 2012-0006-DWQ)28 for stormwater discharges associated with construction activity. Compliance requires filing a Notice of Intent, a Risk Assessment, a Site Map, a Storm Water Pollution Prevention Plan and associated best management practices, an annual fee, and a signed certification statement. RR-HYD-2 All industrial development pursuant to the General Plan Update shall comply with the requirements of the General Industrial Permit (Order No. CAS000001). The General Industrial Permit regulates operators of facilities subject to stormwater permitting, that discharge stormwater associated with industrial activity. RR HYD-4 All development pursuant to the General Plan Update shall comply with the requirements of the Orange County MS4 Permit (Order R8-2009-0030, NPDES No. CAS618030, as amended by Order No. R8-2010 0062). The MS4 Permit requires new development and redevelopment projects to: • Control contaminants into storm drain systems • Educate the public about stormwater impacts • Detect and eliminate illicit discharges • Control runoff from construction sites • Implement best management practices and site -specific runoff controls and treatments for new development and redevelopment. 28 The proposed Project would be subject to the most recent Construction General Permit (Order No. 2022-057-DWQ), which was adopted on September 8. 2022. July I y Council 28 — 484 8/6/202 e 71 South Coast Technology Center Project CEQA Exemption 15183 RR HYD-5 All development pursuant to the General Plan Update shall comply with the requirements detailed in Chapter 18 Article IV of the Santa Ana Municipal Code. 4.11 Land Use and Planning 4.11.1 GPU PEIR Findings The GPU PEIR concluded that the General Plan Update's policies would encourage the preservation or enhancement of the existing residential communities through infill development, open space opportunities, and development of compatible uses that would enhance the existing character of the City. A primary goal of the General Plan Update is to preserve and improve the character and integrity of existing neighborhoods and districts; specific policies would reduce the conflict between contrasting land uses and enhance neighborhoods by responsibly integrating new development into existing communities. The General Plan Update would not divide established communities; rather, implementation of the policies in the General Plan Update would ensure the development of cohesive communities. As such, the GPU PEIR concluded that impacts would be less than significant. Additionally, none of the changes in the General Plan Update would affect plans, policies, or regulations of other agencies that have jurisdiction within the City, including the Airport Environs Land Use Plan for the John Wayne Airport, the Orange County Transportation Authority (OCTA) Congestion Management Plan, and the Southern California Association of Governments (SCAG) 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS). As individual projects are considered by the City, each would be subject to a variety of federal, state, and locally adopted plans designed to mitigate environmental impacts or to preserve important resources. As such, the GPU PEIR concluded that the General Plan Update would not conflict with any applicable land use plan, policy, or regulation and impacts would be less than significant. 4.11.2 Project Analysis The proposed Project would demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use entirely within SD-58. Similar to existing conditions, the Project Site would remain accessible from driveways along Lake Center Drive and South Susan Street. Per RR LU-1, the Project must comply with the applicable provisions of SAMC Chapter 41 (Zoning). Permitted uses in the SD-58 District are professional and business offices and commercial/retail uses. To allow the development of the proposed buildings for industrial use, an amendment to the SD-58 District would be required to allow for industrial uses. In addition, the development standards would be updated to include standards for perimeter fencing and revise parking standards to remove reference to specific numbers. Operational standards would also be included for Limited Light Industrial uses. Additionally, the proposed Project would require a lot merger and site and development plan approval. Although the proposed Project would amend SD-58 to allow for industrial uses, the Project Site's zoning would be consistent with the General Plan land use designation of Industrial. Additionally, the infill development of the portion of the Project Site west of Susan Street would enhance SD-58 by making it more cohesive. The three buildings would be designed in accordance with the updated development standards governing the SD-58 District. Upon approval of the above entitlements, the proposed Project would be consistent with the requirements of the General Plan Update and Project Site's zoning. Furthermore, the Project Site is not within a residential community; it is surrounded by office, commercial, and recreational uses. Therefore, the Project would not divide an established community and impacts would be less than significant, consistent with the conclusion in the GPU PEIR. July i y Council 28 — 485 8/6/202 e 72 South Coast Technology Center Project CEQA Exemption 15183 As detailed in Table 4.11-1, General Plan Update Land Use Element Proiect Consistency Analysis, the proposed Project would be consistent with the applicable General Plan Update Land Use Element goals and policies. Table 4.11-1 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Project Consistency Analysis Policies Goal LU-1: Provide a land use plan that improves quality of life and respects our existing community. Policy LU-1.1: Foster compatibility between land Consistent. Surrounding uses adjacent to the Project Site uses to enhance livability and promote healthy include office, commercial, and recreational uses. The lifestyles. Greenville Banning Channel bounds the Project Site to the east and freight rail tracks bound the Project Site to the west. The Project proposes to redevelop the Lake Center Office Park with two new industrial buildings and construct a new industrial building on the vacant parcel west of Susan Street. As discussed previously, the proposed industrial use is consistent with the General Plan Update. The SD-58 District currently includes design standards such as building heights, setbacks, separations, landscaping standards, and signage; and would be amended to include design standards for perimeter fencing and operational standards for the Limited Light Industrial Use to ensure that the Project would be compatible with adjacent and surrounding uses. In addition, the Project would include bicycle parking spaces and EV charging stations, which would promote healthy lifestyles and reduce GHG emissions. Policy LU-1.8: Ensure that new development Consistent. The Project proposes to redevelop the Lake projects provide a net community benefit. Center Office Park with two new industrial buildings and construct a new industrial building on the vacant parcel west of Susan Street. The infill development of the western portion of the Project Site would enhance SD-58 by making it more cohesive. As discussed in Section 4.14, Population and Housing, the proposed Project would generate 425 employees that would be drawn from the City or region. As the proposed Project would provide additional jobs in the City, it would improve the jobs -housing ratio determined in the GPU PEIR and help offset residential population growth impacts resulting from implementation of the General Plan Update. In addition, the Project would include bicycle parking spaces and EV charging stations to encourage alternative modes of transportation and reduce VMT and GHG emissions. Overall, the proposed Project would provide a net community benefit. Policy LU-1.9: Evaluate individual new Consistent. As discussed throughout this document, the development proposals to determine if the proposed Project would be consistent with the General Plan proposals are consistent with the General Plan Update. Additionally, as discussed in Section 4.15, Public and to ensure that they do not compound Services, and Section 4.19, Utilities and Service Systems, the existing public facility and service deficiencies. proposed Project would result in less than significant impacts to public utilities and infrastructure. Goal LU-2: Provide a balance of land uses that meet Santa Ana's diverse needs. Policy LU-2.1: Provide a broad spectrum of land Consistent. Refer to the response to Policy LU-1.8 above. uses and development that offer employment Overall, the proposed Project would offer employment opportunities for current and future Santa Ana opportunities for current and future Santa Ana residents. residents. July I y Council 28 — 486 8/6/202 e 73 South Coast Technology Center Project CEQA Exemption 15183 Table 4.11-1 General Plan Update Land Use Element Project Consistency Analysis Applicable General Plan Land Use Project Consistency Analysis Policies Policy LU-2.7: Support land use decisions that Consistent. To allow the use of the proposed buildings for encourage the creation, development, and industrial use, an amendment to the SD-58 District would be retention of businesses in Santa Ana. required. As previously discussed, the proposed industrial uses would generate approximately 425 employment opportunities. Thus, approval of the proposed Project would support land use decisions that encourage the creation, development, and retention of new businesses in in the City. Policy LU-2.8: Encourage land uses, Consistent. Refer to the response to Policy LU-2.7 above. development projects, and public art installations Approval of the proposed Project would support land uses and that promote the city's image as a cultural, development projects that promote the City's image as a governmental, and business -friendly regional business -friendly regional center. center Goal LU-3: Preserve and improve the character and integrity of existing neighborhoods and districts. Policy LU-3.1: Support new development which Consistent. Refer to response to Policy LU-1.8 above. Overall, provides a net community benefit and contributes the proposed Project would provide a net community benefit. to neighborhood character and identity. Policy LU-3.4: Ensure that the scale and Consistent. The proposed Project would be required to comply massing of new development is compatible and with updated development standards governing aesthetics for harmonious with the surrounding built the SD-58 District, which include building heights, setbacks, environment. separations, landscaping standards, and signage. Other than the addition of development standards for perimeter fencing, the development standards for the SD-58 District remain unchanged with proposed the SD-58 amendment. Additionally, no change in density or building height is proposed for SD-58. The proposed buildings would be consistent with or shorter than the heights of the existing buildings. Overall, the scale and massing of the new development would be compatible with the surrounding built environment. Policy LU-3.8: Avoid the development of Consistent. The proposed Project would develop industrial industry and sensitive receptors in close uses at the Project Site. The closest sensitive receptors to the proximity to each other that could pose a hazard Project Site are the institutional use located approximately 100 to human health and safety due to the quantity, feet east of the Project Site and residential uses located concentration, or physical or chemical approximately 800 feet south of the Project Site. However, as characteristics of the hazardous materials discussed above in Section 4.9, Hazards and Hazardous utilized, or the hazardous waste an operation Materials, Project impacts related to the use or, generation, or may generate or emit. emission of hazardous waste would be less than significant. Policy LU-3.9: Improve the health of residents, Consistent. Refer to the response to Policy LU-3.8 above. As students, and workers by limiting the impacts of discussed in Section 4.9, Hazards and Hazardous Materials, construction activities and operation of noxious, the Project Site is not located in an EJ area and impacts hazardous, dangerous, and polluting uses that related to the use of hazardous materials in close proximity to are in close proximity to sensitive receptors, with sensitive receptors would be less than significant. In addition, priority given to discontinuing such uses within as discussed in Section 4.3, Air Quality, Project impacts environmental justice area boundaries. related to air pollutant emissions would also be less than significant. In addition, the Project would include bicycle parking spaces and EV charging stations to encourage alternative modes of transportation and reduce GHG emissions. Goal LU-4: Support a sustainable Santa Ana through improvements to the built environment and a culture of collaboration. Policy LU-4.3: Encourage land uses and Consistent. As discussed throughout this document, the strategies that reduce energy and water proposed Project would reduce energy and water consumption, waste and noise generation, soil consumption. Impacts related to waste and noise generation, contamination, air quality impacts, and light soil contamination, air quality impacts, and light pollution pollution. would be less than significant. Source: City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, April 2022. July I y Council 28 — 487 8/6/202 e 74 South Coast Technology Center Project CEQA Exemption 15183 In addition, according to Figure 5.8-5, John Wayne Airport Safety Compatibility Zones, of the GPU PEIR, the Project Site is not within an airport safety zone. Similarly, according to Figure 5.12-6, John Wayne Airport Noise Contours, of the GPU PEIR, the Project Site is not within the 60 dBA CNEL aircraft operation noise contours. Thus, the Project would not conflict with the Airport Environs Land Use Plan for the John Wayne Airport. Moreover, as the Project Site is not located near the study intersections for the OCTA Congestion Management Program (i.e., Harbor Boulevard and 1 st Street and Harbor Boulevard and Warner Avenue) the proposed Project would not impair implementation of the OCTA Congestion Management Program. As such, the Project would not conflict with any applicable land use plan, policy, or regulations adopted for the purpose of avoiding or mitigating an environmental effect, and impacts would be less than significant. Based on the above, the proposed Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to physically dividing an established community, and conflicting with applicable land use plan, policy, or regulation would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.11.3 Conclusion The Project is consistentwith the General Plan Update. With implementation of RR LU-1 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off - site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to land use and planning than anticipated by the GPU PEIR. 4.11.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR LU-1 Development associated with the General Plan Update would be designed and constructed in accordance with the applicable provisions of Chapter 41 (Zoning) of the City of Santa Ana Municipal Code. Development within specific plan areas, overlay areas, and specific development districts would implement zoning and development standards that are applicable within these subareas in addition to those in the underlying zoning district. 4.12 Mineral Resources 4.12.1 GPU PEIR Findings According to the GPU PEIR, the City is mostly mapped as Mineral Resource Zone (MRZ) 3, which is an area where the significance of mineral deposits cannot be determined from available data. The area in the southeast portion of the City is mapped as MRZ-1, which means an area where no significant mineral resources are present or there is little likelihood that significant mineral resources are present. A small area in the northeast corner of the City is mapped as MRZ-2, which means significant mineral resources are known or very likely. However, the City does not have mineral resource sectors or active or inactive mines. Thus, implementation of the General Plan Update would not cause a loss of availability of known mineral resources, and impacts would be less than significant. July i y Council 28 — 488 8/6/202 e 75 South Coast Technology Center Project CEQA Exemption 15183 4.12.2 Project Analysis The Project Site is located in the southwestern portion of the City, and is mapped MRZ-3, like most of the City. While the significance of mineral deposits cannot be determined from available data in areas mapped as MRZ-3, the City does not have mineral resource sectors. The Project Site is not used as a mineral extraction operation, has not historically been used for mineral resource extraction, and the proposed Project would not include any mineral extraction. Therefore, implementation of the proposed Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State and would not result in the loss of availability of a locally important mineral resource recovery site delineated on a local General Plan, specific plan, or other land use plan. Therefore, consistent with the General Plan Update, impacts to mineral resources would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts to mineral resources would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.12.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to mineral resources than anticipated by the GPU PEIR. 4.12.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures No GPU PEIR regulatory requirements or mitigation measures apply 4.13 Noise 4.13.1 GPU PEIR Findings The GPU PEIR concluded that implementation of the General Plan Update has the potential to result in significant temporary and permanent increases of noise levels throughout the City from construction activities and land use development projects. The General Plan Update included regulations designed to protect new sensitive land uses from excessive noise levels, including GPU PEIR MM N-1, which prescribes measures for construction activities. However, due to the potential for proximity of construction activities to sensitive uses, the number of construction projects occurring simultaneously, and the potential duration of construction activities, the GPU PEIR concluded that construction activities could result in a temporary substantial increase in noise levels above ambient conditions and impacts would remain significant and unavoidable even with mitigation. The GPU PEIR also identified that buildout of the General Plan Update would result in an increase in traffic along local roadways proximate to existing sensitive receptors and could exceed noise standards on several roadway segments. Although policies identified in the General Plan Update Noise Element and Mobility Element would help to minimize and mitigate traffic noise impacts along several roadway segments, the GPU PEIR conservatively concluded that traffic noise increase on the roadway segments would be significant and unavoidable. However, the GPU PEIR also noted that the identification of program -level impacts does not preclude the finding of less -than -significant impacts for subsequent projects analyzed at the project level. July i y Council 28 — 489 8/6/202 e 76 South Coast Technology Center Project CEQA Exemption 15183 The GPU PER determined that construction activity would generate varying degrees of ground vibration. GPU PER MM N-2, which requires preparation of a noise and vibration analysis for projects requiring pile driving during construction within 135 feet of fragile structures, such as historical resources, 100 feet of non -engineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster), or use of a vibratory roller within 25 feet of any structure, and adherence to associated performance standards, would reduce impacts to a less -than -significant level. The GPU PER determined that implementation of GPU PER MM N-3, which applies to new residential projects located within 200 feet of existing railroad lines and GPU PER MM N-4, which applies to industrial developments, would reduce potential vibration impacts during operation to less than significant levels. The GPU PEIR determined that future development of noise -sensitive land uses could be located within areas where airport noise exceeds 60 dBA CNEL, but with implementation of the policies in the Noise Element, impacts would be less than significant. 4.13.2 Project Analysis The following section evaluates potential impacts related to noise and vibration that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment I Noise and Vibration Assessment. The Noise and Vibration Assessment was prepared to fulfill the requirements of GPU PER MM N-4. EXISTING CONDITIONS The Project Site is surrounded by existing commercial and institutional uses to the north, south, and west. The primary sources of stationary noise in the Project vicinity are from urban -related activities (i.e., mechanical equipment and parking areas). Commercial and industrial operations in the Project vicinity can also generate varying degrees of ground vibration, depending on the operational procedures and equipment, which can range from no perceptible effects at the lowest vibration levels, to low rumbling sounds and perceptible vibrations at moderate levels, to slight structural damage at the highest levels. Such equipment -generated vibrations spread through the ground and diminish with distance from the source. The existing noise in the Project vicinity is generated predominately by traffic along surrounding roadways including MacArthur Boulevard, South Susan Street, and Lake Center Drive. These roadways also have the potential to generate vibrations. However, according to the Federal Transit Administration (FTA), it is unusual for vibration from sources, such as buses and trucks, to be perceptible, even in locations close to major roads.29 Existing Ambient Noise Levels Three short-term noise measurements were taken in the Project vicinity on March 12, 2024 to quantify existing ambient noise levels in the Project area. The noise measurement locations are described in Table 4.13-1, Noise Measurements and are representative of typical existing noise exposure at the nearest sensitive receptors. The 10-minute measurements were taken between 11:00 a.m. and 12:30 p.m. Short-term (Leq) measurements are considered representative of the noise levels throughout the day. The noise measurements were taken during "off-peak" (9:00 a.m. through 3:00 p.m.) traffic noise hours as this provides a more conservative baseline. During rush 29 Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground -borne Vibration and Noise, September 2018. July I y Council 28 — 490 8/6/202 e 77 South Coast Technology Center Project CEQA Exemption 15183 hour traffic, vehicle speeds and heavy truck volumes are often low and free -flowing traffic conditions just before or after rush hour often yield higher noise levels. Table 4.13-1 Noise Measurements Site Location Leq (dBA) Lmin (dBA) Lmax (dBA) Time No. 1 In front of 3626 South Marine Street multifamily 72.6 51.2 87.0 11:07 a.m. residential use Near 3388 Corte Cassis residential use, 2 approximately 200 feet west of the Fairview Road 68.2 48.5 86.6 11:39 a.m. and Sunflower Avenue intersection In front of Calvary Chapel bookstore, 3 approximately 200 feet east from the Lake Center 60.3 52.3 81.0 12:07 p.m. Drive and Susan Street intersection Notes: dBA = A -weighted decibels, Leq = Equivalent Sound Level; Lm;n = Minimum Sound Level; Lmax = Maximum Sound Level, Peak = Highest Instantaneous Sound Level Source: Michael Baker International, May 18, 2023. Noise Sensitive Receptors Noise -sensitive land uses are generally considered to include those uses where noise exposure could result in health -related risks to individuals, as well as places where quiet is an essential element of their intended purpose. Residential dwellings are of primary concern because of the potential for increased and prolonged exposure of individuals to both interior and exterior noise levels. Additional land uses such as parks, historic sites, cemeteries, and recreation areas are considered sensitive to increases in exterior noise levels. Schools, churches, hotels, libraries, and other places where low interior noise levels are essential are also considered noise -sensitive land uses. The nearest sensitive receptor to the Project Site is an existing institutional use (Calvary Chapel High School) located approximately 100 feet to the east of the Project Site. The nearest existing residential uses are located approximately 800 feet to the south in the City of Costa Mesa and 850 feet to the east within the City of Santa Ana. SIGNIFICANCE CRITERIA AND METHODOLOGY Construction and Operational Noise Standards Neither the City of Santa Ana nor the City of Costa Mesa have a quantitative threshold that applies to noise levels at active construction sites. To evaluate whether the Project would generate potentially significant temporary construction noise levels at off -site sensitive receiver locations, a construction -related noise level threshold from the from the FTA Transit Noise and Vibration Impact Assessment criteria will be used. The FTA provides reasonable criteria for assessing construction noise impacts based on the potential for adverse community reaction. For residential uses, the daytime noise threshold is 80 dBA Leq averaged over an 8-hour period (Leq (8-hr)) and the nighttime noise threshold is 70 dBA Leq (8-hr). In compliance with the SAMC, construction would not occur during the noise -sensitive nighttime hours. For the purposes of this analysis, the lowest, most conservative construction noise level threshold of 80 dBA Leq is used as an acceptable threshold for construction noise at the nearby sensitive receptor locations. Since this construction -related noise level threshold represents the energy average of the noise source over July I y Council 28 — 491 8/6/202 e 78 South Coast Technology Center Project CEQA Exemption 15183 a given time, they are expressed as Leq noise levels. Therefore, the noise level threshold of 80 dBA Leq over a period of eight hours or more is used to evaluate the potential project -related construction noise level impacts at the nearby sensitive receptor locations. Noise levels from construction equipment and activities were modeled using the Federal Highway Administration's Roadway Construction Noise Model (RCNM). Related to operational noise from a stationary source for the City of Santa Ana, a project would result in a significant impact if project -related operational noise levels exceed the daytime exterior 55 dBA Leq and nighttime exterior 50 dBA Leq noise level standard at nearby sensitive receiver locations (based on the exterior noise level standards in SAMC Section 18.312). The nearest residential uses to the Project Site are located within the City of Costa Mesa. The City of Costa Mesa's residential exterior noise standards are effectively the same as the exterior noise level standards in SAMC Section 18.312,30 which would be applied when analyzing noise impacts for residential uses. A project would result in a significant impact if project -related operational (stationary -source) noise levels exceed the daytime exterior 55 dBA Leq and nighttime exterior 50 dBA Leq noise level standard at the nearest residential uses. Construction and Operational Vibration Standards The FTA Transit Noise and Vibration Impact Assessment Manual provides criteria for acceptable levels of groundborne vibration for various types of buildings, which are shown in Table 4.13-2, Structural Vibration Damage Criteria. As the nearest sensitive receptor structures to Project Site are institutional uses, the architectural damage criterion for continuous vibrations of 0.3 inch -per - second PPV for engineered concrete and masonry is applied for this Project. Table 4.13-2 Structural Vibration Damage Criteria Building Category Peak Particle Velocity for Continuous Sources (PPV) inches/second in/sec I. Reinforced concrete, steel, or timber noplaster) 0.5 II. Engineering concrete and mason noplaster) 0.3 III. Nonengineered timber and masonry buildings 0.2 IV. Buildings extremely susceptible to vibration damage 0.12 Source: FTA, Transit Noise and Vibration Impact Assessment Manual, 2018. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. The vibration level at which human annoyance is perceived is 0.2 inch per second peak particle velocity (PPV).31 Mobile Noise Threshold An off -site traffic noise impact typically occurs when there is a discernable increase in traffic and the resulting noise level exceeds an established noise standard. In community noise considerations, changes in noise levels greater than 3 dB are often identified as discernible, while changes less than 1 dB would not be discernible to local residents. A 5-dB change is generally 30 The residential exterior noise standards in SAMC Section 18.312 are 55 dBA for daytime (7 am —10 pm) and 50 dBA for nighttime (10 am — 7 pm). The residential exterior noise standards in Costa Mesa Municipal Code Chapter 8 are also 55 dBA for daytime (7 am — 11 pm) and 50 dBA for nighttime (11 am — 7 pm). 31 California Department of Transportation, Transportation Related Earthborne Vibrations, 2002. July I y Council 28 — 492 8/6/202 e 79 South Coast Technology Center Project CEQA Exemption 15183 recognized as a clearly discernable difference. Thus, the Project would result in a significant noise impact if a permanent increase in ambient traffic noise levels of 3.0 dB occurs upon Project implementation and the resulting noise level at the receiving sensitive receptor exceeds the applicable exterior standard at a noise sensitive use. PROJECT -GENERATED NOISE IMPACTS Short -Term Construction Impacts Construction activities generally are temporary and have a short duration, resulting in periodic increases in the ambient noise environment. The Project involves construction activities associated with demolition, grading, building construction, paving, and architectural coating applications. The Project would be constructed over a duration of approximately 16 months. Ground -borne noise and other types of construction -related noise impacts typically occur during the initial grading phase, which has the potential to create the highest levels of noise. Construction equipment produces maximum noise levels when equipment is operating under full power conditions (i.e., the equipment engine at maximum speed). However, equipment used on construction sites typically operates under less than full power conditions, at partial power. Table 4.13-3, Noise Levels Generated During Construction Phases displays the estimated construction noise levels at the nearest sensitive receptors. To present a conservative impact analysis, the estimated noise levels were calculated for a scenario in which all heavy construction equipment were assumed to operate simultaneously. Results from RCNM also assumes a clear line -of -sight and no other machinery or equipment noise that would mask project -related construction noise. The shielding of buildings and other barriers that interrupt line -of -sight conditions would help further reduce noise levels than what is shown in Table 4.13-3. According to the General Noise Assessment methodology prescribed in the FTA Transit Noise and Vibration Impact Assessment Manual, noise can be considered as concentrated at the center of the site. In addition, construction activities would occur across the entire Project Site and therefore the estimated noise levels were calculated from the center of the Project Site. The geographic center of the Project Site is approximately 625 feet from the closest sensitive receptor (institutional use) to the east and approximately 1,000 feet from the nearest residential uses to the south. Table 4.13-3 Noise Levels Generated During Construction Phases Estimated Exterior Construction Estimated Exterior Construction Noise Noise Level at 625 feet Level at 1,000 feet Phase (Center of Project Site) (Center of Project Site) dba Le dba Le Demolition 64.5 60.4 Grading 66.3 62.2 Building Construction 64.3 60.3 Paving 59.7 1 55.6 Architectural Coating 51.8 47.7 Notes: 1. These noise levels conservatively assume the simultaneous operation of all heavy construction equipment at the same precise location. Modeled heavy construction equipment includes concrete saws, excavators, and dozers during demolition phase, grader, dozers, and backhoes during the grading phase, forklifts, generator, crane, welders, and backhoes during the building construction phase, pavers, paving equipment, rollers, and backhoes during the paving phase, and air compressor during the architectural coating phase. Source: Federal Highway Administration, Roadway Construction Noise Model (RCNM), 2006. July I y Council 28 — 493 8/6/202 e 80 South Coast Technology Center Project CEQA Exemption 15183 As shown in Table 4.13-3 above, the nearest receptors to the Project Site could be exposed to temporary and intermittent construction noise levels ranging from approximately 51.8 to 66.3 dBA Leq at the nearest institutional use to the east and approximately 47.7 to 62.2 dBA Leq at the nearest residential uses to the south. As such, construction noise would not have the potential to exceed the FTA significance of threshold of 80 dBA Leq. In addition, according to SAMC Section 18-314(e), construction activities are exempt from the residential exterior noise control standards upon compliance with the permitted construction hours. As such, construction activities would be required to comply with the construction timings specified in SAMC Section 18-314(e), which restricts construction activities to the daytime hours of 7:00 a.m. to 8:00 p.m. Monday through Saturday. Compliance with the SAMC construction hours (RR NOI-2) would minimize impacts from construction noise. In addition, the Project is required to comply with the allowable interior noise levels specified in the California Building Code and the CALGreen noise standards pursuant to the requirements of RR NOI-1 and implement GPU PER MM N-1, which enforce measures for construction activities such as requiring the use of best -available noise control techniques, the use of hydraulic or electrical impact tools whenever possible, locating stationary equipment and stockpiling as far as feasible from sensitive receptors, limiting construction traffic to approved haul routes, and the use of temporary construction noise barriers. Therefore, construction impacts resulting from the proposed Project would be less than significant and would be less than the impacts disclosed in the GPU PER, which were determined to be significant and unavoidable despite inclusion of mitigation. Long-term Operational Impacts Mobile Noise Operation of the Project would generate vehicle trips on adjacent roadways, thereby potentially increasing vehicular noise in the vicinity of existing and proposed land uses. The most prominent source of mobile traffic noise in the Project vicinity is along Susan Street, Lake Center Drive, and MacArthur Boulevard. According to the California Department of Transportation, a doubling of traffic (100 percent increase) on a roadway would result in a perceptible increase in traffic noise levels (3 dBA).32 As discussed above the Project would generate approximately 386 net fewer total daily trips compared to the existing conditions.33 As such, as the Project generated traffic volumes would not exceed the traffic volumes of the existing condition, and would not generate additional vehicular noise along adjacent roadways. Project -related traffic noise impacts would be less than significant. On -Site Noise The operations of the proposed Project would be typical of a warehousing facility. Stationary noise sources associated with the Project would include noise generated from mechanical equipment, loading dock activities, and slow -moving trucks. Although the nearest noise sensitive use is the institutional use located approximately 100 feet to the east when measured from the property line, the distances to the nearest sensitive receptors would be greater when measured from the 32 California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. 33 Note that the Trip Generation Assessment analyzed a project with three industrial buildings totaling 325,044 square feet. However, the total building square footage for the proposed project has been reduced to 313,244 square feet. July I y Council 28 — 494 8/6/202 e 81 South Coast Technology Center Project CEQA Exemption 15183 proposed on -site stationary sources. Operational noise levels are analyzed at the surrounding nearest sensitive receptors to the east and south. The Project would install 14 rooftop HVAC units on each warehouse building. Typically, mechanical equipment, such as HVAC units, generate noise levels of 60 dBA (or 84 dBA in sound power level (L,))34 at 20 feet from the source.35 Typical noise associated with loading dock activities would include noise from lift gate operation, backup alarms, load drops, forklifts/pallet jacks, and personnel. Loading dock activity would occur at the western side of Building 1 and the southern side of Building 2 and Building 3. Loading dock activities can typically generate a maximum noise level of approximately 80 dBA in L,,,, per meter. Another major noise source from a warehousing facility is from slow -moving trucks. According to the proposed truck routes, slow - moving truck activities would occur at the western side of Building 1 and the southern side of Building 2 and Building 3. Slow -moving trucks can typically generate a maximum noise level of approximately 62 dBA in L,,,, per square meter. Table 4.13-4, Operational Noise Levels, shows the combined long-term operational noise levels from all noise sources occurring simultaneously at the surrounding sensitive receptors. Table 4.13-4 Operational Noise Levels Estimated Project Generated Noise Level Criteria Noise Levels Receptor Land Use Operational Noise Level (dba Leq)2Exceeds dba Leg)' (Daytime/Nighttime) Standards? Residential Uses to the East 35.2 55/50 No Residential Uses to the South 38.8 55/50 No Institutional Building to the East 40.7 55/50 No School Playground to the Southeast 39.5 55/50 No Notes: 1. Operational noise levels conservatively assume the simultaneous operation of all operational activities at the same time. 2. Noise level criteria are based on the SAMC Section 18.312. For informational purposes, noise level criteria for residential uses in the Costa Mesa Municipal Code Chapter 8 are also 55 dBA for daytime (7 am — 11 pm) and 50 dBA for nighttime (11 am — 7 pm). Source: SoundPLAN Version 5.1. As shown in Table 4.13-4, the nearest sensitive receptors surrounding the Project Site would experience noise levels ranging from 35.2 to 40.7 dBA Leq from the Project's operational activities. The Project's operational noise levels would not exceed noise level standards in the SAMC. Furthermore, the existing ambient noise level at the institutional and residential uses to the east is approximately 72.6 dBA Leq and the existing ambient noise level at the residential use to the south is approximately 68.2 dBA Leq, which are higher than the projected operational noise levels at these sensitive receptors. As such, the Project's operational noise levels would not be audible above existing ambient noise levels and would not increase the ambient noise levels experienced by these sensitive uses. Therefore, the nearest sensitive receptors would not be directly exposed to substantial noise from on -site operational activities, and impacts would be less than significant. 34 Sound power level is used in SoundPlan modeling. The SoundPlan noise model was utilized to predict the anticipated operational noise levels and impacts associated with a worst -case scenario, where all operational activities are assumed to occur simultaneously. SouncIPLAN is a three-dimensional noise model that allows computer simulations of noise situations, and creates noise contour maps using reference noise levels, topography, point and area noise sources, mobile noise sources, and intervening structures. 35 Elliot H. Berger, Rick Neitzel, and Cynthia A. Kladden, Noise Navigator Sound Level Database with Over 1700 Measurement Values, July 26, 2015. July I y Council 28 — 495 8/6/202 e 82 South Coast Technology Center Project CEQA Exemption 15183 Based on the above, the Project's operational mobile and stationary source impacts would be less than significant and would be less than the impacts disclosed in the GPU PEIR, which concluded that traffic noise impacts during operation would be significant and unavoidable, and no feasible or practical mitigation are available to reduce traffic noise impacts. Summary of Project -Generated Noise Impacts Based on the above, the Project's construction and operational noise impacts would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the Project's construction and operational noise impacts would be significant and unavoidable. Therefore, no new project - specific mitigation measures are required. PROJECT -GENERATED VIBRATION IMPACTS Short -Term Construction Vibration Impacts Project construction activities have the potential to generate ground -borne vibration and result in construction vibration impacts that include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods of time. The vibration level at which human annoyance is perceived is 0.2 inch per second PPV. Building damage can be cosmetic or structural. Ordinary buildings that are not particularly fragile would not experience any cosmetic damage (e.g., plaster cracks) at distances beyond 25 feet from most construction vibration sources. This distance can vary substantially depending on the soil composition and underground geological layer between the vibration source and the receiver. In addition, not all buildings respond similarly to vibration generated by construction equipment. The FTA architectural damage criterion for continuous vibrations of 0.3 in/sec PPV for engineered concrete and masonry (refer to Table 4.13-2) is used because the closest structures to the Project Site are institutional use buildings. The nearest sensitive receptor building is located approximately 225 feet to the east of the Project construction activities. As such, vibration impacts are analyzed at 225 feet to evaluate the architectural building damage criterion. Groundborne vibration decreases rapidly with distance. As a result, vibration velocities from the construction equipment would be barely perceptible at this distance. Typical vibration produced by construction equipment is illustrated in Table 4.13-5, Typical Vibration Levels for Construction Equipment. Table 4.13-5 Typical Vibration Levels for Construction Equipment Approximate peak particle Approximate peak particle Equipment velocity at 25 feet inch/sec velocity at 225 feet inch/sec 1 Large bulldozer 0.089 0.0033 Loaded trucks 0.076 0.0028 Small bulldozer 0.003 0.0001 Notes: 1. Calculated using the following formula: PPV equip = PPV ref (25/D)'' where: PPV equip = the peak particle velocity in in/sec of the equipment adjusted for the distance PPV ref = the reference vibration level in in/sec from Table 7-4 of the FTA Transit Noise and Vibration Impact Assessment Guidelines D = the distance from the equipment to the receiver Source: Federal Transit Administration, Transit Noise and Vibration Impact Assessment Guidelines, September 2018. July I y Council 28 — 496 8/6/202 e 83 South Coast Technology Center Project CEQA Exemption 15183 As shown in Table 4.13-5, vibration velocities from typical heavy construction equipment operation would range from 0.003 to 0.089 inch/second PPV at 25 feet from the source of activity. The nearest structure to the Project Site is the existing institutional use building located approximately 225 feet to the east of the Project Site. Table 4.13-5 shows that the vibration level during the operation of construction equipment would be approximately less than 0.0001 inch/second PPV to 0.0033 inch/second PPV at 225 feet. As a result, construction groundborne vibration would not exceed the 0.2 inch per second PPV significance threshold for human annoyance or 0.3 inch/second PPV significance threshold for building damage at the nearest structures. It should be noted that GPU PEIR MM N-2, which applies to projects utilizing pile driving during construction, and GPU PEIR MM N-3, which applies to residential projects located within 200 feet of existing railroad lines, are not applicable to the Project since the Project would not include pile driving and is not a residential project. In addition, the Noise and Vibration Assessment prepared for the Project (Attachment J) satisfies the requirements of GPU PEIR MM N-4, which requires industrial projects subject to CEQA to conduct a noise and vibration analysis. Therefore, vibration impacts would be less than significant impact during construction. Long -Term Operational Vibration Impacts The proposed industrial uses on the Project Site would not generate groundborne vibration that could be felt by the nearest sensitive receptors. However, heavy duty trucks associated with operation of the proposed Project would occasionally travel through the surrounding roadways. According to the FTA, it is unusual for vibration from sources, such as buses and trucks, to be perceptible, even in locations close to major roads.36 As such, it can be reasonably inferred that operation of the proposed Project would not create perceptible vibration impacts to the nearest sensitive receptors. Therefore, vibration impacts related to human annoyance and building damage during operation would be less than significant. Summary of Project -Generated Vibration Impacts Based on the above, the Project's construction and operational vibration impacts would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the Project's construction and operational vibration impacts would be less than significant with mitigation incorporated. Therefore, no new project -specific mitigation measures are required. EXCESSIVE NOISE NEAR AIRPORTS The nearest airport to the Project Site is the John Wayne Airport located approximately 2.9 miles to the southeast. The Project Site is not located within two miles of the airport. Additionally, the Project Site is not located within the vicinity of a private airstrip or related facilities. Therefore, Project implementation would not expose people residing or working in the Project area to excessive noise levels associated with aircraft. As such, the impacts would be less than significant. Based on the above, impacts related to airport noise would be less than significant. The Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that the airport noise impacts would be less than significant. Therefore, no new project -specific mitigation measures are required. 36 Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground -borne Vibration and Noise, September 2018. July I y Council 28 — 497 8/6/202 e 84 South Coast Technology Center Project CEQA Exemption 15183 4.13.3 Conclusion The Project is consistent with buildout of the General Plan Update. Upon implementation of RR NOI-1 through RR NOI-3 and GPU EIR MM N-1 and MM N-4, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to noise and vibration than anticipated by the GPU PEIR. 4.13.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR NOI-1: California Building Code: The California Building Code (CBC), Title 24, Part 2, Volume 1, Chapter 12, Interior Environment, Section 1207.11.2, Allowable Interior Noise Levels, requires that interior noise levels attributable to exterior sources shall not exceed 45 dB in any habitable room. The noise metric is evaluated as either the day -night average sound level (Ldn) or the community noise equivalent level (CNEL), consistent with the noise element of the local general plan. The State of California's noise insulation standards for non-residential uses are codified in the California Code of Regulations, Title 24, Building Standards Administrative Code, Part 11, California Green Building Standards Code (CALGreen). CALGreen noise standards are applied to new or renovation construction projects in California to control interior noise levels resulting from exterior noise sources. Proposed projects may use either the prescriptive method (Section 5.507.4.1) or the performance method (Section 5.507.4.2) to show compliance. Under the prescriptive method, a project must demonstrate transmission loss ratings for the wall and roof -ceiling assemblies and exterior windows when located within a noise environment of 65 dBA CNEL or higher. Under the performance method, a project must demonstrate that interior noise levels do not exceed 50 dBA Leq(1 hr). RR NOI-2: Construction Noise Sources: Section 18-314(e) of the Santa Ana Municipal Code prohibits construction activities to the hours of 7:00 AM to 8:00 PM Monday through Saturday. RR NOI-3: Stationary Noise Sources: Section 18.312 of the Santa Ana Municipal Code establishes standards for stationary noise sources. MM N-1: Construction contractors shall implement the following measures for construction activities conducted in the City of Santa Ana. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans submitted to the City: The City of Santa Ana Planning and Building Agency shall verify that grading, demolition, and/or construction plans submitted to the City include these notations prior to issuance of demolition, grading, and/or building permits. • Construction activity is limited to the hours: Between 7 AM to 8 PM Monday through Saturday, as prescribed in Municipal Code Section 18-314(e). Construction is prohibited on Sundays. July i y Council 28 — 498 8/6/202 e 85 South Coast Technology Center Project CEQA Exemption 15183 • During the entire active construction period, equipment and trucks used for project construction shall use the best -available noise control techniques (e.g., improved mufflers, equipment re -design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible. • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment, such as generators and air compressors shall be located as far as feasible from nearby noise -sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise -sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency. • At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours, as well as the telephone numbers of the City's and contractor's authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor's representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on -site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. During the entire active construction period and to the extent feasible, the use of noise -producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line -of -sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 4 pounds per square foot with no gaps from the ground to the top of the barrier. MM N-4: During the project -level California Environmental Quality Act (CEQA) process for industrial developments under the General Plan Update or other projects that could generate substantial vibration levels near sensitive uses, a noise and vibration analysis shall be conducted to assess and mitigate potential noise and vibration impacts related to the operations of that individual development. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer and shall follow the latest CEQA guidelines, practices, and precedents. July i y Council 28 — 499 8/6/202 e 86 South Coast Technology Center Project CEQA Exemption 15183 4.14 Population and Housing 4.14.1 GPU PER Findings The GPU PER concluded that full buildout of the General Plan Update would result in a population of 431,629 and the City's 2045 population growth would be approximately 20 percent greater than the Orange County Council of Government (COG) 2045 population projections for the City. Furthermore, it is anticipated that General Plan Update buildout would result in 115,053 dwelling units, which exceeds the Orange County COG's housing projections for the City by 38 percent. The GPU PER stated that development based on the General Plan Update's land use designations would result in a jobs -housing ratio of 1.5, which is lower than the City's existing ratio (2.0) and the ratio projected by Orange County COG (2.1). A ratio of 1.5 would bring the City closer to a more equal distribution of employment and housing. Thus, the GPU PEIR determined the population growth resulting directly from the proposed GPU would be offset by the increase of employment opportunities provided to the City's residents and workers commuting into Santa Ana. The GPU PER concluded that impacts related to unplanned population growth are considered potentially significant. However, there are no feasible mitigation measures to mitigate the population and housing growth anticipated for the buildout of the General Plan Update. Thus, impacts related to a substantial increase in unplanned population growth were determined to be significant and unavoidable. According to the GPU PER, the General Plan Update would change the land use designations of 839.7 acres of existing nonresidential land uses to residential uses. Thus, the General Plan Update would provide for additional residential opportunities in areas that currently do not allow residential uses. As such, the General Plan Update would not displace people and/or housing and no impacts would occur. 4.14.2 Project Analysis The Project proposes to demolish three office buildings to construct three new industrial buildings for office, manufacturing, and/or warehouse use. Once constructed, the three new industrial buildings would total 313,244 square feet and would generate 425 employees based on estimates provided by the Project applicant. It is anticipated that some of the workforce would be filled by individuals who live in the City, as 20 percent of residents who live in Santa Ana also work in the City,37 or nearby, as 65 percent of residents work in Orange County, 38 thus not inducing substantial population growth. A portion of the workforce could also be drawn from individuals who relocate closer to the Project Site. However, even assuming that all 425 individuals would relocate to the City or neighboring cities, the potential growth associated with operation of the proposed Project in the opening year of 2026 would only constitute 0.005 percent of employment growth when compared to the SCAG region, which has a projected employment of 9,373,688 for 2026.39 Therefore, the Project would not directly or indirectly result in substantial unplanned population growth. Moreover, as the proposed Project would provide additional jobs in the City, it would improve the jobs -housing ratio determined in the GPU PER and help offset residential 37 Southern California Association of Governments (SCAG), Local Profiles Report, Profile of the City of Santa Ana, May 2019, https://scag.ca.-Qov/sites/main/files/file-attachments/santaana local profile. pdf?1606012682, accessed June 5, 2024. 38 SCAG, Local Profiles Report, Profile of Orange County, May 2019, https://scag.ca.gov/sites/main/files/file- attachments/orangecountylp.pdf?1606012194, accessed June 5, 2024 39 According to Table 3.1, Comparing 30 Years of Growth: Past and Future, of Connect SoCal 2024, the SCAG region has a projected employment of 9,855,000 in 2035. The employment growth projection for 2026 is based on a straight line interpolation from 2019 to 2035. July I y Council 28 — 500 8/6/202 e 87 South Coast Technology Center Project CEQA Exemption 15183 population growth impacts resulting from implementation of the General Plan Update. Thus, the Project impacts related to substantial unplanned population growth would be less than significant. Additionally, the Project Site does not currently contain any residential uses and the proposed Project would not displace existing people or housing. Therefore, consistent with the GPU PEIR, no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to substantial unplanned population growth would be significant and unavoidable and displacement of people and housing would not occur. Therefore, no new project -specific mitigation measures are required. 4.14.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to population and housing than anticipated by the GPU PEIR. 4.14.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures No GPU PEIR regulatory requirements or mitigation measures apply. 4.15 Public Services 4.15.1 GPU PEIR Findings The GPU PEIR concluded that introduction of new structures and additional residents and workers to the City would increase the demand for fire and police protection services. However, funding for additional staff, equipment, and facilities would come from property taxes, grants, special revenue funds, and the City's general fund as future development accommodated by the General Plan Update occurs. The additional demand for fire and police protection services due to population growth generated within the City would be satisfied through these sources. Additionally, development under the General Plan Update would comply with the California Fire and Building Codes, California Health and Safety Code, City ordinances, and applicable national standards and would require approval of Building Plan Check for Site Plan and Emergency Access as well as approval of a Fire Master Plan. Moreover, as part of the project review process, the Santa Ana Police Department may require project design features to improve security on -site. Additionally, the GPU PEIR determined that some school districts within the City would have the capacity to accommodate future students generated as a result of the proposed General Plan Update. Should there be a need to expand or construct new facilities, funding for new schools would be obtained from the mitigation fee program pursuant to SB 50, and state and federal funding programs. Pursuant to Section 65996 of the Government Code, payment of school fees is deemed to provide full and complete school facilities mitigation (RR SS-1). Further, while library services would also experience an increase in demand, property taxes and library fines and fees are expected to offset this increased demand. Overall, impacts related to public services would be less than significant. July i y Council 28 — 501 8/6/202 e 88 South Coast Technology Center Project CEQA Exemption 15183 4.15.2 Project Analysis As discussed in Section 4.14, Population and Housing, the Project is not a residential project that would generate population growth. However, the Project would generate 425 employees, which would increase the daytime population on the Project Site and the corresponding demand for fire and police protection services. The proposed Project would comply with the California Fire and Building Codes, California Health and Safety Code, City ordinances, and applicable national standards and would require approval of Building Plan Check for Site Plan and Emergency Access as well as approval of a Fire Master Plan. The proposed Project would include gated driveways and security cameras, which would provide site security and minimize the demand for police services. Additionally, the proposed Project would comply with RR FP-1, which would ensure that the proposed Project would meet the fire regulations outlined in California Health and Safety Code. The Project would also generate property tax which further fund fire and police protection services. Therefore, consistent with the General Plan Update, impacts related to fire and police protection services would be less than significant. As the Project is not a residential project and it is anticipated that workers for the Project would be drawn from the existing City and regional workforce, the proposed Project would not generate school -aged children or a population that would increase demand for library services. As stated in the GPU PEIR, funding for school services would be obtained from the fee program pursuant to SB 50 and state and federal funding programs; funding for library services comes primarily from property taxes and library fines and fees collected from patrons, and state, federal, or government aid. The Project would pay fees pursuant to SB 50 (RR SS-1) and property taxes, which would offset any nominal demand for school or library services create by the Project. Therefore, consistent with the General Plan Update, impacts related to school and library services would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to public services would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.15.3 Conclusion The Project is consistentwith the General Plan Update. With implementation of RR FP-1 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off - site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to public services than anticipated by the GPU PEIR. 4.15.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR FP-1 New buildings are required to meet the fire regulations outlined in California Health and Safety Code (Sections 13000 et seq.). RR SS-1 New residential and commercial authorized by Section 65996 of the complete school facilities mitigation.' development shall pay development fees California Government Code to be "full and July i y Council 28 — 502 8/6/202 e 89 South Coast Technology Center Project CEQA Exemption 15183 4.16 Recreation 4.16.1 GPU PEIR Findings The GPU PEIR states that the City has existing park deficiencies and concluded that buildout of the General Plan Update would exacerbate the existing shortage based on the projected population growth and scale of development in park deficient areas. The GPU PEIR determined that buildout of the General Plan would generate the demand for approximately 564 acres of parkland and recreational facilities. Without acquisition of new parkland, population growth related to buildout of the General Plan Update would equate to 1.20 acres per 1,000 residents, which is 0.80 acres below the City's parkland standard. The deficiency would be reduced by park and recreational amenities developed and maintained by the City in addition to private parks and recreational facilities owned and maintained by homeowner associations. Future development in accordance with the General Plan Update would be required to dedicate land or pay in -lieu impact fees per SAMC Chapter 34, Article VIII, and SAMC Chapter 35, Article IV, as well as the Quimby Act. The collected park development impact fees would fund future park acquisition and development and assist the City in achieving the parkland standard of two acres per 1,000 residents. The lack of existing parks is particularly apparent for the 55 Fwy/Dyer Road focus area. To address potential impacts to existing parks within 0.5-mile of the focus area, GPU PEIR MM REC-1 is included, which would require preparation of a public park utilization study for new residential development within the 55 Fwy/Dyer Road focus area, followed by further mitigation for incremental cumulative impacts. However, impacts would remain significant and avoidable even with mitigation. The City is essentially built -out and very limited vacant land is available to be developed with new recreational opportunities, new or expanded facilities would need to occur outside of park - designated parcels which may have an adverse physical effect on the environment, including impacts relating to air quality, biological resources, lighting, noise, and traffic. Although construction and/or expansion of new parks and recreation facilities would be subject to General Plan Update policies and implementation actions, regulatory requirements, and future, project - specific environmental review under CEQA, the GPU PEIR concluded that development of such facilities could result in significant and unavoidable impacts. The GPU PEIR determined that development of such facilities could result in significant and unavoidable impacts. 4.16.2 Project Analysis As discussed in Section 4.14, Population and Housing, the Project is not a residential project that would generate population growth. The Project would generate 425 employees and it is anticipated that these employees would be drawn from the existing City or region workforce. The Project's employees would not be expected to utilize existing parks or recreational facilities during work hours. Moreover, the proposed Project would provide 2,812 square feet of outdoor patio area for employee use during breaks. As such, the Project would not cause or accelerate substantial physical deterioration of existing parks or other recreational facilities nor include or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment and no impacts would occur. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to parks and recreational facilities would be significant and unavoidable. Therefore, no new project -specific mitigation measures are required. July i y Council 28 — 503 8/6/202 e 90 South Coast Technology Center Project CEQA Exemption 15183 4.16.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to recreation than anticipated by the GPU PEIR. 4.16.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: No GPU PEIR regulatory requirements or mitigation measures apply. 4.17 Transportation 4.17.1 GPU PEIR Findings The GPU PEIR determined that buildout of the General Plan Update would not conflict with a program, plan, ordinance, or policy addressing the circulation system with implementation of RR T-1. RR T-1 requires the City to design and operate a balanced multimodal circulation system network with all users in mind including bicyclists, public transportation vehicles and riders, and pedestrians of all ages and abilities. The General Plan Update incorporates future networks and policies related to supporting transit, bicycles, and pedestrians in the City, which are consistent with regional and local planning efforts supporting these modes of travel. The GPU PEIR also determined that implementation of the General Plan Update would result in a reduction of VMT per service population in comparison to existing conditions at the time the GPU PEIR was prepared and would achieve a VMT per service population of at least 15 percent lower than the County VMT per service population. In addition, the GPU PEIR also determined that buildout of the General Plan Update would not substantially increase hazards due to a geometric design feature or result in inadequate emergency access with compliance with the City's circulation plan and roadway design guidelines, the California Manual of Uniform Traffic Control Devices design guidelines, the policies in the City's Mobility Element, and with implementation of RR T-2. RR T- 2 requires projects pursuant to the General Plan Update to implement fire protection requirements as detailed in the Orange County Fire Authority's (OCFA) Fire Prevention Guidelines and the California Fire Code. Overall, impacts related to transportation were determined to be less than significant. 4.17.2 Project Analysis CONSISTENCY WITH APPLICABLE PROGRAM, PLAN, ORDINANCE, OR POLICY The Project does not propose changes to the existing circulation system in the Project area. Pedestrian circulation for the proposed Project would continue to be provided via existing public sidewalks along Lake Center Drive and Susan Street within the vicinity of the Project Site. There are no bike paths, bike lanes, or bus routes along Lake Center Drive and South Susan Street adjacent to the Project Site. Additionally, based on the existing traffic and pedestrian volumes, current intersection geometrics, and review of the accident data, the installation of a traffic signal at the intersection of Alpine Street/Lake Center Drive at MacArthur Boulevard would not be warranted.ao,a, Moreover, according to SAMC Chapter 36, Article XIII, Transportation 40 Linscott, Law & Greenspan, Engineers, Traffic Signal Warrant Analysis for Alpine Street/Lake Center Drive at MacArthur Boulevard, January 19, 2024. 41 The Traffic Signal Warrant Analysis was conducted for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the analysis, the total building square footage has been reduced to 313,244 square feet. Therefore, the Project's analysis is conservative. July I y Council 28 — 504 8/6/202 e 91 South Coast Technology Center Project CEQA Exemption 15183 Management, any developments with more than 250 employees would be required to prepare a Transportation Demand Management (TDM) plan. The proposed Project would result in approximately 425 employees and would be required to prepare a TDM plan to reduce demand on the circulation system by promoting alternative modes of transportation, reducing or limiting the number of vehicle trips, and implementing other strategies to reduce the demand on the circulation system. The TDM plan for the proposed Project would be required to comply with standards and regulations listed within the SAMC. Thus, the proposed Project would not conflict with any program, plan, ordinance, or policy addressing the circulation system and impacts would be less than significant. VMT ASSESSMENT According to the City of Santa Ana Traffic Impact Study Guidelines (City Traffic Guidelines), a project can be presumed to have a less -than -significant VMT impact if the project satisfies one of the following screening criteria: 42 • Projects which serve the local community and have the potential to reduce VMT, such as neighborhood K-12 schools and local -serving retail less than 50,000 sq. ft. (Charter schools are excluded from this criteria). • Projects that generate less than 110 net daily trips. • Projects located within Transit Priority Areas (TPAs); refer to City Traffic Guidelines Appendix A, Santa Ana Transit Priority Areas. • Projects located in a low-VMT generating Traffic Analysis Zone (TAZ). City Traffic Guidelines Appendix B, VMT/SP in Santa Ana as Compared to Orange County Average, shows VMT per service population in Santa Ana as compared to the County average. Low-VMT TAZs per Santa Ana's threshold of significance are any TAZs generating VMT 15 percent below the County average. The Project proposes to demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. According to the Attachment K, Trip Generation Assessment, the trip generation potential for the existing land use totals 1,930 daily trips, with 271 trips (238 inbound, 33 outbound) during the AM peak hour and 256 trips (44 inbound, 212 outbound) during the PM peak hour. The proposed Project would generate approximately 1,544 gross daily trips with 222 gross trips (169 inbound, 53 outbound) during the AM peak hour and 242 gross trips (76 inbound, 166 outbound) during the PM peak hour. Thus, the proposed Project would generate 386 fewer gross daily trips, 49 fewer gross AM peak hour trips and 14 fewer gross PM peak hour trips than existing uses. Therefore, the proposed Project would meet the screening criteria for projects that generate less than 110 net daily trips. Additionally, according to the Attachment L, Vehicle Miles Traveled (VM7) Screening Assessment for the Proposed South Coast Technology Center (VMT Assessment),43 prepared by Linscott, Law & Greenspan, Engineers (LLG) dated February 29, 2024, the Project Site is located within a TPA, which is defined as a 0.5-mile radius around an existing or planned major transit stop (e.g., Metrolink Station, Streetcar Station, etc.) or an existing stop along a high -quality transit corridor. 42 City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. 43 The VMT Assessment was conducted for a project with three industrial buildings totaling 325,044 square feet. However, since the completion of the analysis, the total building square footage has been reduced to 313,244 square feet. Therefore, the VMT assessment is conservative. July I y Council 28 — 505 8/6/202 e 92 South Coast Technology Center Project CEQA Exemption 15183 Further, the Project is consistent with the land uses in the 2020-2024 RTP/SCS, which assumed the Project Site would be built out with an industrial use. Thus, the Project also meets the screening criteria related to projects located within TPAs. Overall, the Project meets two of the VMT screening requirements and thus, no VMT analysis would be required. Accordingly, the Project's VMT impact is presumed to be less than significant. HAZARDS AND EMERGENCY ACCESS The Project would not introduce incompatible uses to area roadways. Site access would not change as part of the proposed Project. Similar to existing conditions, the Project Site would be accessible from driveways along Lake Center Drive and South Susan Street. Project driveways and internal roadways would be designed to meet City standards. Additionally, the proposed Project would not require any full road closures during Project construction. Emergency access to the Project Site and within the surrounding area would be maintained during construction and operation of the Project. Furthermore, pursuant to RR T-2, the Project would be required to implement OCFA's fire protection requirements to ensure that the Project would not adversely affect emergency vehicle access. Therefore, impacts related to hazards and emergency access would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to consistency with a circulation plan, program, ordinance, or policy; VMT; hazards; and emergency access would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.17.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe transportation impacts than anticipated by the GPU PEIR. 4.17.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: RR T-2 Projects pursuant to the General Plan Update will implement fire protection requirements as detailed in the Orange County Fire Authority's Fire Prevention Guidelines and in the California Fire Code. 4.18 Tribal Cultural Resources 4.18.1 GPU PEIR Findings As discussed in the GPU PEIR, the City consulted with applicable Native American tribes in accordance with SB 18 and AB 52 and determined that future development allowed under the General Plan Update could potentially impact and cause significant adverse impacts to portions of the City with sensitivity to tribal cultural resources. The GPU PEIR MM CUL-4 through MM CUL-7 were included to reduce such impacts. Specifically, GPU PEIR MM CUL-4 requires an Archaeological Resources Assessment for projects with ground disturbance to be conducted under the supervision of an archaeologist that meets the Secretary of the Interior's Professionally Qualified Standards in either prehistoric or historic archaeology. Further, if unpaved surfaces are present within the project area, and the entire project area has not been previously surveyed within the past 10 years, a Phase I pedestrian survey is required. If potentially significant July i y Council 28 — 506 8/6/202 e 93 South Coast Technology Center Project CEQA Exemption 15183 archaeological resources are identified and impacts cannot be avoided, GPU PEIR MM CUL-5 requires a Phase II Testing and Evaluation investigation to be performed by an archaeologist meeting the Secretary of the Interior's Standards to determine the significance of the resource(s), and site -specific mitigation measures to be developed for significant resources. Per GPU PEIR MM CUL-6, if the Archaeological Resources Assessment does not identify archaeological resources but indicates the project area is highly sensitive for archeological resources, a qualified archaeologist and a Native American monitor culturally affiliated with the project area must monitor all ground -disturbing activities in the areas of high archaeological sensitivity. In the event that archaeological resources (artifacts or features) are exposed during ground -disturbing activities, construction activities in the immediate vicinity of the discovery must halt while the resources are evaluated for significance by a qualified archaeologist. Pursuant to GPU PEIR MM CUL-7, if the Archaeological Resources Assessment does not identify potentially significant archaeological resources but the site has moderate sensitivity for archaeological resources, an archaeologist meeting the Secretary's Standards must be retained on -call. The archaeologist must inform all construction personnel prior to construction activities about the proper procedures in the event of an archaeological discovery. According to the GPU PEIR, impacts related to tribal cultural resources would be reduced to less -than -significant levels with implementation of GPU PEIR MM CUL-4 through MM CUL-7. 4.18.2 Project Analysis The following section evaluates potential impacts to tribal cultural resources that would result from the construction and operation of the proposed Project. The analysis is primarily based upon Attachment M, Tribal Cultural Resources Identification Memorandum (Tribal Cultural Resources Memorandum). Additionally, as discussed above in Section 3, California Environmental Quality Act Regulatory Setting, the proposed Project qualifies for an exemption under CEQA Guidelines Section 15183. Therefore, no formal government -to -government consultation pursuant to AB 52 is required for the proposed Project. Based on the Tribal Cultural Resources Memorandum, the Project Site is located in a region traditionally important to multiple Native American groups. In particular, these include the Gabrielino (including the Tongva and Kizh), the Juaneno or Acjachemen, and the Luiseno. In March 2024, a Native American Heritage Commission search of the Sacred Lands File for any Native American cultural resources that might be affected by the Project yielded negative results. Moreover, as discussed in Section 4.5, Cultural Resources, a records search of the Project Site and a half -mile search radius identified five resources within the Project area, none of which are located within or adjacent to the Project Site. An archaeological field survey conducted in February 2024 identified two marine shell scatters along the northeast portion of the Project Site's vacant parcel; none of the shell observed on -site showed any sign of burning or other cultural modification. No prehistoric artifacts were observed, either within or outside the shell scatters anywhere on the Project Site. Based on the results of the field survey, a follow-up visit occurred to conduct limited subsurface testing to understand the origin of the shell scatters and determine whether the shell is an archaeological resource. Based on the collective evidence from the geotechnical trenching and the archaeological shovel test pits, it was concluded that the shell scatters do not constitute an archaeological site. All the observed shell and shell fragments are unmodified. All the documented shell and shell fragments were located at or within 10 cm of the surface, within artificial fill. No prehistoric artifacts were observed anywhere in the Project Site. The collective evidence is that the shells and shell fragments were brought in with imported fill and dumped at the site relatively recently. Thus, the shell scatters are not part of a prehistoric deposit and are not historical resources as defined by CEQA Section 15064.5(a). July i y Council 28 — 507 8/6/202 e 94 South Coast Technology Center Project CEQA Exemption 15183 The Project would redevelop a 10.2-acre office park and develop an approximately 5.6-acre vacant field. The majority of the excavation for the proposed buildings would require over - excavation for the building pads at a depth of approximately 5 to 8 feet. Trenches for utility connections would require a maximum excavation depth of 14 feet. Based on the Tribal Cultural Resources Memorandum, sensitivity for cultural resources consisting of archaeological sites is considered low at and near the surface but increases to moderate with depth. The late nineteenth to early twentieth century bed of the Santa Ana River was located approximately 0.6 miles to the northwest and would have provided abundant resources to area inhabitants. As the river meandered and changed its course, it or its tributaries may have been located closer to the Project area at times. These conditions heighten the sensitivity of the Project area for buried cultural resources. However, the Project area has an extensive history of recent disturbances. East of Susan Street, the Project Site is entirely developed by the construction of multi -storied office buildings, a pond, and parking lots. Building methods at the time, and the installation of associated utilities, would have resulted in the disturbance of archaeological sites buried at shallow depths. West of Susan Street, geotechnical testing indicates that a layer of imported fill, ranging from 3 to 4.5 feet thick, covers the entire Project Site. However, buried resources may remain in areas where developments such as parking lots or structures with shallow foundations have required only minimal ground disturbance, or below the existing imported fill. Therefore, the sensitivity of the Project area at the surface and near surface is low due to past disturbances. However, excavations for the Project are anticipated to disturb a large part of the Project Site to points below the level of existing fill and other disturbances. The sensitivity for potential buried prehistoric archaeological sites is moderate in these undisturbed soils. Therefore, consistent with the GPU PEIR, the proposed Project would implement GPU PEIR MM CUL-7 since the Cultural Memorandum did not identify potentially significant resources but portions of the Project Site with undisturbed soils has been determined to be moderately sensitive for buried resources. With implementation of GPU PEIR MM CUL-7, impacts would be reduced to less -than -significant levels. Additionally, in the event that human remains are uncovered during ground disturbing activities, the Project would be required to comply with California Health and Safety Code Section 7050.5 (RR CUL-1) and Public Resources Code Section 5097.98 to ensure that Project impacts to human remains would be less than significant. Based on the above, the Project would not result in new or substantially more severe impacts would occur compared to the determinations of the GPU PEIR, which concluded that impacts to tribal cultural resources would be less than significant with mitigation incorporated. Therefore, no new project -specific mitigation measures are required. 4.18.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR CUL-1 and GPU PEIR MM CUL-7 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no project -specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe tribal cultural resources impacts than anticipated by the GPU PEIR. July i y Council 28 — 508 8/6/202 e 95 South Coast Technology Center Project CEQA Exemption 15183 4.18.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.5, Cultural Resources, for RR CUL-1 and MM CUL-7. 4.19 Utilities and Service Systems 4.19.1 GPU PEIR Findings The GPU PEIR concluded that buildout of the General Plan Update would increase sewer flows and sewer upgrades may be needed to achieve optimal hydraulic capacity. However, the City's Sewer Master Plan and Capital Improvement Program process would adequately prioritize necessary projects as developments under the General Plan Update occur. Additionally, as described in the GPU EIR any project within the City and under the GPU that goes through the entitlement process would be required to perform a sewer monitoring study with submittal and review of the study by City staff. If the sewer system is found to be deficient, the developer would be required to upsize the portion of the sewer pipe within the frontage of their property in accordance with City standards and could pay for the upsize through agreements with the Orange County Sanitary District (OCSD). The GPU PEIR also concluded that OCSD wastewater treatment plants would have the capacity to accommodate the increased flows generated by the buildout of the General Plan Update. Additionally, the GPU PEIR states that that any sewer utility infrastructure improvement would be designed, constructed, and operated in accordance with the City's Design Guidelines for Water and Sewer Facilities, and development would be required to abide by the requirements of OCSD's ordinances and wastewater discharge requirements of the NPDES permit. Overall, with compliance with General Plan Update policies related to wastewater and implementation of RR U-1 through RR U-3, impacts related to wastewater infrastructure and wastewater treatment facilities were determined to be less than significant. The GPU PEIR concluded that buildout of the General Plan Update would increase water demand, but the City would have adequate capacity for the proposed increases in water demand across the City and adequate supplies from the City, Orange County Water District, and Metropolitan Water District of Southern California to meet the increased demand. Furthermore, policies in the General Plan Update encourage business and industry to improve their performance in water conservation, promote the implementation of cost-effective conservation strategies and programs that increase water -use efficiency, and encourage and educate residents, business owners, and operators of public facilities to use water wisely and efficiently. Policies also promote the maintenance and upgrade of water infrastructure through impact fees from new development and use of drought -tolerant landscape. Overall, with compliance with General Plan Update policies related to water and implementation of RR U-5 through RR U-7, impacts related to water infrastructure and supply were determined to be less than significant. The GPU PEIR concluded that, while the City is largely developed, buildout of the General Plan Update would result in vacant lots being developed into higher -intensity uses that could increase peak -flow runoff. However, the City has policies in place for reviewing and permitting new developments, which includes review of potential increases in runoff. Policies in the General Plan Update also encourage site drainage features that reduce impermeable surface area, increase surface water infiltration, and minimize surface water runoff during storm events on private and public developments. Overall, with compliance with General Plan Update policies related to drainage and stormwater and implementation of RR U-8.1, RR HYD-1, and RR HYD-4, impacts related to stormwater drainage were determined to be less than significant. July i y Council 28 — 509 8/6/202 e 96 South Coast Technology Center Project CEQA Exemption 15183 The GPU PEIR concluded that waste generated by buildout of the General Plan Update could be accommodated by existing facilities. Additionally, all development pursuant to the General Plan Update would comply with the CALGreen Code, which requires that at least 65 percent of nonhazardous construction and demolition waste from nonresidential construction operations be recycled and/or salvaged for reuse. Policies in the General Plan Update also encourage land uses and strategies that reduce waste generation and support infill development projects that provide adequate and creative solutions for waste and recycling collection activities. Overall, with compliance with General Plan Update policies related to solid waste and implementation of RR U-7 and RR U-8.2, impacts related to solid waste were determined to be less than significant. As stated in the GPU PEIR, the forecasted increase in electricity and natural gas demand for the plan area is well within the forecasted demand in Southern California Edison's and Southern California Gas Company's service area, respectively. Furthermore, development pursuant to the General Plan Update would be required to comply with energy efficiency standards, appliance efficiency regulations, CALGreen, and policies of the General Plan Update for energy -efficient building design and maintenance practices. Therefore, the GPU EIR concluded that impacts related to other utilities, including electric power, natural gas, and telecommunications facilities would be less than significant. 4.19.2 Project Analysis The Project proposes to demolish three buildings and a parking structure to construct three new industrial buildings for office, manufacturing, and/or warehouse use. According to the Attachment N, Water Supply & Sewer Demand Assessment, prepared by Incledon Consulting Group, dated January 10, 2024, the proposed fixture units (i.e., drinking fountains, toilets, sinks) associated with the three new industrial buildings would result in a nearly 40 percent reduction in demand for water due to the change in building usage from office to industrial use. Thus, there would also be large reduction in wastewater. The proposed Project would connect to existing wastewater distribution and treatment infrastructure, which would have the capacity to serve the Project's reduced demand in addition to existing service commitments and would not require the expansion of existing facilities. Compliance with RR U-2 would ensure that OCSD connection fees are paid in accordance with Ordinance No. OCSD-40. Thus, Project impacts related to wastewater infrastructure and treatment would be less than significant and less than the impacts disclosed in the GPU PER. As stated above, the proposed Project would result in a nearly 40 percent reduction in water use due to the change in building usage from office to industrial use. The proposed Project would also require water for landscaping; however, water use for landscaping would be minimal as the proposed Project would use drought -tolerant landscape. Additionally, the proposed Project would comply with RR U-5, which requires the Project to be designed pursuant to the water conservation and efficiency requirements of the SAMC, and RR U-6, which requires payment of water connection fees. Since the Project Site's water demand would be significantly reduced compared to existing conditions, the City's existing water infrastructure and supplies would be sufficient to serve the Project. As such, the Project impacts related to water infrastructure and supply would be less than significant and less than the impacts discussed in the GPU PER. As discussed in Section 4.10, Hydrology and Water Quality, the Project would introduce a new use to the Project Site (i.e., industrial/warehousing), and thus, would be required to comply with the requirements of the General Industrial Permit and RR HYD-2. A preliminary WQMP has been prepared for the proposed Project to comply with the requirements of the County's NPDES Stormwater Program (RR HYD-4) and to be consistent with the Orange County Drainage Area July i y Council 28 — 510 8/6/202 e 97 South Coast Technology Center Project CEQA Exemption 15183 Management Plan. The WQMP describes site design and drainage. Moreover, according to Attachment I, Preliminary Drainage and Hydrological Study, the proposed Project would increase imperviousness but due to modifications in stormwater flow paths within the Project Site, peak runoff produced from the site is expected to decrease or remain the same as existing conditions. The Drainage Study determined that the proposed Project has been designed to effectively capture and convey the Project's storm water to the existing/public systems during a 10-year storm, utilizing a new on -site storm drain system that would collect surface water from the on -site BMP catch basins. The system would continue the flow patterns of the existing conditions by utilizing the street's infrastructure and an on -site storm drain system. Therefore, consistent with the General Plan Update, impacts related to stormwater drainage would be less than significant. Regarding solid waste, the proposed Project would include the demolition of existing buildings and pavement on -site, which would generate 8,400 tons of crushed concrete and 2,100 tons of crushed a/c paving during construction. The proposed Project would minimize construction waste by complying with the CALGreen Code, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills (RR U-7). During operation, the proposed Project would also generate waste typical of industrial and warehouse uses. Any recyclable or green waste would be diverted from landfills, in compliance with RR U-8 and AB 341. As discussed in the GPU PEIR, existing landfills have adequate capacity to serve the City, including the proposed Project. Therefore, consistent with the General Plan Update, impacts related to solid waste would be less than significant. The proposed Project would require electricity for construction and operation of the Project. The proposed Project would not use natural gas during operation and natural gas is generally not required to power construction equipment. As summarized under Section 4.6, Energy, the Project would not result in substantial energy consumption. The proposed Project would also comply with existing regulatory requirements, including the 2022 Title 24 Building Energy Efficiency Standards. The 2022 Title 24 provides minimum efficiency standards related to various building features, including appliances, water and space heating and cooling equipment, building insulation and roofing, and lighting. Specifically, the Project would install energy efficient appliances (RR U-11), and high efficiency lighting that would exceed the 2022 Title 24 standards by 10 percent (RR U-10). Additionally, the Project would be required to pay connection and ongoing user fees to SCE and SoCalGas to offset Project impacts on existing dry utility services and resources. Thus, impacts with regards to other utilities would be less than significant. Therefore, the Project would not result in new or substantially more severe impacts compared to the determinations of the GPU PEIR, which concluded that impacts related to water supply, wastewater treatment, storm water drainage, solid waste, and other utilities would be less than significant. Therefore, no new project -specific mitigation measures are required. 4.19.3 Conclusion The Project is consistent with the General Plan Update. With implementation of RR U-2, RR U-5, RR U-6, RR U-7, RR U-8.1, U-8.2, RR U-10, RR U-11, RR E-1 through RR E-5, RR E-7, RR HYD- 1, RR HYD-2, RR HYD-4, and RR HYD-5 identified in the GPU PEIR, the proposed Project would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts the GPU PEIR failed to analyze, and there are no new significant or substantially more severe impacts to utilities and service systems than anticipated by the GPU PEIR. July i y Council 28 — 511 8/6/202 e 98 South Coast Technology Center Project CEQA Exemption 15183 4.19.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: Refer to Section 4.6, Energy, for RR E-1 through RR E-5 and RR E-7, and Section 4.10, Hydrology and Water Quality, for RR HYD-1, RR HYD-2, RR HYD-4, and RR HYD-5. RR U-2 Any new connections to the Orange County Sanitation District system or expansion of a previous connection shall pay a capital facilities charge in accordance with Ordinance No. OCSD-40. RR U-5 Any development implemented under the General Plan Update shall abide by the water conservation and efficiency requirements detailed in Chapter 8, Article XVI, Chapter 39, Article VI and Chapter 41, Article XVI of the Santa Ana Municipal Code. RR U-6 Water connection fees shall be paid in accordance with Chapter 39, Article I I of the City's Municipal Code and plumbing shall be installed in compliance with Chapter 8, Article III. RR U-7 All development pursuant to the General Plan Update shall comply with Section 4.408 of the 2019 California Green Building Code Standards, which requires new development projects to submit and implement a construction waste management plan in order to reduce the amount of construction waste transported to landfills. RR U-8.144 Storm drain shall be installed in compliance with Chapter 8, Article III, of the Santa Ana Municipal Code. RR U-8.234 All development pursuant to the General Plan Update shall store and collect recyclable materials in compliance with Assembly Bill 341. Green waste will be handled in accordance with Assembly Bill 1826. RR U-10 New buildings are required to achieve the current California Building Energy and Efficiency Standards (Title 24, Part 6) and California Green Building Standards Code (CALGreen) (Title 24, Part 11). RR U-11 All new appliances would comply with the 2012 Appliance Efficiency Regulations (Title 20, California Code of Regulations, Sections 1601 through 1608) 4.20 Wildfire 4.20.1 GPU PEIR Findings As stated in the GPU PEIR, the City does not contain any very high fire hazard severity zones (VHFHSZ). The CEQA Guidelines require analysis of wildfire risk in state responsibility areas (SRAs) and/or lands classified as VHFHSZs. According to the GPU PEIR, the nearest fire hazard severity zone (FHSZ) in an SRA to the City of Santa Ana is a high FHSZ about four miles east along the western edge of Loma Ridge. The nearest FHSZ in a local responsibility area (LRA) is about 3.8 miles at the southern tip of the Peters Canyon Regional Park. Thus, buildout of the General Plan Update would not substantially impair an adopted emergency response plan or emergency evacuation plan, exacerbate wildfire risks thereby creating elevated particulate 44 Please note that there was an error in the numbering of RRs in the GPU EIR and two RR U-8 requirements are listed. In order to avoid confusion for the purposes of this document, we have renumbered them as RR U-8.1 and RR U-8.2. July I y Council 28 — 512 8/6/202 e 99 South Coast Technology Center Project CEQA Exemption 15183 concentration exposure to people, or expose people or structures to significant risks. While buildout of the General Plan Update would require the installation and maintenance of associated infrastructure in areas that are undeveloped or vacant, which could exacerbate fire risk, no impact would occur related to VHFHSZs. 4.20.2 Project Analysis As stated in the GPU PEIR, the City does not contain any VHFHSZ and is not in or adjacent to an SRA. Therefore, the Project Site is not in or near SRAs or lands classified as VHFHSZs. As such, consistent with the GPU PEIR, no impact related to wildfire would occur as a result of the proposed Project. 4.20.3 Conclusion The Project is consistent with the General Plan Update and would not have any specific effects which are peculiar to the Project or the Project Site. There are no Project specific impacts or potentially significant off -site or cumulative impacts that the GPU PEIR did not analyze, and there are no new significant or substantially more severe impacts to wildfire than anticipated by the GPU PEIR. 4.20.4 Applicable GPU PEIR Regulatory Requirements/Mitigation Measures: No GPU PEIR regulatory requirements or mitigation measures apply 5. Findings As discussed in Section 3.0, the proposed Project qualifies for a CEQA exemption under CEQA Guidelines Section 15183. The General Plan Update and GPU PEIR were adopted and certified by the Santa Ana City Council in 2022. The Project Site is located within the southwestern portion of the City on three parcels on the south side of Lake Center Drive in both the southeast and southwest corners of the intersection with Susan Street. The Project Site is designated Industrial (IND), which provides space for activities such as light and heavy manufacturing, warehousing, processing, and distribution as well as commercial uses ancillary to industrial activities. The Project Site is zoned SD-58. According to Ordinance No. NS-2089, permitted uses in the SD-58 District are professional and business offices providing personal and professional services including employment agencies, medical insurance, real estate, travel, trade contractors, architects, engineers, finance, research and development, and other similar use. The SD-58 District also allows commercial/retail uses, including service commercial uses such as daycare centers, banks and other financial institution, delicatessens, food stores, newsstands, automobile support facilities, health and exercise centers and other similar uses, office and computer equipment, copy centers and other similar uses, office and computer equipment, postal centers, restaurants, travel services, and other similar uses. The proposed Project would demolish the Lake Center Office Park, including the three existing buildings, a parking structure, and parking lots to construct three new Class A industrial buildings for office, manufacturing, and/or warehouse use. To allow the use of the proposed buildings, the Project proposes to amend SD-58 to allow for industrial uses. Specifically, SD-58 would be amended to allow for the use of Limited Light Industrial uses, consistent with the General Plan Update. The Project qualifies for an exemption from additional environmental review as set forth in CEQA Guidelines Section 15183 based on the following findings: July i y Council 28 — 513 8/6/2 100 South Coast Technology Center Project CEQA Exemption 15183 (1) The project is consistent with the development density established by existing zoning, community plan or general plan policies for which an EIR was certified. Based on General Plan Update Land Use Element Figure LU-1, Land Use Map, the Project Site is designated Industrial (IND). According to the General Plan Update Land Use Element Table LU-3, Density and Intensity Standards, the Industrial designation generally allows a maximum 0.45 floor -area -ratio (FAR) with a typical maximum building height of 35 feet. However, Table LU- 3 provides a specific exception for the Lake Center Development, defined by Specific Development Plan Number 58 (SD-58), that allows intensities up to 0.72 FAR (see Footnote 4 of General Plan Update Land Use Element Table LU-3). Similarly, regarding height, Table LU-3 Footnote 2 explains that the actual maximum standard allowed on each site may be different than listed in Table LU-3 and that the allowable height of development on any parcel is subject to the zoning standards. SD-58 District permits a maximum FAR of 0.72 and a maximum height of 200 feet for the Project Site. The proposed Project would demolish the Lake Center Office Park and construct three new buildings totaling 313,244 square feet. The Project Site is approximately 15.8-acres. Thus, the Project would result in a 0.46 FAR. Additionally, the maximum height of the proposed buildings would be 48 feet and 4 inches. Although the Project proposes to amend SD-58 to allow for industrial uses, the Project would not change the FAR or maximum height allowed in SD-58. Thus, the proposed Project would be consistent with the development density established by the General Plan Update for SD-58. Additionally, the Project would be consistent with applicable General Plan Update Land Use Element policies as detailed in Table 4.11-1. Overall, the Project would be consistent with Criterion (1). (2) There are no project specific effects which are peculiar to the project or its site. The Project Site is located in a highly developed and urbanized area of Santa Ana. The Project Site consists of an existing 10.2-acre office park, the Lake Center Office Park, and an approximately 5.6-acre vacant field to the west of and separated from the office park by the north - south South Susan Street. The Project Site is designated Industrial (IND) and zoned SD-58. Surrounding uses adjacent to the Project Site include office, commercial, government, and recreational uses, and are designated Industrial (IND) and Professional & Administrative Office (PAO). The proposed Project would be consistent with the land use designation of the Project Site. Additionally, operation of the proposed Project as industrial buildings for office, manufacturing, and/or warehouse use would be consistent with the surrounding uses of the Project Site. As evaluated in Section 4.0, there are no Project specific effects which are peculiar to the Project or its site. Therefore, the proposed Project is consistent with Criterion (2). (3) There are no project specific impacts that were not analyzed as significant effects in the prior EIR. The GPU PEIR concluded that buildout of the General Plan Update would result in a total of 115,053 residential units and 72,967,816 square feet of non-residential development by 2045. The proposed Project, which is consistent with the General Plan Update, involves the demolition of the Lake Center Office Park and construction of three new buildings. The proposed Project would result in an increase of 135,218 square feet of non-residential uses. The Project would be consistent with the development density requirement for the IND designation and thus, was considered in the planned development of the General Plan Update and would have similar or lesser significant impacts than analyzed in the GPU PEIR. As evaluated in Section 4.0, there are no Project specific impacts which the GPU PEIR did not analyze as significant effects. Therefore, the proposed Project is consistent with Criterion (3). July i y Council 28 — 514 8/6/2 101 South Coast Technology Center Project CEQA Exemption 15183 (4) There are no potentially significant off -site and/or cumulative impacts that were not discussed in the prior EIR. As stated, buildout of the proposed Project is consistent with the General Plan Update and, thus, was considered in the GPU PER analysis. No off -site improvements are proposed in the Project area and the size and nature of the Project would not result in cumulatively considerable environmental impacts. As evaluated in Section 4.0, there are no potentially significant off -site and/or cumulative impacts from the Project which the GPU PER did not discuss. Therefore, the Project is consistent with Criterion (4). (5) There is no substantial new information which results in more severe impacts than anticipated by the prior EIR. As evaluated in Section 4.0, the proposed Project would result in similar and/or lesser impacts than the GPU PEIR. There is no substantial new information which results in more severe impacts than anticipated by the GPU PEIR. Therefore, the Project is consistent with Criterion (5). As shown, the proposed Project is consistent with the criteria in CEQA Guidelines Section 15183. As such, the proposed Project qualifies for the CEQA exemption. July i y Council 28 — 515 8/6/269 102 South Coast Technology Center Project CEQA Exemption 15183 REFERENCES Berger, Elliott H., et al., Noise Navigator Sound Level Database with Over 1700 Measurement Values, June 26, 2015. California Air Resources Board, 2022 Scoping Plan, November 16, 2022. California Department of Conservation, California Important Farmland Finder, https:Hmaps. conservation.ca.gov/DLRP/ClFF/, accessed February 27, 2024. California Department of Conservation Division of Mines and Geology, A General Location Guide for Ultramafic Rocks in California — Areas More Likely to Contain Naturally Occurring Asbestos Report, August 2000, https://ww3.arb.ca.gov/toxics/asbestos/ofr_2000-019.pdf, accessed April 3, 2024. California State Water Resources Control Board, GeoTracker, https:Hgeotracker.waterboards.ca. gov/map/, accessed April 25, 2024. California Department of Toxic Substances Control, Envirostor, https://www.envirostor.dtsc.ca. gov/public/, accessed April 25, 2024. California Department of Transportation, California State Scenic Highway System Map, https:Hcaltrans. maps. arcgis. com/apps/webappviewer/index. html?id=465dfd3d8O7c46cc8 e8057116flaacaa, accessed April 25, 2024. California Department of Transportation, Technical Noise Supplement to the Traffic Noise Analysis Protocol, September 2013. California Department of Transportation, Transportation Related Earthborne Vibrations, 2002. City of Santa Ana, City of Santa Ana Climate Action Plan, December 2015. City of Santa Ana, City of Santa Ana Traffic Impact Study Guidelines, September 2019. City of Santa Ana, City of Santa Ana Zoning Map, March 4, 2021. City of Santa Ana, General Plan Update Program Environmental Impact Report, Table 5.13-7, Population and Employment Projections for Santa Ana and Orange County, October 2021. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Land Use Element, Figure LU- 1, Land Use Map, April 2022. City of Santa Ana, Golden City Beyond, Santa Ana General Plan Mobility Element, accessed on April 2022. City of Santa Ana, Santa Ana Municipal Code, codified through Ordinance No. NS-3049, adopted July 18, 2023. Environmental Health Perspectives, Vehicle Motion Alarms: Necessity, Noise Pollution, or Both? https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3018517/, accessed March 20, 2024. July i y Council 28 — 516 8/6/269 103 South Coast Technology Center Project CEQA Exemption 15183 Federal Highway Administration, Roadway Construction Noise Model User's Guide Appendix A, January 2006. Federal Transit Administration, Noise and Vibration Impact Assessment Manual, Section 5.2, Sources of Transit Ground -borne Vibration and Noise, September 2018. Geosyntec Consultants, Draft Phase I Environmental Site Assessment for 3100, 3110, and 3120 Lake Center Drive, Santa Ana 92704, April 2024. Geosyntec Consultants, Phase I Environmental Site Assessment for Undeveloped Parcel, West Lake Center Drive, Santa Ana 92704, April 2024. Incledon Consulting Group, DP 2023-37 (3100 W Lake Center Dr. — South Coast Technology Center) Water Supply & Sewer Demand Assessment, January 10, 2024. Incledon Consulting Group, Preliminary Water Quality Management Plan (WQMP) — South Coast Technology Center Development, June 6, 2024. Incledon Consulting Group, South Coast Technology Center Development Preliminary Drainage and Hydrological Study, June 2024. International Code Council, 2022 California Building Code, Title 24, Part 2, https:Hcodes.iccsafe.org/content/CABC2022P1/chapter-18-soils-and-foundations, accessed July 26, 2023. Linscott, Law & Greenspan, Engineers, Traffic Signal Warrant Analysis for Alpine StreeYLake Center Drive at MacArthur Boulevard, January 19, 2024. Linscott, Law & Greenspan, Engineers, Trip Generation Assessment for the Proposed South Coast Technology Center Project, January 2, 2024. Linscott, Law & Greenspan, Engineers, Vehicle Miles Traveled (VMT) Screening Assessment for the Proposed South Coast Technology Center - Santa Ana, CA, February 29, 2024. Michael Baker International, Air Quality Technical Memorandum — South Coast Technology Center Project, June 14, 2024. Michael Baker International, Cultural and Paleontological Resources Identification Memorandum for the South Coast Technology Center, City of Santa Ana, Orange County, California, April 10, 2024. Michael Baker International, Energy Assessment Memorandum — South Coast Technology Center Project, June 13, 2024. Michael Baker International, Greenhouse Gas Technical Memorandum — South Coast Technology Center Project, June 14, 2024. Michael Baker International, Health Risk Assessment Technical Memorandum — South Coast Technology Center Project, June 19, 2024. Michael Baker International, Noise and Vibration Assessment Memorandum — South Coast Technology Center Project, June 14, 2024. July i y Council 28 - 517 8/6/269 104 South Coast Technology Center Project CEQA Exemption 15183 Michael Baker International, Tribal Cultural Resources Identification Memorandum for the South Coast Technology Center, City of Santa Ana, Orange County, California, April 10, 2024. NMG Geotechnical, Inc., Geotechnical Design Report for Lake Center Office Park Redevelopment, South Coast Technology Center, 3100 Lake Center Drive, City of Santa Ana, California, April 18, 2024. NMG Geotechnical, Inc., Geotechnical Review of Shallow Groundwaterand Potential Dewatering during Grading and Construction, Lake Center Office Park Redevelopment Project, City of Santa Ana, California, June 12, 2024. San Joaquin Valley Air Pollution Control District, Application for Leave to File Brief of Amicus Curiae Brief of San Joaquin Valley Unified Air Pollution Control District in Support of Defendant and Respondent, County of Fresno and Real Party In Interest and Respondent, Friant Ranch, L.P. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 13, 2015. South Coast Air Quality Management District, Application of the South Coast Air Quality Management District for Leave to File Brief of Amicus Curiae in Support of Neither Party and Brief of Amicus Curiae. In the Supreme Court of California. Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno v. County of Fresno, April 3, 2015. South Coast Air Quality Management District, Draft Guidance Document — Interim CEQA Greenhouse Gas (GHG) Significance Threshold, October 2008 South Coast Air Quality Management District, Rule 1113Architectural Coatings, http://www.agmd .gov/docs/default-source/rule-book/reg-xi/r1113.pdf, accessed June 15, 2023. Southern California Association of Governments, 2020-2045 Regional Transportation Plan/ Sustainable Communities Strategy— Connect SoCal, September 3, 2020. Southern California Association of Governments, Local Profiles Report, Profile of the City of Santa Ana, May 2019, https://scag.ca.gov/sites/main/files/file-attachments/santaana—local profile. pdf?1606012682, accessed June 5, 2024. Southern California Association of Governments, Local Profiles Report, Profile of Orange County, May 2019, https:Hscag.ca.gov/sites/main/files/file-attachments/orangecountylp.pdf?1606 012194, accessed June 5, 2024U.S. Army Corps of Engineers, Corps reclassifies Prado Damn, implements risk -reduction measures, https://www.spl.usace.army.mil/Media/News-Releases/Article/l 849301 /corps- reclassifies-prado-dam-implements-risk-reduction-measures/, May 15, 2019. U.S. Fish and Wildlife Service. Critical Habitat for Threatened and Endangered Species Online Mapper, https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265 ad4fe09893cf75b8dbfb77, accessed April 25, 2024. U.S. Fish and Wildlife Service. National Wetlands Inventory Wetlands Mapper. https://fwsprimary .wim.usgs.gov/wetlands/apps/wetlands-mapper/, accessed April 25, 2024. July i y Council 28 — 518 8/6/2 10' This page is intentionally left blank. City Council 28 — 519 8/6/2024 EXHIBIT 6 The South Coast Technology Center California Environmental Quality Act (CEQA) Exemption 15183 Environmental Documentation Technical Appendices may be accessed at: Santa Ana City Hall Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 or https://www.santa-ana.org/south-coast-technology-center-3100-3110-3120-west-lake-center-drive/ City Council 28 — 520 8/6/2024 www.FinanceDTA.com FISCAL IMPACT ANALYSIS REPORT EPD SOLUTIONS, INC. PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA May 13, 2024 Public Finance Public -Private Partnerships Development Economics Clean Energy Bonds dta www.FinanceDTA.com/18201 Vpn Kerman Avenue, Suite 220 e, CA 92612 EPD SOLUTIONS, INC. FISCAL IMPACT ANALYSIS REPORT PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA Prepared for: EPD Solutions, Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Meaghan Truman City Council 28 — 522 8/6/2024 TABLE OF CONTENTS SECTION PAGE I EXECUTIVE SUMMARY...................................................1 A Purpose of the Study..........................................................1 B Fiscal Impacts on the City Evaluated in This Study .................................... Error! Bookmark not defined. C Description of the Project.................................................1 D Conclusions of the Fiscal Impact Analysis ("FIA")..................................................................................... 3 II INTRODUCTION..............................................................4 A Scope and Methodology e Recurring Fiscal Impacts.................................................................................. 4 B Major Assumptions and Analysis Used in ThisReport........................................................................... 5 C Limitations e Accuracy of Information ......................... 6 III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS........................................................... 8 A Analysis of Recurring Revenues, Case Study Method.................................................................................. 8 B Analysis of Recurring Revenues, Multiplier Method................................................................................12 C Analysis of Recurring Costs, Case Study Method................................................................................15 D Analysis of Recurring Costs, Multiplier Method................................................................................15 IV FISCAL IMPACTS...........................................................18 A Total Recurring Revenues...............................................18 B Total Recurring Costs......................................................19 C Overall Net Fiscal Impact................................................20 �r �FO City Council 28 — 523 8/6/2024 ta www.FinanceDTA.com I EXECUTIVE SUMMARY A Purpose of the Study SECTION I EXECUTIVE SUMMARY The objective of this Fiscal Impact Analysis ("FIX) Report (the "Report") is to analyze the incremental net fiscal impact of the proposed South Coast Technology Center project (the "Project") on the City of Santa Ana (the "City") General Fund. To provide the City with a comprehensive evaluation of the Project's potential, this DTA Report will evaluate whether the Project is likely to generate an incremental net fiscal surplus or a net fiscal deficit to the City's General Fund. B Incremental Fiscal Impacts on the City's General Fund The fiscal impacts identified in this Report include annual recurring municipal revenues and costs that result from the Project's proposed land use scenario. To provide an accurate fiscal picture of the Project, the Report will focus exclusively on annual recurring revenues and costs. Recurring revenues to the City General Fund identified in this Report are generated from a variety of sources, including property taxes, sales taxes, in -lieu vehicle license fees, utility user taxes, licenses and permits, franchise fees, fines, and other revenue sources. Although these revenues vary from year to year, they recur on a regular basis and are part of the City's annual budgeting plans. The recurring costs to the City General Fund are equally important in this analysis. Recurring costs are associated with a variety of City services, including public safety, public works maintenance, and general government administrative services. Similar to annual revenues, these are costs that the City must anticipate and plan to fund on a yearly basis. Revenues that are considered non -recurring to the City General Fund, such as various permitting fees, are excluded from this analysis. These types of revenues have been excluded as new development is generally required to pay specific user fees, such as grading and building prior to the construction of the project. As these are considered one-time revenues, there is no expectation that new development will need to pay these fees on a recurring basis. In addition, costs imposed as a result of the proposed Project that are considered to be non -recurring, such as impact fees, are also excluded from the FIA calculations because they are expended on a one-time basis to fund new development's fair share of capital improvement costs. C Description of the Project The Project site, as depicted in Figure 1 below, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the site on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the site on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD- 58") zoning district, with the permissible land uses comprised of commercial/retail uses and professional and business offices. EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 524 11 ta www.FinanceDTA.com SECTION I EXECUTIVE SUMMARY Figure 1: Aerial Map for the Project Site N The Project proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site,and to amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. As illustrated in Figure 2 and presented in Table 1 on the following page, the Project site is proposed to be redeveloped with three buildings encompassing approximately 313,244 building square feet ("BSF") of LLIU space. Figure 2: Proposed Project Site Plan W{E CBdIDl DNVE T _ _ IAI� fEN1EA—ELHNeb, J / . o of :I) :rW7 I nF u nl "=IIIIIWIIIIII"--"--" e I �I EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 525 = ---- -------- - OVERALL SITE PLAN South Coast ® . Technology Center May 13 2024 8/6/2 4 2 SECTION I taEXECUTIVE SUMMARY www.FinanceDTA.com Table 1: Proposed Land Uses for the Project .. 16Wg&=====mdL_ Building Square Feet Industrial Building 1 112,230 Industrial Building 2 121,645 Industrial Building 3 79,369 Grand Total 313,244 D Conclusions of the Fiscal Impact Analysis ("FIA") The body of this Report will present the results of the incremental FIA, including narratives and tables detailing the fiscal impacts of the Project on specific General Fund revenue and expenditure categories. As presented in Table 2 and illustrated in Figure 3, below, the Project site is anticipated to generate a sizable annual recurring incremental fiscal surplus at build -out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. Overall, the annual revenues generated are projected to equal 2.27 times the associated City General Fund costs. In a fiscal impact analysis, a revenue/cost ratio >1 is expected to generate a positive net fiscal impact. A summary of the overall incremental fiscal impacts of the Project to the City General Fund is provided in Appendix A. Table 2: Net Fiscal Impact (the City s General Fund) Total Recurring Revenues $460,412 Total Recurring Costs* $202,676 Annual Recurring Surplus/(Deficit) $257,,736 Total Annual Revenue/Cost Ratio 2.27 Figure 3: Net Fiscal Impact (the City's General Fund) $500,000 $400,000 $300,000 $200,000 $100, 000 $0 ($100,000) $460,412 ($200,000) ($202,676) ($300,000) ■ Recurring City Funds Revenues ■Recurring City Funds Expenditures •Total Annual Recurring General Fund Surplus/(Deficit) EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 526 3 ta www.FinanceDTA.com I] INTRODUCTION SECTION II INTRODUCTION DTA has been retained by EPD Solutions, Inc. to analyze the fiscal impacts of the development of the proposed South Coast Technology Center project (the "Project") on the City of Santa Ana (the "City") General Fund. The Project site is generally comprised of two sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD-58") zoning district, with the permissible land uses of professional and business offices and commercial/retail uses. The Project proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. To provide the City with a comprehensive evaluation of the Project's potential, DTA will determine whether the Project is likely to generate an incremental net fiscal surplus or a net fiscal deficit to the City's General Fund. A Scope and Methodology e Recurring Fiscal Impacts Fiscal impacts arising from a land development plan can be broadly categorized as one of two types, specifically one-time impacts or recurring impacts. Each of these types may, in turn, be divided into a revenue component and cost component. In this Report, it is assumed that one-time revenues would directly offset one-time costs. This is consistent with Section 66000 et. seq. of the California Government Code, which authorizes a municipality to require the payment of development impact fees equal in value to the cost of the public infrastructure necessary to support a development project. Thus, the fiscal impacts considered in this Report focus on ongoing, or recurring, fiscal impacts of the Project on the City General Fund. Revenues that are generated outside of the City General Fund (e.g., special district revenues) or costs that are incurred by the City outside of the General Fund (e.g., costs financed through a special district) are not included within this fiscal analysis. The FIA presented in this Report utilizes two methods of analysis, specifically the Per Capita/Multiplier Approach and Case Study Approach. The primary Multiplier Methodology used is the Per Capita ('Persons Served') Methodology, which recognizes the fact that the exact relationship of service demands and revenue -generating potential between residents and employees is difficult to quantify. In order to address this challenge, several assumptions are employed. EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 527 n SECTION II taINTRODUCTION www.FinanceDTA.com First, based on more than 30 years of preparing fiscal impact studies and performing peer reviews of similar studies prepared by other consulting firms, DTA has determined that utilizing a Persons Served population comprised of all residents and 50% of the employees working at locations within a given service area is common fiscal practice in generally quantifying the impacts of new development if more specific local data or facilities usage data is not readily available. This ratio suggests that a resident generally has twice the fiscal impact of an employee on the use of a typical public improvement and can be applied to a City's General Fund budget to calculate average revenues and costs per Person Served on a Citywide basis using a Multiplier Approach. While a fiscal impact analysis focused on marginal revenues and costs associated with a specific new development project (with greater emphasis on a Case Study Approach) is often applied to larger projects, the consulting budgets required to evaluate individual metrics related to each type of municipal revenue and service, including interviews with individual municipal departments, can be prohibitive for smaller projects. As a result, while DTA did utilize a Case Study Approach for General Fund revenues and costs that were easy to quantify (e.g., property taxes, sales taxes, and utility user taxes), many of the metrics employed in this Report are based on average revenues/costs per Person Served utilizing the Fiscal Year ("FY") 2023-2024 City budget as could be applied to the Project. DTA also used solely a Per Employee Methodology in this Report to project recurring fiscal factors that relate to employment only, such as business license revenues. Similar to the Persons Served Methodology discussed above, the Per Employee Methodology involves dividing the applicable revenues/costs by the total number of employees in the City utilizing the FY 2023-24 City budget, and applying these factors to the specific number of employees forecast to be working within the Project under the given scenario. For the purposes of the Report, all recurring revenues and costs are stated in constant (uninflated) 2024 dollars based on the assumption that the relative impacts of inflation in future years will be the same for both fiscal impact categories. B Major Assumptions and Analysts Used in This Report g1 Discounting Revenues and Expenses Certain revenues and expenditures presented in this Report are not expected to increase on a one-to-one basis with the addition of new development. To project these numbers without any adjustment would result in inaccurate conclusions. To accurately account for this factor, DTA applied a series of discount rates to specific budget components. Based on an examination of the numbers presented in the City's annual General Fund budget, 15% and 90% discount rates were applied to several revenue categories as documented in Appendix A-1. As discussed in the previous section of this Report, revenues that are considered non- recurring to the City General Fund, such as revenues generated by building/planning/engineering fees, are excluded from this analysis. Furthermore, DTA applied a 100% discount rate to financing source categories that are deemed EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 528 5 ta www.FinanceDTA.com SECTION II INTRODUCTION static, in terms of their not being anticipated to increase significantly as a result of the construction of the Project. This includes intergovernmental and commercial cannabis tax revenues, revenues generated by property rentals, jail leases, and advertisements, and cost recoveries and reimbursements This same discounting technique was applied to the General Fund expenditures to accurately reflect the estimated ratio of fixed costs to variable costs. Notably, DTA has assumed that no discount factors would be applied to police, public works, and fire protection expenditures. As documented in Appendix A-1, a 15% discount rate is applied to remaining services expenditures. The marginal increase in the general government overhead costs associated with the additional non -general government expenditures incurred by new development is assumed to be 75%, which means a 25% discount was applied to these overhead costs. B.2 Employee Generation DTA estimated the number of direct employees at the Project's build -out based upon the 737 Square Feet per Employee ("SF/E") provided by the Project proponent. Based on several data sources that provided this type of data for similar land uses, DTA deemed this metric to be appropriate for the Project. As summarized in the attachment for Appendix A-3, the Project is anticipated to generate 425 direct on -site employees at its build -out. B.3 Valuation per BSF This report provides an estimated valuation per BSF calculation. Accuracy in these calculations is important because these totals are used to determine expected property revenues. The estimated valuation of $389.79 per BSF is derived based on the projected land value and construction costs of $122.1 million and 313,244 BSF as provided by Project proponent. C Limitations e Accuracy of Information The fiscal model in the Report contains an analysis of revenues, costs, and impacts to the City resulting from the Project. This model is based on information provided to DTA by Project proponent, the City's FY 2023-24 budget, the County's FY 2023-24 Assessor's Roll, Housing and Population Information from the California Department of Finance, a 2023 City of Santa Ana Employment Profiles analysis using North American Industry Classification System codes as prepared by Environics Analytics, a U.S. Energy Information Administration Energy Consumption Survey, Internet research performed by DTA regarding various industries, and additional assumptions derived from DTA's municipal cost database, as compiled by DTA from previous fiscal impact studies prepared by the firm. The sources of information and basis of the estimates calculated in the Report are stated herein. While DTA is confident that the sources of information are reliable, DTA does not express an opinion or any other form of assurance on the accuracy of such information. The analysis of fiscal impacts contained in this Report is EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 529 M ta www.FinanceDTA.com SECTION II INTRODUCTION not considered to be a "financial forecast" or a "financial projection" as technically defined by the American Institute of Certified Public Accountants. The word "projection" used within this Report relates to broad expectations of future events or market conditions. Since the analysis contained herein is based on estimates and assumptions that are inherently subject to uncertainty and variation depending on evolving events, DTA cannot represent that such estimates will definitely be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur. Therefore, the actual results achieved may vary from the projections stated throughout the Report. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 530 7 SECTION III ta www.FinanceDTA.com DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS III DESCRIPTION OF RECURRING FISCAL REVENUES/COSH'S A Analysis of Recurring Revenues, Case Study Method A.1 Property Taxes — Secured and Unsecured Property tax revenues are specifically based on the City's estimated share of the general 1% ad valorem property tax levy. Per the County Auditor's Office, the City's General Fund receives approximately 19.30% of the FY 2023-24 basic 1% [Proposition ("Prop") 131 property tax from the Tax Rate Areas ("TRAs") encompassing the Project. The remaining 80.70% are distributed to a variety of taxing entities as summarized in Table 3 below, with 67.35% of the total estimated $1.22 million in annual property taxes earmarked for educational purposes. The basic 1% property tax collected is considered a significant source of municipal revenues. The net apportionment factors for each taxing entity represent the fraction of the FY 2023-24 basic 1% ad valorem property tax that it will receive from the Project TRAs after deducting the projected Education Revenue Augmentation Fund ("ERAF") property tax shifts. Table 3: 1% Ad Valorem Property Tax Distribution Among Taxing Entities Li omm Net Xag • • -r ■ r r. County 0.10522489379 $128,480 General Fund 0.06706762904 $81,890 Flood Control District 0.02152166856 $26,278 Parks CSA 26 0.01663559619 $20,312 City 0.192969532-38 $23.9,616 General Fund 0.19296953238 $235,616 Education 0.67354729727 $822,402 ERAF Fund 0.19081315008 $232,983 Santa Ana Unified School District 0.37790501072 $461,422 Rancho Santiago Community College District 0.08310048144 $101,466 Orange County Department of Education 0.02172865503 $26,531 Special District 0.02825827656 $34,504 Orange County Cemetery District 0.00054103515 $661 Orange County Vector Control District 0.00121524893 $1,484 Orange County Water District 0.00781725639 $9,545 Orange County Transit Authority 0.00305422873 $3,729 Orange County Sanitation District #7 0.01563050736 $19,085 Grand Total 1.00000000000 $1,221,002 Note: All numbers are subject to rounding. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 531 SECTION III ta www.FinanceDTA.com DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS Major property tax assumptions are summarized in Table 4 below. Table 4: Property Tax Assumptions Land Use and Estimated Taxable Valuation Industrial Building One 112,230 BSF (a $389.79/BSF Industrial Building Two 121,645 BSF (a $389.79/BSF Industrial Building Three 79,369 BSF (a $389.79/BSF Total Land Use Net Taxable Value $122,100,000 Secured Property Tax - Net Apportionment Factor to Property Tax Rate (Net of the City as a Fraction of 1.0% ERAF) City's General Fund 19.296953238% Unsecured Property Tax a Unsecured Taxes as a % of Secured Property Value Non -Residential Property 1 10.00% Property Tax Transfer Non -Residential Property Turnover Rate 0.00% Transfer Tax as a % of Assessed Value 0.11% Property Transfer Tax Passed Through to the City 50.00% Property Taxes in Lieu of Vehicle License Fees ("VLFs") City — Total Assessed Value (FY 2023-24) $34,504,366,076 City — VLF Property Tax Revenues (FY 2023-24) $42,044,300 VLF Property Tax In -Lieu per $1,000 Assessed Value $1.22 Unsecured property taxes collected in the City are levied on tangible personal property that is not secured by real estate. Specific examples of unsecured property include trade fixtures such as manufacturing equipment, computers, dock equipment, conveyors, forklifts, and racks and shelves. A.2 Property Taxes in Lieu of VLFs The passage of Prop 1A in California in 2004 enacted a constitutional amendment that introduced a new methodology to calculate Property Taxes in Lieu of VLFs. Per California Revenue and Taxation Code j07.70, the amount of Property Taxes in Lieu of VLFs now grows in proportion to the growth rate of gross assessed valuation in a city or county. Property Taxes in Lieu of VLF revenues are projected to grow with the change in the Citywide gross assessed valuation of taxable property from the prior FY. Property Taxes in Lieu of VLF revenues constitute an addition to other property tax apportionments and were calculated for the purposes of this Report at $1.22 per $1,000 increase in assessed valuation on a Citywide basis. Table 4 presents details EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 532 0 ta www.FinanceDTA.com SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS regarding the property tax assumptions utilized in the FIA. Property tax revenue generated in this category is presented later in the report in Table 10. A.3 Sales Taxes Direct sales tax revenues are generated by taxable sales from businesses within the City. The current sales tax rate in the City is 9.25%, with sales tax collected by the State and distributed to the City. The City currently receives approximately 2.54% of taxable sales receipts, which include a 1.00% sales tax established by Municipal Code jj35.51 and Measure X sales tax, a 1.50% voter -approved sales tax to provide funding for neighborhood safety, homeless prevention, and essential City services enhancement. In addition, the City currently receives approximately 8.87% of the Proposition 172 sales tax receipts generated within the City (a 0.50% voter -approved sales tax dedicated to local public safety), which is equivalent to 0.04% sales tax rate. Measure X rate will decrease to 1% in 2029 and sunset in 2039. In generating the fiscal impact models for this Report, DTA has conservatively assumed that Measure X sales tax at the Project's build -out will only be 1%. In aggregate, 2.04% of taxable sales receipts are passed through to the City for purposes of this FIA. As reflected in Table 5, the proposed on -site non-residential land use types are conservatively assumed not to generate any taxable sales. Table 5: Sales Tax Assumptions No _ Percentage of Sales Tax Passed Through to the City 2.04% Local Employee Spending (Spending in Fast Food/Deli/Lunch Eateries) $951 Non -Project Capture Rate of Retail Spending (Within the City) 25% Taxable Sales per BSF Industrial Building One $0.00 Industrial Building Two $0.00 Industrial Building Three $0.00 Indirect sales tax revenues, as summarized in the table above, are generated by the purchases made by the Project's employees within the City. With respect to on -site employee retail spendings, DTA conservatively limited the scope to meal purchases occurring in quick -service restaurants. Based on studies outlined in the International Council of Shopping Projects' Office -Worker Retail Spending in a Digital Age, DTA estimates that an employee within the Project will spend an average of $951 annually in the Fast Food/Deli/Lunch Eateries category near their place of work. Assuming the off -site businesses in the City would capture on average 25% of the Project employees' annual spending, each employee is estimated to spend $238 annually off -site within the City. The direct and indirect tax revenues generated are presented later in the Report in Table 10. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 - 533 ■ K ta www.FinanceDTA.com A.4 Utility User Tax ("UUT") SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS The UUT is imposed by the City on the consumption of utility services of telephone, electricity, natural gas, and water. The UUT rates for those utility services are presented in Table 6 below. Table 6: UUT Assumptions UUT Rates Telephone (Municipal Code 353.16.020) 5.50% Electricity (Municipal Code S33.16.030) 6.00% Natural gas (Municipal Code f33.16.040) 6.00% Water (Municipal Code f33.16.050) 6.00% Annual Telephone Gross Receipts Industrial Building One (5 Lines) $4,800 Industrial Building Two (5 Lines) $4,800 Industrial Building Three (4 Lines) $3,840 Electricity Usage and Cost Kilowatthour (kWh) per BSF 10.8 Rate per kWh $0.0816 Natural Gas Usage and Cost Cubic Feet (Cu. Ft.) per BSF 26.4 Rate per 1,000 Cu. Ft. $13.29 Water Usage and Cost Gallons per BSF 8.3 Rate per 748 Gallons $2.60 The electricity, natural gas, and water usages, as reflected in the table above, assume that the Project buildings will house manufacturing facilities. DTA utilized the applicable electrical and natural gas usage metrics from the 2018 Commercial Buildings Energy Consumption Survey ('CBECS') conducted by the U.S. Energy Information and Administration ("EIA"), with the sourcing of the water usage metric from the 2012 CBECS compiled by the EIA. The UUT revenues generated are presented later in the Report in Table 10. AS Other Property Tax Revenue Per California Revenue and Taxation Code j11901, et seq., and the City Code 53.22.020, sales of real property are taxed by the City at a rate of $0.55 per $1,000 of property value, excluding assumed liens or encumbrances. Since the Project proponent indicated that it plans to own and operate the Project for an extended EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 - 534 11 ta www.FinanceDTA.com SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS period, DTA conservatively assumes that there will not be any sales of the Project components, therefore generating no property transfer tax. A.6 Interest Income Interest "Investment" Income revenues are generated by the increase in General Fund revenues resulting from the Project. This increase reflects growth in the following revenue categories: property taxes, VMT, sales taxes, utility user tax, and multiplier revenues (to be discussed in detail in the following sections of this Report). Revenues from this source are usually estimated by multiplying the projected recurring General Fund revenues available for investment by the Local Agency Investment Fund ("LAIF") investment fund rate of return. A LAIF percentage of earnings cost factor of 50% is then applied because the funds being invested on average will be available for only 1 month. Investment income assumptions are summarized in Table 7 below. The projected recurring General Fund revenues available for investment total $460,017. This calculation results in estimated investment income (less earnings cost) of $395. It should be noted that LAIF factors are determined quarterly by the California State Treasurer, whose office governs the investment of revenues by municipalities. Table 7: Investment Income Assumptions Investment Period for Non -Interest General Fund Revenues 1 Month LAIF Rate of Return (Estimated) 2.06% LAIF Percentage of Earnings 50% Projected Recurring General Fund Revenues Available for Investment $460,017 R Analysis of Recurring Revenues, Multiplier Method The Per Capita Employee (Persons Served) Multiplier figures presented in this section play a key role in understanding the impact of the proposed Project on the City's General Fund. As stated in the introduction section of this Report, the Persons Served approach recognizes the fact that the exact relationship of service demands and revenue -generating potential between residents and employees is difficult to quantify, so a specific set of assumptions are needed. To address this, DTA has introduced several assumptions, including the utilization of a service population, or Persons Served population, comprised of all service area residents and 50% of employees working in the service area, as this is common fiscal practice in quantifying the impact of new development in a given service area. This number suggests that a City resident generally has twice the fiscal impact of an employee within the City on the City General Fund. The Persons Served population of the City is estimated at 370,403, equaling the total residents within the City (299,630) plus 50% of employees working in the City (141,545). Utilizing the above assumptions, the multipliers presented in this section and illustrated in EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 535 12 ta www.FinanceDTA.com SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS Table 8 quantify the marginal increase in revenue per Person Served by each specific revenue category that will result from the development of the proposed Project. Table 8: General Fund Revenues (Multiplier Method) Business License Tax $90.08 Per Employee 15% Franchise Fees and Taxes $25.13 Person Served 15% Charges for Services $24.50 Person Served 15% Licenses and Permits $7.78 Person Served 15% Fines, Forfeitures, and Penalties $12.98 Person Served 15% Adult -Use Retail Business Cannabis Tax $4.08 Person Served 90% Medical Marijuana Taxes $0.14 Person Served 90% B.1 Business License Tax Business license tax revenue is expected to increase as the City looks to expand its commercial and industrial sectors. The purpose of this annual tax is to ensure that businesses share the burden of payment for City services used by the business and/or their employees. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the business license tax revenues that are expected to vary with population and employee growth in the City. DTA forecasts the business license tax at $90.08 per employee using the Per Employee Multiplier Method, generating $38,284 in additional revenue to the City's General Fund. B.2 Franchise Fees and Taxes Franchise fees and taxes are expected to play a consistent role in contributing to the City's General Fund over the next several years. Generally, a tax is a compulsory payment levied by the government on its citizens and various business firms. In contrast, a fee is usually defined as a voluntary payment to the government for the special services rendered by it in the public interest. This distinction has become blurred as fees are usually a required part of doing business in a particular area or industry, so for the purpose of this Report, both terms will be referred to as fees. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the franchise fee and tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA has forecasted franchise fees at $25.13 per Person Served using the Per Capita Multiplier Method (this represents a marginal increase in revenue per additional Persons Served in this category). This is expected to generate $5,353 in additional EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 - 536 13 ta www.FinanceDTA.com revenue to the City's General Fund. g3 Charges for Services SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS Charges for services is another area that generates revenues on behalf of the City's General Fund, accounting for 3% of total General Fund recurring revenues in FY 2023-24. This category is made up of service charges and fees imposed on users for specialized services provided by the City under the rationale that benefiting parties, rather than the general public, should pay for the cost of those services. Note, only charges for non -development services are evaluated for this Report. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the charges for services revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA has forecasted charges for services at $24.50 per Person Served using the Per Capita Multiplier Method (this represents a marginal increase in revenue per additional Persons Served in this category). This is expected to generate $5,219 in additional revenue to the City's General Fund. g4 Licenses and Permits In addition to business licenses, the City imposes fees on a variety of permits. This is a reliable source of revenue and it is expected to continue to be a steady contributor to the General Fund over the coming years. Note, only non -development licenses and permits are evaluated for this Report. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the licenses and permits tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA forecasts the licenses and permits tax at $7.78 per Persons Served using the Per Capita Multiplier Method, generating $1,657 in additional revenue to the City's General Fund. gS Fines, Forfeitures, and Penalties To ensure the payment of various licenses and fees, the City Code empowers the City to impose penalties and collect fines in several areas. Although considered a consistent revenue stream each year, the City expects to derive 1% of its total FY 2023-24 General Fund revenues from fines, forfeitures, and penalties. Note that the revenue multiplier presented in this section has been reduced by 15% to account for only the portion of the fines, forfeitures, and penalties that are expected to vary with population and employee growth in the City. Fines, forfeitures, and penalties are projected at $12.98 per Person Served, generating $2,765 in EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 - 537 ■Mr ta www.FinanceDTA.com additional revenue to the City's General Fund. B. 6 Retail Cannabis Taxes SECTION III DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS The City currently imposes taxes on the retail sales of adult -use and medicinal cannabis. Although these retail cannabis taxes currently constitute 4% of City's FY 2023-24 General Fund revenues, DTA conservatively applied a 90% discount rate to account for only the portion of the retail cannabis tax revenues that are expected to vary with population and employee growth in the City, as opposed to such revenues that are fixed and will therefore remain unchanged by the Project. DTA forecasts the retail cannabis taxes at $4.22 per Person Served, generating $899 in additional revenue to the City's General Fund. C Analysis of Recurring Costs, Case Study Method C.1 General Government Costs General government costs are projected at a marginal rate of 75.00% of the City General Fund recurring costs, based on the assumption that the FY 2023-24 general government expenditures, equaling $99.2 million, will remain at the same relative proportion of the FY 2023-24 City total non -governmental expenditures of approximately $283.8 million in future years. Government costs in this area are generated from several areas, including the City Council, City Manager, City Attorney, City Clerk, Finance and Management Services, Human Resource, Planning and Building, and Non -Departmental expenditures. According to the FY 2023-24 budget, the percentage of general government expenditures to non -governmental expenditures is approximately 34.9%. However, these general government costs are not expected to increase on a one -for -one basis as a result of the land use development depicted in this Report. Therefore, this Report assumes that general government costs increase at an estimated marginal rate of 75%, or 26.2% of the existing General Government cost overhead rate. This approach results in annual general government costs of $42,092. A detailed explanation of these calculations is presented in Appendix A-10. D Analysis of Recurring Costs, Multiplier Method As discussed previously in Section III.B, DTA utilized the Persons Served population approach to quantify the marginal increase in City's General Fund expenditures resulting from the proposed Project. The multipliers presented in this section and illustrated in Table 9 quantify the marginal increase in expenditures per Person Served for each specific service category. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 538 15 SECTION III DESCRIPTION OF RECURRING ta FISCAL REVENUES/COSTS www.FinanceDTA.com `Fable 9: General Fund Expenditures (Multiplier Method) category ___& Amount Methodology Discoum Police Department $396.34 Person Served 0% Fire Department $152.49 Person Served 0% Public Works $135.19 Person Served 0% Park, Recreation & Community Services $34.90 Person Served 15% Community Development $14.20 Person Served 15% Library $16.96 Person Served 15% Museum $3.84 Person Served 15% D.1 Non -General Government Costs D.1.i Police Services The FY 2023-24 City General Fund expenditures for police services are $146.8 million. Notably, the cost multipliers presented in this section have not been discounted. The police services expenditures are projected at $396.34 per Person Served, resulting in an additional $84,420 to the City's annual expenditures. D.1.ii Fire Protection Services The FY 2023-24 City General Fund expenditures for fire protection services are $56.5 million. Notably, the cost multipliers presented in this section have not been discounted. The fire protection services expenditures are projected at $152.49 per Person Served, resulting in an additional $32,480 to the City's annual expenditures. D.1.iii Public Works Services The FY 2023-24 City General Fund expenditures for public works services are $50.1 million. Notably, the cost multipliers presented in this section have not been discounted. The public works services expenditures are projected at $135.19 per Person Served, resulting in an additional $28,795 to the City's annual expenditures. D.1.iv Park, Recreation & Community ("PRC") Services The FY 2023-24 City General Fund expenditures for PRC services are $15.2 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the PRC services costs that are expected to vary with population and employee growth in the City. The PRC services expenditures are projected at $34.90 per Person Served, resulting in an additional $7,434 to the City's annual expenditures. D.1.v Community Development The FY 2023-24 City General Fund expenditures for the community development services are $6.2 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the community development EPD Solutions, Inc. May 13 2024 South Coast Technology Center Fiscal Impact Analysis Report City Council 28 — 539 W SECTION III ta www.FinanceDTA.com DESCRIPTION OF RECURRING FISCAL REVENUES/COSTS services costs that are expected to vary with population and employee growth in the City. The community development services expenditures are projected at $14.20 per Person Served, resulting in an additional $3,025 to the City's annual expenditures. D.1.vi Library Services The FY 2023-24 City General Fund expenditures for library services are $7.4 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the library services costs that are expected to vary with population and employee growth in the City. The library services expenditures are projected at $16.96 per Person Served, resulting in an additional $3,612 to the City's annual expenditures. D.1.vii Museum Services The FY 2023-24 City General Fund expenditures for museum services are $1.7 million. The cost multiplier presented in this section has been reduced by 15% to account for only the portion of the museum services costs that are expected to vary with population and employee growth in the City. The museum services expenditures are projected at $3.84 per Person Served, resulting in an additional $818 to the City's annual expenditures. EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 540 17 ta www.FinanceDTA.com IV FISCAL IMPACTS A Total Recurring Revenues SECTION IV FISCAL IMPACTS The total recurring incremental revenues to the City are projected to be $460,412 per year. As illustrated below in Table 10 and Figure 4, the largest percentage of revenue generated (82.4%) is attributed to the Property Tax category (including property tax in lieu of VLFs). Given the existing assessed value for the Project site has been artificially restricted by a 2% annual escalator, the development of the components of the Project would remove that restriction and substantially increase the property taxes and in -lieu VLF revenues for the site. Attachments in Appendices A-4 through A-8 provide additional details regarding all recurring revenues and the assumptions used in their derivation. Table 10: Recurring Fiscal Revenues (the City s General Fund) Secured Property Tax $235,616 51.2% Unsecured Property Tax $23,562 5.1% Property Taxes In Lieu of VLFs $120,157 26.1% Indirect Sales Tax $2,066 0.4% UUT $24,439 5.3% Business Licenses $38,284 8.3% Franchise Fees $5,353 1.2% Charges for Services $5,219 1.1% Licenses and Permits $1,657 0.4% Fines and Forfeitures $2,765 0.6% Adult -Use Retail Business Cannabis Tax $869 0.2% Medical Marijuana Taxes $30 0.0% Investment Income $395 0.1% Total Revenues $460,412 100.0% Note: All numbers are subject to rounding. Figure 4: Recurring General Fund Revenues at Project Build -Out Broken Down by Source Property Taxes $259,178 56.3% / Investment \ so / Income $395 Multiplier 0.1% Revenues UUT $54,177 $24,439 11.8% 5.3% EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report Property Tax In -Lieu of VLF $120,157 26.1% Indirect Sales Tax $2,066 0.4% May 13 2024 City Council 28-541 ta www.FinanceDTA.com B `total Recurring Costs SECTION IV FISCAL IMPACTS As illustrated in `fable 11 and Figure 5 below, the City's projected total annual incremental recurring costs are projected to be $202,676 per year. Police and fire protection services constitute two of the largest projected costs, respectively accounting for 41.7% and 16.0% of total recurring fiscal costs. Attachments in Appendices A-9 and A-10 provide additional details about all recurring costs and the assumptions used in their derivation. `Fable 11: Recurring Fiscal Costs (the City s General Fund) Cateciory Police Department $84,420 41.7% Fire Department $32,480 16.0% Public Works $28,795 14.2% Park, Recreation & Community Services $7,434 3.7% Community Development $3,025 1.5% Library $3,612 1.8% Museum $818 0.4% General Government $42,092 20.8% Total Costs 1 $202,676 1 100.0% Note: All numbers are subject to rounding. Figure 5: Recurring General Fund Costs at Project Build -Out Broken Down by Source Police Department $84,420 41.7% Fire Department $32,480 16.0 Public Works $28,795 General Government $818 $42,092 0.4% 20.8% EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report PRC $7,434 3.7% Community Development $3,025 Library 1.5 $3,612 1.8 May 13 2024 City Council 28 — 542 ta www.FinanceDTA.com C Overall Net Fiscal Impact SECTION IV FISCAL IMPACTS Table 12 and Figure 6 below shows the overall incremental fiscal impact to the City. The Project site is anticipated to generate an annual recurring incremental fiscal surplus at build -out of $257,736 based on the generation of $460,412 in annual recurring revenues and $202,676 in recurring annual costs. Furthermore, annual revenues generated are projected to equal 2.27 times the associated City incremental General Fund costs. Table 12: Net Fiscal Impact (the City's General Fund) Total Recurring Revenues $460,412 Total Recurring Costs* $202,676 Annual Recurring .Surplus/(Deficit) $257,7.36 Total Annual Revenue/Cost Ratio 2.27 Figure 6: Net Fiscal Impact (the City's General Fund) $s00000 $400,000 $300,000 $200,000 $100, 000 $0 ($100,000) ($200,000) ($300,000) $460,412 ($202,676) ■ Recurring City Funds Revenues ■Recurring City Funds Expenditures !Total Annual Recurring General Fund Surplus/(Deficit) EPD Solutions, Inc. South Coast Technology Center Fiscal Impact Analysis Report May 13 2024 City Council 28 — 543 20 APPENDIX A EPD Solutions, Inc. Proposed South Coast Technology Center Project Fiscal Impact Report FIA City Council 28 — 544 8/6/2024 APPENDIX A-1 SANTAANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER CITY FUND REVENUES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1] 299,630 2023 Estimated City Employees [2] 141,545 2023 Persons Served Population [3] 370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. [3] Assumes City population plus 50% of employees. 11 City Revenue Sources (by Type) Revenue .- F! 16 - - - 1 RevenueTotal .- Fiscal Impact Basis Discount Revenue Factor Tax Revenue $249,028,390 Persons Served $0.00 Property Tax - Exclude In -Lieu of VLF $46,525,390 Recurring Case Study 0% NA Transient Occupancy Taxes $8,500,000 Recurring Case Study 0% NA Utility Users Tax $25,800,000 Recurring Case Study 0% NA Sales Tax $64,715,400 Recurring Case Study 0% NA Prop 172 Sales Tax $2,871,200 Recurring Case Study 0% NA Measure X Sales Tax $88,616,400 Recurring Case Study 0% NA Documentary Stamp Tax $1,000,000 Recurring Case Study 0% NA Santa Ana Residual $11,000,000 Recurring Case Study 0% NA Business Licenses $15,000,000 Recurring Per Employee 15% $90.08 Franchise Fees $10,950,000 Recurring Persons Served 15% $25.13 Interest Income $700,000 Recurring Case Study 0% NA Charges for Services $10,675,650 Recurring Persons Served 15% $24.50 Building/Planning/Engineering Fees $10,740,000 Non -Recurring NA 100% NA Licenses and Permits $3,388,240 Recurring Persons Served 15% $7.78 VLF/Property Tax Compensation $42,044,300 Recurring Case Study 0% NA Fines and Forfeitures $5,654,100 Recurring Persons Served 15% $12.98 Intergovernmental $7,789,340 Recurring NA 100% NA Use of Money and Property $17,956,500 Recurring Persons Served 100% $0.00 Other / Miscellaneous $10,792,020 Recurring Persons Served 100% $0.00 Adult -Use Retail Business Cannabis Tax $15,116,130 Recurring Persons Served 90% $4.08 Commercial Cannabis Tax $416,000 1 Recurring Persons Served 100% $0.00 Medical Mari'uana Taxes $528,000 Recurring Persons Served 90% $0.14 Total Revenuesl $400,778,670 NA NA NA NA Total Recurring Revenuesl $390,038,670 NA NA NA NA City Council 28 — 545 8/6/2024 APPENDIX A-2 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER CITY FUND EXPENDITURES (BY TYPE) I Demographics and Other Data 2023 Estimated City Population [1] 299,630 2023 Estimated City Employees [2] 141,545 2023 Persons Served Population [3] 370,403 Notes: [1] California Department of Finance, Housing and Population Information, January 1, 2023. [2] Environics Analytics, EmploymentProfiles by NAICS Codes 2023 for the City of Santa Ana. [3] Assumes City population plus 50% of employees. II City Expenditures (by Type) .- - .-.- id Total.- Expenditures.- -Impact Basis - Factor General Government City Council $1,021,070 Recurring Case Study NA NA City Clerk's Office $2,411,150 Recurring Case Study NA NA City Manager's Office $3,144,680 Recurring Case Study NA NA City Attorney's Office $4,365,880 Recurring Case Study NA NA Planning and Building $20,146,220 Recurring Case Study NA NA Financial & Management Services $11,973,870 Recurring Case Study NA NA Human Resources $4,283,540 Recurring Case Study NA NA Non -Departmental $51,847,740 Recurring Case Study NA NA Non -General Government Police Department $146,805,550 Recurring Persons Served 0% $396.34 Fire Department $56,483,060 Recurring Persons Served 0% $152.49 Public Works $50,075,950 Recurring Persons Served 0% $135.19 Park, Recreation & Community Services $15,206,990 Recurring Persons Served 15% $34.90 Community Development $6,186,710 Recurring Persons Served 15% $14.20 Library $7,392,510 Recurring Persons Served 15% $16.96 Museum $1,674,210 Recurring Persons Served 15% $3.84 Total Expendituresl $383,019,130 NA NA NA NA Total Recurring Expendituresl $383,019,130 NA NA NA NA City Council 28 — 546 8/6/2024 APPENDIX A-3 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER LAND USE AND DEMOGRAPHICS SUMMARY Future Land Use Data I Developable Land Use Description A Projected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three Demographic Data I Non -Residential Land Use Employee Generation A Projected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three Population and Employees (Calculations) Building. Ft. 112,230 121,645 79,369 Sq. Ft. per Employee [221 737 BSF 737 BSF 737 BSF I Projected Direct Employees A Projected Non -Residential Land Uses Building. Ft. Total Direct Employees Industrial Building One 112,230 BSF 152 Industrial Building Two 121,645 BSF 165 Industrial Building Three 79,369 BSF 108 Population an I Total Projected Residential Population 0 II Total Projected Direct Employees 425 III Total Persons Served Population [3] 213 NOTES: [1] Source: Project Proponent. [2] Source: Project Proponent. [3] An employee is typically assumed to be equivalent to 50% of a resident given they would spend only eight active hours in the City per day versus a resident who is active for 16 hours per day. * All figures subject to rounding City Council 28 — 547 8/6/2024 APPENDIX A-4 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER PROPERTY TAX REVENUE ANALYSIS General Property Tax Assumption I Property Tax Allocation (as a Portion of the 1% General Property Tax Levy) [1] A Category / Code Allocated to City [21 General Fund 19.296953238% Total 19.296953238% Assessed Valuation Assumption I Non -Residential Land Uses A Industrial Building One Estimated Number of Sq. Ft. [3] 112,230 Estimated Valuation per Sq. Ft. [4] $390 Total Estimated Net Taxable Value $43,746,354 B Industrial Building Two Estimated Number of Sq. Ft. [3] 121,645 Estimated Valuation per Sq. Ft. [4] $390 Total Estimated Net Taxable Value $47,416,246 C Industrial Building Three Estimated Number of Sq. Ft. [3] 79,369 Estimated Valuation per Sq. Ft. [4] $390 Total Estimated Net Taxable Value $30,937,400 11 Total Land Use Net Taxable Value $122,100,000 I Unsecured Property Taxes - Assumptions [5] A Unsecured Taxes as a % of Secured Non -Residential Property 11 Property Tax Transfer - Assumptions [6] A Turnover Rate Non -Residential Property B Other Assumptions Transfer Tax as a % of Assessed Value Property Transfer Tax Passed Through to City of Santa Ana III Motor Vehicle Licensing Fees -Assumptions Vehicle Licensing Fees per Capita IV ProDertv Tax In -Lieu of Vehicle License Fee - Assumptions Total City of Santa Ana Gross Assessed Value [7] City of Santa Ana Property Tax In -Lieu of Vehicle License Fee [8] Property Tax In -Lieu of Vehicle License Fee Increase per $1,000 Assessed Value I Fiscal Impact Category A Secured Property Tax A.1 Proiected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three B Unsecured Property Tax 13.2 Proiected Non -Resident Industrial Building One Industrial Building Two 10.00% ��IYG6I8 0.11 % 50.00% NA $34,504,366,076 $42,044,300 $1.22 Annual Fiscal Impact Amount Industrial Ntviftu efl 28 — 548 8/6/2024 $84,417 $91,499 $59,700 $8,442 $9,150 $5,970 APPENDIX A-4 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER PROPERTY TAX REVENUE ANALYSIS C Property Tax In -Lieu of Vehicle License Fee [91 Projected Residential and Non -Residential Land Uses $120,157 11 Total Property Tax Revenues $379,335 NOTES: [1 ] Based on "General Fund" levy for Tax Rate Area (TRA). Data provided by the County of Orange Auditor -Controller's Office. TRA allocations adjusted for ERAF. Note, figure does not include non -General Funds. [2] Post ERAF rates based on the weighted average of the fiscal year 2023-24 rates applicable to the TRAs in the Project. Source: County of Orange Auditor -Controller Office. [3] Please see Appendix A-3. Subject to change. [4] Source: Project Proponent. [5] Based on typical DTA baseline assumptions. [6] Project Proponent plans to own the Project for an extended period. [7] Source: County of Orange Auditor -Controller's Office. [8] Source: City of Santa Ana Adopted Budget, Fiscal Year 2023-2024. [9] Property Tax in -lieu of Vehicle Licensing Fees applies to incremental property value. Current estimated land value of Project site of $23,491,046 excluded from calculation. * Aii figures subject to rounding City Council 28 — 549 8/6/2024 APPENDIX A-5 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER SALES TAX REVENUE ANALYSIS Indirec a s I Indirect Sales Tax Assumptions - Employees Annual Spending per Employee [1] 11 Retail Taxable Sales Capture City of Santa Ana Retail Taxable Purchase Capture [2] I Non -Residential Direct Sales Tax Assumptions A Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three Percent to the City of Santa Ana City of Santa Ana Municipal Code §35-51 Prop 172 Sales Tax [4] Measure X Sales Tax [5] Total Fiscal Impact Calcul I Fiscal Impact Category A Indirect Sales Tax A.1 Employee Taxable Sales Direct Employees B Direct Sales Tax B.1 Projected Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three I I Total Sales Tax Revenues $951 25% Taxable Sales per Sq. Ft [31 $0.00 $0.00 $0.00 1.00% 0.04% 1.00% 2.04% $2,066 $0 $0 $0 $2,066 NOTES: [1] Based on the average spending on Fast Food/Deli/Lunch Eateries for workers with annual income between $50K and $75K. Source: "Office -Worker Retail Spending in a Digital Age," ICSC (2012). Adjusted for inflation assuming 3%annual inflation rate. [2] Based on typical DTA baseline assumptions. [3] Source: Project Proponent. [4] The City projects to receive approximately 8.87% of the Prop 172 sales tax receipts generated within the City, which is equivalent to 0.04% sales tax rate. Source: City of Santa Ana Proposed Budget, Fiscal Year 2023-2024. [5] Current rate is 1.5%, decreases to 1.0% in 2029, and then sunsets in 2039. * All figures subject to rounding City Council 28 — 550 8/6/2024 APPENDIX A-6 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER UTILITY USERS' TAX REVENUE ANALYSIS I Utility Usage Assumptions A Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three 11 Energy Price Assumptions A Non -Residential Land Uses Electricity Costs per kWh [5] Natural Gas Rate per 1,000 Cu. Ft. [6] Water Rate per 748 Gallons [7] I Non -Residential Land Uses A Industrial Building One Telephone Electricity Natural Gas Water B Industrial Building Two Telephone Electricity Natural Gas Water C Industrial Building Three Telephone Electricity Natural Gas Water Utility Users' Tax Rate Assum tp ions Telephone (Municipal Code §3.16.020) Electricity (Municipal Code §3.16.030) Natural Gas (Municipal Code §3.16.040) Water (Municipal Code §3.16.050) I Fiscal Impact Category A Utility User's Tax - Telephone A.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three B Utility User's Tax - Electricity B.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three C Utility User's Tax - Natural Gas C.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three D Utility User's Tax - Water D.1 Non -Residential Land Uses Industrial Building One Industrial Building Two Industrial Building Three II Total Utility Users' Tax Revenues Telephone ($ per Business) [1] $4,800 $4,800 $3,840 Electricity (kWh per Sq. Ft.) [2] 10.8 10.8 10.8 Natural Gas (Cu, Ft. per Sq. Ft.) (31 26.4 26.4 26.4 Water (Gal, per Sq. Ft.) f41 8.3 8.3 8.3 $0.0816 $13.29 $2.60 $4,800 $98,906 $39,377 $3,238 $4,800 $107,203 $42,680 $3,509 $3,840 $69,946 $27,847 $2,290 5.50% 6.00% 6,00% 6.00% Annual Fiscal Impact Amount $264 $264 $211 $5,934 $6,432 $4,197 $2,363 $2,561 $1,671 $194 $211 $137 $24,439 City Council 28 — 551 8/6/2024 NOTES: [1] Based on the current base cost of AT&T Business Unlimited Premium plan with varying number of lines depending on the business. [2] Source: Commercial Buildings Energy Consumption Survey, Table C15, 2018. [3] Source: Commercial Buildings Energy Consumption Survey, Table C25, 2018. [4] Source: Commercial Buildings Energy Consumption Survey, Table W1, 2012. [5] Source: https://www.electricitylocal.com/states/california/santa-ana/ [6] Source: https://naturalgaslocal.com/states/california/santa-ana/. [7] Source: Santa Ana Water District. [8] Source: Project Proponent. * All figures subject to rounding City Council 28 — 552 8/6/2024 APPENDIX A-7 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER MULTIPLIER REVENUE SOURCES ANALYSIS Multiplier Revenue Assumptions I Revenue Category Business Licenses Franchise Fees Charges for Services Licenses and Permits Fines and Forfeitures Adult -Use Retail Business Cannabis Tax Medical Marijuana Taxes I Fiscal Impact Category Business Licenses Franchise Fees Charges for Services Licenses and Permits Fines and Forfeitures Adult -Use Retail Business Cannabis Tax Medical Marijuana Taxes II Total Multiplier Revenues Multiplier Factor [11 $90.08 $25.13 $24.50 $7.78 $12.98 $4.08 $0.14 NOTES: [1] Based on the City of Santa Ana Proposed Budget, Fiscal Year 2023-2024 * All figures subject to rounding Revenue Projection Basis Per Employee Persons Served Persons Served Persons Served Persons Served Persons Served Persons Served Annual Fiscal ImdactAmount $38,284 $5,353 $5,219 $1,657 $2,765 $869 $30 $54,177 City Council 28 — 553 8/6/2024 APPENDIX A-8 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER INVESTMENT INCOME REVENUES ANALYSIS I Investment Income Assumptions Investment Period for Recurring Non -Interest General Fund Revenues Local Agency Investment Fund (LAIF) Rate of Return [1] Local Agency Investment Fund (LAIF) Percentage of Earnings Cost [1] I Fiscal Impact Category Total Property Tax Revenues (Appendix A-4) Total Sales Tax Revenues (Appendix A-5) Total Utility User's Tax Revenues (Appendix A-6) Total Multiplier Revenues (Appendix A-7) II Projected Recurring General Fund Revenues Available for Investment III Plus: Investment Income (Less Earnings Cost) IV Total Recurring General Fund Revenues NOTES: [1] Estimate. Subject to change. * Aii figures subject to rounding 1 Month 2.06% 50.00% Annual Fiscal Impact Amount $379,335 $2,066 $24,439 $54,177 $460,017 $395 $460,412 City Council 28 — 554 8/6/2024 APPENDIX A-9 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER MULTIPLIER EXPENDITURES ANALYSIS L jM Multiplier Expenditure Assumptions I Expenditure Category Police Department Fire Department Public Works Park, Recreation & Community Services Community Development Library Museum Fiscal Impact Category Police Department Fire Department Public Works Park, Recreation & Community Services Community Development Library Museum II Total Multiplier Expenditures Multiplier Factor 1'11 Expenditure Projection Basis $396.34 Persons Served $152.49 Persons Served $135.19 Persons Served $34.90 Persons Served $14.20 Persons Served $16.96 Persons Served $3.84 Persons Served NOTES: [1] Based on the City of Santa Ana Proposed Budget, Fiscal Year 2023-2024. * Aii figures sub. ject to rounding Annual Fiscal Impact Amount $84,420 $32,480 $28,795 $7,434 $3,025 $3,612 $818 $160,584 City Council 28 — 555 8/6/2024 APPENDIX A-10 SANTA ANA, CALIFORNIA: SOUTH COAST TECHNOLOGY CENTER GENERAL GOVERNMENT EXPENDITURES ANALYSIS I General Government Overhead Expenditures Total Recurring Fund Expenditures (excluding General Government Overhead) [1] Recurring General Government Overhead Expenditures (as a %of Total Recurring Fund Expenditures) [2] Marginal Increase in General Government Costs I Fiscal Impact Category Total Multiplier Expenditures (Appendix A-9) II Projected Recurring General Fund Expenditures III Plus: General Government Costs IV Total Recurring Expenditures $283,824,980 34.9% 75% Annual Fiscal Impact Amount $160,584 $160,584 $42,092 $202,676 NOTES: [1] Based on the City of Santa Ana Propsed Budget, Fiscal Year 2023-2024. [2] General Government Overhead Expenditures defined as costs for Legislative, Administration, Finance, Development Services, and other General Government. * Aii figures subject to rounding City Council 28 — 556 8/6/2024 www.FinanceDTA.com 18201 VON KARMAN AVENUE, SUITE 220 IRVINE, CA 92612 PHONE: (800) 969-4DTA Public Finance Public -Private Partnerships Development Economics Clean Energy Ends www.FinanceDTA.com EPD SOLUTIONS, INC. PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA May 13, 2024 Public Finance Public -Private Partnerships Development Economics Clean Energy Bonds dta www.FinanceDTA.com/18201 V®n 1Qarman Avenue, Suite 220 e, CA 92612 EPD SOLUTIONS, INC. ECONOMIC IMPACT STUDY PROPOSED SOUTH COAST TECHNOLOGY CENTER PROJECT CITY OF SANTA ANA, CA Prepared for: EPD Solutions® Inc. 3333 Michelson Drive, Suite 500 Irvine, CA 92612 Attention: Meaghan Truman City Council 28 — 559 8/6/2024 TABLE OF CONTENTS SECTION PAGE I EXECUTIVE SUMMARY...................................................2 II INTRODUCTION.............................................................. 6 A Purpose of the Study..........................................................6 B Description of the Project.................................................7 C Approach to the Study ....................................................... 7 D Study Limitations..............................................................10 IIII RECURRING ANNUAL AND ONE-TIME ECONOMIC IMPACTS.........................................................................11 A Description of the Annual Recurring Impacts of the Project.................................................................................11 B Description of the One -Time Construction Impacts of theProject..........................................................................16 IV PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE ......................................... 20 APPENDICES APPENDIX A ANNUAL RECURRING ECONOMIC IMPACTS OF THE PROJECT APPENDIX B ONE-TIME ECONOMIC IMPACTS OF THE PROJECT City Council 28 — 560 8/6/2024 ta www.FinanceDTA.com I EXECUTIVE SUMMARY SECTION I EXECUTIVE SUMMARY The objective of this Economic Impact Study (the "Study") is to analyze the economic impacts of the proposed industrial use development known as South Coast Technology Center (the "Project") within the City of Santa Ana (the "City") in the County of Orange ("County"), California. This Executive Summary provides a general overview of the Study's conclusions regarding the economic impact of the Project on the City and the County. Overall, the Project is anticipated to add 687 permanent new jobs (425 on -site and 262 off - site) within the City. The Project would also provide 555 one-time jobs associated with its construction. Notably, the Project would deliver a substantial boost to the City's economy, with the production of goods and services increasing by $256.1 million annually. This growth in jobs and economic output would have a positive impact on the City as it would expand its economic base, thereby providing a strong foundation for the City's continued economic growth and fiscal health. A Description of the Project The Project location, as depicted in Figure 1 below, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD-58") zoning district, with the permissible land uses of the commercial/retail uses and professional and business offices. Figure 1: Aerial flap for the Project Site The Project Proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28-561 2 ta www.FinanceDTA.com SECTION I EXECUTIVE SUMMARY instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. As illustrated in Figure 2 and presented in Table 1 on the following page, the Project site is proposed to be redeveloped with three buildings encompassing approximately 313,244 building square feet ("BSF") of LLIU space. Figure 20 Proposed Project Site Plan 'I-,"��. Vl� CEMER �NVE ' INfE CENIFA �RM1EIRMbI � �. / — . o Buil Build ' ng 2A uildin 2B 45 SEI -- - -' OVERALL SITE PLAN South Coast Technology Center B Overview of Economic Impact Analysis This Study identifies the general economic impacts of the Project on the County and City. Economic impact studies operate under the basic assumption that any increase in spending resulting from a development project has direct, indirect, and induced economic effects. First, there is a direct impactcaused by the additional output of goods or services on -site. Second, there are a ripple of indirect impacts on all the industries whose outputs are used by firms located within the Project and various firms' supply chains. Third, there are induced impacts that arise when employment increases in the region and stimulates greater household spending. In evaluating these economic impacts, the Study incorporates two stages of the development process: (i) construction and (ii) recurring operations. First, there is a one- time impact from the construction of the various types of land uses within the Project. Then, after the construction and tenant improvement phases are complete, the Study determines the magnitude of the permanent annual recurring impact on the economy through the ongoing operations of the development that has occurred on the Project site. South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 562 3 SECTION I ta www.FinanceDTA.com EXECUTIVE SUMMARY DTA used the web application of the Impact Analysis for Planning ("IMPLAN") economic modeling system for its analysis. IMPLAN is a nationally recognized input-output model that can be used to estimate the impacts of new development on the economy through the use of an economic multiplier analysis that is applied to individual counties (e.g., Orange County). The economic multipliers are based on a proprietary model that inputs a series of extensive databases, local economic factors, and demographic statistics. A more detailed discussion regarding the IMPLAN model, as well as the conclusions described in this Executive Summary and assumptions and methodology utilized to reach these conclusions, may be found in Sections II -IV of the Study. C Recurring Economic Impacts of the Project As shown in Table 1, the annual recurring economic impacts of the Project on the City will be substantial. First, the Project is anticipated to create 425 permanent Full -Time Equivalent ("FTE") jobs on -site. In addition, the Project is expected to generate 262 permanent recurring indirect and induced full-time/part-time jobs off -site within the City, for a total of 687 jobs. As the City's total current workforce consists of 141,545 employees, FTE and part-time employees holding these additional jobs will constitute a 0.49% increase in the size of the City's current workforce. The total Labor Income associated with these new jobs will equal $63.1 million generated annually directly on -site, plus $22.4 million off -site Citywide, for a total increase in Labor Income of $85.5 million annually within the City. Finally, adding in $54.0 million in Other Value -Added revenues and $116.5 million in Intermediate Inputs yields a total recurring Citywide economic output of $256.1 million per year from the Project, which represents a considerable boost to the City's economy. Table 1: Project's `Dotal Recurring Annual Impacts on the City JW Recurring Annual Impacts Indirect/Induced Tot Employment 425 262 687 Overall Economic Output $195,213,681 $60,921,643 $256,135,324 Labor Income $63,120,866 $22,420,892 $85,541,7 88 Other Value Added $38,616,322 $15,432,424 $54,048,746 Intermediate Inputs $93,476,494 $23,068,326 $116,544,820 Note: All numbers are subject to rounding. D One -Time Economic Impacts of the Project Similarly, as reflected in Table 2 below, the one-time economic impacts from the construction of the Project on the City will also be significant. First, the Project is anticipated to create 457 FTE construction jobs on -site. In addition, the Project is expected to generate 98 indirect and induced full-time/part-time jobs off -site within the City, for a total of 555 one-time jobs within the City. The total Labor Income associated with these added employees will equal $38.0 million directly on -site, plus $7.3 million off -site but within the City, for a total increase in Labor Income of $45.3 million Citywide South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 563 n SECTION I ta www.FinanceDTA.com EXECUTIVE SUMMARY on a one-time basis. Finally, adding in $6.9 million in Other Value -Added revenues and $32.4 million in Intermediate Inputs yields a total one-time Citywide economic output for the Project of $84.66 million, which represents a considerable boost for construction within the City. Notably, the one-time construction output represents the aggregate outputs generated during the overall Project construction period, which could span over more than one year. Table 2: Project's One-Time/Construction Impacts on the City Employment 457 98 555 Overall Economic Output $63,500,000 $21,159,774 $84,659,774 Labor Income $38,002,669 $7,346,977 $45,349,646 Other Value Added $1,126,141 $5,802,880 $6,929,022 Intermediate Inputs $24,371,189 $8,009,916 $32,381,106 Note: All numbers are subject to rounding. E Jobs -Housing Balance The jobs -housing balance is an indicator of the relative equilibrium between employment and housing opportunities in a given area. A positive balance between jobs and housing has a beneficial impact on a municipality by decreasing costs associated with commuting and traffic congestion. It also reduces commute times, improves local social, cultural and family involvement, provides a more attractive work/life balance to residents, and generates savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. As reflected below in Table 3, the City's current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, exceeding the Statewide average of 1.260. The addition of 687 new jobs through the construction of the Project would increase this ratio to 1.733. A more detailed explanation of this metric is included in Section IV of this Study. Table 3: Pre -Project and Post -Project Jobs -Housing Balance ME®ascription Citywide re -Project Average'Mr- Post -Project Statewide Average Numberi Jobs Number ofHousingUnits i- i i '�- i i•i • i � i i � i � � • i i Jobs -Housing Balance 1 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2023. 2 Labor Market Information Division, State of California Employment Development Department. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 564 5 ta www.FinanceDTA.com II INTRODUCTION A Purpose of the Study SECTION II INTRODUCTION The objective of this Economic Impact Study (the "Study') is to analyze the economic impacts of the proposed industrial use development known as South Coast Technology Center (the "Project") within the City of Santa Ana (the "City') in the County of Orange (the "County"), California. This Study identifies the general economic impacts of the Project on the County and City. General economic impacts include additions to the County's and City's employment (number of average annual full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). Economic impact studies also operate under the basic assumption that any increase in impacts has direct, indirect, and induced effects as illustrated in Figure 3 below. First, there is a direct effect caused by the additional output of goods or services on -site. Second, there is a ripple of indirect effects on all the industries whose outputs are used by firms located within the Project and various firms' supply chains. Third, there are induced effects that arise when employment increases in the region and stimulates greater household spending. Figure 3: Direct, Indirect, and Induced Impacts South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 565 M ta www.FinanceDTA.com SECTION II INTRODUCTION The Study also distinguishes between one-time economic impacts and permanent economic impacts. One-time impacts include benefits to the community that occur on a non -recurring basis as a result of construction and development activity, while permanent recurring impacts refer to benefits that occur on a continuous basis year after year once the Project has been build -out. Generally, first, there is a one-time impact from the construction of the facility. Then, after the construction phases are complete, firms have a recurring impact on the economy through their ongoing operations. Additionally, for the purposes of the Study, all economic impacts are stated in constant 2024 (uninflated) dollars based on the assumption that the relative impacts of inflation in future years may be difficult to gauge. B Description of the Project The Project location delineated in Figure 1, which may be found in the Executive Summary of this Study, is generally comprised of two separate sites located on both sides of Susan Street in the City, with the one on the east side currently developed with three existing office buildings located at 3100, 3110, and 3120 West Lake Center Drive, and the one on the west side encompassing approximately 5.58 acres of vacant land. The entire Project site is located within the City Specific Development No. 58 ("SD-58") zoning district, with the permissible land uses of commercial/retail uses and professional and business offices. The Project Proponent is proposing to demolish the existing office buildings and appurtenant infrastructure on the Project site, and amend the permissible uses of SD-58 for the Project site to include limited light industrial uses ("LLIUs"), including but not limited to product assembly, the manufacture of biological, biomedical, and pharmaceutical products, the manufacture of scientific, engineering, and medical instruments, wholesale, warehousing, machine and other metal working shops, and research laboratories. A summary of the proposed land uses and their respective associated BSF in the Project is listed below in Table 4 and depicted in Figure 2 in the Executive Summary of this Study. Table 4: Proposed Land Uses for the Project Industrial Building 1 112,230 Industrial Building 2 121,645 Industrial Building 3 79,369 Grand Total 1 313,244 For purposes of this Study, Industrial Buildings 1 and 2 are assumed to be occupied by tenants in the Surgical and Medical Instrument Manufacturing sector, while Building 3 is assumed to house a tenant in the Electromedical and Electrotherapeutic Apparatus Manufacturing sector. Both manufacturing sectors have prominent employment bases in the County and are permissible LLIUs. The City and Project proponent have deemed South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 566 7 ta www.FinanceDTA.com SECTION II INTRODUCTION those uses to be feasible on the Project site. However, since the Project proponent is constructing all three buildings on a speculative basis, the building uses presented in this Study are preliminary and cannot be guaranteed by the Project proponent or the City. C Approach to the Study The Study distinguishes between one-time impacts and permanent impacts. In evaluating these impacts, the Study quantifies both direct and indirect/induced economic impacts on the County and City. Direct economic impacts reflect the initial or first -round increases in jobs, earnings, and output, all of which occur directly on -site. Indirect/induced economic impacts are the secondary and other additional rounds of economic activity that occur as a result of the direct impacts and generally take place elsewhere within the County and City. The indirect impacts represent the economic activity, specifically the buying and selling of goods and services, of suppliers to the Project land use types analyzed. In this Study, suppliers to the Project consist primarily of wholesalers, maintenance and repair professionals, utilities' providers, real estate services, and employment and business support services. One-time impacts include benefits to the County and City that occur on a non -recurring basis as a result of construction and development activity, while permanent impacts refer to benefits that occur on a continuous basis year after year. The suppliers representing the indirect one-time impacts are mainly heavy industrial and construction suppliers for the actual development of buildings and facilities. The induced impacts represent the economic activity that results from household spending by employees of all companies directly and indirectly affected by the construction and operation of the land uses analyzed in this Study. For the purposes of determining impacts, the Study employs two standards that are frequently utilized in economic impact studies, as detailed below. CJ North American Industry Classifications Indirect and induced impacts can occur throughout all industries of the economy and have been categorized using the North American Industry Classification System ("NAICS"). Adopted by the Office of Management and Budget ("OMB") in 1997 to replace the Standard Industrial Classification ("SIC") System, NAICS is a widely used system that classifies business establishments for the collection, analysis, and publication of statistical data in Canada, Mexico, and the United States. NAICS industries are identified using a 6-digit coding system to classify all economic activity into 20 broad sectors, five of which are mainly goods -producing sectors and 15 of which are services -producing sectors. This 6-digit hierarchical structure allows for the identification of nearly 1,170 industries. IMPLAN employs a sectoring scheme representing rollups of NAICS descriptions, with each sector having its own spending pattern derived from the U.S. Bureau of South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 567 ta www.FinanceDTA.com SECTION II INTRODUCTION Economic Analysis' expenditures patterns. The Electromedical and Electrotherapeutic Apparatus Manufacturing Sector and Surgical and Medical Instrument Manufacturing Sector are the focal IMPLAN sectors analyzed within this Study to determine the indirect and induced economic impacts generated by the Project. C.2 IMPLAM Multipliers Although most economists agree that indirect and induced effects, or "multiplier" effects, exist, most economists also concur that such effects are difficult to measure. Patterns of spending and employment among suppliers and employee households often vary over time and from one region to another. Nevertheless, there are certain input-output models that can be used to estimate indirect and induced effects. In quantifying the indirect and induced economic impacts for the Study, DTA utilized the IMPLAN input-output modeling system, a type of quantitative economic model that provides an approximate measure of the "multiplier effect" of a firm's spending on payroll and the purchasing of goods and services. DTA used the web application of the IMPLAN economic modeling system with economic data from 2022 for the County ("IMPLAN Study Model"). Like similar econometric models, IMPLAN helps calculate the flow of payments for goods and services across different industry sectors and between households and industries. Unlike similar econometric models, e.g., the Regional Input -Output Modeling System ("RIMS II"), IMPLAN is the industry standard. RIMS II and IMPLAN both include induced effects, but RIMS II differs from IMPLAN in two ways. Specifically, RIMS II uses a single household type for induced personal consumption and employs the traditional single row/column Type II formulation, whereas IMPLAN uses nine (9) household types and applies a more robust mapping of factor income to household consumption using several submatrices. RIMS II also uses location quotients to regionalize the national technical coefficients, a method that underestimates inter -regional trade and overestimates regional multipliers when cross -hauling is present. The IMPLAN model can be envisioned simply as a large spreadsheet with hundreds of industries (plus the household sector) arrayed across the top as producers and the same industries and households listed down the side as consumers. Each million dollars (output) in spending by any one consumer (i.e., the Project) is allocated across the producing industries from which it buys goods and services. These producing industries, in turn, spend money buying goods and services from their own distinct sets of suppliers. Thus, the IMPLAN multiplier model allows one to gauge the effect on each dollar expended by an industry as it diffuses through a regional economy. Furthermore, it allows one to translate the overall regional impact of spending into jobs and employee South Coast Technology Center Project Economic Impact Study May 13 2024 City Council i •i 0 ta www.FinanceDTA.com SECTION II INTRODUCTION compensation. Please refer to Figure 4 for a graphical representation of the multiplier effect. The multiplier factors available to determine indirect/induced impacts are intended to reflect impacts for entire areas within the County. Figure 4: Multiplier Effect of Project Expenditures Outside Purchases Outside Labor Outside Source: Northern Economics, Inc. 2011. D Study limitations The economic models in the Study contain an analysis of revenues and impacts to the County and City resulting from the Project. These models are based on information provided to DTA by the Project proponent, certain assumptions taken from DTA's proprietary databases as compiled from previous studies prepared by the firm, Spotlight by Environics Analytics, and Internet research performed by DTA regarding various industries. The sources of information and basis of the estimates calculated in the Study are stated herein. While DTA is confident that the sources of information are reliable, DTA does not express an opinion or any other form of assurance on the accuracy of such information. The analysis of economic impacts contained in this report is not considered to be a "financial forecast" or "financial projection" as technically defined by the American Institute of Certified Public Accountants. The word "projection" used within this report relates to broad expectations of future events or market conditions. Since the analyses contained herein are based on estimates and assumptions that are inherently subject to uncertainty and variation depending on evolving events, DTA cannot represent that such estimates will be achieved. Some assumptions inevitably will not materialize, and unanticipated events and circumstances may occur. Therefore, the actual results achieved may vary from the projections stated throughout the Study. South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 569 ■ K ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS III RECURRING ANNUAL AND ONE-TIME ECONOMIC IMPACTS As noted previously, the Study identifies the general impacts on the County and City economy that would result from the construction of the Project and quantifies these impacts wherever possible. General economic impacts include additions to the County's and City's employment (number of average annual full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). The Study also distinguishes between one-time economic impacts and permanent economic impacts. One-time impacts include benefits to the community that occur on a non -recurring basis as a result of construction and development activity, while permanent recurring impacts refer to benefits that occur on a continuous basis year after year. A Description of the Annual Recurring Impacts of the Project A.1 Employment "Employment" follows the same definition as the U.S. Bureau of Economic Analysis' regional economic accounts and U.S. Bureau of Labor Statistics' Census of Employment and Wages data, which is the full-time/part-time annual average. Thus, one (1) job lasting 12 months is equivalent to two (2) jobs lasting 6 months each or four (4) jobs lasting 3 months each. In terms of a typical IMPLAN analysis, a job that lasts 6 months would be considered 1/2 (0.50) of a job, while one that lasts 3 months would be considered 1/4 (0.25) of a job. Notably, IMPLAN's analysis normally includes both FTE jobs and part-time jobs, which overstates the number of FTE jobs generated by a development project. In order to compensate for that factor, DTA applies a discounting factor provided by IMPLAN that varies by industry and can be used to reduce the number of direct jobs generated by IMPLAN in our Study so that it represents the equivalent of the number of FTE direct jobs. The indirect and induced full-time/part-time job estimates for the Project were derived utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and, therefore, within the County itself, with an estimated 50% of those jobs to be located within the City. Similarly, the Project's jobs will lead to more consumer spending by employees in existing retail establishments within the County and City, as well as new retail development that will be attracted to the County and City as a result of this spending. Job creation also results in increased tax revenues to the County and City through increased property taxes and sales taxes related to this new development. However, because of potential differences in the timing of the build -out of the Project, the number of employees summarized above will likely not be realized at South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 570 11 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS the same time. Notably, it is possible that the build -out of the Project will occur over more than one year and the demand for some elements of the Project may fluctuate over time. DTA estimated the number of direct employees at the Project's build -out based upon the 737 Square Feet per Employee ("SF/E") factor provided by the Project Proponent. Based on several data sources that provided this type of data for similar land uses, DTA deemed this metric to be appropriate for the Project. Simply put, the Project will contribute to the creation of new jobs in the County and City. As reflected in Figure 5 and Table 5, the development of the Project is forecasted to generate approximately 425 estimated new recurring permanent on -site FTE jobs within the County and City annually. In addition to these on -site employment opportunities, DTA estimates that the Project will generate new off -site jobs in all industries of the County's and City's economy that constitute the indirect/induced employment impacts of the Project. A total of 240 permanent indirect jobs and 284 induced jobs are expected to be created in the County, with 120 of those indirect jobs and 142 of those induced jobs occurring within the City. As described previously, indirect jobs are those that are located off -site but are necessary to support the Project by providing goods and services to on -site businesses. Induced jobs are those that result from the expenditures made by the employees working directly or indirectly on -site within the Project. Table 5: Project's Recurring Annual Employment Impact Conclusions Recurring Annual Employment Impacts Land Use 0 rSF/E� Indirect3 Induced `Total Direct County City' Countyjk City' County City Industrial Industrial Building Three Note: All numbers are subject to rounding. 3 The IMPLAN Study Model outputs are based on the number of direct employees. 4 Assumes 50% of the indirect/induced jobs generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 571 12 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 5: Annual Recurring Jobs Generated by the Project 1,000 900 800 700 600 500 400 300 200 100 0 142 120 425 County City ■ Direct ■ Indirect FA Indudced The indirect and induced job estimates for the Project were derived utilizing the IMPLAN Study Model. While the specific location of the additional indirect jobs created within the County cannot be definitively determined, experience and modeling indicate that a large percentage of these jobs will be support service jobs. These jobs are also likely to be located close to the Project and therefore, within the City itself. Similarly, the Project's jobs will lead to more consumer spending by employees in existing retail establishments within the City and County, as well as new retail development that will be attracted to the City and County as a result of this spending. Job creation also results in increased tax revenues to the City and County through increased property taxes and sales taxes related to this new development. However, as a result of potential differences in the timing of the build -out of the Project, the number of employees summarized above will likely not be realized at precisely the same time. Notably, it is estimated that the build -out of the Project will occur over several years, as the demand for some elements of the Project may fluctuate over time. A.2 Total Economic Output "Total Economic Output" represents the total value of all goods and/or services produced throughout a designated economy during a specified period of time, including Labor Income, Other Value Added, and the cost of Intermediate Inputs. Each of these components are defined below. "Labor Income" includes employee compensation (wages and benefits) and payments received by self-employed individuals and unincorporated South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 572 13 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS business owners. The Quarterly Census of Employment and Wages ("CEW") published by the Bureau of Labor Statistics is the primary source of employment and income data for IMPLAN. "Other Value Added" encompasses other property income, such as the consumption of capital investment, profits, royalties, dividends, interest impacts, and taxes on production and imports. The primary sources of Other Value Added are taxes on production and imports net of subsidy and Gross Operating Surplus ("GOS") data at the 3-digit NAICS level released by the Bureau of Economic Analysis. "Intermediate Inputs" include purchases of non -durable goods and services used for the production of other goods and services within a project, rather than for final consumption. Intermediate Inputs equal the Total Economic Output minus the sum of Labor Income and Other Value Added. Total Economic Output within the City and County will increase substantially as a result of the development of the Project and can be estimated based on the different types of development projected to occur. As previously stated, this Study analyzes direct, indirect, and induced impacts. With regard to direct impacts, the economic output reflects the initial or first -round increases in the total value of all goods and/or services produced (total spending/gross receipts, plus the Labor Income listed in Table 6 and other incomes/taxes), all of which occur directly on the Project site. Indirect/induced economic impacts are the secondary and other additional rounds of economic activity that occur due to the direct output impacts and can take place outside of the boundaries of the Project site. The indirect impacts represent economic activity, specifically the buying and selling of goods and services, of suppliers and/or supporting businesses. The induced impacts represent economic activity that results from household spending by employees of all companies directly and indirectly affected by the Project. Please refer to Figure 3 for a graphical representation of the indirect and induced effects. The generation of 949 new jobs in the County will increase the payrolls collected by County and City residents who are holding these jobs, which were estimated utilizing the IMPLAN Study Model. As summarized in Table 6 and listed in detail in Appendix A, the jobs to be generated by the Project will provide Labor Income ranging from an average of $133,608 per year for Surgical and Medical Instrument Manufacturing Sector jobs in Buildings 1 and 2 to an average of $192,289 per year for Electromedical and Electrotherapeutic Apparatus Manufacturing Sector jobs in Building 3. This would result in an average income of $148,520 per direct FTE employee on -site and an average Labor Income of $124,541 per job if we also include both indirect and induced jobs. Total aggregate Labor Income paid to all direct, indirect, and induced employees for the Project will equal $108.0 million within the County, with $85.5 million of the income generated within the City. The total direct South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 573 ■mr ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Labor Income generated by the Project on -site is anticipated to be $63.1 million. Table 6: Annual Recurring Labor Income Generated by the Project i-. 0.. i..,.- i. -i County $63,120,866 $25,448,599 $19,393,185 $107,962,650 Citys $63,120,866 $12,724,299 $9,696,592 $85,541,758 Note: All numbers are subject to rounding. The IMPLAN Study Model also includes algorithms that forecast the Other Value Added and Intermediate Inputs to be generated by the Project. As reflected in Tables 7 and 8, DTA has estimated that the Project's direct and indirect/induced economic outputs total $317.1 million for the County and $256.1 million for the City. As summarized in Table 8 and Figure 6, and listed in detail in Appendix A, the total direct economic output generated by the Project on -site is anticipated to be $195.2 million. Table 7: Project's Total Annual Recurring Impacts (County) MOMMEEM - -. Overall Economic Output $195,213,681 $121,843,286 $317,056,967 Labor Income $63,120,866 $44,841,784 $107,962,650 Other Value Added $38,616,322 $30,864,849 $69,481,171 Intermediate Inputs $93,476,494 $46,136,653 $139,613,146 Note: All numbers are subject to rounding. Table 8: Project's Total Annual Recurring Impacts (City) • - i . Overall Economic Output $195,213,681 $60,921,643 $256,135,324 Labor Income $63,120,866 $22,420,892 $85,541,758 Other Value Added $38,616,322 $15,432,424 $54,048,746 Intermediate Inputs $93,476,494 $23,068,326 $116,544,820 Note: All numbers are subject to rounding. 5 Assumes 50% of the indirect/induced Labor Income generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 574 15 SECTION III ta www.FinanceDTA.com RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 6: Annual Recurring Economic Output Generated by the Project $350 C ® $300 $250 $200 $150 5.2 $100 $50 $0 County City ■ Direct ■ Indirect Induced B Description of the One -Time Construction Impacts of the Project As was the case for annual recurring economic impacts, one-time impacts generate one-time non -recurring increases in the County's and City's employment rates (number of full-time and part-time jobs), economic output (e.g., gross receipts), and earnings (the sum of wages, salaries and benefits, and other labor income). The difference is that one-time impacts include economic benefits to the community that occur on a non -recurring basis as a result of construction and development activity. B.1 One -Time Employment According to the IMPLAN Study Model, development of the Project is also projected to create 457 estimated one-time FTE construction -related jobs on -site and 196 one-time indirect and induced full-time/part-time jobs off -site in the County, with 98 of those jobs within the City, for a total of 653 and 555 one-time jobs within the County and City, respectively. Table 9 and Figure 7 below, as well as Appendix B, summarize the projected increases in one-time employment that are generated from the construction of the Project land uses. `Fable 9: Project's One -`Dime Construction and Development Employment County 457 53= 143 653 City6 457 26 1 72 555 �71 Note: All numbers are subject to rounding. 6 Assumes 50% of the indirect/induced jobs generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 575 W ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 7: Project's One -Time Construction and Development Employment 700 600 143 72 S00 400 300 200 9100 0 County city ■ Direct ■ Indirect ■ Induced B.2 One -Time Labor Income One-time construction and development costs will also have multiplier effects on the economy, thereby generating one-time increases in Labor Income from the construction of the site infrastructure improvements and non-residential buildings. The average Labor Income is $83,157 per direct FTE job on -site, with an average Labor Income of $81,699 per job including both indirect and induced jobs. Table 10 and Figure 8 below, as well as Appendix B, summarize the projected increases in Labor Income generated from the construction of the Project land uses. Table 10: Project's One -Time Construction and Development Labor Income County $38,002,669 $4,912,090 $9,781,864 $52,696,624 City7 $38,002,669 $2,456,045 $4,890,932 $45,349,646 Note: All numbers are subject to rounding. 7 Assumes 50% of the indirect/induced Labor Income generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 576 17 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 8: Project's One -Time Construction and Development Labor Income $60 C 0 is $50 $40 $30 $20 $10 $0 County City ■ Direct Indirect ■ Induced B.3 One -Tune Total Economic Output According to the IMPLAN Study Model, the development of the Project is also projected to generate one-time increases of $105.82 million in Total Economic Output from the construction and development of the site infrastructure improvements and non-residential buildings within the County, with increases of $84.66 million in Total Economic Output within the City. Table 11 and Figure 9 below, as well as Appendix B, summarize the projected increases in total one-time economic output generated from the construction and development of the Project land uses. Table 11: Project's One -Time Construction and Development Total Economic Output MINTZIiII0, I County $63,500,000 $14,235,907 $28,083,641 $105,819,548 City8 $63,500,000 $7,117,954 $14,041,820 $84,659,774 Note: All numbers are subject to rounding. 8 Assumes 50% of the indirect/induced economic outputs generated in the County will be created within the City. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 577 ta www.FinanceDTA.com SECTION III RECURRING ANNUAL AND ONE- TIME ECONOMIC IMPACTS Figure 9: Project's One -Time Construction and Development `Dotal Economic Output 2 $120 0 is $100 $28.1 $14.0 $80 $60 $40 63.5 $20 County City ■ Direct ■ Indirect Induced South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 28 — 578 ■ VI ta www.FinanceDTA.com SECTION V PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE IV PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE As stated previously, the Project is estimated to create approximately 425 new on -site permanent recurring FTE jobs and DTA approximates that an additional 262 new off -site indirect and induced permanent recurring full-time/part-time jobs will be created Citywide. This results in a jobs -housing balance calculation wherein the numerator (i.e., number of jobs) increases, while the denominator (i.e., number of housing units located in the City) remains the same. The jobs -housing balance is an indicator of the balance between employment and housing opportunities in a given area. To a large degree, the jobs available in a community should adequately represent the skills of the community's labor force. Housing prices/locations should also be suited to the budgets of the workers within that community. However, defining what constitutes a "balance" is not an easy task due to variations in local and regional economies and housing patterns, e.g., what indicates "balance" in the City might not be similarly appropriate in other parts of the State. A positive balance between jobs and housing has a beneficial impact on the City by decreasing costs associated with commuting and traffic congestion. A balanced jobs -housing ratio also provides, inter alia, reduced commute times, improved social and cultural involvement, a more attractive work/life balance to residents, and savings to local public agencies in terms of the need to construct and maintain new road improvements and other facilities. For example, any decrease in transportation facility costs experienced by local public agencies will enable these agencies to invest their tax proceeds in other facilities that can improve the quality of life within the City, such as libraries, recreational projects, and other community amenities. All these factors enhance the City's economic well-being and that of the residents of the City, a portion of whom will find work within the Project. Notably, the change in the City's jobs -housing balance will be mitigated by an influx of residents to the City who currently live elsewhere but might move to the City in order to live closer to the new jobs generated directly or indirectly by the Project. However, this in turn would increase the City's labor force and provide new consumers who will support existing and new businesses in the City that will provide them with the necessary goods and services. The positive impact of an increase in the City's jobs -housing balance can't be overstated. South Coast Technology Center Project May 13 2024 Economic Impact Study City Council 28 — 579 20 ta www.FinanceDTA.com SECTION V PROJECT IMPACTS ON THE CITY'S JOBS -HOUSING BALANCE At build -out, the Project will have a positive effect on the City's jobs -housing balance. Table 12 and Figure 10 below summarize the pre -Project and post -Project jobs -housing balance, as well as California Statewide average development figures. Table 12: Pre -Project and Post -Project Jobs -Housing Balance ��Description Pre -Project Post -Project Number of Jobs 141,5459 142,232 18,537,400 Number of Housing Units 82,058 82,058 14,707,698 Existing10 82,058 82,058 14,707,698 New N/A 0 0 Jobs -Housing Balance 1.725 1.733 1.260 Figure 10: Pre -Project and Post -Project Jobs -Housing Balance: 2.000 1.500 1.725 1.733 1.000 260 0.500 1. 0.000 F Pre -Project Post -Project Statewide Citywide Citywide As reflected above in Table 12 and Figure 10, the City's current ratio of jobs within the City as compared with the number of housing units Citywide is 1.725, exceeding the Statewide average of 1.260. Clearly, the City is an employment -rich community with a large number of local jobs that are likely to provide employment to both City residents and persons residing outside of the City. The addition of 687 new jobs through the construction of the Project would increase this ratio to 1.733. As the City's total current workforce consists of 141,545 employees, FTE and part-time employees holding these additional jobs will constitute a 0.49% increase in the size of the City's current workforce. 9 Spotlight by Environics Analytics, Employment Profiles by NAICS Code 2023. io Labor Market Information Division, State of California Employment Development Department. South Coast Technology Center Project Economic Impact Study May 13 2024 City Council 21 APPENDIX A EPD Solutions, Inc. South Coast Technology Center Project Economic Impact Study ANNUAL RECURRING ECONOMIC IMPACTS OF THE PROJECT City Council 28 — 581 8/6/2024 dta W W W.F1 N ANC EDTA_C OM Appendix A South Coast Technology Center Project City of Santa Ana Recurring Economic Impact (2024$) Industrial Building One County 313.37 $107,862 $33,800,653 $18,983,991 $41,219,898 $94,004,542 Direct 152.00 $133,608 $20,308,390 $9,333,289 $27,182,408 $56,824,086 Indirect 72,07 $102,622 $7,395,932 $4,537,821 $7,735,873 $19,669,627 Induced 89.30 $68,268 $6,096,330 $5,112,882 $6,301,617 $17,510,829 City 232.69 $116,271 $27,054,521 $14,158,640 $34,201,153 $75,414,314 Direct 152.00 $133,608 $20,308,390 $9,333,289 $27,182,408 $56,824,086 Indirect' 36.04 $102,622 $3,697,966 $2,268,911 $3,867,937 $9,834,814 Induced' 44.65 $68,268 $3,048,165 $2,556,441 $3,150,808 $8,755,414 Industrial Building Two County 340.17 $107,862 $36,691,498 $20,607,622 $44,745,284 $102,044,404 Direct 165.00 $133,608 $22,045,292 $10,131,530 $29,507,219 $61,684,041 Indirect 78.23 $102,627 $8,028,479 $4,925,925 $8,397,494 $21,351,898 Induced 96.94 $68,266 $6,617,727 $5,550,167 $6,840,571 $19,008,465 City 252.59 $116,271 $29,368,395 $15,369,576 $37,126,252 $81,864,223 Direct 165.00 $133,608 $22,045,292 $10,131,530 $29,507,219 $61,684,041 Indirect' 39.12 $102,627 $4,014,240 $2,462,962 $4,198,747 $10,675,949 Induced' 48.47 $68,266 $3,308,864 $2,775,084 $3,420,285 $9,504,233 Industria e County 295.17 $126,945 $37,470,499 $29,889,557 $53,647,964 $121,008,020 Direct 108.00 $192,289 $20,767,184 $19,151,503 $36,786,866 $76,705,554 Indirect 89.34 $112,203 $10,024,188 $5,135,268 $9,956,867 $25,116,322 Induced 97.83 $68,273 $6,679,127 $5,602,786 $6,904,231 $19,186,145 City 201.59 $144,449 $29,118,842 $24,520,530 $45,217,415 $98,856,787 Direct 108.00 $192,289 $20,767,184 $19,151,503 $36,786,866 $76,705,554 Indirect 44.67 $112,203 $5,012,094 $2,567,634 $4,978,433 $12,558,161 Induced' 48.92 $68,273 $3,339,564 $2,801,393 $3,452,116 1 $9,593,072 Grand Total e Countyl 948.71 1 $113,799 1 $107,962,650 $69,481,171 $139,613,146 $317,056,967 Grand Total - Cityl 686.86 1 $124,541 1 $85,541,758 $54,048,746 $116,544,820 $256,135,324 Assumes 50% of County's indirect/induced impacts will be created within the City. City Council Page 1 of �8 — 582 8/6/2024 APPENDIX 8 EPD Solutions, Inc. South Coast Technology Center Project Economic Impact Study ONE-TIME ECONOMIC IMPACTS OF THE PROJECT City Council 28 — 583 8/6/2024 dta WWW.FINANCEDTA_COM Appendix B South Coast Technology Center Project City of Santa Ana One-time Economic Impact (2024$) Per Aggregate Val ue . ..Expenditures .. -- Vertical Construction Intermediate Total Output County 653.17 $80,678 $52,696,624 $12,731,902 $40,391,022 $105,819,548 Direct 457.00 $83,157 $38,002,669 $1,126,141 $24,371,189 $63,500,000 Indirect 52.82 $92,997 $4,912,090 $3,413,289 $5,910,528 $14,235,907 Induced 143.35 $68,238 $9,781,864 $8,192,471 $10,109,305 $28,083,641 City 555.09 $81,699 $45,349,646 $6,929,022 $32,381,106 $84,659,774 Direct 457.00 $83,157 $38,002,669 $1,126,141 $24,371,189 $63,500,000 Indirect' 26.41 $92,997 $2,456,045 $1,706,645 $2,955,264 $7,117,954 Induced' 71.68 $68,238 $4,890,932 $4,096,236 $5,054,652 $14,041,820 Grand Total - Countyl 653.17 1 $80,678 1 $52,696,624 $12,731,902 $40,391,022 $105,819,548 Grand Total - Cityl 555.09 1 $81,699 1 $45,349,646 $6,929,022 $32,381,106 $84,659,774 ' Assumes 50% of County's indirect/induced impacts will be created within the City. City Council Page 2 of ?8 — 584 8/6/2024 www.FinanceDTA.com VON KARMAN AVENUE, SMITE 220 IRVINE, CA 92612 Development Economics Clean Energy Bonds Exhibit 9 - Community Meeting Documents The project was subject to the City's Sunshine Ordinance (Ordinance No. NS-3040) requiring two community meetings to facilitate early public participation. The first community meeting was held on September 27, 2023, and the second meeting was held on January 10, 2024. All materials from the two required community meetings were published, and can be found on the project's webpage on the City's website: httos://www.santa-ana.org/south-coast-technology-center-3100-3110-3120-west-lake-center- d rive City Council 28 — 586 8/6/2024 ORANGE COUNTY REPORTER -SINCE 1921- Mailing Address: 600 W SANTA ANA BLVD STE 812, SANTA ANA, CA 92701 Telephone (714) 543-2027 / Fax (714) 542-6841 Visit us @ www.LegalAdstore.com NUVIA OCAMPO CITY OF SANTA ANA/PLANNING & BUILDING AGENCY 20 CIVIC CENTER PLAZA 2ND FLR SANTA ANA, CA 92702 COPY OF NOTICE Notice Type: GPN GOVT PUBLIC NOTICE Ad Description 3100 W Lake Center Dr. To the right is a copy of the notice you sent to us for publication in the ORANGE COUNTY REPORTER. Thank you for using our newspaper. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): 06/28/2024 The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. Publication $136.95 Total $136.95 Daily Journal Corporation Serving your legal advertising needs throughout California ORANGE COUNTY REPORTER, SANTA ANA (714) 543-2027 BUSINESS JOURNAL, RIVERSIDE (951) 784-0111 DAILY COMMERCE, LOS ANGELES (213) 229-5300 LOS ANGELES DAILY JOURNAL, LOS ANGELES (213) 229-5300 SAN FRANCISCO DAILY JOURNAL, SAN FRANCISCO (800) 640-4829 SAN JOSE POST -RECORD, SAN JOSE (408) 287-4866 THE DAILY RECORDER, SACRAMENTO (916) 444-2355 THE DAILY TRANSCRIPT, SAN DIEGO (619) 232-3486 THE INTER -CITY EXPRESS, OAKLAND (510) 272-4747 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINI OR# 3826732 NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision - making process. We encourage you to contact us prior to the Public Hearing if you have any questions. Plannino Commission Action: The Planning Commission voll hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Proiect Location: 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) located within the Specific Development No. 58 (SD-58) Proiect Applicant: Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Proiect: Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024-01 modifying Specific Development No. 58 (SD-58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development ("South Coast Technology Center"). The subject site is comprised of several parcels, including Assessor's Parcel Nos. (APNs) 414-272- 09, 414-272-10, and 414-261-01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be filed for this project. Meetino Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person orjoin via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning- and-bu ild i ng-meeti ng-partici pation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e-mail to PBAeComments@santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https://santa- ana.primegov.com/public/portal. Who To Contact For Questions: Should you have any project questions, please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or by email at HJacinto@santa- ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. N6ucanlienlac bangtiengVidt, xin di e n tho a i cho Tony Lai s o (714) 565-2627. 6/28/24 OR-3826732# CITY OF SANTA ANA Planning and Building Agency 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org/pba NOTICE OF PUBLIC HEARING BEFORE THE SANTA ANA PLANNING COMMISSION The City of Santa Ana encourages the public to participate in the decision -making process. This notice is being sent to those who live or own property within 1000 feet of the project site or who have expressed an interest in the proposed action. We encourage you to contact us prior to the Public Hearing if you have any questions. Planning Commission Action: The Planning Commission will hold a Public Hearing to receive public testimony, and will take action on the item described below. Decision on this matter will be final unless appealed pursuant to Article V of Chapter 41 of the Santa Ana Municipal Code within 10 calendar days of the decision by any interested party or group. Project Location: 3100, 3110, 3120, 3130, and 3400 West Lake Center Drive (collectively referred to as 3100 W. Lake Center Drive) located within the Specific Development No. 58 (SD- 58) Project Applicant: Jeffrey Reese representing C.J. Segerstrom & Sons (Applicant) Proposed Project: Applicant is requesting approval of Zoning Ordinance Amendment (ZOA) No. 2024- 01 modifying Specific Development No. 58 (SD-58) to establish permitted and conditionally permitted light industrial land uses, accompanying development standards, as well as additional zoning text updates, in order to facilitate the construction of three industrial buildings, approximately 112,230 square feet, 121,645 square feet, and 79,369 square feet in size, for a new industrial park development ("South Coast Technology Center'). The subject site is comprised of several parcels, including Assessor's Parcel Nos. (APNs) 414- 272-09, 414-272-10, and 414-261-01. Environmental Impact: Pursuant to the California Environmental Quality Act (CEQA), the project is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines (Projects Consistent with a Community Plan or Zoning). Environmental Review No. 2023-109 will be filed for this project. Meeting Details: This matter will be heard on Monday, July 8, 2024, at 5:30 p.m. in the City Council Chambers, 22 Civic Center Plaza, Santa Ana, CA 92701. Members of the public may attend this meeting in person or join via Zoom. For the most up-to-date information on how to participate virtually in this meeting, please visit https://www.santa-ana.org/planning-and-building-meeting-participation/. Written Comments: If you are unable to participate in the meeting, you may send written comments by e- mail to PBAeCommentsa-santa-ana.org (reference the Agenda Item # in the subject line) or by mail to Nuvia Ocampo, Recording Secretary, City of Santa Ana, 20 Civic Center Plaza — M20, Santa Ana, CA 92701. Deadline to submit written comments is 3:30 p.m. on the day of the meeting. Comments received after the deadline may not be distributed to the Commission but will be made part of the record. Where To Get More Information: Additional details regarding the proposed action(s), including the full text of the discretionary item, may be found on the City website 72 hours prior to the public hearing at https:Hsanta-ana.primegov.com/public/portal. City Council 28 — 588 8/6/2024 Who To Contact For Questions: Should you have any project questions, please contact case planner Heidi Jacinto with the Planning Division by phone at (714) 667-2725 or by email at HJacintoa-santa-ana.org. Note: If you challenge the decision on the above matter, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission or City Council of the City of Santa Ana at, or prior to, the public hearing. Si tiene preguntas en espanol, favor de Ilamar a Nuvia Ocampo (714) 667-2732. Neu can lien lac bang tieng Viet, An dien thoai cho Tony Lai so (714) 565-2627. 1000' RADIUS NOTIFICATION MAP 100 West Labe Center Dive Cit a � uncil 1 3uvu oy_ rL_ L"iut�r ' 8/6/2024 F F For W-wo- ION,NO r DRAFT Minutes of the Special Meeting of the Housing Authority Santa Ana, California July 16, 2024 CALL TO ORDER MINUTES: Chair Amezcua called the Special Housing Authority Meeting to order at 7.42 P.M. ATTENDANCE Authority Members Phil Bacerra Johnathan Ryan Hernandez Jessie Lopez David Penaloza Benjamin Vazquez Vice Chair Thai Viet Phan Chair Valerie Amezcua Acting City Manager City Attorney Recording Secretary ROLL CALL Alvaro Nunez Sonia R. Carvalho Jennifer L. Hall MINUTES: Secretary Jennifer L. Hall conducted Roll Call. Chair Amezcua, Vice Chair Phan, and Authority Members Bacerra, Hernandez, Lopez, Penaloza, and Vazquez were present. ADDITIONSIDELETIONS TO THE HOUSING AUTHORITY AGENDA MINUTES: None. HOUSING AUTHORITY July 16, 2024 City Council 2-1 8/6/2024 PUBLIC COMMENTS — Members of the public may address Housing Authority on items on the Housing Authority agenda. MINUTES: No verbal public comments were received regarding the Housing Authority agenda. Secretary Jennifer L. Hall reported that one (1) email comment was received regarding Agenda Item No. 3. CONSENT CALENDAR RECOMMENDED ACTION: Approve staff recommendations on the following Consent Calendar Items: 1 through 3. MINUTES: At 7.43 P.M., the Consent Calendar was considered. MOTION: Authority Member Lopez moved to approve staff recommendations on the following Consent Calendar Items: 1 through 3, seconded by Authority Member Hernandez. The motion carried, 7-0, by the following roll call vote: AYES: AUTHORITY MEMBER BACERRA, AUTHORITY MEMBER HERNANDEZ, AUTHORITY MEMBER LOPEZ, AUTHORITY MEMBER PENALOZA, AUTHORITY MEMBER VAZQUEZ, VICE CHAIR PHAN, CHAIR AMEZCUA NOES: NONE ABSTAIN: NONE ABSENT: NONE Status: 7 — 0 - Pass 1. Excused Absences Department(s): City Clerk's Office Recommended Action: Excuse the absent members. 2. Minutes from the Regular Meeting of June 4, 2024 Department(s): City Clerk's Office Recommended Action: Approve minutes. HOUSING AUTHORITY 2 July 16, 2024 City Council 2-2 8/6/2024 3. Amended and Restated Regulatory Agreement for the Rehabilitation of Garden Court Apartments Located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 Department(s): Community Development Agency Recommended Action: 1. Authorize the Executive Director to consent to the termination of the Original Agreement in order for the Acting City Manager to execute the Amended and Restated Agreement Containing Affordable Housing Covenants with Orange Housing Development Corporation for the rehabilitation of Garden Court Apartments located at 300 East Santa Ana Boulevard, Santa Ana, CA 92701 (APN 398-323-08). (Contingent upon approval of City Council Item # 27) (Agreement No. A-2024-106). 2. Approve the Relocation Plan and authorize the Acting City Manager to approve amendments to the Relocation Plan prior to commencement of the rehabilitation of Garden Court Apartments, substantially in the draft form attached hereto, subject to changes consistent with the project approved by the City Manager and City Attorney. **END OF CONSENT CALENDAR** HOUSING AUTHORITY MEMBER COMMENTS MINUTES: None. ADJOURNMENT —Adjourn the Housing Authority meeting. MINUTES: Chair Amezcua adjourned the Special Housing Authority Meeting at 7.44 P.M. Respectfully submitted: Jennifer L. Hall, CIVIC Secretary HOUSING AUTHORITY 3 July 16, 2024 City Council 2-3 8/6/2024 Community Development Agency www.santa-ana.org/community-development Item # 3 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report August 6, 2024 TOPIC: Housing Choice Voucher Administrative Plan AGENDA TITLE Approve an Update to the Housing Choice Voucher Administrative Plan to Create a Preference for Foster Youth to Independence Voucher Holders RECOMMENDED ACTION Approve an update to Chapter 4-III.C. of the Housing Choice Voucher Administrative Plan to create a preference for Foster Youth to Independence voucher holders. GOVERNMENT CODE §84308 APPLIES: No DISCUSSION The U.S. Department of Housing and Urban Development (HUD) requires housing authorities that administer a Housing Choice Voucher (HCV) program to have an HCV Administrative Plan. The purpose of the HCV Administrative Plan is to establish policies for implementing the HCV program in a manner consistent with HUD requirements and local goals and objectives contained in Santa Ana Housing Authority's (SAHA's) 5-Year and Annual Plans. The HCV Administrative Plan defines SAHA's local policies for the operation of the HCV program in compliance with federal laws and regulations. The HCV Administrative Plan also informs the public and staff about the housing authority policies and explains how SAHA will implement those policies. All issues related to the HCV program that are not addressed in the HCV Administrative Plan are governed by federal regulations, HUD handbooks and guidebooks, notices, and other applicable law. The HCV Administrative Plan was last updated and approved by the City Council on December 1, 2020. Staff is now recommending an update to Chapter 4 of the HCV Administrative Plan to prevent the termination of our Foster Youth to Independence voucher holders now and in the future. The Housing Authority currently administers 115 Foster Youth to Independence (FYI) vouchers for transitional -aged at -risk youth leaving the foster care system who are homeless or at risk of homelessness. The initiative makes HCV assistance available to Public Housing Agencies (PHAs) in partnership with Public Child Welfare Agencies (PCWAs). Under the FYI program, PHAs provide housing assistance on behalf of youth at least 18 years and not more than 24 years of age (have not reached their 25tn birthday) who left foster care, or will leave foster care within 90 days, in accordance with City Council 3-1 8/6/2024 Housing Choice Voucher Administrative Plan August 6, 2024 Page 2 a transition plan described in Section 475(5)(H) of the Social Security Act, and are homeless or are at risk of becoming homeless at age 16 or older. Through effective partnerships with the United Way of Orange County, Orange County Social Services Agency (e.g. our local PCWA), and Orangewood Foundation, the Santa Ana Housing Authority has one of the highest FYI voucher utilization rates in southern California, successfully housing and providing supportive services for this at -risk target population in our community. Recently, staff became aware that the Housing Authority was out of compliance with the federal regulations for 15 of our FYI voucher holders. Staff immediately brought this to the attention of HUD to request approval to continue assisting these 15 FYI voucher holders for the additional time staff assumed was remaining under a 24-month extension. Specifically, HUD Notice Public and Indian Housing 2023-4 states, "As required by statute, an FYI voucher may only be used to provide housing assistance for youth for a maximum of 36 months. However, youth who first lease a unit with an FYI voucher after the date of enactment of the Fostering Stable Housing Opportunities (FSHO) amendments may receive an extension of the 36-month time limit of assistance for up to an additional 24 months if they meet the requirements of FSHO. FSHO applies to eligible youth who first leased or leases a unit after the date of enactment of FSHO, December 27, 2020, which includes youth who will be assisted with funding under this Notice." FSHO provides a 24-month extension of voucher assistance for FYI voucher holders who are participating in a Family Self -Sufficiency (FSS) program. It is staff's position that the information on this 24-month extension opportunity was not properly communicated to the Housing Authority or other PHAs. Specifically, it was not communicated transparently and effectively that the 24-month extension only applied to FYI voucher holders who leased up after December 27, 2020. When the Housing Authority first learned about the 24-month extension opportunity, staff encouraged and registered our first cohort of FYI vouchers that leased up prior to December 27, 2020 to join our FSS Program. These 15 FYI voucher holders are now active in our FSS Program and still receive assistance as FYI voucher holders. Unfortunately, based upon recent guidance staff received from HUD, these 15 FYI voucher holders are not eligible for continued assistance due to the December 27, 2020 statutory deadline. Therefore, in order to comply with this statutory requirement and to prevent the termination of these 15 FYI voucher holders now and other FYI voucher holders in the future, staff is recommending approval of an update to Chapter 4-III.C. of the HCV Administrative Plan to include a preference to assist FYI voucher holders who reach the deadline on their assistance. This update will create a preference in our regular HCV program for FYI voucher holders whose assistance is expiring. Administratively, the preference will allow the Housing Authority to transfer the expiring FYI voucher holder to a regular Housing Choice Voucher (HCV) and absorb the FYI voucher into the larger HCV Program. This will ensure that FYI voucher holders assisted by SAHA do not lose their assistance after 3 to 5 years due to the statutory timelines required by the FYI City Council 3-2 8/6/2024 Housing Choice Voucher Administrative Plan August 6, 2024 Page 3 program. A timeline of 3 to 5 years is not enough time for a former foster youth to obtain self-sufficiency from the Housing Authority's rental assistance. This preference will support the 15 FYI voucher holders who leased up prior to Decemebr 27, 2020 by transferring their voucher to our regular HCV Program. It will also support all of our other FYI voucher holders who reach the 5 year deadline for their assistance in the future. The update to Chapter 4 is attached in track changes as Exhibit 1. If the City Council does not approve this update to our HCV Administrative Plan, the Housing Authority will need to terminate our assistance for the 15 FYI voucher holders who leased up before December 27, 2020. The 15 FYI voucher holders wil be given 60 days notice and informed of the statutory requirement that limits their assistance to no more than three years. At different points in time in the future, the Housing Authority will also need to terminate the assistance for other FYI voucher holders who reach their five-year deadline for assistance from the FYI program. FISCAL IMPACT There is no fiscal impact associated with this action. EXHIBIT(S) 1. Update to HCV Administrative Plan Chapter 4 Submitted By: Michael L. Garcia, Executive Director of Community Development Approved By: Alvaro Nunez, Acting City Manager City Council 3-3 8/6/2024 Chapter 4 APPLICATIONS, WAITING LIST AND TENANT SELECTION INTRODUCTION When a family wishes to receive assistance under the HCV program, the family must submit an application that provides SAHA with the information needed to determine the family's eligibility. HUD requires SAHA to place all families that apply for assistance on a Waiting List. When HCV assistance becomes available, SAHA must select families from the Waiting List in accordance with HUD requirements and SAHA policies as stated in the administrative plan and the annual plan. SAHA is required to adopt clear policies and procedures for accepting applications, placing families on the Waiting List, and selecting families from the Waiting List, and must follow these policies and procedures consistently. The actual order in which families are selected from the Waiting List can be affected if a family has certain characteristics designated by HUD or SAHA that justify their selection. Examples of this are the selection of families for income targeting and the selection of families that qualify for targeted funding. HUD regulations require that all families have an equal opportunity to apply for and receive housing assistance, and that SAHA affirmatively further fair housing goals in the administration of the program [24 CFR 982.53, HCV GB p. 4-1]. Adherence to the selection policies described in this chapter ensures that SAHA will be in compliance with all relevant fair housing requirements, as described in Chapter 2. This chapter describes HUD and SAHA policies for taking applications, managing the Waiting List and selecting families for HCV assistance. The policies outlined in this chapter are organized into three sections, as follows: Part I: The Application Process. This part provides an overview of the application process, and discusses how applicants can obtain and submit applications. It also specifies how SAHA will handle the applications it receives. Part IL Managing the Waiting List. This part presents the policies that govern how SAHA's Waiting List is structured, when it is opened and closed, and how the public is notified of the opportunity to apply for assistance. It also discusses the process SAHA will use to keep the Waiting List current. Part III: Selection for HCV Assistance. This part describes the policies that guide SAHA in selecting families for HCV assistance as such assistance becomes available. It also specifies how in -person interviews will be used to ensure that SAHA has the information needed to make a final eligibility determination. CouncilCity i • PART I: THE APPLICATION PROCESS 4-LA. OVERVIEW This part describes SAHA policies for making applications available, accepting applications making preliminary determinations of eligibility, and the placement of applicants on the Waiting List. This part also describes SAHA's obligation to ensure the accessibility of the application process to elderly persons, people with disabilities, and people with limited English proficiency (LEP). 4-LB. APPLYING FOR ASSISTANCE [HCV GB, pp. 4-11— 4-16, Notice PIH 2O09-361 Any family that wishes to receive HCV assistance must apply for admission to the program. HUD permits SAHA to determine the format and content of HCV applications, as well how such applications will be made available to interested families and how applications will be accepted by SAHA. SAHA must include Form HUD-92006, Supplement to Application for Federally Assisted Housing, as part of SAHA's application. SAHA Policy During application intake SAHA will initially require families to provide only the information needed to make an initial assessment of the family's eligibility, and to determine the family's placement on the Waiting List. The family will be required to provide all of the information necessary to establish family eligibility and level of assistance at the eligibility interview. During application intake, applications will only be available online. Staff will be available to assist with online applications after receiving a request for reasonable accommodation. Completed applications must be submitted online. Applications must be completed in order to be accepted by SAHA for processing. Incomplete or duplicate applications will be rejected without further notification. 4-I.C. ACCESSIBILITY OF THE APPLICATION PROCESS Elderly and Disabled Populations [24 CFR 8 and HCV GB, pp. 4-11 — 4-13] SAHA must take steps to ensure that the application process is accessible to those people who might have difficulty complying with the normal, standard SAHA application process. This could include people with disabilities, certain elderly individuals, as well as persons with limited English proficiency (LEP). SAHA must provide reasonable accommodation to the needs of individuals with disabilities. The application -taking facility and the application process must be fully accessible, or SAHA must provide an alternate approach that provides full access to the application process. Chapter 2 provides a full discussion of SAHA's policies related to providing reasonable accommodations for people with disabilities. CouncilCity i • Limited English Proficiency PHAs are required to take reasonable steps to ensure equal access to their programs and activities by persons with limited English proficiency [24 CFR 1]. Chapter 2 provides a full discussion on SAHA's policies related to ensuring access to people with limited English proficiency (LEP). 4-I.D. PLACEMENT ON THE WAITING LIST SAHA must review each complete application received and make a preliminary assessment of the family's eligibility. SAHA must accept applications from families for whom the list is open unless there is good cause for not accepting the application (such as denial of assistance) for the grounds stated in the regulations [24 CFR 982206(b)(2)]. Where the family is determined to be ineligible, SAHA must notify the family in writing [24 CFR 982.201(f)]. Where the family is not determined to be ineligible, the family will be placed on a Waiting List of applicants. No applicant has a right or entitlement to be listed on the Waiting List, or to any particular position on the Waiting List [24 CFR 982202(c)]. Ineligible for Placement on the Waiting List SAHA Policy If SAHA can determine from the information provided that a family is ineligible, the family will not be placed on the Waiting List. Where a family is determined to be ineligible, SAHA will send written notification of the ineligibility determination. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review and explain the process for doing so (see Chapter 16). Eligible for Placement on the Waiting List SAHA Policy SAHA will send written notification of the preliminary eligibility and placement on the Waiting List. Placement on the Waiting List does not indicate that the family is, in fact, eligible for assistance. A final determination of eligibility will be made when the family is selected from the Waiting List. Applicants will be placed on the Waiting List according to any preference(s) for which they claimed. SAHA has the option of limiting the number of applications accepted and/or performing a lottery in preference categories. CouncilCity :. PART IL• MANAGING THE WAITING LIST 4-ILA. OVERVIEW SAHA must have policies regarding various aspects of organizing and managing the Waiting List of applicant families. This includes opening the list to new applicants, closing the list to new applicants, notifying the public of Waiting List openings and closings, updating Waiting List information, purging the list of families that are no longer interested in or eligible for assistance, as well as conducting outreach to ensure a sufficient number of applicants. In addition, HUD imposes requirements on how a PHA may structure its Waiting List and how families must be treated if they apply for assistance from a PHA that administers more than one assisted housing program. 4-ILB. ORGANIZATION OF THE WAITING LIST [24 CFR 982.204 and 2051 SAHA's HCV Waiting List must be organized in such a manner to allow SAHA to accurately identify and select families for assistance in the proper order, according to the admissions policies described in this plan. The Waiting List must contain the following information for each applicant listed: • Applicant name; • Family unit size; • Date and time of application; • Qualification for any local preference; • Racial or ethnic designation of the head of household. HUD requires SAHA to maintain a single Waiting List for the HCV program unless it serves more than one county or municipality. Such PHAs are permitted, but not required, to maintain a separate Waiting List for each county or municipality served. SAHA Policy SAHA maintains a single Waiting List for the HCV program. However a separate Waiting List may be established for project based vouchers that are designated for a specific target population or a site. HUD directs that a family that applies for assistance from the HCV program must be offered the opportunity to be placed on the Waiting List for any public housing, project -based voucher or moderate rehabilitation program SAHA operates if 1) the other programs' Waiting Lists are open, and 2) the family is qualified for the other programs. HUD permits, but does not require, that PHAs maintain a single merged Waiting List for their public housing, Section 8, and other subsidized housing programs. A family's decision to apply for, receive, or refuse other housing assistance must not affect the family's placement on the HCV Waiting List, or any preferences for which the family may qualify. CouncilCity :. � SAHA Policy SAHA will not merge the HCV Waiting List with the waiting list for any other program they operate. 4-ILC. OPENING AND CLOSING THE WAITING LIST [24 CFR 982.206] Closing the Waiting List A PHA is permitted to close the Waiting List if it has an adequate pool of families to use its available HCV assistance. Alternatively, SAHA may elect to continue to accept applications only from certain categories of families that meet particular preferences or funding criteria. SAHA Policy SAHA may close the Waiting List when the estimated waiting period for housing assistance for applicants on the list exceeds 24 months or may open for a limited timeframe. Where SAHA has particular preferences or funding criteria that require a specific category of family, SAHA may elect to continue to accept applications from these applicants while closing the Waiting List to others. SAHA may determine after reviewing the community need and available funding that it may be beneficial for the Waiting List to remain open indefinitely or for the Waiting List to remain open for special purpose vouchers or specific preferences. Reopening the Waiting List If the Waiting List has been closed, it cannot be reopened until SAHA publishes a notice in local newspapers of general circulation, minority media, and other suitable media outlets. The notice must comply with HUD fair housing requirements and must specify who may apply, and where and when applications will be received. SAHA Policy SAHA will announce the reopening of the Waiting List through a public notice prior to the date applications will first be accepted. If the list is only being reopened for certain categories of families, this information will be contained in the notice. SAHA will give public notice by publishing the relevant information in suitable media outlets including, but not limited to: The Orange County Register, Miniondas, La Opinion, Unidos, and Nguoi Viet newspaper. Other publications may be used if it is determined that it would be beneficial in reaching specific populations. CouncilCity :. 4-ILD. FAMILY OUTREACH [HCV GB, pp. 4-2 to 4-41 SAHA must conduct outreach as necessary to ensure that SAHA has a sufficient number of applicants on the Waiting List to use the HCV resources it has been allotted. Because HUD requires SAHA to admit a specified percentage of extremely low-income families to the program (see Chapter 4, Part III), SAHA may need to conduct special outreach to ensure that an adequate number of such families apply for assistance [HCV GB, p. 4-20 to 4-21]. SAHA outreach efforts must comply with fair housing requirements. This includes: • Analyzing the housing market area and the populations currently being served to identify underserved populations • Ensuring that outreach efforts are targeted to media outlets that reach eligible populations that are underrepresented in the program • Avoiding outreach efforts that prefer or exclude people who are members of a protected class SAHA outreach efforts must be designed to inform qualified families about the availability of assistance under the program. These efforts may include, as needed, any of the following activities: • Submitting press releases to local newspapers, including minority newspapers • Developing informational materials and flyers to distribute to other agencies • Providing application forms to other public and private agencies that serve the low income population • Developing partnerships with other organizations that serve similar populations, including agencies that provide services for persons with disabilities SAHA Policy SAHA will monitor the characteristics of the population being served and the characteristics of the population as a whole in SAHA's jurisdiction. Targeted outreach efforts will be undertaken if a comparison suggests that certain populations are being underserved. 4-II.E. REPORTING CHANGES IN FAMILY CIRCUMSTANCES SAHA Policy While the family is on the Waiting List, the family must immediately inform SAHA of changes in mailing address and number of family members. The changes must be submitted online. Any requests to add additional family members to the application must be received prior to SAHA mailing an invitation for an orientation or the eligibility interview. The final approval will be determined at the eligibility interview. Failure to report address changes online that result in mail being returned will be cause for removal from the Waiting List. CouncilCity :. 4-ILF. UPDATING THE WAITING LIST [24 CFR 982.2041 HUD requires SAHA to establish policies to use when removing applicant names from the Waiting List. Purging the Waiting List The decision to withdraw an applicant family that includes a person with disabilities from the Waiting List is subject to reasonable accommodation. If the applicant did not respond to a PHA request for information or updates, and SAHA determines that the family did not respond because of the family member's disability, SAHA must reinstate the applicant family to their former position on the Waiting List [24 CFR 982.204(c)(2)]. SAHA Policy The Waiting List will be purged as necessary to ensure that all applicants and applicant information is current and timely. To purge the Waiting List, SAHA will send an update request via first class mail to each family on the Waiting List to determine whether the family continues to be interested in, and to qualify for, the program. This update request will be sent to the last address that SAHA has on record for the family from the family's online application. The update request will provide a deadline by which the family must respond and will state that failure to respond will result in the applicant's name being removed from the Waiting List. The family's response must be in writing and may be delivered in person, by mail, or by fax. Responses should be postmarked or received by SAHA no later than the date specified on the SAHA letter. If the family fails to respond within the specified date on SAHA's letter, the family will be removed from the Waiting List without further notice. If the notice is returned by the post office with no forwarding address, the applicant will be removed from the Waiting List without further notice. If the notice is returned by the post office with a forwarding address and the applicant has not notified SAHA of the address change, the applicant will be removed from the Waiting List without further notice. If a family is removed from the Waiting List within the last twelve months for failure to respond, SAHA may reinstate the family if it determines the lack of response was due to SAHA error, or to circumstances beyond the family's control. Removal from the Waiting List SAHA Policy If at any time an applicant family is on the Waiting List, SAHA determines that the family is not eligible for assistance (see Chapter 3), the family will be removed from the Waiting List. If a family is removed from the Waiting List because SAHA has determined the family is not eligible for assistance, a notice will be sent to the family's address of record provided on the initial application. e-. The notice will state the reasons the family was removed from the Waiting List and will inform the family how to request an informal review regarding SAHA's decision (see Chapter 16) [24 CFR 982.201(f)]. CouncilCity :. PART III: SELECTION FOR HCV ASSISTANCE 4-IILA. OVERVIEW As vouchers become available, families on the Waiting List must be selected for assistance in accordance with the policies described in this part. The order in which families are selected from the Waiting List depends on the selection method chosen by SAHA and is impacted in part by any selection preferences for which the family qualifies. The availability of targeted funding also may affect the order in which families are selected from the Waiting List. SAHA must maintain a clear record of all information required to verify that the family is selected from the Waiting List according to SAHA's selection policies [24 CFR 982.204(b) and 982.207(e)]. 4-IILB. SELECTION AND HCV FUNDING SOURCES Special Admissions [24 CFR 982.2031 HUD may award funding for specifically -named families living in specified types of units (e.g., a family that is displaced by demolition of public housing; a non -purchasing family residing in a HOPE I or 2 projects). In these cases, SAHA may admit such families whether or not they are on the Waiting List, and, if they are on the Waiting List, without considering the family's position on the Waiting List. These families are considered non -Waiting List selections. SAHA must maintain records showing that such families were admitted with special program funding. Targeted Funding [24 CFR 982.204(e)] HUD may award a PHA funding for a specified category of families on the Waiting List. SAHA must use this funding only to assist the families within the specified category. In order to assist families within a targeted funding category, SAHA may skip families that do not qualify within the targeted funding category. Within this category of families, the order in which such families are assisted is determined according to the policies provided in Section 4-III.C. SAHA Policy SAHA administers Non -Elderly Disabled vouchers (NED). Regular HCV Funding Regular HCV funding may be used to assist any eligible family on the Waiting List. Families are selected from the Waiting List according to the policies provided in Section 4-III.C. CouncilCity :. 4-III.C. SELECTION METHOD PHAs must describe the method for selecting applicant families from the Waiting List, including the system of admission preferences that SAHA will use [24 CFR 982.202(d)]. Local Preferences [24 CFR 982.207; HCV p. 4-161 PHAs are permitted to establish local preferences, and to give priority to serving families that meet those criteria. HUD specifically authorizes and places restrictions on certain types of local preferences. HUD also permits SAHA to establish other local preferences, at its discretion. Any local preferences established must be consistent with SAHA plan and the consolidated plan, and must be based on local housing needs and priorities that can be documented by generally accepted data sources. SAHA Policy Local preferences will be numerically ranked, with number 1 being the highest preference, in the following order: United States Military Veteran Preference: United States military veterans or surviving spouses and dependent children of a United States military veteran, or active military personnel, their spouse and their dependent children who live or work in the City of Santa Ana at the time of application. The veteran must have been discharged under conditions other than dishonorable and were/is eligible to receive veteran's benefits. Form DD-214 with a discharge status of other than dishonorable, or equivalent verification, must be provided at their eligibility interview appointment. The individual must have served a minimum of 90 days to qualify for the preference. "Surviving spouse" means not divorced from, or not remarried prior to or after the death of the veteran. A marriage and death certificate will be required for a surviving spouse. 2. Residency Preference: Residency preference for families who live or work in the City of Santa Ana at the time of application. At least two pieces of evidence must be provided for families who live or work in the City of Santa Ana including but not limited to a lease, utility bills, bank statements, or paycheck stubs. Additionally, SAHA will offer priority to any family that has been terminated from its HCV program due to insufficient program funding. Homeless Individuals and Families Set Aside Preference In accordance with PIH Notice 2013-15, SAHA will accept direct referrals to the HCV Program for the following target population: • Homeless Individuals and Families: The number of homeless individuals and families who can qualify for this preference and successfully lease a unit with their voucher will be limited to 50% of the total number of vouchers that become CouncilCity :. available through annual turnover in the previous calendar year. To qualify for this preference, homeless individuals and families must be referred by agencies with a contract or Memorandum of Understanding (MOU) in place with the Housing Authority, or by Community Based Organizations (CBO's) contracted with the Housing Authority. The referring agency must provide a certification of the family's homeless status. Additionally, families already registered on the Waiting List who declare themselves as homeless, but are not referred by a CBO must provide a certification of their homeless status from an agency that has an MOU in place with the Housing Authority. This set -aside preference has been documented by SAHA using generally accepted data sources. The term, "residence," includes homeless shelters and other dwelling places where homeless people may be living, sleeping or receiving services in the City of Santa Ana. Therefore, homeless individuals and families who qualify for this preference will qualify as residents. Foster Youth to Independence Vouchers (FYI) The waiting list for FYI vouchers is continually open for referrals from Orange County Social Services Agency as long as there are FYI vouchers available. PHAs may choose to create a preference in their regular HCV program for persons whose FYI assistance is expiring and will lack adequate housing g as a result of their termination from the program, or other similar category. As required by statute, an FYI voucher may only be used to provide housing assistance for youth for a maximum of 36 months. However, youth who first lease a unit with an FYI voucher after the date of enactment of the Fostering Stable Housing Opportunities (FSHO) amendments may receive an extension of the 36- month time limit of assistance for up to an additional 24 months if they meet the requirements of FSHO. FSHO applies to eligible youth who first leased or leases a unit after the date of enactment of FSHO, December 27, 2020, which includes youth who will be assisted with funding under this Notice. See HUD's FSHO implementation notice published in the Federal Register on January 24, 2022 (87 FR 3570). SAHA will provide a selection preference for FYI voucher holders who are terminated due to the time limit on assistance in accordance with this bolicv. All preferences must be applicable and verifiable at the time of selection from the Waiting List. Income Targeting Requirement [24 CFR 982.201(b)(2)] HUD requires that extremely low-income (ELI) families make up at least 75 percent of the families admitted to the HCV program during SAHA's fiscal year. ELI families are those with annual incomes at or below the federal poverty level or 30 percent of the area median income, whichever number is higher. To ensure this requirement is met, a PHA may skip non-ELI families on the Waiting List in order to select an ELI family. Low-income families admitted to the program that are "continuously assisted" under the 1937 Housing Act [24 CFR 982.4(b)], as well as low-income or moderate -income families admitted to CouncilCity :. the program that are displaced as a result of the prepayment of the mortgage or voluntary termination of an insurance contract on eligible low-income housing, are not counted for income targeting purposes [24 CFR 982.201(b)(2)(v)]. SAHA Policy SAHA will monitor progress in meeting the income targeting requirement throughout the fiscal year. Extremely low-income families will be selected ahead of other eligible families on an as -needed basis to ensure the income targeting requirement is met. Order of Selection SAHA system of preferences may select families based on local preferences according to the date and time of application or by a random selection process (lottery) [24 CFR 982207(c)]. If a PHA does not have enough funding to assist the family at the top of the Waiting List, it is not permitted to skip down the Waiting List to a family that it can afford to subsidize when there are not sufficient funds to subsidize the family at the top of the Waiting List [24 CFR 982.204(d) and (e)]. SAHA Policy Families will be selected from the Waiting List based on the local preference(s) for which they qualify, and in accordance with SAHA's hierarchy of preferences. Within each preference category, families will be selected by assigned lottery number (score), if lottery was performed when placed on the Waiting List. Documentation will be maintained by SAHA as to whether families on the list qualify for and are interested in targeted funding. If a higher placed family on the Waiting List is not qualified or not interested in targeted funding, there will be a notation maintained so that SAHA does not have to ask higher placed families each time targeted selections are made. 4-III.D. NOTIFICATION OF SELECTION When a family has been selected from the Waiting List, SAHA must notify the family [24 CFR 982.554(a)]. SAHA Policy SAHA will notify the family by first class mail when it is selected from the Waiting List. The notice will inform the family of the following: ■ Date, time, and location of the scheduled orientation or application interview, including any procedures for rescheduling the interview. ■ Who is required to attend the interview. ■ Documents that must be provided at the interview, including information about what constitutes acceptable documentation. ■ Other documents and information that should be brought to the interview. If a notification letter is returned to SAHA with or without a forwarding address from the US Postal Service, the family will be removed from the Waiting List. City • :. � 4-III.E. THE APPLICATION INTERVIEW HUD recommends that SAHA obtain the information and documentation needed to make an eligibility determination though a face-to-face interview with a PHA representative [HCV GB, pg. 4-16]. Being invited to attend an interview does not constitute admission to the program. Assistance cannot be provided to the family until all SSN documentation requirements are met. However, if SAHA determines that an applicant family is otherwise eligible to participate in the program, the family may retain its place on the Waiting List for a period of time determined by SAHA [Notice PIH 2O12-10]. Reasonable accommodation must be made for persons with disabilities who are unable to attend an interview due to their disability. SAHA Policy SAHA may invite applicants to an orientation prior to the family's eligibility appointment. The purpose of the Orientation is to: • Verify that the family meets the preference qualification. This means that the family is being called from the Waiting List in the proper order. If a family is invited to attend an Orientation based on a preference stated on the Waiting List application and the family no longer meets the preference, the family will be removed from the Waiting List. • Provide the family with information on documents and forms they will need to bring to the eligibility interview. • Explain the important features of the Housing Choice Voucher Program. • Schedule an appointment for the family to come back with all the required forms and information. This appointment is a one-on-one meeting with a Housing Specialist referred to as an Eligibility Interview. SAHA offers Orientations in three languages: English, Spanish, and Vietnamese. During the Orientation, SAHA provides several forms and documents for the family to review and/or sign and submit to SAHA. Families selected from the Waiting List are required to participate in an Eligibility interview. The head of household, the spouse/co-head, and all adult household members must attend the interview together. The interview will be conducted only if the head of household or spouse/co-head provides appropriate documentation of legal identity. (Chapter 7 provides a discussion of proper documentation of legal identity). If the applicant does not provide the required documentation, the appointment will be rescheduled for a Second and Final appointment. The family must provide the information necessary to establish the family's eligibility and determine the appropriate level of assistance, as well as complete required forms, provide required signatures, and submit required documentation. If any materials are missing, SAHA will provide the family with a written list of items that must be submitted. CouncilCity :. � Any required documents or information that the family is unable to provide at the interview must be provided within 14 days of the interview (Chapter 7 provides details about longer submission deadlines for particular items, including documentation of Social Security numbers and eligible noncitizen status). If the required documents and information are not provided within the required time frame, the family will be sent a notice of denial (See Chapter 3). An advocate, interpreter, or other assistant may assist the family with the application and the interview process. Interviews may be conducted in English, Spanish or Vietnamese. If the family is unable to attend a scheduled interview, the family must contact SAHA in advance of the interview to schedule a new appointment. In all circumstances, if a family does not attend a second and final scheduled interview, SAHA will send another notification letter removing the family from the Waiting List. The family will have 14 days to request a review if they do not agree with the decision. Applicants who fail to attend a scheduled eligibility interview without SAHA approval will be denied assistance based on the family's failure to supply information needed to determine eligibility. A notice of denial will be issued in accordance with policies contained in Chapter 3. 4-III.F. COMPLETING THE APPLICATION PROCESS SAHA must verify all information provided by the family (see Chapter 7). Based on verified information, SAHA must make a final determination of eligibility (see Chapter 3) and must confirm that the family qualified for any special admission, targeted funding admission, or selection preference that affected the order in which the family was selected from the Waiting List. SAHA Policy If SAHA determines that the family is ineligible, SAHA will send written notification of the ineligibility within 14 days of the determination. The notice will specify the reasons for ineligibility, and will inform the family of its right to request an informal review (Chapter 16). If SAHA determines that the family is eligible to receive assistance, SAHA will invite the family to attend a voucher briefing in accordance with the policies in Chapter 5. CouncilCity :. �