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HomeMy WebLinkAbout FULL PACKET_2012-01-17MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA DECEMBER 19, 2011 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:08 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor (5:21 p.m.) CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:24 P.M.) P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS The following spoke in support of the Vista Del Rio Housing Partners project listed: • Dora Gallo, General Partner of Vista del Rio and representing a Community of Friends, requested additional time to complete some assignments; thanked staff for support. • Paul Carroll, representing Foundation for Affordable Housing, spoke in support of project. • Nancy Quarles, representing Goodwill Industries, requested extension to continue efforts in providing housing to disabled community. • Gregory Mathes, representing Goodwill Industries, opined that project is critical. COUNCIL RECESSED at 5 :25 p.m. to Room 147 for Closed Session discussion. CITY COUNCIL MINUTES 1 0A -1 DECEMBER 19, 2011 CLOSED SESSION ITEMS City Council Items 1A CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION pursuant to Government Code Section 54956.9(a) Ted Lucas vs. City of Santa Ana, WCAB Case Nos. ADJ2856181; ADJ258908; ADJ6912810 Lucas Le vs. City of Santa Ana, WCAB Case No. ADJ6903608 1 B CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) — Two cases. 1C CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) Santa Ana Firemen's Benevolent Association (FBA) Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) CITY COUNCIL MINUTES 2 DECEMBER 19, 2011 G r�7. 1F PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney Community Redevelopment Agency Items 2A CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8. Property: ±2.7 acres of Agency -owned land on the south side of Garden Grove Blvd immediately west of the Santa Ana River -1600 Memory Lane, Santa Ana. Agencv negotiator: Nancy Edwards, Interim Agency Executive Director Party with whom negotiating: VISTA DEL RIO HOUSING PARTNERS, L.P., a California limited partnership Under negotiation: Terms of Transfer of Property CLOSED SESSION REPORT — See Item 19A. for report. ADJOURNED THE CLOSED SESSION MEETING AT 6:22 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 DECEMBER 19, 2011 i NMI REGULAR OPEN SESSION CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:29 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern P. DAVID BENAVIDES CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO PLEDGE OF ALLEGIANCE INVOCATION COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council MAYOR PULIDO Roger Aragon, Police Chaplain SPECIAL INTRODUCTION - Mayor Pulido and Councilmember Sarmiento welcomed and introduced Ms. Vanessa Otero Moreno, Member of the Bolivian Plurinational Legislative Assembly. CLOSED SESSION REPORT — See Item 19A for report. PUBLIC COMMENT • Tixoc Ventura, spoke in support of the Santa Ana Library system and urged the City Council not to close or outsource; provides after school programs. • John Spiak, new Director at the Santa Ana Grand Central Art Center, thanked the Council for approval of item at the previous meeting. • Douglas Deavea, concerned with proposed bike trail along Santiago Creek, natural habitat destroyed. • Dr. Ronald Salem, member of the Safe Alliance of Santiago Creek, concern that trail would be underutilized. CITY COUNCIL MINUTES 4 1 0A -4 DECEMBER 19, 2011 • Charles Martin, commented that there was a movement against proposal on the Bike Trail Master Plan; • Jason Nguyen, spoke in opposition to proposed Bike Trail Master Plan; bird sanctuary; concerned with other environmental issued is bike trail extended to Santiago Creek. • Barbara Russell, concerned with devaluation of property if bike trail extended; clean- up issues; property acquired through eminent domain; erosion and retaining wall; City should consider alternative site. • Phil Schaefer, concerned with environmental and economic impacts of proposed bike trail along Santiago Creek. • Cecily Thornton, concerned with home value if bike trail built, and health and welfare of family members with angst on matter. • Molly Martin, spoke in support of keeping Santiago Creek as is; natural beauty; displaced wildlife. • Debbie McEwen, noted that Sam Romero's comments at pervious City Council meeting mentioned Washington Square, but should have been French Square; also noted traffic plan. o Mayor Pro Tern Alvarez requested notation on Minutes to correct area referenced. • Rick Nidermeyer, noted success of soccer event held on December 3 and 4 at Centennial Park. CONSENT CALENDAR ITEMS MOTION: Approve Consent Calendar Items 10A through 25K with the following modifications: • Councilmember Martinez abstained on 25G (due to a campaign contribution); • Councilmember Sarmiento pulled Item 22B for separate discussion and abstained on Item 25J; and • Mayor Pro Tern Alvarez requested that the Minutes of December 5, 2011 be amended as requested by Ms. McEwen during public comments. MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 5 DECEMBER 19, 2011 1 0A -5 ADMINISTRATIVE MATTERS MINUTES 10A MINUTES OF THE REGULAR MEETING OF DECEMBER 5, 2011 - Clerk of the Council Office MOTION: Approve corrected Minutes. 10B MINUTES OF THE SPECIAL CLOSED SESSION MEETING OF DECEMBER 12, 2011 - Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A COUNCIL COMMITTEE REPORTS - Parks, Recreation & Community Services Agency MOTION: Receive and file Parks, Recreation, Education and Youth Minutes of August 3, 2011. MISCELLANEOUS ADMINISTRATION 19A CLOSED SESSION REPORT — City Attorney's Office MOTION: 1. Approve compromise and release agreements, as follow. Ted Lucas vs. City of Santa Ana, WCAB Case Nos. ADJ2856181; ADJ258908; ADJ6912810, in the amount of $200,000 less $54,200 that have been advanced. Lucas Le vs. City of Santa Ana, WCAB Case No. ADJ6903608, in the amount of $15,000. 2. Approve acquisition of Yum Yum Donuts at 624 N. Bristol St. in the amount of $31,250 (as listed under anticipated litigation). 19B EXCUSED ABSENCES — None CITY COUNCIL MINUTES 6 DECEMBER 19, 2011 iil�l�� 19C CANCELLATION OF JANUARY 3, 2012 CITY COUNCIL, COMMUNITY REDEVELOPMENT AGENCY AND HOUSING AUTHORITY MEETINGS - Clerk of the Council Office MOTION: Direct the Clerk of the Council to post a Notice of Cancellation for the regularly scheduled City Council, Community Redevelopment Agency, and Housing Authority meetings scheduled for January 3, 2012. 19D COMMUNITY REDEVELOPMENT AGENCY ANNUAL REPORT FOR FY 2010 -2011 -Community Development Agency MOTION: Receive and file the Community Redevelopment Agency Annual Report for FY 2010 -2011 consisting of: 1. The Annual Audit Report as prepared by Macias Gini & O'Connell, LLP; 2. The Annual Report of Financial Transactions; 3. Housing and Community Development Report of Housing Activity of Community Redevelopment Agencies; 4. Annual Statement of Indebtedness; and 5. All other information as required pursuant to California Redevelopment Law. BUDGETARY MATTERS APPROPRIATION ADJUSTMENTS 20A APPROPRIATION ADJUSTMENT — ADDITIONAL WORKFORCE INVESTMENT ACT ALLOCATIONS FOR PROGRAM YEAR 2011 -12 - Community Development Agency MOTION: Approve an appropriation adjustment. (Requires five affirmative votes) APPROPRIATION ADJUSTMENT NO. 2012 -100 - Recognizing additional revenues of $111,314 in Title I Adult funds and $92,952 in Title Dislocated Worker funds from the State of California for the 2011 -12 program year allocation. SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES MOTION: Award in accordance with Request for Council Action. (Items 22A, and 22C through 22G) CITY COUNCIL MINUTES 7 1 0A -7 DECEMBER 19, 2011 22A SPEC. NO. 10 -045 - COPPER TUBING CONTRACT RENEWAL — Renew the contract for a one -year period in an amount not to exceed $150,000 with the vendors listed below (Public Works Agency) - Finance & Management Services: Vendor: Ferguson Enterprises S & J Supply Co. Inc. Location: Pomona Santa Fe Springs MOTION: Award a contract to Ben's Asphalt Inc. for a one -year period with provision for three one -year renewals in an amount not to exceed $780,000 annually - (Public Works Agency) MOTION: Tinajero SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 22C SPEC. NO. 11 -062 - DIESEL EMISSION CONTROL SYSTEMS - Award a contract to A & Z Bus Sales in an amount of $72,770 - Finance & Management Services 22D SPEC. NO. 11 -063 - HARDWARE, SUPPLIES AND LUMBER - Award a contract with Home Depot for a three -year period with provision for three one -year renewals, in an annual amount not to exceed $60,000 - Finance & Management Services 22E SPEC. NO. 11 -064 - UNLEADED FUEL AND OIL PRODUCTS - Finance & Management Services 1. Amend the contract with Maxum West dba G.P. Resources for unleaded fuel by $130,000 for a total amount not to exceed $1,220,000. CITY COUNCIL MINUTES g illyx;� DECEMBER 19, 2011 2. Award a contract with Maxum West dba G.P. Resources, Inc. for the purchase of unleaded fuel and oil products for a six -month period in an amount not to exceed $625,000. 22F SPEC. NO. 08 -071 and 11 -071 - LARGE EQUIPMENT PARTS AND SERVICE - Finance & Management Services 1. Amend contract with Haaker Equipment Company for sewer truck rental and repair of damaged street sweeper in an amount not to exceed $48,000. 2. Award a contract to Haaker Equipment Company for large equipment parts and service for a six -month period not to exceed $30,000. 22G SPEC. NO. 08 -075 - LEASED COPIERS AND COPIER MAINTENANCE - Amend contracts for a six -month period in an aggregate amount not to exceed $70,000 to the vendors listed below - Finance & Management Services: Vendor: Location: Canon Business Solutions, Inc. Irvine Ricoh Americas Corporation Irvine AGREEMENTS MOTION: Authorize the City Manager and Clerk of the Council to execute the following agreements, subject to non - substantive changes approved by the City Manager and City Attorney and /or actions as noted on the Request for Council Action report. (Item 25A through 25K) 25A AGMT NO. 2011 -264 - ENVIRONMENTAL SERVICES TO PREPARE A MITIGATED NEGATIVE DECLARATION FOR THE ACADEMY CHARTER HIGH SCHOOL AT 1901 NORTH FAIRVIEW STREET - With ICF International in an amount not to exceed $130,878 - Planning and Building Agency 25B AGMT NOS. 2011 -265, 266, & 267 - IMPLEMENTATION OF THREE MEASURE M REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECTS (126770, 126771 AND 126772) - Execute cooperative agreements with Orange County Transportation Authority - Public Works Agency CITY COUNCIL MINUTES 9 DECEMBER 19, 2011 1 0A -9 25C AGMT NO. 2011 -268 - SUPERVISORY CONTROL AND DATA ACQUISITION SYSTEM UPGRADES CONTROLLING WATER PRODUCTION FACILITIES - Execute an amendment with Transdyn Controls, Inc. for an additional not -to- exceed amount of $20,000 - Public Works Agency 25D AGMT NO. 2011 -269 - INTEGRATED BUSINESS SOLUTIONS (IBS) PROGRAM FOR AUTO PARTS - With Orange County Auto Parts for a three -year period and can be extended for up to three successive one - year terms, in an annual amount of $450,000 - Finance & Management Services 25E AGMT NO. 2011 -270 - SINGLE AUDIT OF FEDERAL AND CALIFORNIA GRANTS SERVICES - Execute an amendment with Macias Gini & O'Connell, LLP with a contingency of $7,250 for additional services, for a total amount not to exceed $42,500 - Finance & Management Services 25F AGMT NO. 2011 -271 - PROVIDE ANNUAL MAINTENANCE AND SUPPORT OF THE ELECTRONIC DOOR ACCESS SYSTEM - Execute an amendment with Simplex /Grinnell LP, in an amount not to exceed $14,796 - Police Department 25G AGMT NO. 2011 -272 - CONDUCT GO LOCAL STEP 2 TECHNICAL ANALYSIS FOR THE FIXED GUIDEWAY PROJECT (PROJECT 092505) - Execute an amendment with Cordoba Corporation, in an amount not to exceed $120,800 - Public Works Agency *Councilmember Martinez abstained on Item 25G 25H AGMT NO. 2011 -273 - SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) - Prepare an agreement with the SEIU Local 721 regarding certain terms and conditions of employment — Personnel Services Agency 251 AGMT NO. 2011 -274 - POLICE OFFICERS' ASSOCIATION (POA) - Prepare an agreement with POA regarding wages and other terms and conditions of employment — Personnel Services Agency 25J AGMT NO. 2011 -275 — STATE GOVERNMENT LIAISON SERVICES — Prepare an amendment with Townsend Public Affairs for a six -month period in an amount not to exceed $25,000 - City Manager's Office *Councilmember Sarmiento abstained on Item 25J CITY COUNCIL MINUTES 10 DECEMBER 19, 2011 1 0A -10 25K AGMT NO. 2011 -276 — FEDERAL GOVERNMENT LIAISON SERVICES — Prepare an agreement with Ferguson Group of Washington, D.C. for a six -month period in an amount not to exceed $37,500 — City Manager's Office * *END OF CONSENT CALENDAR ** BUSINESS CALENDAR ITEMS RESOLUTIONS 55A RESOLUTION ACCEPTING LETTER OF COMMITMENT FOR THE DIAMOND PARK MUTUAL WATER COMPANY - Public Works Agency MOTION; Adopt a resolution. RESOLUTION NO. 2011 -089 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ACCEPT A LETTER OF COMMITMENT FOR THE DIAMOND PARK MUTUAL WATER COMPANY MOTION: Benavides SECOND: Alvarez VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55B RESOLUTION ACCEPTING LETTER OF COMMITMENT FOR THE CATALINA STREET PUMP OWNER'S ASSOCIATION - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2011 -090 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO ACCEPT A LETTER OF COMMITMENT FOR THE CATALINA STREET PUMP OWNERS ASSOCIATION MOTION: Martinez SECOND: Benavides CITY COUNCIL MINUTES 11 DECEMBER 19, 2011 1 0A -11 VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) 55C RESOLUTION AND AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES FOR SOCIAL SECURITY ALTERNATIVE PROGRAM SERVICES - Finance & Management Services MOTION: 1. Adopt a resolution. RESOLUTION NO. 2011 -091 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AMENDMENT AND RESTATEMENT OF ITS EXISTING CITY OF SANTA ANA 3121 PART -TIME SOCIAL SECURITY RETIREMENT PLAN; TERMINATING THE CITY'S RELATIONSHIP WITH GREAT WEST RETIREMENT SERVICES FOR ADMINISTRATIVE AND INVESTMENT SERVICES; AND APPOINTING PARS AS TRUST ADMINISTRATOR OF THE PLAN AND UNION BANK AS TRUSTEE OF THE PLAN 2. AGMT NO. 2011 -277 - Authorize the City Manager and Clerk of the Council to execute an agreement with Public Agency Retirement Services and Union Bank for a period of five years with provisions for two one -year extensions. MOTION: Martinez SECOND: Bustamante VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez, Pulido, Sarmiento, Tinajero (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CITY COUNCIL MINUTES 12 DECEMBER 19, 2011 1 0A -12 PUBLIC HEARINGS 75A PUBLIC HEARING - CONSIDER CHANGING NEW CITY COUNCIL WARD BOUNDARY LINES - Clerk of the Council Office Set for public hearing at the November 7, 2011, City Council Meeting by a vote of 7 -0. Rescheduled for public hearing at the December 5, 2011, City Council Meeting by a vote of 6 -0 (Pulido absent). Legal Notice published in Orange County Register on December 9, 2011 and December 16, 2011. Clerk of the Council Huizar presented the staff report. Why Re- Boundary? • Required by Elections Code §21600, et seq. • Comply with "one- person, one vote" principle, Federal Voting Rights Act of 1965, and other constitutional constraints. • Review every 10 years after Federal census data released. • What is Re- boundary and why do it? • Re- boundary is the redrawing or adjusting of Ward lines to ensure that legislative representation is fair, balanced, and equal. It is done every ten years to account for population shifts and growth over the last decade. • This process does not change the number of Wards in the City. Charter Requirements • Sec. 101.1. — Requires that each Ward be as nearly equal in population as possible. The wards shall be composed of contiguous and compact territory and bounded by natural boundaries of street lines wherever possible. • Sec. 101.2. — Notes that Ward boundaries shall not be altered except as reasonably necessary to promote greater equality of population among the wards, following Federal decennial census. • Requires a two - thirds (2/3) vote for passage. • Any change to Ward boundaries must be made within one hundred twenty (120) days immediately preceding any election of the City Council. Scope of Work • The proposed map recommended for approval was prepared using the City's GIS software. • The boundaries follow census tract areas, as used by the U.S. Census Bureau - this allows us to view the population statistics. • The proposed map balances the overall population within the 10% standard, as required by the Elections Code, while trying to diversify the population in each Ward. CITY COUNCIL MINUTES 13 DECEMBER 19, 2011 1 0A -13 Re- boundary Standards Used • Population deviation of no more than 10% between Wards. (U.S. v. Cummings). • "Cannot deny or abridge the right to vote on account of race, color, or language minority." Federal Voting Rights Act, CA Elections Code. • Other "traditional" re- boundary factors (Elections Code § 21601): • Cohesiveness, continuity, integrity and compactness of territory, and Community of interest. • Additional criteria considered: • Traditional boundaries, and • Preserving cores of prior Wards. Public Participation • Public participation and feedback is an important part of the re- boundary process. • The City Council set the Public Hearing date 30 days ahead of time and then rescheduled for an additional 2 weeks to allow for public input and comment. • City issued a press release to the media and all neighborhood associations (approximately 360 neighborhood leaders). • Proposed Maps and corresponding statistics was posted on the City's website. • The Public Hearing provides members of our community an opportunity to comment on the proposed ward re- boundary map. Proposals • Proposal #1 was prepared by staff following recommendations of the Ad Hoc Committee (comprised of councilmembers Benavides, Martinez and Tinajero,) to even population representation and maintaining Ward boundaries as close to original lines as possible. • On December 13, 2011, Proposal #2 was prepared and posted on the City's website after staff received feedback that not all recommendations from the Committee were captured in original proposal. • Minor changes were made to the proposal that also included some recommendations by the community, while balancing the Ward population even closer to goal • Total City population is 324,528 with average per Ward being 54,088. • The Clerk of the Council Office has not received any other proposals for consideration by the City Council. CITY COUNCIL MINUTES 14 DECEMBER 19, 2011 1 0A -14 Current vs. Proposed Ward Census Data TOTAL Population White Asian Black Current Ward Pacific Islander CITY COUNCIL MINUTES 15 DECEMBER 19, 2011 1 0A -15 Proposed Ward Proposed and Current Ward Boundaries (current in pink border and proposed in shaded area) Mayor Pulido opened the Public Hearing; the following speakers addressed the City Council on the matter: CITY COUNCIL MINUTES 16 DECEMBER 19, 2011 iillym � • Alfredo Amezcua, requested community forums; community input needed on re- boundary of Ward areas. • Bobi Keenan, concerned that some neighborhood associations split into different Wards, • Connie Hamilton, supports proposed re- boundary map, but concerned with neighborhood association split. • Rob Cook, supports proposed re- boundary map. • Thomas Gordon, urged Council to have community input through Comlink and neighborhood associations meetings. Council discussion ensued. Councilmember Tinajero noted efforts to balance each Ward by equal population. Mayor Pro Tern Alvarez commented that re- boundary not done in 2000 because population was within the required 10 %; staff to make every effort possible to engage community and educate on the process taken to develop proposed map. Councilmember Sarmiento thanked the Ad Hoc Committee and speakers for comments; proposed re- boundary will balance all wards. Mayor Pulido indicated that the City has Ward elections at -large and not by Ward. Councilmember Martinez thanked staff for efforts. Councilmember Benavides looks forward to working with new neighborhood associations he will be representing. * Councilmember Bustamante left the meeting at 7:40 p.m. and did not return. AMENDED MOTION: 1. Direct staff to meet with members of the community interested in learning about the process taken to develop the proposed boundary map; if suggestions or new proposals submitted, the City Council may consider prior to final approval of Ward Re- Boundary. 2. Place ordinance on first reading and authorize publication of title. (Requires five affirmative votes.) ORDINANCE NO. NS -2826 - AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS -2156 MOTION: Tinajero VOTE: AYES: CITY COUNCIL MINUTES SECOND: Pulido Alvarez, Benavides, Martinez, Pulido, Sarmiento, Tinajero (6) NOES: None (0) 17 1 0A -17 DECEMBER 19, 2011 AI .m ABSTAIN: None (0) ABSENT: Bustamante (1) COMMENTS CITY MANAGER'S COMMENTS Interim City Manager Walters: • Thanked the City Council and staff for support and progress made on labor negotiations; • Wished all Happy Holidays; and • Noted that "Forbes Magazine" ranked the City of Santa Ana one of the safest cities in America. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Thanked staff for hard work this past year; making strides with labor negotiations; thanked colleagues and residents in budget stabilization efforts; • Thanked Councilmember Tinajero for chairing Ethics Ad Hoc Committee and public for participation; and • Wished all a Merry Christmas and prosperous New Year. Councilmember Martinez: • Congratulated Youth Commissioner, Jonathan Espinoza, for receiving full scholarship to Georgetown University; • Thanked staff for transition and sustainability efforts over the past year; great development projects coming in 2012 and • Wished all a Merry Christmas, Happy Holidays and prosperous New Year. Councilmember Tinajero: • Wished all a Happy Holiday Season and reflected on blessings; and • Thanked Interim City Manager /Police Chief Walters, residents and colleagues for low crime rate and public safety; kudos to law enforcement personnel. Councilmember Benavides: • Reflected on accomplishments in the past year; 2012 exciting new year; • Thanked labor groups for making concessions; and • Wished all Merry Christmas and Happy Holidays. CITY COUNCIL MINUTES 18 DECEMBER 19, 2011 ii[ll_d_E:� Mayor Pro Tern Alvarez: • Congratulated Interim City Manager /Police Chief Walters for great efforts throughout the years and low crime rates; • Commented on petition being circulated on bike trail has been signed by non -city residents; asked for clarification from staff on the following: 1. If built, what side of the creek would this trail be located? 2. Is it a realistic project, i.e. is there funding ? 3. Would City have to maintain the trail? 4. Does it pose any danger to neighborhoods in the area? 5. What, if any, are the alternatives? 6. Will the City be voting on bike trail matter, since she has not seen matter agendized? • Encouraged all to participate in the "Toys for Tots" Program. Mayor Pulido: • Thanked staff and unions for efforts made on labor contracts; • Adjourned meeting in memory of City employee Christian Tapia and reflected on his untimely passing; • Noted that Forbes Magazine listed the City of Santa Ana as one of the safest cities, based on FBI crime rates; and • Wished all a Merry Christmas, Happy Hanukah and Happy New Year. ADJOURNED- 8:35 P.M. - The next meeting of the City Council is scheduled for Tuesday, January 17, 2012 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 6:00 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Adjourn in Memory of Christian Tapia Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 19 DECEMBER 19, 2011 iilll_b—larall] MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA JANUARY 9, 2012 CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL PULIDO, Mayor CLAUDIA C. ALVAREZ, Mayor Pro Tern (5:15 P.M.) P. DAVID BENAVIDES (5:14 P.M.) CARLOS BUSTAMANTE MICHELE MARTINEZ VINCENT F. SARMIENTO SAL TINAJERO (5:30 P.M.) COUNCILMEMBERS Absent: None STAFF Present: PAUL M. WALTERS, Interim City Manager JOSEPH STRAKA, Interim City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS - None REGULAR BUSINESS ITEM RESOLUTION 55A RESOLUTION FOR REDEVELOPMENT SUCCESSOR AGENCY AND SUCCESSOR HOUSING AGENCY PER ABX1 26 MOTION: Adopt a resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA DESIGNATING THE CITY OF SANTA ANA AS THE SUCCESSOR AGENCY FOR THE FORMER REDEVELOPMENT AGENCY AND DESIGNATING THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA AS THE SUCCESSOR HOUSING AGENCY CITY COUNCIL MINUTES 1 0B -1 JANUARY 9, 2012 MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Bustamante, Martinez, Pulido, Sarmiento (4) None (0) None (0) Alvarez, Benavides, Tinajero (3) COMMENTS 90A CITY MANAGER'S COMMENTS - None 90B COUNCILMEMBER COMMENTS - None COUNCIL RECESSED to Room 147 for Closed Session discussion. CLOSED SESSION MEETING 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: 1A CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION pursuant to Government Code Section 54956.9(b) — One Case. 1 B CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6 Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Santa Ana Police Management Association (PMA) CITY COUNCIL MINUTES 2 JANUARY 9, 2012 Santa Ana Firemen's Benevolent Association (FBA)* Santa Ana Fire Management Association (FMA) Service Employees' International Union (SEIU) Full -Time Employees Service Employees' International Union (SEIU) Part-time Civil Service Employees Confidential Association of Santa Ana (CASA) Santa Ana Management Association (SAMA) Agency Negotiator: Interim City Manager, Paul M. Walters Employee Organizations: Executive Management (EM) *Councilmember Martinez recused herself from discussion on the Santa Ana Firemen's Benevolent Association (FBA) due to a campaign contribution. She left the meeting at 5:26 p.m. and did not return. 1C PUBLIC EMPLOYEE EMPLOYMENT AND APPOINTMENT pursuant to Government Code Section 54957(b)(1) Title: City Attorney CLOSED SESSION REPORT — Nothing to report. ADJOURNED - 5:52 p.m. Maria D. Huizar, Clerk of the Council CITY COUNCIL MINUTES 3 JANUARY 9, 2012 ill]: 151 MUMA REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: ORDINANCE SECOND READING - NEW CITY COUNCIL WARD BOUNDARY LINES -UQA)kl CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER DISCUSSION At the December 19, 2011 City Council Meeting, the City Council directed the Clerk of the Council to meet with members of the community interested in learning about the process taken to develop the proposed ward boundary map. It was noted that if reasonable suggestions were provided the City Council may reconsider final adoption of Ward re- boundary map. As of January 12, 2012, the Clerk of the Council Office has only received one request for a presentation from the Santa Ana Coalition for Better Government. The organization has submitted a letter for the record including suggestions for City Council consideration. An alternative ward re- boundary map is expected prior to the City Council Meeting, and will be made available for the record and public as soon as it is received. FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council Attachment 1 - Ordinance adopting proposed new Ward boundaries Attachment 2 — Correspondence received 11 A -1 11 A -2 ATTACHMENT 1 11 A -3 ORDINANCE NO. NS -XXXX AN ORDINANCE OF THE CITY OF SANTA ANA CHANGING AND ESTABLISHING THE BOUNDARY LINES OF THE WARDS OF THE CITY OF SANTA ANA AND REPEALING ORDINANCE NO. NS -2156 WHEREAS, heretofore, on December 5, 2011, the City Council by its Resolution 2011 -078, declared its intention to change the boundary lines of the Wards in the City of Santa Ana, which said Resolution was regularly published as required by Section 101.4 of the Charter of the City of Santa Ana and gave notice of public hearing to be held on December 19, 2011; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1: That the boundaries of the wards of the City of Santa Ana are hereby changed and established as set forth on the map attached hereto and incorporated herein by reference as Exhibit 1. Section 2: That the Clerk of the Council shall cause a map diagram showing the new boundary lines of each and every ward to be published in the Orange County Register not less than thirty (30) days prior to the general municipal election. ADOPTED this day of , 2011 APPROVED AS TO FORM: By: Melissa Crosthwaite Deputy City Attorney Miguel A. Pulido Mayor 11 A -4 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 11 A -5 11 A -6 City of Santa Ana CITY COUNCIL WARD BOUNDARIES Adopted January 17, 2011 0.0 0.5 1.0 1.5 Miles 11 A -7 'i ATTACHMENT 2 11 A -9 11A -10 SANTA A At COALITION FOR BETTER Gov r=kNMEN'T PO BOX 4086, SANTA ANA, CA, 92702. FPPC ID # 1311410 January 12, 2012 Mr. Paul Walters Interim Santa Ana Manager 20 Civic Center Plaza, 8th Floor P O. Box 1988, M31 Santa Ana, CA 92701 Dear Mr. Walters: The Santa Ana Coalition for Better Government (SACBG) is a community organization comprised of local residents and stakeholders encouraging civic participation while promoting and advocating for efficient, transparent, accountable and ethical governance by the elected and administrative officials of the City of Santa Ana. We are writing this letter on behalf of the Board of Directors regarding concerning in response to the City Council's Ward redistricting process. It is apparent that the current process involving the public in this important decision is simply the bare minimum required by the City's Charter. While this satisfies existing legal precedent, we believe that a decision as important as defining new council ward boundaries, which will impact future decisions in the city for the next decade, requires public input from all sectors of the city. As such, we urge the city to involve the public in this important process before making its final decision. We are making this request because the new ward boundaries now under consideration were conceived behind closed doors by three council members. The product of these secret meetings was based solely on the population, and without regard to other critical factors that define a "community of interest." As we mentioned to City Clerk Maria Huizar in our recent meeting with her, the proposed redistricting further divides neighborhoods, particularly ones plagued by crime, poverty and lack of public participation while leaving the more affluent neighborhoods in tact. The proposed re- districting plan splits Willard, Madison Park, Memorial Park, Santa Anita Park, Riverview West, Central City, Pico Lowell, and Downtown neighborhoods. By giving these poorer neighborhoods more than one city council member, the new ward system dilutes the power of neighbors to organize to lobby for common interests. The Santa Anita neighborhood, which has long been represented by three council members, is an example 1 11A -11 of how numerous representatives have not helped combat problems that weaken our entire city. As City Council members, you are well aware of how public input can affect electoral representation. Some council members participated in recent public hearings that were conducted to determine federal representation. Under the City Charter, the council has until April 8, 2012, to conduct a more thorough, transparent process to determine council representation that will affect the city for a decade. In a city with low voter turnout and low median income, we must do more than just the bare minimum to encourage public participation in such a critical decision. Our Coalition recommends the following: 1. Two public hearings to get more public participation 2. Subsequent public meetings in which various proposals are considered 3. Greater dissemination of information about these hearings, their purpose and the long -term effect of redistricting. This effort would include press releases to Spanish and Vietnamese - language media, letters to all residents and emails to all registered voters. 4. Consideration of a Coalition map, which would leave Wards One and Three the same, make slight changes to Ward Two and retool Wards Four and Five. This map was submitted to City Clerk Maria Huizar. We look forward to your timely reply to tell us how this process will be modified to ensure the broader public participation. Thank you for your consideration of this very important issue. Sincerely, Alfredo Amezcua on behalf of the Santa Ana Coalition for Better Government CC: Mayor Miguel Pulido Mayor Pro Tern Claudia Alvarez City Council Member Michele Martinez City Council Member Sal Tinajero City Council Member David Benavides City Council Member Carlos Bustamante City Council Member Vincent Sarmiento Andrew Galvin, OC Register Nicole Santa Cruz, LA Times Adam Elmahrek, Voice of OC Gustavo Arellano, OC Weekly American Civil Liberties Union 11A -12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: DESTRUCTION OF OBSOLETE CITY RECORDS t (. CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2006 -045. DISCUSSION On July 3, 2006, the City Council approved a resolution outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the time in which records need to be kept. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 513 of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents. FISCAL IMPACT There is no fiscal impact associated with this item. 19C -1 19C -2 2. 08 MEMORANDUM Laura Sheedy To: Assistant City Attorney Date: December 13, 2011 Interim Executive Director From: Community Development Agency Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006 -045. Thank you. 1--V" Nancy T. E ards 19C -3 4 • CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE Community Development Agency 2012 Record Record Category Series Record Description Record Dates HOUSING Applications Purged Applications from Jan - Dec 2008 AUTHORITY Waiting List 4 boxes HOUSING Vouchers Expired Housing Choice Vouchers Jan - Dec 2008 AUTHORITY 4 boxes HOUSING Tenant Files Terminated Tenant Files Jan - Dec 2008 AUTHORITY 59 boxes HOUSING HOUSING PREPARED BY: SA Towers FSS Files Terminated Tenant Files I Jan -Dec 2008 Terminated /Graduated FSS files (3 1 Jan - Dec 2008 CONSENT BY: Terri Eggers Date Nancy Edwards Date Senior Managem t Analyst Interim ExecutW Director Community Development Agency Community Development Agency RECORDS DESTROYED: 85 boxes Number of boxes 19C -4 APPROVED BY: ` I �(�L 12 Joseph Straka ate Interim City Attorney REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: AGREEMENT WITH FRIENDS OF SANTA ANA ZOO FOR FUNDING ASPHALT WALKWAY IMPROVEMENTS AT THE SANTA ANA ZOO CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached funding agreement with the Friends of Santa Ana Zoo for the renovation of asphalt walkways at the Santa Ana Zoo at Prentice Park in amount not to exceed $75,000, subject to non - substantive changes approved by the City Manager and City Attorney. 2. Approve an appropriation adjustment to recognize $75,000 in the Recreation Special Fee and Donations - FOSAZ Revenues account (no. 02213002 57381) and appropriate same to the Contract Services account (no. 02213200 62300). DISCUSSION The walkways within the Santa Ana Zoo at Prentice Park allow Zoo visitors to have access to the animal exhibits and park features. These walkways have not been renovated in over 20 years and maintaining accessible walkways is important for the many guests with children in strollers and for people requiring wheelchairs or walkers. In 2007, the Association of Zoos and Aquariums' accreditation team noted that the walkways needed improvements due to tree root damage and uneven surfaces. Temporary fixes have been made but permanent replacement or repairs are needed to maintain a safe and aesthetic environment for the guests. The Friends of Santa Ana Zoo ( FOSAZ) launched the "Pavement for Progress" project campaign to raise the funds to reconstruct, pave and seal the public pathways and service roads within the zoo to improve safety, circulation and accessibility. In September 2011, FOSAZ received $75,000 from the McBeth Foundation to renovate the public asphalt walkways throughout the Zoo. This funding agreement will provide the mechanism for FOSAZ to transfer the funds to City, which will be overseeing the asphalt improvements. 20A -1 Agreement with FOSAZ for Asphalt Improvements January 17, 2012 Page 2 FISCAL IMPACT The appropriation adjustment will recognize $75,000 in the Recreation Special Fee and Donations - FOSAZ Revenues account (no. 02213002 57381) and appropriate same to the Contract Services account (no. 02213200 62300). APPROVED AS TO FUNDS AND ACCOUNT: r� Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Community Finance and Management Services Agency Services Agency FUNDING AGREEMENT FOR THE RENOVATION OF ASPHALT WALKWAYS AT THE SANTA ANA ZOO AT PRENTICE PARK This Funding Agreement (the "Agreement "), made and entered into 17'h day of January, 2012, 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, (the "CITY "), and the Friends of the Santa Ana Zoo, a California nonprofit corporation, (the "FRIENDS "). RECITALS WHEREAS, the FRIENDS, a California non -profit organization, is generating support revenues and donations for the CITY to operate and develop the Santa Ana Zoo at Prentice Park; and WHEREAS, CITY and FRIENDS desire to renovate the asphalt walkways (hereinafter "the Project ") to provide greater accessibility to the educational programs, classroom areas and animal exhibits at the Zoo; and WHEREAS, the FRIENDS desire to provide funding for the Project, a portion of which is grant funding; and WHEREAS, CITY will oversee and manage the construction of the Project to ensure that the Project meets all governmental codes and requirements. NOW, THEREFORE, in consideration of mutual promises, covenants and agreements herein set forth, the parties do hereby agree as follows: Scope of Agreement The purpose of this Agreement is to provide for the funding for the "Pavement for Progress" project to reconstruct, pave and seal public pathways and service roads within the Santa Ana Zoo at Prentice Park (the "Project "). The Project will improve safety and accessibility for physically challenged guests, children, seniors and those requiring mobile assistance to participate in the Zoo's educational activities and exhibit viewing. The FRIENDS have raised funds in grants and contributions for the design and construction of the Project (the "Friends Funds "). 2. CITY Duties A. CITY shall prepare bid documents for the design, and construction of the Project. Said bid documents shall be in conformity with applicable federal, state and local laws and regulations. B. CITY shall manage the solicitation and selection of contractors for all work necessary to complete the Project in accordance with City approved plans and specifications. C. CITY shall manage and oversee the construction of the Project, including inspection and approval of the work. D. The construction of the Project shall be funded through grant funds obtained by FRIENDS. CITY shall provide FRIENDS with a final written report which will include 4IL'�? financial information in the format specified by FRIENDS. The FRIENDS Duties A. FRIENDS may provide suggestions regarding the design of walkways constituting the Proj ect. B. FRIENDS shall assist with compliance with grant guidelines to timely obtain grant funds and disburse those funds to CITY. C. FRIENDS shall transfer to City, Friends Funds including grants and contributions which have been collected on behalf of the City for the Project. Said transfer to the City shall occur prior to the City award of a construction contract. 4. Time for Performance FRIENDS shall transfer $75,000 of the grant funds to CITY within thirty (30) days following the execution of this agreement by both parties. Said grant funds shall be deposited in a fund to be utilized only for the payment of Project costs. CITY shall complete the Project by April 30, 2012. Ownership and Maintenance The Zoo pathways and service roads shall remain the property of the CITY, and CITY shall maintain responsibilities therefor. Preparation and Ownership of Documents It is hereby understood that any and all documents pertaining to the Project design and construction, including applicable "as- built" drawings, will be created in accordance with the highest professional quality. All development documents and drawings shall remain the property of the CITY. 7. Financial Requirements The CITY shall account for all funds requested by and released pursuant to this Agreement and the disbursement thereof. The CITY shall maintain a full set of books on a double entry basis in accordance with generally accepted accounting principles, procedures, and regulations as deemed necessary by the CITY. Such records shall be maintained by qualified personnel and in a timely manner. All financial reports and schedules shall be prepared in accordance with generally accepted accounting principles and CITY reporting requirements. Indemnification CITY agrees to save, indemnify, defend and hold harmless, FRIENDS, its board members, directors, officers, agents and employees from any and all claims, demands, losses, liens, expenses (including reasonable attorney's fees) or liability, including but not limited to claims of damage of property or injury to or death of persons accruing or resulting to any and all contractors, subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement by the CITY and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the CITY in the performance of this Agreement. Conflict of Interest The following protections against conflict of interest will be upheld: A. CITY and FRIENDS certify that no member, officer, or employee of the CITY and/or FRIENDS or its designees or agents, and no other public official of CITY and/or FRIENDS who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter. B. CITY and FRIENDS certify that no one who has any financial interest in this Agreement or receives compensation for services from CITY or FRIENDS is related by blood or marriage within the third degree to the Mayor or any one or more of the members of the City Council, City Manager, or the head of the department and /or Friends' Board to which these services are to be provided pursuant to this Agreement. 10. Governing Law This Agreement shall be governed by the laws of the State of California. 11. Notices If either party shall desire or be required to give notice to the other, such notice shall be given in writing, by prepaid U.S. certified or registered postage, addressed to recipient as follows: CITY: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92701 With a copy to: Recreation and Community Services Agency 26 Civic Center Plaza Santa Ana, CA 92701 ATTN: Executive Director FRIENDS: Friends of the Santa Ana Zoo 1801 E. Chestnut Santa Ana, CA 92701 Attn: 12. Modifications This Agreement may be modified only by written Agreement of all the parties. 13. Signs and Interpretive Aids At commencement of construction of the Project, at least one temporary sign acknowledging FRIENDS' assistance shall be located on or near the Project site. This sign 20A -5 may indicate the percentage and dollar amount financed by FRIENDS and non- Friends funds. Project signs shall remain installed until the completion of the Project. FRIENDS and CITY shall cooperate in the design and placement of permanent donor recognition signage for the Project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager FRIENDS OF THE SANTA ANA ZOO (NAME) (Title) 4IM1111161" REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: APPROPRIATION ADJUSTMENT FOR COUNTY OF ORANGE SOCIAL SERVICES AGENCY VOCATIONAL TRAINING AND WORK EXPERIENCE PROGRAM i' CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Approve an appropriation adjustment recognizing $800,000 awarded to the City of Santa Ana, Santa Ana WORK Center by the County of Orange Social Services Agency for vocational training and work experience activities. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement with the County of Orange Social Services Agency for vocational training and work experience activities, effective March 7, 2012 through June 30, 2013, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The County of Orange Social Services Agency administers a CalWORKs Welfare to Work (WTW) Program designed to provide case management, job services, job training, and supportive service to assist CalWORKs recipients to overcome barriers and obtain or maintain stable employment. The goal of the program is for the participating individuals to achieve economic self- sufficiency. County Welfare Departments may provide these services directly or may enter into contracts with private or public agencies for the provision of these services. The City of Santa Ana WORK Center has experience providing such services and was awarded an $800,000 contract to provide vocational training and work experience activities to CalWorks WTW participants. Staff will also provide case management, employability skills training, worksite development, and job placement services. The program will serve 26 participants from March 7, 2012 through June 30, 2012 and 80 participants from July 1, 2012 through June 30, 2013. 41UN AA for County of Orange SSA Vocational Training and Work Experience Program January 17, 2012 Page 2 FISCAL IMPACT Upon approval of the appropriation adjustment, funds will be available in the County of Orange Social Services Agency Welfare to Work Program account (no. 12418737 - various). APPROVED AS TO FUNDS AND ACCOUNTS: nam w rq e&t)a-� I� ��i,11,s� � ; L ■� Nancy T. wards Francisco Gutierrez Interim Ex6tutive Director Executive Director Community Development Agency Finance & Management Services Agency 4i�- NTE /LAO /cd /sv Exhibit: 1. County of Orange Social Services Agency Agreement all = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE THIS AGREEMENT, entered into this 7th day of March, 2012, which date is particularized for purpose of reference only, is by and between the COUNTY OF ORANGE, hereinafter referred to as "COUNTY," and CITY OF SANTA ANA, a California municipality, hereinafter referred to as "CONTRACTOR." This Agreement shall be administered by the County of Orange Social Services Agency Director or designee, hereinafter referred to as "ADMINISTRATOR." WITNESSETH: WHEREAS, COUNTY desires to contract with CONTRACTOR for the provision of vocational training activities and work experience; and WHEREAS, CONTRACTOR agrees to render such services on the terms and conditions hereinafter set forth; WHEREAS, such contracts are authorized and provided for pursuant to California Welfare and Institutions Code Section 11200 et seq., also known as the California Work Opportunity and Responsibility to Kids (CalWORKS) Act of 1997: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: EXHIBIT 1 (WAM0811) 1 of 40 (December 22, 2011) all :151 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Page 1. TERM. ................... ............................... 4 2. ALTERATION OF TERMS .................... ............................... 4 3. DEFINITIONS. ................... ............................... 4 4. STATUS OF CONTRACTOR ..... ............................... 7 5. DESCRIPTION OF SERVICES, STAFFING ...... ............................... 7 6. LICENSES AND STANDARDS................ . ............................... 8 7. DELEGATION AND ASSIGNMENT/ SUBCONTRACTS . ............................... 9 8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE........... 11 9. NON - DISCRIMINATION .................... ............................... 13 10. NOTICES. ..................... ............................... 16 11. NOTICE OF DELAYS. ........ ............................... 17 12. INDEMNIFICATION AND INSURANCE. ........................... 17 13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS ........................... 18 14. CONFLICT OF INTEREST. ........... ............................... 19 15. ANTI - PROSELYTISM PROVISION ........................................... 19 16. SUPPLANTING GOVERNMENT FUNDS .......... ............................... 20 17. EQUIPMENT. ...................... ............................... 20 18. BREACH SANCTIONS ...................... ............................... 21 19. PAYMENTS. ......................... ............................... 22 20. OVERPAYMENTS. ...................... ............................... 24 21. OUTSTANDING DEBT ...................... ............................... 24 22. REVENUE. ....................... ............................... 25 23. PROGRAM INCOME ........................ ............................... 25 24. FINAL REPORT. .................... ............................... 26 25. INDEPENDENT AUDIT. ....... ............................... 26 26. RECORDS, INSPECTIONS AND AUDITS ....... ............................... 27 27, PERSONNEL DISCLOSURE................ .. ............................... 29 28. EMPLOYMENT ELIGIBILITY VERIFICATION .................................. 31 29. CHILD AND DEPENDENT ADULT /ELDER ABUSE REPORTING ...................... 32 30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW........ 32 31. CONFIDENTIALITY ....................... ............................... 32 32. COPYRIGHT ACCESS ...................... ............................... 33 33. WAIVER. ........................... ............................... 33 34. PETTY CASH ............................ ............................... 34 35. PUBLICITY .............. ............................... 34 36. COUNTY RESPONSIBILITIES ............... ............................... 34 37. REFERRALS ............................. ............................... 35 38. REPORTS.................... ........... ............................... 35 39. ENERGY EFFICIENCY STANDARDS. ...... ............................... 35 40. ENVIRONMENTAL PROTECTION STANDARDS .... ............................... 35 41, CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS .................. ............................... 36 42. POLITICAL ACTIVITY. ............... ............................... 37 43. TERMINATION PROVISIONS ............................................... 37 44. GOVERNING LAW AND VENUE. ............ ............................... 38 45, SIGNATURE IN COUNTERPARTS ............. ............................... 38 (WAM0811) 2 of 40 41 = (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A 1. PROGRAM GOALS AND OBJECTIVES ........... ............................... 1 2. POPULATION TO BE SERVED ................ ............................... 2 3. SERVICES. ............ ............................... 3 ............. .... 4. CONTRACTOR RESPONSIBILITIES ............ ............................... 4 5. PRINCIPLES. ...................... ............................... 6 6. OUTSIDE CONTACTS :...................... ............................... 7 7. FACILITIES. ................. ............................... 7 8. REPORTING REQUIREMENTS. ..... ............................... 7 9. PERFORMANCE MONITORING AND REVIEW ...... ............................... 8 10. QUALITY CONTROL ....................... ............................... 9 11, WELFARE FRAUD ................... ............................... 10 12. HANDLING COMPLAINTS ................... ............................... 10 13. HOURS OF OPERATION. ... .. ............................... 11 14. BUDGET FOR PROVISION OF VTR and WEX ... ............................... 11 15. STAFF ................................. ............................... 13 (WAM0811) ql 3 of 40 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. TERM The term of this Agreement shall commence on March 7, 2012, and terminate on June 30, 2013, unless earlier terminated pursuant to the provisions of Paragraph 43 of this Agreement: however, CONTRACTOR shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to indemnification, audits, reporting, and accounting. CONTRACTOR and ADMINISTRATOR may mutually agree in writing to extend the term of this Agreement, for up to twelve (12) additional months upon the same terms and conditions, provided that COUNTY's total maximum obligation as stated in Subparagraph 19.1 of this Agreement does not increase as a result. 2. ALTERATION OF TERMS This Agreement, including any Exhibit(s) attached hereto and incorporated by reference, fully expresses all understandings of the parties and is the total Agreement between the parties as to the subject matter of this Agreement. No addition to, or alteration of, the terms of this Agreement, whether written or verbal, by the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. 3. DEFINITIONS 3.1 Assessment: An evaluation of employability and the need for support services considering work history, employment knowledge, skills, and abilities: education and educational competency level; local labor market conditions; and physical limitations or behavioral conditions. The types of assessments utilized are Employment Readiness Assessment and Learning Disability Evaluation and are provided through a separate contracted service provider. 3.2 Barriers to Employment: Circumstances which interfere with (WAM0811) 4 of 40 (December 22, 2011) all e' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Welfare -To -Work (WTW) participation, employment, or job search. 3.3 CaIWORKs: The acronym for the California Work Opportunity and Responsibility to Kids Act of 1997 as described in the state of California Welfare and Institutions Code (WIC) Section 11200 et seq. 3,4 Multi - Disciplinary Team (MDT): A team of individuals with diverse expertise that meets to review case and family elements to optimize the WTW activities. MDT members may consist of staff from the following areas: Social Services Agency (SSA) CaIWORKs; Facilitator; Domestic Abuse Services; Behavior Health Services; Public Health Nurse; One -Stop Centers: SSA Children and Families Services Senior Social Worker; educational providers; Job Services and Employment Support: Vocational Assessment; WTW activity providers who could benefit from, or contribute to, the discussion; and all other relevant individuals. 3.5 One -Stop Centers: Employment -based facilities integrating COUNTY and contracted service providers into single workforce centers, which provide comprehensive career services and labor market information to participants seeking jobs under various Federal and State funded programs. The centers are established statewide under S.B. 1417 (Chapter 819, Statutes of 1994), to implement a collaborative system of employment, training and education programs and services, in support of California's economic development. Santa Ana One -Stop Center is also referred to as the W /O /R /K Center. 3.6 One -Stop Partner: One of the entities responsible for conducting the day -to -day activities associated with the delivery of workforce development services to employers and job seekers, including daily management, supervision, and coordination of staff physically co- located at the One -Stop Center. 3.7 Participant: Recipients of CaIWORKs financial assistance benefits who are required to participate, or have voluntarily enrolled, in the WTW (WAM0811) 41 6of40 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 program pursuant to State regulations. 3.8 Placement: An event that occurs when an employer hires a CaIWORKS WTW participant in an unsubsidized or subsidized employment position. 3.9 Santa Ana Workforce Investment Board (SA WIB): Established under the Federal Workforce Investment Act (WIA) of 1998, SA WIB oversees workforce investment activities that increase the employment, retention, and earnings of participants, and increase attainment of occupational skills by participants. Workforce investment activities authorized by WIA are provided at the local level via the One -Stop Centers to individuals in need of those services, including job seekers, dislocated workers, youth, incumbent workers, new entrants to the workforce, veterans, persons with disabilities and employers. 3.10 Santa Ana Workforce Investment Board Case Manager (SA WIB CM): An employee of the Santa Ana W /O /R /K Center, a division of the City of Santa Ana, assigned to work with the CalWORKs participant and WTW staff throughout the Vocational Training (VTR) and Work Experience (WEX) activities. The responsibilities of the WIA Case Manager include the following: (1) handle the eligibility determination process for all customers referred to program; (2) review customer prerequisite for training, including career planning and using labor market information; (3) assist with referrals to VTR or WEX; (4) prepare and timely submit required paperwork; (6) screen and coordinate services with other One -Stop Center partners; (6) coordinate training to placement activities; and (7) offer supportive and follow -up services. 3.11 Supportive Services: Payments made by ADMINISTRATOR provided to or on behalf of WTW participants for child care, transportation, and ancillary expenses. 3.12 Welfare -To -Work (WTW): A mandated program under CalWORKs which requires parents or caretakers in families on Ca1WORKs assistance, unless exempted, to meet work requirements by participating in WTW activities with a (WAM0811) 6 of 40 all : :� (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 goal of unsubsidized employment leading to self- sufficiency. 3.13 WTW Staff: An SSA employee or contracted case management staff, either an Initial Services Worker (ISW) or WTW Case Manager (WTW CM), who is assigned to each WTW participant to supervise the progression of the participant through the WTW program and has primary responsibility to resolve the participant's supportive services needs. 3.14 Welfare -To -Work Plan: A plan developed by WTW staff and the participant that specifies work related activities in which the participant shall engage and the supportive services to be provided to the participant. 3.15 Worksite: An employment site for WEX training activities at public or private, for - profit or not - for - profit organizations. 4. STATUS OF CONTRACTOR CONTRACTOR is and shall at all times be deemed to be an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this Agreement. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CONTRACTOR or any of CONTRACTOR's agents or employees. CONTRACTOR assumes exclusively the responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment. CONTRACTOR, its agents, employees, and volunteers shall not be entitled to any rights and /or privileges of COUNTY employees, and shall not be considered in any manner to be COUNTY employees. 5. DESCRIPTION OF SERVICES, STAFFING 5,1 CONTRACTOR agrees to provide those services, facilities, equipment and supplies as described in the Exhibit "A" to the Agreement between County of Orange and City of Santa Ana for the Provision of Vocational Training Activities and Work Experience, attached hereto and incorporated herein by (WAM0811) 7 of 40 W. al (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reference. CONTRACTOR shall operate continuously throughout the term of this Agreement with the number and type of staff described and as required for provision of services hereunder pursuant to the personnel disclosure provisions of this Agreement. 5.2 Subject to thirty (30) days written notice, ADMINISTRATOR may, in his or her sole discretion, require changes in staffing allocations to reflect current workload demands or service needs as long as COUNTY's maximum obligation as set forth in this Agreement is not exceeded. 5.3 Upon the request of ADMINISTRATOR, CONTRACTOR shall send appropriate staff to attend an orientation session and subsequent training sessions given by COUNTY, 6. LICENSES AND STANDARDS 6.1 CONTRACTOR warrants that it has all necessary licenses and permits required by the laws of the United States, State of California, County of Orange, and all other appropriate governmental agencies, and agrees to maintain these licenses and permits in effect for the duration of this Agreement. Further, CONTRACTOR warrants that its employees shall conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to sexual harassment and ethical behavior. 6.2 In the performance of this Agreement, CONTRACTOR shall comply, unless waived in whole or in part by ADMINISTRATOR, with all applicable provisions of the California Welfare and Institutions Code (WIC); Title 45 of the Code of Federal Regulations (CFR); Federal Office of Management and Budget (OMB) Circulars A -21, A -122, and A -87; Title 48 CFR Section 31.2; and all applicable laws and regulations of the United States, State of California, County of Orange Social Services Agency and all administrative regulations, rules and policies adopted thereunder as each and all may now exist or be (WAM0811) 8 of 40 (December 22, 2011) q1 1� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 hereafter amended. 6.2.1 For federally funded Agreements in the amount of $25,000 or more, CONTRACTOR certifies that said Agency's officers and /or principals are not debarred or suspended from federal financial assistance programs and /or activities. 7. DELEGATION AND ASSIGNMENT /SUBCONTRACTS 7.1 Delegation and Assignment: CONTRACTOR shall neither delegate its duties or obligations nor assign its rights with respect to this Agreement, either in whole or in part. Any such attempted delegation or assignment shall be void. The transfer of assets in excess of ten (10) percent of the total assets of CONTRACTOR, or any change in the corporate structure, the governing body, or the management of CONTRACTOR, which occurs as a result of such transfer, shall be deemed an assignment of benefits under the terms of this Agreement and shall be void. 7.2 Subcontracts: CONTRACTOR shall not subcontract for services under this Agreement without the prior written consent of ADMINISTRATOR. If ADMINISTRATOR consents in writing to a subcontract, in no event shall the subcontract alter, in any way, any legal responsibility of CONTRACTOR to COUNTY. All subcontracts must be in writing and copies of same shall be provided to ADMINISTRATOR. CONTRACTOR shall include in each subcontract any provision ADMINISTRATOR may require. 7.2.1 Subcontracts of $25,000 or less: CONTRACTOR shall develop a standard form Purchase Order, subject to prior written approval of ADMINISTRATOR, to be utilized for the purchase of services by CONTRACTOR when the cumulative total cost of the services to be provided by any organization is anticipated to be twenty -five thousand dollars ($25,000) or less during the term of this Agreement. The (WAM0811) 9of40 20B -11 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 basis for costs incurred by any such Purchase Order(s) shall be the actual cost of providing services or the usual and customary charges established by the organization(s) providing the services. 7.2.2 Subcontracts in excess of $25,000: CONTRACTOR shall develop and submit for approval to ADMINISTRATOR a system for the procurement of subcontracts with any organization in which the total cumulative cost of services provided by any single organization is anticipated to exceed twenty -five thousand dollars ($25,000) during the term of this Agreement. CONTRACTOR's proposed procurement system shall take into consideration such factors as: degree of price competition; pricing policies and techniques; experience and quality of service; methods of evaluating subcontractor responsibility; relationship of subcontractor to CONTRACTOR; and planning, award, and post -award management of subcontracts, including internal audit procedures and monitoring of subcontractor's performance until completion of services. Upon ADMINISTRATOR's approval of CONTRACTOR's proposed procurement system, CONTRACTOR shall comply with such procurement system in obtaining subcontracts with a total cost in excess of twenty -five thousand dollars ($25,000) during the term of this Agreement. In addition, CONTRACTOR shall obtain ADMINISTRATOR's written consent prior to entering into a subcontract with any organization when the total cumulative cost of services to be provided by that organization is anticipated to exceed twenty -five thousand dollars ($25,000) during the term of this Agreement. CONTRACTOR and its subcontractors) shall establish and maintain accurate and complete financial records related to services provided under the terms of this Agreement. Such records may be subject to the satisfaction of ADMINISTRATOR, and to the examination and audit by ADMINISTRATOR or designee, for a period of five (5) years, or until any (WAM0811) 10 of 40 (December 22, 2011) all: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 pending audit is completed. 8. FORM OF BUSINESS ORGANIZATION AND REAL PROPERTY DISCLOSURE 8.1 Form of Business Organization: Upon the request of ADMINISTRATOR, CONTRACTOR shall prepare and submit, within thirty (30) days thereafter, an affidavit executed by persons satisfactory to ADMINISTRATOR containing, but not limited to, the following information: 8.1.1 The form of CONTRACTOR's business organization, i.e., proprietorship, partnership, corporation, etc. 8.1.2 A detailed statement indicating the relationship of CONTRACTOR, by way of ownership or otherwise, to any parent organization or individual. 8.1.3 A detailed statement indicating the relationship of CONTRACTOR to any subsidiary business organization or to any individual who may be providing services, supplies, material or equipment to CONTRACTOR or in any manner does business with CONTRACTOR under this Agreement. 8.2 Change in Form of Business Organization: If during the term of this Agreement the form of CONTRACTOR's business organization changes, or the ownership of CONTRACTOR changes, or CONTRACTOR's relationship to other businesses dealing with CONTRACTOR under this Agreement changes, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing, detailing such changes. A change in the form of business organization may, at COUNTY's sole discretion, be treated as an attempted assignment of rights or delegation of duties of this Agreement. 8.3 Real Property Disclosure: If CONTRACTOR is occupying any real property under any agreement, oral or written, where persons are to receive services hereunder, CONTRACTOR shall submit the following information in addition to a copy of the lease, (WAM0811) 11 of 40 (December 22, 2011) 411:5141 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 license or rental agreement, as well as any other information requested, prior to the provision of services under this Agreement: 8.3.1 The location by street address and city of any such real property. 8.3.2 The fair market value of any such real property as such value is reflected on the most recently issued County Tax Collector's tax bill. 8.3.3 A detailed description of all existing and pending agreements, with respect to the use or occupation of any such real property. Such description shall include, but not be limited to: 8.3.3.1 The term duration of any rental, lease or license agreement; 8.3.3.2 The amount of monetary consideration to be paid to the lessor or licensor over the term of the rental, lease or license agreement; 8.3.3.3 The type and dollar value of any other consideration to be paid to the lessor or licensor; 8.3.3.4 The full names and addresses of all parties to any agreement concerning the real property and a listing of liens (if any) thereof, together with a listing by full names and addresses of all officers, directors and stockholders of any private corporation, and a similar listing of all general and limited partners of any partnership which is a party. 8.3.4 A listing by full names of all of CONTRACTOR'S officers, directors and /or partners, members of its administrative and advisory boards, staff and consultants, who have any family relationship by marriage or blood with a party to any agreement concerning real property referred to in Subparagraph 8.3.3, immediately above, or who have any present or future financial interest in such person's business, whether the entity concerned is (WAM0811) 12 of 40 41 = (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a corporation or partnership. Such listing shall also include the full names of all of CONTRACTOR's officers, directors, partners and those holding a financial interest. Included are members of its advisory boards, members of its staff and consultants, who have any family relationship by marriage or blood to an officer, director, or stockholder of the corporation or to any partner of the partnership. In preparing the latter listing, CONTRACTOR shall also indicate the names of the officers, directors, stockholders, or partner(s), as appropriate, and the family relationship which exists between such person(s) and CONTRACTOR's representatives listed. 8.3.5 True and correct copies of all agreements with respect to any such real property shall be appended to the affidavit described above and made a part thereof. If, during the term of this Agreement, there is a change in the agreement(s) with respect to real property where persons receive services, CONTRACTOR shall promptly notify ADMINISTRATOR, in writing, describing such changes. 9. NON - DISCRIMINATION 9.1 In the performance of this Agreement, CONTRACTOR agrees that it shall not engage nor employ any unlawful discriminatory practices in the admission of clients, provision of services or benefits, assignment of accommodations, treatment, evaluation, employment of personnel or in any other respect on the basis of sex, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, physical or mental disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. 9.2 CONTRACTOR shall develop an Affirmative Action Program Plan which meets the lawful and applicable requirements of the U.S. Department of Health and Human Services. (WAM0811) 13 of 40 20B -15 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9.3 CONTRACTOR shall furnish any and all information requested by ADMINISTRATOR and shall permit ADMINISTRATOR access, during business hours, to books, records and accounts in order to ascertain CONTRACTOR's compliance with Paragraph 9 et seq. 9.4 CONTRACTOR shall comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented in Department of Labor regulations (Title 41 CFR Part 60). 9.5 Non - Discrimination in Employment 9.5.1 All solicitations or advertisements for employees placed by or on behalf of CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to sex, race, color, ethnicity, national origin, ancestry, religion, age, marital status, medical condition, sexual orientation, sexual preference, physical or mental disability or any other protected group in accordance with the requirements of all applicable Federal or State laws. Notices describing the provisions of the equal opportunity clause shall be posted in a conspicuous place for employees and job applicants. 9.5.2 CONTRACTOR shall refer any and all employees desirous of filing a formal discrimination complaint to: California Department of Social Services Public Inquiry and Response Bureau P.O. Box 944243, M.S. 8 -3 -23 Sacramento, CA 94244 -2430 Telephone: (800) 952 -5253 (800) 952 -8349 (For the hard of hearing) 9.6 Non- Discrimination in Service Delivery 9.6.1 CONTRACTOR shall comply with Titles VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of (WAM0811) 14 of 40 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in particular Section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code (CGC) Sections 11135 - 11139.5, as amended; CGC Section 12940 (c) , (h) (1) , (i) , and (j); CGC Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000 - 98413; Title 24, CCR Section 3105A(e); the Dymally- Alatorre Bilingual Services Act (CGC Section 7290 - 7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable Federal and State laws, as well as their implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 CFR Part 15; and Title 28 CFR Part 42), and any other law pertaining to Equal Employment Opportunity, Affirmative Action and Nondiscrimination as each may now exist or be hereafter amended. CONTRACTOR shall not implement any administrative methods or procedures which would have a discriminatory effect or which would violate the California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 21, Chapter 21 -100. If there are any violations of this paragraph, CDSS shall have the right to invoke fiscal sanctions or other legal remedies in accordance with WIC Section 10605, or CGC Sections 11135 - 11139.5, or any other laws, or the issue may be referred to the appropriate Federal agency for further compliance action and enforcement of Subparagraph 9.6 et seq. 9.6.2 CONTRACTOR shall provide any and all clients desirous of filing formal complaint any and all information as appropriate: 9.6.2.1 Pamphlet: "Your Rights Under California Welfare Programs" (PUB 13) 9.6.2.2 Discrimination Complaint Form 9.6.2.3 Civil Rights Contacts: (WAM0811) 15 of 40 (December 22, 2011) 20B -17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 County Civil Rights Contact: Orange County Social Services Agency Program Integrity Attn: Civil Rights Coordinator P.O. Box 22001 Santa Ana, CA 92702 -2001 Telephone: (714) 438 -8880 State Civil Rights Contact: California Department of Social Services Civil Rights Bureau P,O. Box 944243, M.S. 8 -16 -70 Sacramento, CA 94244 -2430 Federal Civil Rights Contact: U.S. Department of Health and Human Services Office of Civil Rights 50 U.N. Plaza, Room 322 San Francisco, CA 94102 10. NOTICES All notices, claims, correspondence, reports, and /or statements authorized or required by this Agreement shall be addressed as follows: COUNTY: County of Orange Social Services Agency Contract Services 888 N. Main Street Santa Ana, CA 92701 CONTRACTOR: Santa Ana W /O /R /K Center 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 All notices shall be deemed effective when in writing and deposited in the United States mail, first class, postage prepaid and addressed as above. Any notices, claims, correspondence, reports, and /or statements authorized or (WAM0811) 16 of 40 all :5 Fee� (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required by this Agreement addressed in any other fashion shall be deemed not given. ADMINISTRATOR and CONTRACTOR may mutually agree in writing to change the addresses to which notices are sent. 11. NOTICE OF DELAYS Except as otherwise provided under this Agreement, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Agreement, that party shall, within one (1) business day, give notice thereof, including all relevant information with respect thereto, to the other party. 12. INDEMNIFICATION AND INSURANCE 12.1 CONTRACTOR agrees to indemnify, defend with counsel approved in writing by COUNTY, and hold U.S. Department of Health and Human Services, the State, COUNTY, and their elected and appointed officials, officers, employees, agents and those special districts and agencies which COUNTY's Board of Supervisors acts as the governing Board ( "COUNTY INDEMNITEES ") harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by CONTRACTOR pursuant to this Agreement. If judgment is entered against CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CONTRACTOR and COUNTY agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. 12.2 COUNTY agrees to indemnify, and hold CONTRACTOR, its officers, employees, and agents harmless from any claims, demands or liability of any kind or nature, including but not limited to personal injury or property damage, arising from or related to the services, products or other performance provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against (WAM0811) 17 of 40 (December 22, 2011) all = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CONTRACTOR and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of CONTRACTOR, COUNTY and CONTRACTOR agree that liability will be apportioned as determined by the court. Neither party shall request a jury apportionment. 12.3 CONTRACTOR certifies it is self- insured against the perils of bodily injury /property damage, automobile liability, professional liability, workers' compensation, and sexual harassment. Should there be any material change in the provisions of the self - insurance program, CONTRACTOR shall provide thirty (30) days prior written notice to COUNTY. 12.4 Neither termination of this Agreement nor completion of the acts to be performed under this Agreement shall release any party from its obligation to indemnify as to claims or cause of action asserted. 12.5 Without limiting CONTRACTOR's liability for indemnification, CONTRACTOR attests that it is self- insured and shall maintain in force at all times during the term of this Agreement self - insurance covering its operations in the amounts acceptable to COUNTY. 12.6 If CONTRACTOR fails to maintain proof of insurance acceptable to the COUNTY for the full term of this Agreement. COUNTY may terminate this Agreement. 12.7 Letter of self - insurance evidencing the required insurance coverage shall be mailed to the County of Orange /SSA Contract Services, Attn: Contract Administrator upon request. 13. NOTIFICATION OF INCIDENTS, CLAIMS OR SUITS CONTRACTOR shall report to COUNTY: 13.1 Any accident or incident relating to services performed under this Agreement which involves injury or property damage which may result in the filing of a claim or lawsuit against CONTRACTOR and /or COUNTY. Such report shall be made in writing within twenty -four (24) hours of occurrence. (WAM0811) 18 of 40 (December 22. 2011) all- 1I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13.2 Any third party claim or lawsuit filed against CONTRACTOR arising from or related to services performed by CONTRACTOR under this Agreement. Such report shall be submitted to COUNTY within twenty -four (24) hour of occurrence, 13,3 Any injury to an employee of CONTRACTOR that occurs on COUNTY property. Such report shall be submitted to COUNTY within twenty -four (24) hours of occurrence, 13.4 Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of COUNTY property, monies, or securities entrusted to CONTRACTOR under the term of this Agreement. Such report shall be submitted to COUNTY within twenty -four (24) hour of occurrence. 14. 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 COUNTY. This obligation shall apply to CONTRACTOR's employees, agents, relatives, subcontractors, and third parties associated with accomplishing the work hereunder. CONTRACTOR's efforts shall include, but not be limited to, establishing precautions to prevent its employees or agents from making, receiving, providing, or offering gifts, entertainment, payments, loans, or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of COUNTY. 15. ANTI - PROSELYTISM PROVISION No funds provided directly to institutions or organizations to provide services and administer programs under Title 42 United States Code (USC) Section 604(a)(1)(A) shall be expended for sectarian worship, instruction, or proselytization, except as otherwise permitted by law. (WAM0811) 19 of 40 20B -21 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16. SUPPLANTING GOVERNMENT FUNDS CONTRACTOR shall not supplant any Federal, State or COUNTY funds intended for the purposes of this Agreement with any funds made available under this Agreement. CONTRACTOR shall not claim reimbursement from COUNTY for, or apply sums received from COUNTY with respect to, that portion of its obligations which have been paid by another source of revenue. CONTRACTOR agrees that it shall not use funds received pursuant to this Agreement, either directly or indirectly, as a contribution or compensation for purposes of obtaining Federal, State or COUNTY funds under any Federal, State or COUNTY program without prior written approval of ADMINISTRATOR. 17, EQUIPMENT 17.1 All items purchased with funds provided under this Agreement or which are furnished to CONTRACTOR by COUNTY which have a single unit cost of at least five thousand dollars ($5,000.00), including sales tax, shall be considered Capital Equipment. Title to all items of Capital Equipment purchased vests and will remain in COUNTY as such shall be designated by ADMINISTRATOR. The use of such items of Capital Equipment is limited to the performance of this Agreement. Upon the termination of this Agreement, CONTRACTOR shall immediately return any items of Capital Equipment to COUNTY or its representatives, or dispose of them in accordance with the directions of ADMINISTRATOR. CONTRACTOR further agrees to the following: 17.1.1 To maintain all items of Capital Equipment in good working order and condition, normal wear and tear excepted. 17.1.2 To label all items of Capital Equipment, do periodic inventories as required by ADMINISTRATOR and to maintain an inventory list showing where and how the Capital Equipment is being used, in accordance with procedures developed by ADMINISTRATOR. All such lists shall be submitted to (WAM0811) 20 of 40 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMINISTRATOR within ten (10) days of any request therefore. 17.1.3 To report in writing to ADMINISTRATOR immediately after discovery, the loss or theft of any items of Capital Equipment. For stolen items, the local law enforcement agency must be contacted and a copy of the police report submitted to ADMINISTRATOR. 17.1.4 To purchase a policy or policies of insurance covering loss or damage to any and all Capital Equipment purchased under this Agreement, in the amount of the full replacement value thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious mischief and special extended perils (all risks) covering the parties' interests as they appear. 17.2 The purchase of any Capital Equipment by CONTRACTOR shall be requested in writing, shall require the prior written approval of ADMINISTRATOR, and shall fulfill the provisions of this Agreement which are appropriate and directly related to CONTRACTOR's service or activity under the terms of the Agreement. COUNTY may refuse reimbursement for any costs resulting from Capital Equipment purchased, which are incurred by CONTRACTOR, if prior written approval has not been obtained from ADMINISTRATOR. 17.3 No personal computers or any component thereof may be purchased with funds provided under this Agreement. 18. BREACH SANCTIONS Failure by CONTRACTOR to comply with any of the provisions, covenants, or conditions of this Agreement shall be a material breach of this Agreement. In such event ADMINISTRATOR may, in its sole discretion, and in addition to immediate termination and any other remedies available at law, in equity, or otherwise specified in this Agreement: 18.1 Afford CONTRACTOR a time period within which to cure the breach, which period shall be established at the sole discretion of ADMINISTRATOR; (WAM0811) 21 of 40 al = ? (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and /or 18.2 Discontinue reimbursement to CONTRACTOR for and during the period in which CONTRACTOR is in breach, which reimbursement shall not be entitled to later recovery; and /or 18.3 Offset against any monies billed by CONTRACTOR but yet unpaid by COUNTY those monies disallowed pursuant to Subparagraph 18.2 above. ADMINISTRATOR will give CONTRACTOR written notice of any action pursuant to this paragraph, which notice shall be deemed served on the date of mailing. 19. PAYMENTS 19.1 Maximum Contractual Obligation: The total maximum obligation of COUNTY under this Agreement shall not exceed the amount of $800,000; the amount of $200,000 for March 7, 2012 through June 30, 2012 and the amount of $600,000 for July 1, 2012 through June 30, 2013, or actual allowable costs, whichever is less. 19.2 Allowable Costs: During the term of this Agreement, COUNTY shall pay CONTRACTOR monthly in arrears, for actual allowable costs incurred and paid by CONTRACTOR pursuant to this Agreement, as defined in OMB Circular A -87 or as approved by ADMINISTRATOR. However, COUNTY, in its sole discretion, may pay CONTRACTOR for anticipated allowable costs that will be incurred by CONTRACTOR for June 2012 and June 2013, during the month of such anticipated expenditure. 19.3 Claims: 19.3.1 CONTRACTOR shall submit monthly reimbursement claims to be received by ADMINISTRATOR no later than the twentieth (20th) calendar day of the month for expenses incurred in the preceding month. In the event the twentieth (20th) calendar day falls on a weekend or COUNTY holiday, CONTRACTOR shall submit the claim the next business day. COUNTY holidays include New (WAM0811) 22 of 40 (December 22, 2011) al = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Year's Day, Martin Luther King Day, President Lincoln's Birthday, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. 19.3.2 All reimbursement claims must be submitted on a form approved by ADMINISTRATOR. ADMINISTRATOR may require CONTRACTOR to submit supporting source documents with the monthly claim, including, inter alia, a monthly statement of services, general ledgers, supporting journals, time sheets, invoices, canceled checks, receipts, and receiving records, some of which may be required to be copied. Source documents that CONTRACTOR must submit shall be determined by ADMINISTRATOR and /or the COUNTY's Auditor - Controller. CONTRACTOR shall retain all financial records in accordance with Paragraph 26 (Records, Inspections, and Audits) of this Agreement. 19.3.3 Payments should be released by COUNTY within a reasonable time period of approximately thirty (30) days after receipt of a correctly completed claim form and required supporting documentation. 19.4 Year End and Final Claims: 19,4.1 Final claims for the term of March 7, 2012 through June 30, 2012, must be received no later than August 30, 2012 at 5:00 p.m. 19.4.2 Final claims for the term of July 1, 2012 through June 30, 2013, must be received no later than August 30, 2013 at 5:00 p.m. 19.4.3 Claims received after the dates specified in Subparagraphs 19.4.1 and 19.4.2 may not be reimbursed. ADMINISTRATOR may, in its sole discretion, modify the date upon which the final claim per term must be received, upon written notice to CONTRACTOR. 19.4.4 The basis for final settlement shall be the actual allowable costs as defined in Title 45 CFR and OMB Circular A -87, incurred and paid by CONTRACTOR pursuant to this Agreement; limited, however, to the maximum obligation of COUNTY. In the event that any overpayment has been (WAM0811) 23 of 40 (December 22, 2011) 20B -25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 made, COUNTY may offset the amount of the overpayment against the final payment. In the event overpayment exceeds the final payment, CONTRACTOR shall pay COUNTY all such sums within five (5) days of notice from COUNTY. Nothing herein shall be construed as limiting the remedies of COUNTY in the event an overpayment has been made. 19.5 Seventy -Five Percent Expenditure Notifications: 19.5.1 CONTRACTOR shall maintain a system of record keeping that will allow CONTRACTOR to determine when it has incurred seventy -five percent (75 %) of the total contract authorizations under this Agreement. Upon occurrence of this event, CONTRACTOR shall send written notification to ADMINISTRATOR. 20. OVERPAYMENTS Any payment(s) made by COUNTY to CONTRACTOR in excess of that to which CONTRACTOR is entitled under this Agreement shall be repaid to COUNTY, in accordance with any applicable regulations and /or policies in effect during the term of this Agreement, or as established by COUNTY procedure. Any overpayments made by COUNTY which result from a payment by any other funding source shall be repaid, at the discretion of ADMINISTRATOR, to COUNTY or the funding source. Unless earlier repaid, CONTRACTOR shall make repayment within thirty (30) days after the date of the final audit findings report and prior to any administrative appeal process. In the event an overpayment owing by CONTRACTOR is collected from COUNTY by the funding source, then CONTRACTOR shall reimburse COUNTY within thirty (30) days thereafter and prior to any administrative appeal process. CONTRACTOR agrees to pay all costs incurred by COUNTY necessary to enforce the provisions set forth in this paragraph. 21. OUTSTANDING DEBT CONTRACTOR shall have no outstanding debt with ADMINISTRATOR, or shall be in the process of resolving outstanding debt to ADMINISTRATOR's (WAM0811) 24 of 40 (December 22, 2011) all�� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 satisfaction, prior to entering into and during the term of this Agreement. 22. REVENUE 22.1 Whenever CONTRACTOR receives any money specifically designated for use in programs funded through this Agreement, such monies shall be considered a cost off -set and treated as a reduction against the amount claimed by CONTRACTOR, except for Program Income as defined in Title 45 CFR Section 92.25, as that section currently exists or may be hereafter amended. The procedure for designating money as Program Income is set forth in Paragraph 23 of this Agreement. 23. PROGRAM INCOME It is mutually understood that the State or Federal agency responsible for providing the funding for this Agreement may designate certain revenue of CONTRACTOR as Program Income. To be designated as Program Income and, therefore, as other than a cost off -set, CONTRACTOR shall do all of the following: 23.1 Submit a plan to ADMINISTRATOR for the use of any and all proposed Program Income; 23.2 Set up and maintain a separate bank account for any proposed Program Income and account for any and all such income received; and 23.3 Report to ADMINISTRATOR any and all Program Income received no later than thirty (30) days from the date of receipt, record the amount received on internal financial records, and indicate the amount received on the monthly claim submitted to ADMINISTRATOR. 23.4 ADMINISTRATOR will then forward the plan for the requested use of the proposed Program Income to the appropriate State and /or Federal agencies for approval. 23.5 CONTRACTOR shall not spend any of the proposed Program Income unless or until such time as ADMINISTRATOR obtains authorization for the use (WAM0811) 25 of 40 (December 22. 2011) 20B -27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the Program Income from the responsible State and /or Federal agency and provides CONTRACTOR with prior written approval for the use of the funds. 23.6 ADMINISTRATOR may, in its sole discretion, issue future policy statements and /or instructions with respect to Program Income. CONTRACTOR shall immediately comply with such policy statements and /or instructions. 24. FINAL REPORT CONTRACTOR shall complete and submit to ADMINISTRATOR a final report within sixty (60) days after the termination of this Agreement, which shall summarize the activities and services provided by CONTRACTOR during the term of this Agreement, CONTRACTOR and ADMINISTRATOR may mutually agree in writing to modify the date upon which the final report must be submitted. 25. INDEPENDENT AUDIT 25.1 CONTRACTOR shall employ a licensed certified public accountant who shall prepare and file with ADMINISTRATOR an annual organization -wide audit of related expenditures during the term of this Agreement in compliance with the OMB Circular A -133, Audits of States, Local Governments and Non - Profit Organizations. The audit must be performed in accordance with generally accepted government auditing standards and OMB Circular A -87. 25.2 It is mutually understood that CONTRACTOR's organization -wide audit covers fiscal years beginning July 1 and ending June 30. CONTRACTOR agrees to provide ADMINISTRATOR with a copy of its organization -wide audit for the period July 1, 2011, through June 30, 2012, by August 30, 2012. CONTRACTOR further agrees to provide ADMINISTRATOR with copies of its organization -wide audits for the period July 1, 2012, through June 30, 2013, by August 30, 2013. Failure to provide a copy of the organization -wide audits, for the period March 7, 2012, through June 30, 2013, shall be sufficient cause for ADMINISTRATOR, in its sole discretion, to deny payment under this or any subsequent Agreement with CONTRACTOR until such time as the (WAM0811) 26 of 40 (December 22, 2011) all: :� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 required audits are provided to ADMINISTRATOR. ADMINISTRATOR may, in its sole discretion, modify the date upon which the organization -wide audits must be received, upon notice to CONTRACTOR. 26. RECORDS, INSPECTIONS AND AUDITS 26.1 Financial Records: 26.1.1 CONTRACTOR shall prepare and maintain accurate and complete financial records. Financial records shall be retained, by CONTRACTOR, for a minimum of five (5) years from the date of final payment under this Agreement or until all pending COUNTY, State and Federal audits are completed, whichever is later. 26.1.2 CONTRACTOR shall establish and maintain reasonable accounting, internal control and financial reporting standards in conformity with generally accepted accounting principles established by the American Institute of Certified Public Accountants and to the satisfaction of ADMINISTRATOR. 26.2 Participant Records: 26.2.1 CONTRACTOR shall prepare and maintain accurate and complete records of participants served and dates and type of services provided under the terms of this Agreement in a form acceptable to ADMINISTRATOR. 26.2.2 All participant records related to services provided under the terms of this Agreement shall be retained by CONTRACTOR for a minimum of five (5) years from the date of final payment under this Agreement or until all pending COUNTY, State, and Federal audits are completed, whichever is later. Notwithstanding anything to the contrary, upon termination of this Agreement, CONTRACTOR shall relinquish control with respect to participant records to COUNTY in accordance with Subparagraph 43.2, 26.2.3 COUNTY may refuse payment for a claim if participant (WAM0811) 27 of 40 (December 22, 2011) all: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 records are determined by COUNTY to be incomplete or inaccurate. In the event participant records are determined to be incomplete or inaccurate after payment has been made, COUNTY may treat such payment as an overpayment within the provisions of this Agreement. 26.3 Public Records: With the exception of participant records or other records referenced in Paragraph 31, entitled Confidentiality, all records, including but not limited to, reports, audits, notices, claims, statements and correspondence, required by this Agreement may be subject to public disclosure. COUNTY will not be liable for any such disclosure. 26.4 Inspections and Audits: 26.4.1 The U.S. Department of Health and Human Services, Comptroller General of the United States, Director of CDSS, State Auditor - General, ADMINISTRATOR, COUNTY's Auditor - Controller and Internal Audit Department, or any of their authorized representatives, shall have access to any books, documents, papers and records, including medical records, of CONTRACTOR which any of them may determine to be pertinent to this Agreement for the purpose of financial monitoring. Further, all the above mentioned persons have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed under this Agreement and the premises in which it is being performed. 26.4.2 CONTRACTOR shall make available its books and financial records within the borders of Orange County within ten (10) days after receipt of written demand by ADMINISTRATOR. 26.4.3 In the event CONTRACTOR does not make available its books and financial records within the borders of Orange County, CONTRACTOR agrees to pay all necessary and reasonable expenses incurred by COUNTY, or COUNTY's designee, necessary to obtain CONTRACTOR's books and financial records. (WAM0811) 28 of 40 all-:151C (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26.4.4 CONTRACTOR shall pay to COUNTY the full amount of COUNTY's liability to the State or Federal government or any agency thereof resulting from any disallowances or other audit exceptions to the extent that such liability is attributable to CONTRACTOR's failure to perform under this Agreement. 26.5 Evaluation Studies: CONTRACTOR shall participate as requested by COUNTY in research and /or evaluative studies designed to show the effectiveness and /or efficiency of CONTRACTOR's services or provide information about CONTRACTOR's project 27. PERSONNEL DISCLOSURE 27.1 CONTRACTOR shall make available to ADMINISTRATOR a current list of all personnel providing services hereunder, including resumes and job applications. Changes to the list will be immediately provided to ADMINISTRATOR in writing, along with a copy of a resume and /or job application. The list shall include: 27.1.1 Names of all full or part -time personnel by title, including volunteer personnel, whose direct services are required to provide the programs described herein; 27.1.2 A brief description of the functions of each position and the hours each person works each week; or for part -time personnel, each day or month, as appropriate; 27.1.3 The professional degree, if applicable, and experience required for each position; and 27.1.4 The language skill, if applicable, for all personnel. 27.2 CONTRACTOR's employment applications shall require applicants to provide detailed information regarding the conviction of a crime by any court, for offenses other than minor traffic offenses. Information not disclosed in the employment application discovered subsequent to the hiring or promotion of (WAM0811) 29 of 40 (December 22, 2011) all-:151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 any applicant shall be cause for termination of that employee. 27.3 Where authorized by law, CONTRACTOR shall conduct, at no cost to the COUNTY, criminal record background checks on all employees and /or volunteers who will provide services under this Agreement, Candidates will satisfy background checks consistent with and comparable to those required for COUNTY employees. 27.4 CONTRACTOR warrants that all persons employed or otherwise assigned by CONTRACTOR to provide services under this Agreement have satisfactory past work records and /or reference checks indicating their ability to perform the required duties and accept the kind of responsibility anticipated under this Agreement. CONTRACTOR shall maintain records of background investigations and reference checks undertaken and coordinated by CONTRACTOR for each employee and /or volunteer assigned to provide services under this Agreement for a minimum of five (5) years from the date of final payment under this Agreement or until all pending COUNTY, State and Federal audits are completed, whichever is later, in compliance with all applicable laws. 27.5 CONTRACTOR shall immediately notify ADMINISTRATOR concerning the arrest and /or subsequent conviction, for offenses other than minor traffic offenses, of any paid employee and /or volunteer staff performing services under this Agreement, when such information becomes known to CONTRACTOR. ADMINISTRATOR, in its sole discretion, may determine whether, such employee and /or volunteer may continue to provide services under this Agreement and shall provide notice of such determination to CONTRACTOR in writing. CONTRACTOR's failure to comply with ADMINISTRATOR's decision shall be deemed a material breach of this Agreement, pursuant to Paragraph 18 above. 27.6 COUNTY has the right to approve or disapprove all of CONTRACTOR's staff performing work hereunder and any proposed changes in CONTRACTOR's (WAM0811) 30 of 40 (December 22, 2011) 411:11m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 staff, including, but not limited to, CONTRACTOR's One Stop Manager. 27.7 COUNTY shall have the right, at its sole discretion, to require CONTRACTOR to remove any employee from the performance of services under this Agreement. At the request of COUNTY, CONTRACTOR shall immediately replace said personnel, 27.8 CONTRACTOR shall notify COUNTY immediately when staff is terminated for cause from working on this Agreement. 27.9 Disqualification, if any, of CONTRACTOR staff, pursuant to Paragraph 27, shall not relieve CONTRACTOR of its obligation to complete all work in accordance with the terms and conditions of this Agreement. 28. EMPLOYMENT ELIGIBILITY VERIFICATION As applicable, CONTRACTOR warrants that it fully complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Agreement meet the citizenship or alien status requirement set forth in Federal statutes and regulations. CONTRACTOR shall obtain, from all employees performing work hereunder, all verification and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration Reform and Control Act of 1986, 8 U.S.C. §1324 et seq., as they currently exist and as they may be hereafter amended. CONTRACTOR shall retain all such documentation for all covered employees for the period prescribed by the law. CONTRACTOR shall indemnify, defend with counsel approved in writing by COUNTY, and hold harmless, COUNTY, its agents, officers, and employees from employer sanctions and any other liability which may be assessed against CONTRACTOR or COUNTY or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Agreement. (WAM0811) 31 of 40 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29. CHILD AND DEPENDENT ADULT /ELDER ABUSE REPORTING CONTRACTOR shall establish a procedure acceptable to ADMINISTRATOR to ensure that all employees, volunteers, consultants, or agents performing services under this Agreement report child abuse or neglect to one of the agencies specified in Penal Code Section 11165.9 and dependent adult or elder abuse as defined in Section 15610.07 of the WIC to one of the agencies specified in WIC Section 15630. CONTRACTOR shall require such employee, volunteer, consultant or agent to sign a statement acknowledging the child abuse reporting requirements set forth in Sections 11166 and 11166.05 of the Penal Code and the dependent adult and elder abuse reporting requirements as set forth in Section 15630 of the WIC and will comply with the provisions of these code sections as they now exist or as they may hereafter be amended. 30. NOTICE TO EMPLOYEES REGARDING THE SAFELY SURRENDERED BABY LAW CONTRACTOR shall notify and provide to its employees, a fact sheet regarding the Safely Surrendered Baby Law, its implementation in Orange County, and where and how to safely surrender a baby. The fact sheet is available on the Internet at www.babysafe.ca.gov for printing purposes. The information shall be posted in all reception areas where clients are served. 31. CONFIDENTIALITY 31.1 CONTRACTOR agrees to maintain the confidentiality of its records pursuant to WIC Sections 10850 - 10853, the CDSS MPP, Division 19 -000, and all other provisions of law, and regulations promulgated thereunder relating to privacy and confidentiality, as each may now exist or be hereafter amended. 31.2 All records and information concerning any and all persons referred to CONTRACTOR by COUNTY or COUNTY's designee shall be considered and kept confidential by CONTRACTOR, CONTRACTOR's staff, agents, employees, and volunteers. CONTRACTOR shall require all of its employees, agents, subcontractors and volunteer staff who may provide services for CONTRACTOR (WAM0811) 32 of 40 al = (December 22. 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 under this Agreement to sign an agreement with CONTRACTOR before commencing the provision of any such services, to maintain the confidentiality of any and all materials and information with which they may come into contact, or the identities or any identifying characteristics or information with respect to any and all participants referred to CONTRACTOR by COUNTY, except as may be required to provide services under this Agreement or to those specified in this Agreement as having the capacity to audit CONTRACTOR, and as to the latter, only during such audit. CONTRACTOR shall comply with any audits specified in Paragraph 26, provide reports and any other information required by COUNTY in the administration of this Agreement, and as otherwise permitted by law. 31.3 CONTRACTOR shall inform all of its employees, agents, subcontractors, volunteers and partners of this provision and that any person knowingly and intentionally violating the provisions of said State law may be guilty of a crime. 31.4 CONTRACTOR agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this Agreement. 32. COPYRIGHT ACCESS The U.S. Department of Health and Human Services, the CDSS, and COUNTY will have a royalty -free, nonexclusive and irrevocable license to publish, translate, or use, now and hereafter, all material developed under this Agreement including those covered by copyright. 33. WAIVER No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be (WAM0811) 33 of 40 al = � (December 22. 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 34. PETTY CASH CONTRACTOR is authorized to establish a petty cash fund in an amount not to exceed two hundred and fifty dollars ($250.00), 35. PUBLICITY 35.1 Information and solicitations, prepared and released by CONTRACTOR, concerning the services provided under this Agreement shall state that the program, wholly or in part, is funded through COUNTY, State and Federal government funds. 35.2 CONTRACTOR shall not disclose any details in connection with this Agreement to any person or entity except as may be otherwise provided hereunder or required by law. However, in recognizing CONTRACTOR's need to identify its services and related clients to sustain itself, COUNTY shall not inhibit CONTRACTOR from publishing its role under this Agreement within the following conditions; 35.2.1 CONTRACTOR shall develop all publicity material in a professional manner; and 35.2.2 During the term of this Agreement, CONTRACTOR shall not, and shall not authorize another to, publish or disseminate any commercial advertisements, press releases, feature articles, or other materials using the name of COUNTY without the prior written consent of COUNTY. COUNTY shall not unreasonably withhold written consent. 36. COUNTY RESPONSIBILITIES ADMINISTRATOR will provide consultation and technical assistance, and will monitor performance of CONTRACTOR in meeting the terms of this Agreement. (WAM0811) 34 of 40 all= j (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 37. REFERRALS 37.1 CONTRACTOR shall provide services to individuals referred by ADMINISTRATOR. 38. REPORTS CONTRACTOR shall provide information deemed necessary by ADMINISTRATOR to complete any State - required reports related to the services provided under this Agreement. CONTRACTOR shall maintain records and submit reports containing such data and information regarding the performance of CONTRACTOR's services, costs or other data relating to this Agreement, as may be requested by ADMINISTRATOR, upon a form approved by ADMINISTRATOR. ADMINISTRATOR may modify the provisions of this paragraph upon written notice to CONTRACTOR. 39. ENERGY EFFICIENCY STANDARDS As applicable, CONTRACTOR shall comply with the mandatory standards and policies relating to energy efficiency in the State Energy Conservation Plan (Title 24, CCR). 40. ENVIRONMENTAL PROTECTION STANDARDS CONTRACTOR shall be in compliance with Section 306 of the Clean Air Act [Title 42 USC Section 1857(h)], Section 508 of the Clean Water Act (Title 33 USC Section 1368), Executive Order 11738 and Environmental Protection Agency, hereinafter referred to as "EPA," regulations (Title 40 CFR Part 15), as any may now exist or be hereafter amended. Under these laws and regulations, CONTRACTOR assures that: 40.1 No facility to be utilized in the performance of the proposed grant has been listed on the EPA List of Violating Facilities; 40.2 It will notify COUNTY 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 (WAM0811) 35 of 40 (December 22, 2011) al = �l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to be listed on the EPA List of Violating Facilities; and 40.3 It will notify COUNTY and the EPA about any known violation of the above laws and regulations. 41. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS CONTRACTOR shall be in compliance with Section 319 of Public Law 101 -121 pursuant to Title 31 USC Section 1352 and the guidelines with respect to those provisions set down by the OMB and published in the Federal Register dated December 20, 1989, Volume 54, No. 243, pp. 52306 - 52332. Under these laws and regulations, it is mutually understood that any contract which utilizes Federal monies in excess of $100,000 must contain and CONTRACTOR must comply with the following provisions: A. The definitions and prohibitions contained in the clause at Federal Acquisition Regulation 52,203 -12, Limitation on Payments to Influence Certain Federal Transactions, included in this solicitation, are .hereby incorporated by reference in paragraph (B) of this certification. B. The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief as of December 23, 1989, that 1) No 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 on his or her behalf 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 (including profit or fee received under a covered Federal transaction) have (WAM0811) 36 of 40 (December 22, 2011) a 1 = JL:� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 on his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting Officer; and 3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly. C. Submission of this certification and disclosure is a prerequisite for making or entering into this Agreement imposed by Section 1352, Title 31, USC. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure. 42. POLITICAL ACTIVITY CONTRACTOR agrees that the funds provided herein shall not be used to promote, directly or indirectly, any political party, political candidate or political activity, except as permitted by law. 43. TERMINATION PROVISIONS 43.1 ADMINISTRATOR may terminate this Agreement without penalty immediately with cause or after thirty (30) days written notice without cause, unless otherwise specified. Notice shall be deemed served on the date of mailing. Cause shall be defined as any breach of contract, any misrepresentation or fraud on the part of CONTRACTOR. Exercise by ADMINISTRATOR of the right to terminate this Agreement shall relieve COUNTY of all further obligations under this Agreement. (WAM0811) 37 of 40 (December 22, 2011) al = �'� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 43,2 Upon termination, or notice thereof, CONTRACTOR agrees to cooperate with ADMINISTRATOR in the orderly transfer of service responsibilities, active case records, and pertinent documents. 43.3 The obligations of COUNTY under this Agreement are contingent upon the availability of Federal and /or State funds, as applicable, for the reimbursement of CONTRACTOR's expenditures, and inclusion of sufficient funds for the services hereunder in the budget approved by the Orange County Board of Supervisors each fiscal year this Agreement remains in effect or operation. In the event that such funding is terminated or reduced, ADMINISTRATOR may immediately terminate this Agreement, reduce COUNTY's maximum obligation, or modify this Agreement, without penalty. The decision of ADMINISTRATOR will be binding on CONTRACTOR. ADMINISTRATOR will provide CONTRACTOR with written notification of such determination. CONTRACTOR shall immediately comply with ADMINISTRATOR's decision. 43.4 If any provision of this Agreement or the application thereof is held invalid, the remainder of this Agreement shall not be affected thereby. 44. GOVERNING LAW AND VENUE This Agreement has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the parties specifically agree to waive any and all rights to request that an action be transferred for trial to another county. 45. SIGNATURE IN COUNTERPARTS The parties agree that separate copies of this Agreement may be signed (WAM0811) 38 of 40 (December 22, 2011) all C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by each of the parties and this Agreement will have the same force and effect as if the original had been signed by all the parties. (WAM0811) 39 of 40 all:] (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREFORE, the parties hereto have executed this Agreement in the County of Orange, California. By: PAUL WALTER, INTERIM CITY MANAGER OF SANTA ANA Dated: Attest: CITY MANAGER CLERK OF THE COUNCIL SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIR OF THE BOARD PER G.C. SEC, 25103, RESO 79 -1535 ATTEST: Clerk of the Board of Supervisors Orange County, California APPROVED AS TO FORM COUNTY COUNSEL COUNTY OF ORANGE, CALIFORNIA w By: -4, . kL4zn DEPUTY rl (WAM0811) Ns COUNTY OF ORANGE CHAIR OF THE BOARD OF SUPERVISORS Dated: APPROVED AS TO FORM; By: ASSISTANT CITY ATTORNEY RECOMMENDED FOR APPROVAL: BY: NANCY EDWARDS INTERIM EXECUTIVE DIRECTOR OF COMMUNITY DEVELOPMENT AGENCY 40 of 40 qi : - (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A TO AGREEMENT BETWEEN COUNTY OF ORANGE AND CITY OF SANTA ANA FOR THE PROVISION OF VOCATIONAL TRAINING ACTIVITIES AND WORK EXPERIENCE 1. PROGRAM OBJECTIVE AND GOALS The objective of the CalWORKS program is to foster family well -being by enhancing employability, addressing barriers to self- sufficiency, engaging participants in preparatory activities, and placing participants in paying jobs with appropriate support where they will earn enough, or consistently progress toward enough earnings, to be considered self - sufficient and surpass CalWORKS income limits. 1.1 CONTRACTOR shall provide Vocational Training (VTR) and Work Experience (WEX) activities to participants to prepare them for unsubsidized employment. 1.2 CONTRACTOR shall meet each of the following goals throughout the term of this Agreement: 1.2.1 VTR Enrollments: Ninety percent (90 %) of all participants, referred per Subparagraph 2 of this Exhibit A to this Agreement shall be enrolled in VTR activities. 1.2.2 WEX Enrollments: Ninety percent (90%) of all participants referred per Subparagraph 2 of this Exhibit A to this Agreement shall be enrolled in WEX activities. 1.2.3 VTR Completion Rate: Seventy percent (70%) of NAM08A11) 1 of 18 (December 22, 2011) al : a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 participants enrolled in VTR activities will complete the activities per the WTW staff referral. 1.2.4 WEX Completion Rate: Seventy percent (70 %) of participants placed at a WEX worksite will complete the program per the WTW staff referral. 1.2.5 VTR Employment Rate: Sixty percent (60 %) of CalWORKs WTW participants who attend VTR activities will obtain unsubsidized employment within thirty (30) calendar days of completing VTR activities. Employment will be verified on a format approved by ADMINISTRATOR. 1.2.6 WEX Employment Rate: Sixty percent (60 %) of CalWORKs WTW participants who attend WEX activities will obtain unsubsidized employment within thirty (30) calendar days of completing WEX activities. Employment will be verified on a format approved by ADMINISTRATOR. 2. POPULATION TO BE SERVED 2.1 Participants who meet all of the following criteria may be referred for VTR and WEX activities: 2.1.1 Meet all eligibility requirements of the VTR activity; 2.1.2 Are deemed suitable for the activity by WTW Staff; and 2.1.3 Have not obtained unsubsidized employment sufficient to meet minimum required hours of WTW participation: and 2.1.4 Have significant barriers to secure employment; and 2.1.5 Have completed a Vocational Assessment; and 2.1.6 Continue to meet CalWORKs financial eligibility criteria; and 2.1.7 Reside in Orange County. 2.2 CONTRACTOR agrees to provide services to participants referred to CONTRACTOR by ADMINISTRATOR under this Agreement. All participants referred to VTR activities must meet all eligibility requirements of the VTR activity. (WAM08A11) 2 of 18 (December 22, 2011) all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2.3 CONTRACTOR shall not refuse participants without discussion and concurrence by WTW staff prior to any action to minimize issues that impede participants' ability to complete VTR activities. 3. SERVICES 3.1 CONTRACTOR shall engage participants for the number of hours as referred by WTW staff. 3.2 Individual CalWORKs WTW participation requirements are currently as follows and are subject to change according to State and Federal mandates; 3.2.1 Thirty -two (32) hours per week in approved WTW activities for a one (1) parent Assistance Unit and a two (2) parent Assistance Unit in which deprivation is based on the disability of one (1) parent; or 3.2.2 Thirty -five (35) hours per week in approved WTW activities for two (2) parent Assistance Units. One (1) parent can satisfy the total thirty -five (35) hour requirement. If both parents contribute to the thirty - five (35) hour requirement then at least one parent shall participate a minimum of twenty (20) hours per week. 3.3 VTR is a temporary, transitional, and short -term educational activity, not to exceed twelve (12) months, to prepare participants for employment in a specific trade, occupation, or vocation. VTR activities must be provided by vocational- technical schools, postsecondary institutions or proprietary schools. VTR activities shall be made available to participants in areas identified as growth oriented, current or emerging occupation, meeting an unmet community need, and in high demand for new employees. VTR activities shall include, but not be limited to, the following: 3.3.1 Certified Nurse's Assistant 3.3.2 Office Technology 3.3.3 Child Care Provider 3.3.4 Medical Liens Collections (WAM08A11) 3 of 18 (December 22, 2011) al = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3.3.5 Health Care careers 3.3.6 Hospitality 3.3.7 Protective Services 3.3.8 Transportation 3.4 WEX is a planned, structured learning experience that occurs in the workplace for a limited period not to exceed four (4) months in length. The WEX work site may include public or private, for - profit or nonprofit organizations. WEX is a post- assessment activity designed to provide the participant exposure to work environments. Under close supervision, WEX activities provide basic job skills and enhance existing job skills and work experience while meeting an identified community need. 3.5 CONTRACTOR shall be reimbursed by COUNTY for one hundred percent (100 %) of the salary and benefits paid to each WEX participant. CONTRACTOR shall pay WEX participants at a rate not to exceed eight dollars ($8.00) per hour, or prevailing California Minimum Wage, for each hour worked, not to exceed the total number of hours referred by WTW staff. At the end of the training period it is generally expected that the employer will hire the participant as a regular employee. 3.6 CONTRACTOR shall obtain prior approval from ADMINISTRATOR for all VTR and WEX activities provided under this Agreement. 4. CONTRACTOR RESPONSIBILITIES CONTRACTOR shall; 4.1 Assign a SA WIB CM who will work closely with each participant and develop a relationship to understand the participant's needs, assess career goals, and arrange an appropriate VTR or WEX activity. 4.2 Provide an orientation to VTR and WEX activities to all participants. 4.3 Provide workshops that will enhance participants' success on the (WAM08A11) 4 of 18 (December 22, 2011) all 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 job, empower participants to manage conflict and change at the workplace, and assist participants in discovering opportunities for growth and development at any job. 4.4 Provide training, case management, and coaching to assist the participant in obtaining and retaining employment. 4.5 Assign participant to an appropriate VTR or WEX activity based on the participant's experience and interest within seven (7) business days from the date of the referral, unless otherwise directed by ADMINISTRATOR. 4.6 Monitor the progress of all participants by meeting every two (2) weeks, or more often if needed, with the participant and the training facility or work site to discuss action steps needed to successfully complete the program. 4.7 Use positive reinforcement techniques and ensure participants are aware that their assignment is being closely monitored. 4.8 Refer participants' supportive services needs, such as food, transportation, housing, legal assistance, and clothing, to WTW staff for assistance. 4.9 Maintain a case file for each participant served under this Agreement in each VTR and WEX activity in a format approved by ADMINISTRATOR. The case file will include, but not be limited to, the following: 4.9.1 Initial referral form. 4.9.2 Documentation of all correspondence in regards to the participant's participation in VTR or WEX activities, including any correspondence involving any subcontractors. 4.9.3 Participant attendance records. 4.9.4 Documentation, including dates, of any problem occurrences reported by the VTR or WEX work site. 4.9.5 All correspondence related to any Workers' Compensation NAM08A11) 5 of 18 (December 22, 2011) alUmh 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 injury. 4.10 Develop relationships with local businesses by networking and developing work sites for WEX participants. 4.11 Attend meetings as requested by ADMINISTRATOR. 4.12 Cooperate with ADMINISTRATOR with respect to sanctions applied to participants in the event of participant non- cooperation. This may include testifying at participant non - compliance hearings. 4.13 Provide internal forms that are not mandated by ADMINISTRATOR or by program requirements for review and approval by ADMINISTRATOR prior to implementation. 4.14 Ensure that all services provided to participants under this Agreement are conducted in a manner sensitive to literacy, language, and socio - cultural issues that may impact participants. CONTRACTOR's staff shall be trained in cultural differences to ensure their ability to recognize and assist participants who demonstrate language or cultural barriers to employment, including resistance to participation in Vocational Training activities (VTR) and Work Experience (WEX). CONTRACTOR shall employ staff who will provide services in the participant's language or obtain interpreters when necessary. 5. PRINCIPLES CONTRACTOR shall ensure that the delivery of services is based on the following principles: 5.1 Opportunities shall be maximized to provide integrated, coordinated and easily accessible resources for participants; 5.2 Services shall be family - friendly and family- centered; 5.3 Services shall be community -based and provide integrated services that coordinate Federal, State and community funding opportunities; 5.4 Participants' strengths shall be identified, utilizing (WAM08A11) 6 of 18 (December 22, 2011) al �� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 motivational and strength -based techniques; and 5.5 Services shall be outcome - driven and identify indicators that accurately reflect progress towards stated goals. 6. OUTSIDE CONTACTS 6.1 CONTRACTOR shall immediately inform ADMINISTRATOR of any inquiry from an elected official, their representative, participant advocate, or the press, and immediately provide information to ADMINISTRATOR for assistance in coordinating a response. 6.2 CONTRACTOR shall consult with ADMINISTRATOR prior to initiating contact with an elected official, their representative, participant advocate, or the press regarding programs provided under this contract. 7. FACILITIES 7.1 It is mutually understood that VTR and WEX activities shall be provided at a variety of facilities /work sites throughout Orange County, as defined by CONTRACTOR. It is mutually understood that participants will be referred to CONTRACTOR at the following facility; Santa Ana W /O /R /K Center 1000 E. Santa Ana Blvd., Suite 200 Santa Ana, CA 92701 7.2 Participants will have access to the Santa Ana W /O /R /K Center where they can access a wide variety of resources including labor market information and job vacancy listings. They will also have full access to computers with Internet connectivity, telephones, faxes, and copy machines. 7.3 CONTRACTOR and ADMINISTRATOR may mutually agree in writing to add, change, modify, or delete facility locations as necessary to best serve the needs of participants and ADMINISTRATOR. 8. REPORTING REQUIREMENTS 8.1 CONTRACTOR shall maintain records, collect data, and provide reports mandated by Federal and State governments and as may be required by (WAM08A11) 7 of 18 (December 22, 2011) all MV 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMINISTRATOR. Reporting requirements shall include all reports and data collection that is required to track goals and report progress as noted in Paragraph 1 of this Exhibit A to this Agreement. 8.2 Reports of problems, including attendance issues, achievements, or other inquiries about VTR /WEX activities shall be addressed immediately with the affected participant and employer /instructor; CONTRACTOR shall inform WTW staff within twenty -four (24) hours. This will allow for quick intervention and results oriented action to address the issue with the participant. 8.3 CONTRACTOR shall report each participant's monthly attendance and progress, including achievements, to WTW staff by the tenth (10th) calendar day of the following month in a report format approved by ADMINISTRATOR. 8.4 CONTRACTOR shall provide, by the tenth (10th) calendar day of each month, a status report for the preceding month, in a format approved by ADMINISTRATOR. The monthly status report shall identify, but not be limited to, the following: 8.4.1 Referrals received 8.4.2 Participants enrolled 8.4.3 Participants referred back to ADMINISTRATOR for non- attendance 8.4.4 Participants disenrolled by WTW staff 8.4.5 Participants carried forward from previous month 8.4.6 Completions of VTR /WEX activity 8.4.7 Placements in unsubsidized employment 8.4.8 Average wage 8.4.9 Complaints received 9. PERFORMANCE MONITORING AND REVIEW 9.1 CONTRACTOR's performance will be monitored and reviewed by ADMINISTRATOR. CONTRACTOR shall cooperate and assist ADMINISTRATOR in (WAM08A11) 8 of 18 (December 22, 2011) a1 M 1� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 monitoring performance. ADMINISTRATOR will conduct case reviews as part of an on -going evaluation of CONTRACTOR's performance. 9.2 ADMINISTRATOR may use a variety of inspection methods to evaluate CONTRACTOR's performance, including but not limited to: 9.2.1 Random sampling of program activities including a review of case files each month: 9.2.2 Activity checklists and random observations: 9.2.3 Inspect output items on a periodic basis as deemed necessary: 9.2.4 Computer Information System reported results: 9.2.5 Participants' complaints and /or participants' questionnaires; and 9.2.6 Service provider complaints or reports. 9.3 CONTRACTOR may require corrective action plans when it is determined that services are performed unsatisfactorily during the review period. CONTRACTOR shall remedy the performance defects within the time period specified in the corrective action plan. 9.4 Performance evaluation meetings will be conducted by ADMINISTRATOR as necessary. 9.5 CONTRACTOR shall cooperate with ADMINISTRATOR in providing the information necessary for monitoring this Agreement, and with authorized State or Federal representatives who may audit WTW Program services. 10. QUALITY CONTROL 10.1 CONTRACTOR shall maintain a complete internal Quality Control Plan to ensure that the requirements of this Agreement are met. The Quality Control Plan shall include, but not be limited to: 10.1.1 Activities to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished, and the title (WAM08A11) 9 of 18 (December 22, 2011) 20B -51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of the individual(s) who will perform the inspections; 10.1.2 Specific methods to identify and prevent deficiencies in the quality of service performed, prior to unacceptable performance levels; 10.1.3 Method for continuing services in the event of a strike of CONTRACTOR's employees or a natural disaster; and 10.1.4 Maintenance of all inspection files and, if necessary, corrective action taken. 10.2 CONTRACTOR shall cooperate with any third party audit or inspections as required by ADMINISTRATOR or other COUNTY, State or Federal agency. 11. WELFARE FRAUD 11.1 CONTRACTOR shall report to the appropriate CalWORKs WTW staff, when eligibility or supportive services payment fraud is suspected, either by the participant or a service provider. 12. HANDLING COMPLAINTS CONTRACTOR shall develop, operate, and maintain procedures for receiving, investigating, and responding to service providers and participant complaints, including Civil Rights complaints against direct service providers made by participants, requests for State Hearings and formal grievances, requests for COUNTY reviews, and other complaints relating to VTR activities and WEX. 12.1 ADMINISTRATOR shall be notified immediately of all Civil Rights complaints. 12.2 With respect to any complaints made by participants, CONTRACTOR shall identify issues with potential legal implications, and review any such cases with ADMINISTRATOR prior to responding to the complaints. 12.3 CONTRACTOR shall maintain a log for identification and response to participants' complaints. When complaints cannot be resolved informally, a (WAM08A11) 10 of 18 (December 22, 2011) 41 = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 system of follow- through shall be instituted which adheres to formal plans for specific actions and response to complaints within two (2) business days. 12.4 CONTRACTOR shall provide, in a format approved by ADMINISTRATOR, information pertaining to complaints, as well as CONTRACTOR's response to any complaints to ADMINISTRATOR, as described above, within ten (10) business days of the complaint. 12.5 CONTRACTOR shall include a summary of all complaints received in the Monthly Status Reports submitted to COUNTY per Subparagraph 8.4 above, 13. HOURS OF OPERATION At a minimum, CONTRACTOR shall maintain business hours of Monday through Friday from the hours of 8:00 a.m. to 5:00 p.m. (COUNTY holidays excluded) as well as scheduled evening and weekend hours to best meet the needs of participants and their families. See Subparagraph 19.3.1 of this Agreement for a list of COUNTY holidays. 14. BUDGET FOR PROVISION OF VTR AND WEX 14.1 The budget for services provided pursuant to Exhibit A of this Agreement shall span sixteen (16) months and is set forth as follows: Budget Period March 7, 2012 - June 30, 2012 Line Items Salaries and Benefits Workforce Specialist II Workforce Specialist II Fiscal Specialist Sr. Accounting Assistant Subtotal Salaries Benefits (25.4 %) Subtotal Salaries and Benefits (1)(2) Operations Communications User Fee Office Supplies Indirect Costs NAMHA11) 11 of 18 all _:S& Maximum Hourly Rate FTE Budget $29.63 1.00 $20,543 $29.99 1.00 $20,793 $36.59 0.03 $761 $27.37 0.05 $949 $43,046 $14,652 $57,698 $740 $4,703 $425 mn nnn (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subtotal Operations $8,158 Participant Costs Work Experience Wages('' $116,644 Benefits") $11,385 Vocational Training(5) $6,115 Subtotal Participant Costs $134,144 MAXIMUM COUNTY OBLIGATION (3/7/12 - 6/30/12) $200,000 Budget Period July 1, 2012 - June 30, 2013 Operations Communications $2,220 User Fee $14,108 Office Supplies $882 Indirect Costs $6,978 Subtotal Operations $24,188 Participant Costs Work Experience Wages (3) $196,551 Benefits(4) $19,184 Vocational Training(5) $191,975 Subtotal Participant Costs $407,710 MAXIMUM COUNTY OBLIGATION (7/1/12- 6/30/13) $600,000 TOTAL MAXIMUM COUNTY OBLIGATION (3/7/12- 6/30/13) $800,000 (1) Total salaries are calculated on maximum hourly rates. July 1, 2012 - June 30, 2013 salary costs are based on total hours worked that includes anticipated furlough hours for Workforce Specialist II and Fiscal Specialist positions. (2) Employee Benefits include health insurance, dental insurance, life NAM08A11) 12 of 18 (December 22, 2011) al = Maximum Line Items Hourly Rate FTE Cost Salaries and Benefits Workforce Specialist II $29.63 1.00 $57,838 Workforce Specialist II $29.99 1.00 $58,540 Fiscal Specialist $36.59 0.03 $2,143 Sr. Accounting Assistant $27.37 0.05 $2,846 Subtotal Salaries $121,367 Benefits (27.8 %) $46,735 Subtotal Salaries and Benefits1l "Z' $168,102 Operations Communications $2,220 User Fee $14,108 Office Supplies $882 Indirect Costs $6,978 Subtotal Operations $24,188 Participant Costs Work Experience Wages (3) $196,551 Benefits(4) $19,184 Vocational Training(5) $191,975 Subtotal Participant Costs $407,710 MAXIMUM COUNTY OBLIGATION (7/1/12- 6/30/13) $600,000 TOTAL MAXIMUM COUNTY OBLIGATION (3/7/12- 6/30/13) $800,000 (1) Total salaries are calculated on maximum hourly rates. July 1, 2012 - June 30, 2013 salary costs are based on total hours worked that includes anticipated furlough hours for Workforce Specialist II and Fiscal Specialist positions. (2) Employee Benefits include health insurance, dental insurance, life NAM08A11) 12 of 18 (December 22, 2011) al = 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 insurance, and long -term disability insurance. Also included are payroll taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and Worker's Compensation Tax, based on the currently prevailing rates. (3) Enrollments in WEX activities are contingent upon availability of funds and shall consist of a minimum of thirteen (13) enrollments for the period of March 7, 2012 through June 30, 2012; and forty (40) enrollments for the period of July 1, 2012 through June 30, 2013. (4) Benefits costs included are payroll taxes such as FICA, Federal Unemployment Tax, State Unemployment Tax, and Worker's Compensation Tax, based on the currently prevailing rates. (5) Enrollments in VTR activities are contingent upon availability of funds and shall consist of a minimum of thirteen (13) enrollments for the period of March 7, 2012 through June 30, 2012; and forty (40) enrollments for the period of July 1, 2012 through June 30, 2013. 14.2 CONTRACTOR and ADMINISTRATOR may agree, subject to advance written notice to add, delete, or otherwise modify line items and /or amounts and /or the number and type of FTE positions without changing COUNTY'S maximum obligation as stated in Subparagraph 19.1 of this Agreement or reducing the level of service to be provided by CONTRACTOR. Further, in accordance with Subparagraph 43.3 of this Agreement, in the event ADMINISTRATOR reduces the maximum obligation as stated in Subparagraph 19.1, CONTRACTOR and ADMINISTRATOR may mutually agree in writing to proportionately reduce the service goals as set forth in this Exhibit A to this Agreement. 15. STAFF CONTRACTOR shall employ staff with experience in placing participants with a limited English vocabulary in an environment that facilitates the development of the English language. CONTRACTOR's staff shall be able to read, write, speak, and understand English. CONTRACTOR shall provide bilingual staff to serve participants who speak Spanish or Vietnamese. The ratio of bilingual staff shall be consistent with and proportional to the target population, as determined by ADMINISTRATOR. In addition, CONTRACTOR shall be required to provide translation services for all other languages as needed to ensure all participants are provided services in the language they (WAM08A11) 13 of 18 (December 22, 2011) 20B -55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 speak. CONTRACTOR shall comply with all COUNTY, State, and Federal regulations regarding Limited English Proficiency (LEP). LEP regulations affect anyone who participates in a Federally funded program, and who has English as his or her second language and is limited in his or her English language proficiency. 15.1 Staff Training 15.1.1 CONTRACTOR's staff directly serving participants and first line supervisors shall be thoroughly familiar with the WTW service delivery model contained in the current Orange County CaIWORKS Plan, COUNTY policies and related instructions; COUNTY data systems, including service delivery and payment systems; welfare fraud and child abuse /elder abuse reporting requirements; the State Hearing process; and Civil Rights compliance requirements. 15.1.2 COUNTY will provide relevant program policies and operational procedures to CONTRACTOR during start -up, and subsequently as these materials are revised or new policies are developed. 15.1.3 COUNTY will provide initial training to a limited number of CONTRACTOR's staff with respect to CalWORKS WTW regulations and COUNTY policies and procedures. CONTRACTOR shall conduct subsequent training(s) and refresher training yearly. COUNTY will provide technical information to CONTRACTOR on these requirements, but it will be CONTRACTOR's sole responsibility to ensure that CONTRACTOR's staff understand and correctly implement the requirements cited when providing WTW services. 15.1.4 CONTRACTOR shall be required to attend training(s) and /or meetings that COUNTY determines to be mandatory, and provide CONTRACTOR staff with ongoing training and assistance to ensure that contract deliverables are met. 15.1.5 CONTRACTOR shall ensure that CONTRACTOR's staff receives (WAM08A11) 14 of 18 (December 22, 2011) alUIM161, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 training 1n understanding the cultural differences among groups of participants, and recognizes and effectively intervenes to overcome any language and /or cultural barriers to employment. 15.1.6 CONTRACTOR shall maintain a log of in -house training activities and participants. This log shall be made available to COUNTY upon request. 15.2 Staff Duties and Qualifications: CONTRACTOR shall provide the following described staff positions: 15.2.1 Workforce Specialist II (SA WIB Case Manager) Duties: 15.2.1.1 Determines applicant eligibility for workforce development programs, manages a caseload, advises clients of career and training opportunities, develops client's employment plan, and is responsible for client outcomes. 15.2.1.2 Oversees client job search activities and program enrollments, identifies and develops job opportunities appropriate to clients, and uses a computer to track client progress. 15.2.1.3 Markets services to employers and to job - seekers, conducts employment /job sector workshops, gives presentations and prepares informational materials, and maintains contacts within the business community to provide employers with qualified candidates. 15.2.1.4 Monitors employment rate /employee retention rate and customer satisfaction rate and develops plans for improvement. 15.2.1.5 Monitors eligibility and program files to ensure compliance with Federal and State regulations, including WTW regulations; performs site visits, and maintains details records and writes reports. 15.2.1.6 Collects and compiles data to generate detailed technical reports, writes articles, and prepares publications regarding the (WAM08A11) 15 of 18 (December 22, 2011) 20B -57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WIB to the public, 15.2.1.7 Organizes and implements WIB sponsored events, participates as a team player, and applies principles of Total Quality Service in all activities. Qualifications: 15.2.1.8 One (1) year of progressively responsible workforce development program experience or college level coursework in psychology, sociology, counseling, human services, business administration, accounting, public administration, and other related subjects may be used in combination with experience to meet the necessary qualifications, or any equivalent combination of training and experience which provides the desirable knowledge, skills, and abilities. 15.2.1.9 Knowledge of Federal and State regulations pertaining to workforce development programs, interviewing techniques and methods of determining program eligibility; employment market; agencies providing resources; methods of case management, data collections, and monitoring. 15.2.1.10 Ability to understand, interpret, and implement Federal and State regulations; organize and effectively manage a heavy and varied caseload to meet program performance standards; coordinate and conduct meetings; make public presentations; communicate clearly and concisely; and keep detailed and accurate records. 15.2.2 Fiscal Specialist Duties: 15.2.2.1 Prepares the Employment Services Division budget, monitors it on a weekly basis, and reconciles accounts. 15.2.2.2 Communicates with appropriate staff and government /business partners to ensure programs are implemented within the (WAM08A11) 16 of 18 (December 22, 2011) 4 1 : :] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parameters of the Workforce Investment Act, 15.2.2.3 Prepares and monitors contracts for services providers and conducts biannual monitoring of all programs and contactors. 15.2.2.4 Interface with regulators from the Federal and State governments, prepares written reports of visits, and ensures implementation of any corrective actions. 15.2.2.5 Prepares and monitors payroll, including participant timecards, to make sure that cost and hour overruns are reasonable. 15.2.2.6 Coordinates support staff work flow including the creation and retention of files for auditing purposes. 15.2.2.7 Interface with the landlord to ensure a healthy, comfortable, and professional work environment. Qualifications: 15.2.2.8 One (1) year experience in accounting, budgeting or monitoring /analyzing funding programs and a degree from an accredited four (4) year college or university with a degree in accounting, finance, business administration or related field, or any equivalent combination of education, training, and experience which provides the desirable knowledge, skills and abilities, 15.2.2.9 Knowledge of Federal and State Workforce Investment Act funding regulations, budgetary processes, and general accounting principles. 15.2.2,10 Ability to track programs and expenditures, evaluation accounting and financial problems, communicate clearly and concisely, and coordinate and schedule the work flow of individuals. 15.2.3 Senior Accounting Assistant (WAM08A11) 17 of 18 (December 22, 2011) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Duties: 15.2.3.1 Prepares and maintains financial and accounting records by gathering, assembling, tabulating, comparing, verifying, and posting financial and statistical data. 15.2.3.2 Prepares or verifies and processes bills, invoices, and similar documents. 15.2.3.3 Posts and balances cash books, ledgers, subsidiary journals, and other financial and accounting records. 15.2.3.4 Reconciles accounts to general ledgers and prepares routing reports and statements. 15.2.3.5 Analyzes and prepares reports of encumbrances and expenditures for department programs. 15.2.3.6 Performs cost research and cost recovery analysis, 15.2.3.7 Receives money and maintains records of receipts, files of invoices and other financial transaction documents. Qualifications: 15.2.3.8 Two (2) years of experience performing responsible accounting, financial, statistical or other specialized office clerical work supplemented by courses in accounting, finance, business, office practices, or related coursework; or any equivalent combination of training and experience which provides the knowledge, skills and abilities in accounting methods and government budgeting. 15.2.3.9 Knowledge of bookkeeping principles and practices, fund accounting and governmental accounting methods. 15.2.3.10 Ability to keep bookkeeping accounts and prepare financial statements and make arithmetic calculations. (WAM08A11) 18 of 18 (December 22, 2011) all -:116C REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: CONTRACT AWARD TO COOK COATINGS, INC. FOR RE- ROOFING PARK CENTER (SPEC. NO. 11 -069) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Cook Coatings, Inc. for re- roofing the Corbin Center in an amount not to exceed $41,790. DISCUSSION The Finance and Management Services Agency Building and Maintenance Division annually inspects and provides recommendations as to the roof condition of City facilities. After evaluating the roof at the Corbin Center, the Facilities Maintenance Superintendent has recommended the re- roofing of the facility. The existing roof is approximately 20 years old and no longer cost effective to repair and maintain. The proposed foam roofing system is comprised of a seamless layer of rigid polyurethane foam covered with two coats of protective silicone coating with granules. The completed roof system provides a durable and effective insulation with superior protection against all weather conditions. The replacement roof will include a 10 -year warranty and should protect the Corbin Center facility for 25 years. The Corbin Center facility provides for a pre - school program classroom and office space for non- profit organizations which service the surrounding community. Re- roofing the facility will reduce maintenance costs, eliminate future program interruptions related to the repair of the roof and address the needs of the community. The notice inviting bids was advertised on December 13, 2011, and bids were solicited. A summary of the bid invitations and bids received is as follows: 26 Invitations For Bid mailed 2 Invitations For Bid mailed to a Santa Ana vendor 6 Bids received 22A -1 Contract Award for Re- roofing Park Center January 17, 2012 Page 2 Bids were solicited, opened on January 4, 2012 and evaluated (Exhibit 1). The bid received from Cook Coatings, Inc. is responsive to the specifications and meet the City's requirements. A five percent contingency has been included in the award amount. FISCAL IMPACT Funds are available in the Maintenance & Repair Buildings & Ground account (no. 01113260- 62320). 94,0c� Gerardo Mouet Executive Dire or Parks, Rec. & Comm. Svcs Agency Ova APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 22A -2 Contract Award for Re- roofing Park Center January 17, 2012 Page 3 ABSTRACT IFB 11 -069 BIDS OPENED 1 -4 -12 AT 2 pm Terms RE- ROOFING PARK CENTER Corbin Center Best Universal Foam VENDOR Cook Experts Commercial Coatings Roofing LOCATION Menifee CA Mesa AZ Supplies & material $ 14,426 $ 23,750 Sales tax - 7.75% $ 1,118 $ 1,841 Labor for project $ 20,006 $ 20,909 Mat'I handling & del. cost $ 4,250 $ 1,000 Offer adjustment $ 0 $ 0 Total project cost $ 39,800 $ 47,500 Add 5% contingency $ 1,990 $ 0 $ 0 TOTAL $ 41,790 $ 57,225 Product - speced $ 68,480 $ 72,468 United Coatings Silicone per spec per spec WARRANTY - required 10 years 10 years 10 year Project can start 1/17/2012 2/3/2 Terms RE- ROOFING PARK CENTER Corbin Center Best Universal Highland Cl Services Contracting Coatings Inc Commercial Roofing Gardena CA Fresno CA Baldwin Park Mission Viejo $ 28,000 $ 34,480 $ 33,280 $ 34,772 $ 1,673 $ 2,600 $ 2,579 $ 2,695 $ 25,552 $ 25,220 $11,000 $ 17,860 $ 2,000 incl $ 0 $ 17,141 $ 0 $ 0 $ 21,621 $ 0 $ 57,225 $ 62,300 $ 68,480 $ 72,468 not stated General not stated Coatings s 10 years 10 years not quoted 012 1/26/2012 1/17/2012 1/22/2012 Net 30 Net 30 not stated 1 year 1/17/2012 Net 30 days Net 30 days days days Net 30 days Net 30 days Award to: Cook Coatings Inc. Award total: 41,790.00 22A -3 Exhibit 1. 22A -4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: CONTRACT AWARD TO WONDRIES FLEET GROUP FOR REPLACEMENT POLICE PATROL SEDANS (SPEC. NO. 12 -002) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15t Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Wondries Fleet Group, under the Cooperative Purchase Provision of the County of Los Angeles, for the purchase of 12 police patrol sedans in the amount of $333,221. DISCUSSION The Police Department operates a fleet of 111 Ford Crown Victoria Police sedans of which 88 are dedicated to Police patrol. Equipment replacement is determined on a "lifecycle approach ", which consist of mileage, age, condition, performance, and utilization. In recent years, the standard 70,000 replacement mileage mark has moved up to 80,000 miles or 4 -year requiring a more aggressive replacement, and maintenance program. The vehicles operate a minimum of 8- 12 hours per day, often double shifts, under City conditions. As a result, each vehicle is evaluated based on age, mileage, and increased downtime. Using this model, there are 25 patrol units due for replacement which have been budgeted for in the 2011 -12 vehicle replacement fund. However, considering the current budget situation staff is requesting to replace only 12 patrol units that have the highest maintenance cost, age, mileage and downtime. When patrol units exceed optimum vehicle lifecycle the units become unreliable, high maintenance cost and downtime occurs because critical components tend to fail such as engines, transmissions, axles, and other vital components. The aforementioned 12 patrol units (models ranging from 1997 to 2001) have exceeded their lifecycle by six to eleven years and now cost the City double the average maintenance costs (approximately $7,000 annually). Furthermore, new equipment is more reliable, fuel efficient and requires less maintenance, which is critical when determining the proper "Technician to Vehicle Ratio ". The replacement will allow staff to focus their efforts on maintaining the balance of the City's aging fleet with existing staffing levels. At such time that future budget conditions allow, staff will recommend the purchase of the remaining 13 patrol vehicles. 22B -1 Contract Award for Replacement Police Patrol Sedans. January 17, 2012 Page 2 Santa Ana Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. The County of Los Angeles' contract with Wondries Fleet Group for police patrol sedans was awarded as a result of open, competitive bidding, and meets the City's requirements. FISCAL IMPACT Funds are available in the Equipment Replacement Machinery & Equipment account (07510101- 66400). Paul M. Walters Chief of Police Police Department KM APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez j Executive Director v Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: CONTRACT AWARD TO NTH GENERATION COMPUTING, INC FOR COMMVAULT PREMIER SUPPORT AND MAINTENANCE RENEWAL (SPEC. NO. 11 -072) � 1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: 02116-101wo ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to NTH Generation Computing, Inc. for CommVault Premier Support and Maintenance Renewal in an amount not to exceed $60,000. DISCUSSION The Information Services Division provides all computerized support for City Hall and the Santa Ana Police Department Data Centers. Over 200 server class computers operating in these data centers host systems that all agencies and departments in the City utilize. To ensure the integrity of the computer systems, the computer data must be protected from loss or damage due to a disaster, equipment failure or even inadvertent deletion or change. Copying and storing computer data separately from its primary computer device is necessary to ensure proper backup of vital information. Currently some 12 terabytes (12,000,000,000,000 bytes) of computer data are being backed up from the City Hall and SAPD data centers. In 2007 CommVault data backup and recovery software was installed and has performed satisfactorily as well as the continued support and maintenance. Premier support and maintenance is offered on an annual basis and is needed to ensure continuity of computing operations in support of City services. The renewal will provide updates, upgrades and technical support to keep critical software operating at peak efficiency. In addition to the renewal, included is the added capability to support the backup and protection of the virtual server infrastructure in a much more efficient manner and an encryption module that will protect sensitive Police data as required by the Department of Justice. The notice inviting bids was advertised on December 12, 2011 and bids were solicited. A summary of the bid invitations and bids received is as follows: 4 Invitations For Bid mailed 1 Bid received 22C -1 Contract Award for CommVault Premier Support and Maintenance Renewal January 17, 2012 Page 2 The bid received and opened on December 20, 2011 from NTH Generation Computing, Inc is responsive to the specifications and meet the City's requirements. FISCAL IMPACT Funds are available in the Finance Information Systems Strategic Plan Maintenance and Support account (no. 10910147 - 62300). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez � Executive Director Finance & Management Services Agency EG 22C -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: CONTRACT AWARD TO SEAVCO D /B /A IRV SEAVER MOTORCYCLES FOR MOTORCYCLE REPAIR (SPEC. NO. 11 -074) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2" Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Seavco d /b /a Iry Seaver Motorcycles for motorcycle repairs for a two -year period, with provision for two, one -year renewals in the annual aggregate amount not to exceed $150,000. DISCUSSION The Facilities, Fleet Maintenance, and Central Stores Division (FMCS) of the Finance and Management Services Agency provides for the maintenance and repair of the Police Department's 34 motorcycles. Currently, Fleet Services outsources its maintenance and repair of Police motorcycles to a third party vendor. Service ranges from preventive maintenance of brakes, tires, steering components and repairs due to accident damage. The motorcycles must be maintained in the highest quality condition to meet federal, state and local codes. As such, the contract requires that maintenance must be provided by factory trained, certified technicians in order to ensure reduced liability. The notice inviting bids was advertised on December 20, 2011 and bids were solicited. A summary of the bid invitations and bids received is as follows: 3 Invitations For Bid mailed 1 Bid received The bid received and opened on January 3, 2012 from Iry Seaver Motorcycles is responsive to the specifications and meet the City's requirements. FISCAL IMPACT Funds are available in the Equipment Maintenance Garage Operation account (no. 07510100 - 62322). APPROVED AS TO FUNDS AND ACCOUNTS Francisco Gutierrez `}y Executive Director Finance & Management Services Agency EG 22D -1 22D -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: CONTRACT AWARD TO MALLORY SAFETY & SUPPLY COMPANY FOR FIT TEST MACHINES (SPEC. NO. 12 -003) b,,IkiJ5�� 1 �.� CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1"Reading ❑ Ordinance on 2"dReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Mallory Safety & Supply Company for portable Fit Test Machines in an amount not to exceed $423,000. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City for the ninth year. The City of Santa Ana has fiscal responsibility for the FY09 UASI Grant for the Anaheim /Santa Ana Urban Area which encompasses 34 jurisdictions in Orange County. In 2004, The US Department of Homeland Security identified Chemical, Biological, Radiological, and Nuclear (CBRN) protection and response capabilities as a priority for State and Local first responders. As a result, personal protective equipment in the form of chem /bio suits, and air purifying respirators (gas masks) were purchased for all law and fire responders. As part of developing the CBRN protection /response capability, a number of fit test machines were also purchased to perform annual fit testing of the respirators. The purchase of fit test machines was necessary as annual fit testing is a requirement of CA OSHA (California Code of Regulations, Title 8, §5144). The existing fit test machines are outdated, and many of them in various states of disrepair. In addition, many jurisdictions do not have adequate access to fit test machines in order to reach or maintain CA OSHA compliance. Using FY09 UASI funds, the Santa Ana Police Department intends to purchase fit test machines to replace the current inventory and additional machines to ensure fit testing capability exists within every jurisdiction in the Operational Area. 22E -1 Contract Award for Fit Test Machines January 17, 2012 Page 2 The equipment will be acquired using the US Communities Government Purchasing Alliance. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Mallory Safety & Supply Company's contract for fit test machines was awarded as a result of open competitive bidding by the County of Fairfax, Virginia, under the US Communities purchasing alliance and meets the City's requirements. FISCAL IMPACT Funds are available in the FY 2009 UASI Grant fund account (accounting no.12514407- 63001, Activity 10427101182). Paul M. Walters Chief of Police Police Department KM APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22E -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: CONTRACT AWARD TO MALLORY SAFETY & SUPPLY COMPANY FOR PORTABLE RADIATION DETECTORS (SPEC. NO. 12 -004) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As.Recommended ❑ As Amended ❑ Ordinance on 1 stReading ❑ Ordinance on 2ndReading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a contract to Mallory Safety & Supply Company for portable radiation detectors in an amount not to exceed $103,000. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City for the ninth year. The City of Santa Ana has fiscal responsibility for the FY09 UASI Grant for the Anaheim /Santa Ana Urban Area which encompasses 34 jurisdictions in Orange County. The US Department of Homeland Security has identified Preventive Radiological /Nuclear Detection (PRND) capabilities as a priority for State and Local jurisdictions, in an effort to fill the gap for mass gathering sites, critical infrastructure, and daily Law Enforcement / Fire Department functions. The Los Angeles Sheriff's Department, Los Angeles Police Department, San Diego Sheriff's Department, and the 9th Civil Support Team have all developed robust PRND programs within their regions. Orange County currently has minimal PRND capability which is primarily a reactive function of the fire department. With high risk critical targets such as the Honda Center, Disney resort area, and numerous Federal, State, and local government buildings, Orange County has the need to develop a comprehensive PRND program. Through the UASI Urban Area Working Group (UAWG), a PRND Subcommittee was formed with subject matter experts from the Orange County Health Care Agency HazMat Unit, Santa Ana Police, Santa Ana Fire, FBI, CaIEMA, 9th CST, Anaheim Fire, and OCSD Bomb Squad. A broad analysis of the County's current PRND capability and gaps was done, and recommendations for a multi -phase PRND Project has been accepted and 22F -1 Contract Award for Portable Radiation Detectors January 17, 2012 Page 2 approved by the UAWG. The PRND Subcommittee has developed a three -phase PRND Project with this request representing Phase I. Phase I includes the purchase of approximately 80 Portable Radiation Detectors to be issued by Terrorism Liaison Officers and personnel assigned to John Wayne Airport and the Disney Resort Area. This phase also includes the development of a draft PRND Annex or deployment/response policy. Phase II will address the need for more sensitive detection equipment in the form of 5 covert backpacks which will be assigned to the Operational Area's HazMat teams and the Orange County Health Care Agency. The backpacks serve as a more sensitive level of detection and Isotope identification at mass gathering sites to aid in investigation and alarm adjudication when a pager has alarmed. Phase III focuses on installing fixed detection assets at highly critical sites such as the John Wayne International Airport and Disney Resort Area. Fixed assets at ingress /egress or "choke points" allows for a more controlled detection capability, and preserves resources for response actions when needed. The equipment will be acquired using the US Communities Government Purchasing Alliance. Santa Ana City Ordinance No. NS -2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Mallory Safety & Supply Company's contract for portable radiation detectors was awarded as a result of open competitive bidding by the County of Fairfax, Virginia, under the US Communities purchasing alliance and meets the City's requirements. FISCAL IMPACT Funds are available in the FY 2009 UASI Grant fund account (accounting no. 12514407 - 63001, Activity 10427101182). l� Paul M. Walters Chief of Police Police Department KM APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 22F -2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: JANUARY 17, 2012 TITLE: APPROVED CONTINGENCY INCREASE FOR ❑ As Recommended FIRST STREET BRIDGE ❑ As Amended R El El on 151 Reading REPLACEMENT OVER THE SANTA ❑ Ordinance on 2 "d Reading ANA RIVER (PROJECT NO. 061723) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Increase the contingency for the contract with Powell Constructors, Inc., for the construction of the First Street bridge replacement over the Santa Ana River by $602,605 to a total estimated contract amount of $7,815,000, and authorize the City Manager to execute change orders in an amount not to exceed the authorized contingency. DISCUSSION On March 21, 2011, the City Council awarded a contract for the First Street bridge replacement over the Santa Ana River to Powell Constructors, Inc. in the amount of $6,010,329, plus a contingency of $1,202,066 totaling $7,212,395. Unforeseen field conditions associated with the installation of the foundation and bridge deck structure, and unanticipated utility relocations have prompted additional work that was not part of the original scope of the project. The project is 40 percent complete; however, 95 percent of the original contingency amount is exhausted. To avoid a possible delay in completing the project, staff recommends that the contingency be increased by $602,605. Any contingency amount not used will remain in the project fund. ENVIRONMENTAL IMPACT This is no environmental impact associated with this action. 23A -1 Contingency Increase for First Street Bridge Replacement January 17, 2012 Page 2 FISCAL IMPACT The contingency increase is $602,605 Funds a Fund (accounting unit 03217660 -6620, project (accounting unit 05917660- 66220, project no. 0 Raul Godinez II Executive Director Public Works Agency RG /SA re available in the Measure M Street Construction no. 061723) and the Select Construction Fund 61723). APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez �u Executive Director Finance & Management Services Agency REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: AGREEMENT AMENDMENT WITH VIDEO ENGINEERING SERVICES FOR CABLE EQUIPMENT MAINTENANCE AND VIDEO PRODUCTION SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Video Engineering Services for video production and cable equipment services for one year in an annual amount not to exceed $57,915, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 18, 2011 Council approved a one -year agreement with Video Engineering Services for cable equipment maintenance and video production services. Video Engineering Services provides technical expertise for the purchase, installation and maintenance of City owned audio and video equipment in the City Council Chambers. Video Engineering Services provides production staff to televise City Council meetings occurring in the Council Chambers. In addition, Video Engineering Services assists the City Clerk and other users of the Council Chambers with audio recordings and lighting in the Council Chambers, and provides technical assistance on other audio /visual related projects. This agreement includes $15,015 for Base Engineering and Equipment Maintenance, $4,000 for the filming of the State of the City event, $17,700 for the taping of the first Council meeting of the month, $13,200 for the taping of the second Council meeting of the month at a remote location, and $6,000 contingency for unanticipated work and unforeseen emergencies. The agreement also includes $2,000 to pay for the production of the recent Cultural Forum and an extra Council meeting from last agreement term, for a total agreement amount not to exceed $57,915. This agreement amendment exercises the third of four one -year options. The Parks, Recreation and Community Services Agency is satisfied with the quality of services provided by Video Engineering Services and recommends approval of this agreement. 25A -1 Video Engineering Services January 17, 2012 Page 2 FISCAL IMPACT Funds for this agreement are available in the PRCSA Administrative Services, Contract Services account (no. 01113200 62300). Gerardo Mouet, Executive Director Parks, Recreation and Community Services Agency Exhibit: A. Agreement APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency 25A -2 THIRD AMENDMENT TO CONSULTANT AGREEMENT THIS THIRD AMENDMENT TO CONSULTANT AGREEMENT is made and entered into this 17`h day of January, 2012 by and between Video Engineering Services (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS: A. The parties entered into Agreement # A- 2009 -008, dated January 4, 2009 (hereinafter "said Agreement "), as amended from time to time, by which Consultant has provided video engineering services to the City. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement and provide additional compensation to pay for services provided during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Third Amendment to Consultant Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be amended to reflect that video engineering services shall be provided as set forth in Exhibits A -2, B -2, C -2 and D -2, attached hereto and incorporated by this reference. The City Manager may, in writing, authorize additional video engineering services during the one -year term from February 1, 2012 through January 31, 2013. 2. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit D, for an base amount of $49,915.00 during the one - year term from February 1, 2012 through January 31, 2013. Contingency funds of up to $6,000 may be expended for authorized additional authorized services provided during the term of this Agreement. The parties further agree that Consultant shall be paid an additional $2,000 for services provided, and not yet compensated, in relation to the Cultural Forum and an additional Council meeting during the term from February 1, 1011 through January 31, 2012. The total amount to be expended pursuant to this Third Amendment to Agreement shall not exceed $57,915.00." 3. Section 3, TERM, shall be amended to read, in full as follows: "This Agreement shall commence on February 1, 2009 and terminate on January 31, 2013, unless terminated earlier in accordance with Section 12, below. The Parties may elect to renew the Agreement for an additional one -year period, by the execution of a written agreement. The parties may agree to renegotiate compensation prior to said renewal." 25A -3 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Consultant Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager VIDEO ENGINEERING SERVICES THOMAS E. BYSTRY Owner 25A-4 EXHIBIT A -2 VIDEO ENGINEERING SERVICES BASE ENGINEER Consult shall confer with the Executive Director of Parks, Recreation and Community Services or assigned staff to evaluate needs and supervise maintenance activity of all city owned audio /video facilities. Includes City Hall, recreation centers, senior centers, Stadium, Soccer fields. Etc. 2. Review and make recommendation for the repair and /or replacement of said audio /video facilities. 3. Design layout of electrical circuitry for existing and /or acquired audio /video equipment Ensure compliance with local, state, and federal safety codes and regulations. Establish and maintain equipment log and data base to keep inventory and records of maintenance and to track equipment performance. Help establish and enforce Agency wide policies for equipment use. Provide operation instruction for staff. Conduct regular security checks on the City's production equipment. 8. Prepare preventative maintenance schedules and execute said maintenance on a routine basis. 9. Supervise annual asset inventories and tagging of new assets, as needed. 10. Coordinate equipment repair with outside agencies. H. Coordinate acquisition of new production equipment. 12. Facilitate and supervise use of facilities or equipment by outside agencies, persons, other City employees or cable franchisee staff. 13. Facilitate completion of production services requested by City staff (including making dubs, editing and shooting videos, setting up equipment, delivering equipment, setting up operating facilities as needed.) 14. Provide updates to Executive Director and /or assigned staff on progress of equipment install, maintenance, building projects and anticipated completion dates. 15. Assist City Clerk and other staff on use of Council Chambers: video, audio, lighting, power point, elmo or other technical needs. COMPENSATION Annually $15,015 City will pay contractor $55 (fifty five) per hour. For an average of 10.5 hours every two weeks. The first and third Mondays of the month (Council Meetings) shall be two regularly assigned workdays for Contractor. 25A -5 EXHIBIT B -2 VIDEO ENGINEERING SERVICES State of the City Address Consultant shall produce the mayor's state of the city address, including • Hiring and supervising crew for camera operations, audio mixing, cable running, equipment load in and load out. • Directing the show for video. • Renting all needed video equipment and editing the finished video for playback. Flat fee - $4,000 Itemized invoicing for this item will occur once a year. 1 EXHIBIT C -2 VIDEO ENGINEERING SERVICES Council Meetings VIDEO ENGINEERING SERVICES (Thomas E. Bystry) will serve as Producer /Administrator for City of Santa Ana City Council meetings. Said services include hiring and supervision of video production staff. Consultant shall provide production services in live meeting coverage and playback for up to twenty-seven (27) meetings, including City Council meetings held the first and third Mondays of the month, Candidates Forum, Election coverage and swearing -in ceremonies bi- annually, and various additional meetings as selected by the Clerk of the Council and /or City Manager. Production services shall include all responsibility for graphics during the presentations, video roll -ins and all audio /visual needs. Additionally, Consultant shall provide technical assistance for city production crews and staff. Services shall include: 1) Serve as Video Producer for all council meetings and cable- casting events in council chambers. 2) Maintain open communications with city clerks' office for special needs or changes pertinent to the agenda for each council meeting. 3) Communicate and confirm with the cable administration office in Parks and Recreation regarding council meeting coverage and playback related to the city channel. Report of technical playback and council problems and remedies to the cable office. 4) Provide, hire and supervise all video production crew and staff which will include Director, Camera Robotics Operator, Audio Operator, Graphics Designer and Playback Operator. These positions may be consolidated in one person. 5) Schedule video production staff. Pre- arrange and notify crew of video productions and changes. 6) Provide maintenance of playback equipment located in City Hall and necessary for City Council meeting. 7) Provide for office administration and payroll for video production crew and playback. 8) Provide and be responsible for all production staff training and hands -on use of equipment for video crews. 9) Direct communication with City Council members and Clerk of the Council. 10) Review any needs or concerns related to production request: includes powerpoint, overheads, video roll -ins and presentations, review cueing system, proper use of microphones for Council. 11) Arrange for and design overall look and style of productions. 12) Arrange for input of council graphics prior to the meeting. Run a spell check. Arrange for graphics to state replays during the meeting, approximately every 30 minutes during program. Compensation for Video Engineering services shall not exceed $30,900 annually, as follows: $17,700 for first Monday meeting each Month. $13,200 for third Monday of the Month — if televised. This is flat rate amount regardless of duration of council meetings. Said fee includes all required crew and insurance required by City Hall. All invoices submitted shall be itemized. 25A -7 EXHIBIT D BUDGET SUMMARY FOR CONSULTANT AGREEMENT (CONTRACT) Between The City of Santa Ana and Video Engineering Services (Thomas E. Bystry). Annual budget for Exhibit A: $15,015 Base Engineer Annual budget for Exhibit B $4,000 Produce State of The City Address Annual budget for Exhibit C $17,700 First council meeting of month Annual budget for Exhibit C $13,200 Second council meeting of the month — if televised. Contingency for additional $6,000 Authorized services 2012/2013 Cultural Forum and additional $2,000 Council meeting 2/1/2011- 1/31/2012 TOTAL ANNUAL AMOUNT APPROPRIATED FOR COMPLETE CONTRACT: $57.915 Consultant shall submit itemized monthly invoice detailing services provided and costs associated with those services. 96� REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: AGREEMENT FOR CALIFORNIA GREEN BUILDING CODE AND LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) TRAINING (GRANT FUNDED) t CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 "d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with GreenStep Education subject to nonsubstantive changes approved by the City Manager and City Attorney for California Green Building Code and Leadership in Energy and Environmental Design training services in an amount not to exceed $55,180 to be paid for with grant funding, and authorize the City Manager to execute an amendment to extend said agreement should the grant period be extended. DISCUSSION The California Public Utilities Commission (CPUC) has made Local Government Strategic Plan funding available to those cities with an energy efficiency partnership with Southern California Edison (SCE). The purpose of the grant is to advance the goals found in the CPUC's Long -Term Energy Efficiency Strategic Plan. Santa Ana was awarded one of the strategic plan grants in 2011. As part of the grant, the City will receive funding to conduct California Green Building Code (CALGreen) and Leadership in Energy and Environmental Design (LEED) Certification training. Classes will be offered to staff, Council members, commission and committee members and are designed to augment participants' knowledge and background when working with architects and builders in reviewing plans and to encourage increased green building. The CALGreen standard became law as of January 1, 2011, and includes voluntary and mandatory measures for building in California. LEED standards are not mandatory, however, the building industry is becoming more familiar with LEED and its benefits to occupants and tenant. In addition, it is the nationally accepted protocol for the design, construction, and operation of high - performance green buildings. 25B -1 Agreement for CALGreen and LEED Training January 17, 2012 Page 2 There are two certificates under the LEED designation: the Green Associate (GA) and the Accredited Professional (AP). The LEED GA credential is intended for professionals who want to demonstrate green building expertise in nontechnical fields of practice. LEED GA denotes basic knowledge of green design, construction, and operation. The LEED AP credential signifies an advanced depth of knowledge in green building practices including on -site experience. The proposed training will include both certificates. To perform the training, professional services are required. To find a qualified training company, a Request for Proposals was issued on November 1, 2011. Below is a summary of the proposals solicited, and those received: 5 Requests for Proposals mailed 0 Requests for Proposals mailed to Santa Ana vendors 5 proposals received 0 proposals received from Santa Ana vendors The consultants were evaluated according to their experience, past performance, responsiveness, and cost. The proposals by the five companies were reviewed by a team from the Public Works Agency, Planning and Building Agency, and the City's Energy and Sustainability Contractor. The ratings for the five proposals were as follows: NAME OF RESPONSIVE BIDDER RATING GreenStep Education 91 Triple Green Education 87 Everblue 75 Professor H un'oo Kim 72 Krout and Associates 71 The two best qualified companies were interviewed by the team. GreenStep Education is the lower cost proposer and received the highest average score of 91. BIDDER COST Greenstep Education $50,180 Triple Green Education $91,982 The staff recommends that GreenStep Education be retained for these services. GreenStep Education has conducted more than 250 classes, and over 90 percent of its students have passed the LEED AP test. Staff is also recommending the addition of a $5,000 contingency. Agreement for CALGreen and LEED Training January 17, 2012 Page 3 To serve the maximum number of attendees, classes will be conducted on a quarterly schedule beginning in February 2012, and will be completed by October 15, 2012 to coincide with grant deadlines. However, it is anticipated that the CPUC will extend the grant period for an additional year. Should that occur, this agreement may be extended to coincide with the revised grant ending date. FISCAL IMPACT Funds for the training will initially be expended from the Public Works Administration activity for Contract Services - Professional Accounts (accounting unit 10117601 - 62300). Costs will be reimbursed to the City by SCE, the entity responsible for managing the grant. Raul Godinez II Executive Director Public Works Agency RG /CK Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director` Finance & Management Services Agency W :151 25B -4 AGREEMENT FOR PROVISION OF SERVICES THIS AGREEMENT, made and entered into this 17`h day of January, 2012 by and between Green Step Education, a sole proprietorship (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of California Green Building Code and Leadership in Energy and Environmental Design (LEED) certification training. B. Consultant represents that he 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 provide California Green Building and LEED certification training to City staff and representatives, as set forth in Exhibit A, attached hereto and incorporated by this reference. Said training will occur in a classroom setting with participants designated by City. 2. REPRESENTATIVES For purposes of implementing this Agreement, the representative of City shall be the Executive Director of the Public Works Agency, or his designated representative, and the representative of the Consultant shall be the President or his designated representative. Except as may be otherwise stated herein, such representatives shall have the authority to act on behalf of their respective parties in carrying out the terms of this Agreement. 3. DELIVERY OF WORK PRODUCT - OWNERSHIP Consultant warrants and represents that it has the absolute right to enter into and perform this Agreement and will perform its obligations hereunder in accordance with standards and practices prevailing in the industry. Consultant's contribution to the Project, including works to be produced by Consultant hereunder, will not infringe or misappropriate the proprietary or personal rights of any third person or party. Consultant shall deliver to City any work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. Exhibit 1 1 25B -5 4. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B, attached hereto. The total sum to be expended under this Agreement shall not exceed $55,180.00 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 5. TERM This Agreement shall commence on the date first written above and terminate on December 31, 2012, unless terminated earlier in accordance with Section 14, below. The term of this agreement may be extended on the written approval of the Executive Director of Public Works and the City Attorney. 6. 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. 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: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self - insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 2 25B -6 c. Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. S. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence, recklessness or willful misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the negligence, recklessness or willful misconduct of Consultant arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 9. 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 3 25B -7 operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 10. 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. 11. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by facsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 facsimile (714) 647 -6956 With courtesy copies to: and Executive Director of the Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -5069 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 facsimile (714) 647 -6515 To Consultant: Alexander Spilger Green Step Education 47 Willow Avenue Fairfax, California 94930 -1217 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by facsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 12. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 13. 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. 14. 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. However, any use of unfinished work product shall be at City's sole risk. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 15. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 16. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. 5 25B -9 This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 17. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 18. 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. Captions and headings in this Agreement, including the title of this Agreement, are for convenience only and are not to be considered in construing this Agreement. c. 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. CITY OF SANTA ANA ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: PAUL M. WALTERS Interim City Manager GREEN STEP EDUCATION 6 25B -10 RAUL GODINEZ, II ALEXANDER SPILGER Executive Director President Public Works Agency 25B -11 25B -12 EXHIBIT A SCOPE OF WORK CALIFORNIA GREEN BUILDING CODE AND LEED CERTIFICATION TRAINING The City of Santa Ana would like to provide a higher level of internal expertise of energy efficient design and knowledge of green buildings. To achieve this, CALGreen and LEED classes will be offered quarterly during the year of 2012 with the last class conducted prior to October 15, 2012. Each class is from 7 to 8 hours and will include interactive activities and lecture pertaining to knowledge of CALGreen, LEED GA, or LEED AP building techniques. The program is available to city staff, legislative and advisory bodies, and other governmental stakeholders. Course material will be presented in PowerPoint and through reference materials, along with group interaction and presentations from the instructor. The classes will be conducted by one instructor, Alex Spilger. Mr. Spilger is the President and Founder of GreenStep Education which specializes in Green Building training. GreenStep will provide the materials which consist of participant workbook, interactive learning activities based on real LEED projects, and a glossary of key green building definitions to be printed by the City. It is expected that LEED certification training classes will be offered to a minimum of 100 people and California Green Building Code training to a minimum of 50 people. Classes include LEED Accredited Professional (AP), LEED Green Associate (GA) and CALGreen, will be offered four times during the year depending on the number of attendees scheduled to take the classes. Classes will be held if there are 20 to 40 people scheduled to attend. It is anticipated that 2 Review classes will be offered to people who plan to take the LEED GA / AP test. California Green Building Code Classes The CALGreen classes will be custom - developed for the City of Santa Ana. The classes are designed for city staff, legislative and advisory bodies, and other governmental stakeholders to increase understanding of CALGreen Codes with respect to implementation of both mandatory and voluntary measures. Workshops will cover the residential and non - residential sections of the CalGreen Code and will include information for both the plan check and field- inspection components. This workshop will be further customized by the City. LEED Green Associate Classes This workshop is intended for anyone who wants a basic understanding of LEED - including those with a stake in their community's building practices, those directly involved in green building projects, and those pursuing the LEED GA credential. The classes provide essential knowledge of sustainable building concepts that are fundamental to all LEED Rating Systems. It begins with a brief background on the U.S. Green Building Council and LEED, including basics of the building certification process. The workshops present LEED requirements and exam concepts at each credit category level — across building types and rating systems. Key LEED metrics and LEED referenced standards are addressed throughout the workshop. This workshop is designed to prepare participants for the LEED GA exam. 1 25B -13 LEED Accredited Professional Classes The classes will provide an in depth overview and fundamental preparation for the LEED AP exam. The workshops introduce the credit categories, key elements, main requirements, and reference standards of the Green Building Design and Construction (BD +C) LEED rating systems. Workshop participants will gain a solid understanding of the core concepts and strategies of the following LEED rating systems: New Construction & Major Renovations (NC); Core & Shell (CS); and Schools - supporting successful green construction projects. It is appropriate for individuals who are seeking a deeper understanding of the BD +C rating systems, whether they are pursuing LEED AP BD +C credential or simply need to apply the rating system in their job. This workshop is designed to prepare participants for the LEED AP exam. Review Classes The Review classes will be offered depending on the number of attendees that will take the LEED GA or LEED AP exams. The classes will review the information and materials provided in the appropriate LEED class. Special instruction will be focused in this class to assist participants in passing the test. City Responsibilities: The following items will be provided by the City of Santa Ana. 1. Sign up for registration and coordination of class attendees 2. Coordination of schedule of classes throughout the year 3. Adequate classroom and instruction environment 4. AudioNisual equipment for power point presentation 5. Organizer /staff member to assist with workshop check in and registration Trainer Responsibilities: The following items will be provided by the Trainer: 1. GreenStep workshop content and delivery for LEED courses 2. GreenStep workshop content and delivery for CALGreen courses 3. Workbook and study materials for all courses 4. Print -outs of Trainer - provided workbook materials based on number of registered attendants 5. Print -outs of Trainer - provided Certificates of Completion for each class based on actual attendance The Trainer will assist with SCE's Assessment and Planning report for California Green Building Code and LEED certification training. In addition, the Trainer will assist in recommending appropriate changes in the City's policies, procedures and building practices. 2 25B -14 PRICING SHEET Contract Includes: CALGreen 25 students 40 students LEED GA 25 students 40 students LEED AP 25 students Review Course 25 students 40 students Total class costs: Hourly consulting rate: Travel expenses: Per trip (3 consecutive days of teaching) Contingency Total Contract Amount EXHIBIT B Per Number Student of Cost Classes $108.00 2 $108.00 2 $111.00 3 $111.00 1 $111.25 4 $155.00 $500.00 1 1 20 hours 4 trips 25B -15 Total $5,400.00 $8,640.00 $8,325.00 $4,440.00 $11,125.00 $2,750.00 $4,400.00 $45,080.00 $3,100.00 $2,000.00 $5,000.00 $55,180.00 I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: PURCHASE AGREEMENTS FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached purchase agreements subject to nonsubstantive changes approved by the City Manager and City Attorney: Cynthia Castillo, Maximino Castillo and Raquel Madrigal Castillo for the purchase of a portion of the property located at 1309 west Seventh Street in the amount of $1,105. 2. Maria L. Reyes for the purchase of a portion of the property located at 1312 West Seventh Street in the amount of $2,500. DISCUSSION On March 6, 2006, the City Council approved the cooperative agreement between the City and the Orange County Transportation Authority to fund Bristol Street improvements from Warner Avenue to Seventeenth Street. The first phase of the project, between Pine Street and McFadden Avenue, is complete. Public Works is acquiring property for the second phase of the project, between Third Street and Civic Center Drive, and expects to complete the acquisition process by mid -April 2012 and start construction in summer 2012. To accommodate the widening for the second phase, partial acquisition of the two properties located at 1309 and 1312 West Seventh Street are required (Exhibit 1). The compensation amount is the appraised value prepared by an appraiser licensed by the State of California. 25C -1 Purchase Agreements for Bristol Street Corridor January 17; 2012 Page 2 ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed project has been determined to be adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Assessment No. 89 -01 approved by City Council in 1990. FISCAL IMPACT Funds are appropriated in the Select Street Construction Fund (accounting unit 05917661- 66100). Raul Godinez II J Executive Director Public Works Agency RG /SA Exhibits: 1. Location map 2. Agreements APPROVED AS TO FUNDS AND ACCOUNTS: \ k ti c� e\ :,,. i.. — — Francisco Gutierrez y Executive Director Finance & Management Services Agency 25C -2 I I I I I I j I I 13109 M 7TH ST APN 405.0714.20 SEVENTHWREET 1312 M 7TH �T AQN 405.070.13 ----------•-----••- i i IL ------•------------------- i LEGEND = SUBJECT PARTIAL TAKE J O H O m . ........... i EXHIBIT 1 SANTA ANA CITY COUNC I L T I TLE = PURCHASE AGREEMENTS OF PWAi AGENDA DATE PARTIAL REAL PROPERTIES AT 1309 AND 1312 7TH STREET JANUARY 17. 2012 FOR BRISTOL STREET CORRIDOR (PROJECT NO. 081700) 25C -4 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on ------- ----- - - - - -, 201 1, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Cynthia Castillo, a single woman and Maximino Castillo and Raquel Madrigal Castillo, wife and husband as joint tenants (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property ") legally described and depicted as follows: SEE EXHIBIT "A" — Legal Description and EXHIBIT "B" — Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1309 West 7'h Street, Santa Ana, CA) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City by Seller by Grant Deed as set forth in Exhibit "C" to this PSA. 3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 4 _Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any) and severance damages (if any), the total sum of One Thousand One Hundred and Five Dollars ($1,105.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of One Thousand One Hundred and Five Dollars ($1,105.00) to Seller within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property. 6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. Exhibit 2 25C -5 9. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. It is understood and agreed that for project planning and construction the Seller hereby grants to Buyer and authorized agents or contractors, the right to enter upon the property for the purpose of providing a Construction Work Area, as shown on the attached Exhibit "D" for the purpose of facilitating the construction of the proposed improvements within existing public street right of way, and for all uses incident to such and work including, without limitation, the right to grade, and to construct, repair, remove and reconstruct pavement, berms, irrigation facilities, planters and other improvements, together with the right to enter upon and to pass and re -pass over and along the Construction Work Area and to deposit tools, implements, and other materials thereon, by the Buyer, its officers agents, and employees, whenever and wherever necessary for the purpose of constructing the project known as "Bristol Street Widening — Third Street to Civic Center Drive ". This permission is granted in consideration of the benefits which may accrue to the property. This permission shall terminate upon completion of the Bristol Street Widening — Third Street to Civic Center Drive. It is understood that when the Buyer's need for use of these property rights ceases, the Buyer shall discontinue all use of the property and return the property neat, clean, and to a condition equal to or better than prior to start of construction. 12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: Maximino Castillo Raquel Madrigal Castillo Cynthia Castillo 1309 West 7t' Street Santa Ana, CA 92703 13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 14. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 15. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 25C -6 16. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 17. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 18. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 19. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 20. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 21. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 22. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 23. Authority to Execute Aareement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 24. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: brick retaining wall to be reconstructed by the project contractor (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on the Property: i. reconstruct brick planter border ii. reconstruct block wall rework landscaping 25. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25C -7 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: V M53 Mi er-'IFAWNFIT.- 1-1 F I a ®r A� -�� .,�) T.. - �� / //i� iii =Pad—rigal City /Buyer City of Santa Ana Pau 1 Walters Interim City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: �d eph Straka terim City Attorney Date: �2 /�_ 2011 Date: 1&1z , 2011 Date: JAM 12011 Date: 2011 Date: 2011 Date: A4 VW— , 2011 25C -8 Coast Surveying, Inc. September 23, 2011 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 21 IN TRACT NO. 662, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT NORTH 89 °29'19" WEST 11.98 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 96.00 FEET, A RADIAL BEARING TO SAID CURVE BEARS SOUTH 20 °02'17" EAST; THENCE NORTHEASTERLY 13.19 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07 °52'14" TO THE EASTERLY LINE OF SAID LOT; THENCE NONTANGENT ALONG SAID EASTERLY LINE SOUTH 00 038'39" WEST 5.46 FEET TO THE POINT OF BEGINNING. CONTAINING 31 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 26TH DAY OF SEPTEMBER, 2011, GWEN -VERA DEL CASTILLO, PLS 5108 IN It 1-042 25C -9 Q L AND S DEL GAG 0 U''� L.S. 5108 Q �` DF CM.��`O PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA "), entered into on ------- ---- - - - - - -, 201 1 , between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and Maria L. Reyes, a married woman as her sole and separate property (hereinafter "Seller "), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, a portion of that certain real property (hereinafter "Said Real Property ") legally described and depicted as follows: SEE EXHIBIT "A" — Legal Description and EXHIBIT "B" — Graphical Depiction ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as a portion of 1312 West 7th Street, Santa Ana, CA) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant Deed, within thirty (30) days from and after the date on which the City has approved this PSA. 2. Title to be Conveyed. (a) The Seller's interest to the Real Property will be conveyed to City by Seller by Grant Deed as set forth in Exhibit "C" to this PSA. 3. Property Taxes. Real property taxes, if any, on Said Real Property for the fiscal year within which Said Real Property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 and 5081 of the Revenue and Taxation Code of the State of California. All unpaid taxes on Said Real Property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of Said Real Property to City. 4 Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for Said Real Property, fixtures & equipment, improvements pertaining to the realty, goodwill (if any) and severance damages (if any), the total sum of Two Thousand Five Hundred and No /100 Dollars ($2,500.00). 5. Deadline for Payment of Purchase Price. City agrees to pay the purchase price of Two Thousand Five Hundred and No /100 Dollars ($2,500.00) to Seiler within THIRTY (30) days from receipt of a fully executed Grant Deed and confirmation that Seller has marketable title to Said Real Property. 6. Recordation of Grant Deed. Buyer shall not record the Grant Deed until City has paid Seller the full Purchase Price for Said Real Property. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying Said Real Property to City is recorded, quiet and peaceful possession of Said Real Property. 8. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 25C -11 9. Heirs, Assigns, Successors -in- Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 10. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 11. Permission to Enter on Premises. It is understood and agreed that for project planning and construction the Seller hereby grants to Buyer and authorized agents or contractors, the right to enter upon the property for the purpose of providing a Construction Work Area, as shown on the attached Exhibit "D" for the purpose of facilitating the construction of the proposed improvements within existing public street right of way, and for all uses incident to such and work including, without limitation, the right to grade, and to construct, repair, remove and reconstruct pavement, berms, irrigation facilities, planters and other improvements, together with the right to enter upon and to pass and re -pass over and along the Construction Work Area and to deposit tools, implements, and other materials thereon, by the Buyer, its officers agents, and employees, whenever and wherever necessary for the purpose of constructing the project known as "Bristol Street Widening — Third Street to Civic Center Drive ". This permission is granted in consideration of the benefits which may accrue to the property. This permission shall terminate upon completion of the Bristol Street Widening — Third Street to Civic Center Drive. It is understood that when the Buyer's need for use of these property rights ceases, the Buyer shall discontinue all use of the property and return the property neat, clean, and to a condition equal to or better than prior to start of construction. 12. Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M -36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is: Maria L. Reyes 1312 West 7th Street Santa Ana, CA 92703 13. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 14. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 15. Modification and Amendment This PSA may not be modified or amended except in writing signed by the Seller and City. 25C -12 16. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 17. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 18. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 19. No Reliance By One Party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 20. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 21. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 22. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 23. Authority to Execute Agreement. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this PSA, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 24. Construction Contract and Curative Work. (a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in Paragraph 2 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction contract items at the time of the installation of the proposed project: concrete block/wrought iron fencing to be reconstructed by the project contractor (b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller through this Agreement includes the value of the cost to remove, relocate, reconstruct and /or refurbish the following improvements located on the Property: reconstruct brick planter border rework landscaping 25. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25C -13 Coast Surveying, Inc. September 23, 2011 EXHIBIT "A" LEGAL DESCRIPTION THAT PORTION OF LOT 4 IN TRACT NO. 662, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 24, PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT; THENCE ALONG THE NORTHERLY LINE OF SAID LOT NORTH 89 °29'19" WEST 16.94 FEET TO THE BEGINNING OF A NONTANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 96.00 FEET, A RADIAL TO SAID CURVE BEARS NORTH 21 °28'39" EAST; THENCE SOUTHEASTERLY 18.98 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 019'40" TO THE EASTERLY LINE OF SAID LOT; THENCE NONTANGENT ALONG SAID EASTERLY LINE NORTH 00 °32'30" EAST 8.49 FEET TO THE POINT OF BEGINNING. CONTAINING 66 SQUARE FEET, MORE OR LESS. ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. DATED THIS 26T" DAY OF SEPTEMBER, 2011. 'GWEN -VERA DEL CASTILLO, PLS 5108 1N 111 -042 25C -15 LAND DEC 5° 0► L.S. 5108 Q 9TF OF CAl.�4O42 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Maria L. Reyes City /Buyer City of Santa Ana Paul Walters Interim City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: JAAph Straka erim City Attorney Date: ;�. /�_ 2011 Date: 2011 Date: 2011 Date: P2C . a-a-- , 2011 25C -14 I 662 F--------- - - - - -- 1 w �0 21 w 22 Ln J Cn of I in d SEVENTH STREET ° N21'28'39 "E P.O.B. (R AD) 1O 3 N32'48'19 "E (RAD) I 1 -- — — — — — — -- — — — — — — vv o mo 21c 1 40' I BEARING DISTANCE 1 N89' 29' 1 9' W 16,94' 3 N00° 32' 30' E 8.49' RADIUS DELTA LENGTH 2 96. 00' 1* 19' 40' 18. 98' JOB #: 111 -042 DATE: 9 23 11 E X H f B I-N B COAST SURVEYING, INC. SCALE: 1 "= 40' 1312 W, SEVENTH STREET COAST PARKWAY LOOP, SUITE 8 SHEET 1 OF 1 TUSTIN. CA 92780 -6527 (714) 918 -6266 25C -16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: AGREEMENT WITH EDWARD K. AGHJAYAN FOR ENERGY CONSULTING SERVICES CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Edward K. Aghjayan, subject to nonsubstantive changes, approved by the City Manager and City Attorney for energy consulting services in an amount not to exceed $35,000. DISCUSSION Opportunities for energy efficiency and resulting cost reductions continue to be available through Southern California Edison and State of California programs. Since 2008, the City has had an energy efficiency partnership with Southern California Edison. The current partnership cycle continues through 2012 and is expected to be extended through 2013. In September 2008, the City entered into an agreement with Edward K. Aghjayan, a consultant with experience in managing energy programs. The consultant has been valuable in identifying new partnership opportunities and community programs. The consultant has assisted the City in evaluating and implementing various energy efficiency programs, including the development of energy efficiency kits delivered to 30,000 residences, implementation of the Small Business Direct Install program provided to 198 businesses in the Federal Empowerment Zone, and the Nonresidential Direct Install program delivered to 2,657 businesses. The consultant has also been key in addressing franchise issues and identifying opportunities for reducing City costs. Staff recommends approval of a new agreement with Edward K. Aghjayan to continue to assist in the development and implementation of energy efficiency programs and to address various energy related issues. 25D -1 Agreement for Energy Consulting Services January 17, 2012 Page 2 FISCAL IMPACT Funds are budgeted in the Public Works Administration activity for Contract Services - Professional accounts (accounting unit 10117601- 62300). \1,Raul Godinez II Executive Director Public Works Agency RG /CK Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25D -2 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 17`" day of January, 2012 by and between Edward K. Aghjayan (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of electrical utilities and 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 assist in the identification, evaluation, design and implementation of energy efficiency opportunities and community programs, as well as advising City staff regarding energy related issues and developments. 2. DELIVERY OF WORK PRODUCT Consultant shall deliver to City any and all work product which results from the services provided. Said work product shall be submitted in hard copy and produced in a form compatible with City's information systems, as agreed between the Project Manager and Consultant. In regard to any copyrightable material produced as a deliverable under this Agreement, including but not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer programs, Consultant agrees, for himself and his affected officers, employees, agents, contractors, and volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials. Any publications (including books, brochures, films, videotapes and other materials designed for public distribution) resulting from the project shall contain the following statement: "The activity which is the subject of this report has been financed in part with City funds. However, the contents and opinions do not necessarily reflect the views or policies of the City, nor does mention of trade names or commercial products constitute endorsement or recommendation by the City." 1 25D -3 3. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, at the hourly rate of $180.00. The total sum to be expended under this Agreement shall not exceed $35,000 during the term of this Agreement. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 4. TERM This Agreement shall commence on the date first written above and terminate on June 30, 2013, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended on the written approval of the Executive Director of Public Works and the City Attorney. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INDEMNITY Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligence or misconduct of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on his behalf in the performance of the services described in section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by 2 25D -4 operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: and Executive Director of Public Works Agency City of Santa Ana 20 Civic Center Plaza (M -21) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -5654 City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 To Consultant: Edward K. Aghjayan 19532 Ranch Lane #102 Huntington Beach. CA 92648 telefacsimile (714) 960 -5089 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 256-5 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice 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. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. 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. 4 25D -6 15. LIMITATION OF LIABILITY Neither party shall be liable to the other, whether in contract or in tort (including negligence, strict liability, or otherwise) for any consequential damages resulting from the performance or nonperformance of its obligations under the Agreement, or from termination of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By: Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: RAUL GODINEZ, lI Executive Director — Public Works Agency CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager CONSULTANT EDWARD K. AGHJAYAN Tax ID# 5 25D -7 OREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: AGREEMENT WITH ARAMARK CORRECTIONAL SERVICES FOR DETENTION FACILITY FOOD AND COMMISSARY SERVICE CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute the attached agreement with Aramark Correctional Services to provide inmate food and commissary services in an annual amount not to exceed $1,271,900, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The existing agreement for the Santa Ana Jail inmate food service program expires in February 2012. This food service program includes daily meals for all inmates, weekly inmate commissary service and operation of the staff cafeteria in the Police Administration facility. As a result, staff prepared a Request for Proposal (RFP 11 -047) seeking the most qualified and cost effective food service program. RFPs were sent to four vendors and all four submitted proposals. These proposals were reviewed by City staff for completeness, experience, ability to perform, and pricing. Staff recommends Aramark Correctional Services for inmate food and commissary service and staff cafeteria. Aramark is the current food service contractor, and they have provided a high level of service for the past 15 years. Additionally the cost of each meal will be reduced from $2.20 per meal to $1.94 per meal, an annual savings of approximately $61,475. Additionally, staff recommends Aramark to operate the Inmate Commissary program. Aramark has successfully operated this program in the past and their total commission rate of 55% far exceeded any other proposal that was received. The estimated annual revenue for the commissary program is $228,800. 25E -1 Agreement for Detention Facility Food and Commissary Services January 17, 2012 Page 2 FISCAL IMPACT Funds for the food services program i n Department, Detention Services fund ( Commissary program will be paid from from inmate deposits.) Commission rev account (account no 02314002 57403) no 01114002 57461). Paul M. Walters Chief of Police Police Department the amount of $1,271,900 are available in the Police account no. 01114475 62300). Funds for the Inmate the Inmate Commissary Trust Fund (which is derived enue will be deposited into the Inmate Welfare Recovery and the General Fund Kitchen Rental account (account APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25E -2 INMATE COMMISSARY AND FOOD SERVICE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2012 by and between ARAMARK Correctional Services, LLC., a Delaware limited liability company, having its principal place of business located at the ARAMARK Tower, 1101 Market Street, Philadelphia, Pennsylvania 19017 (hereinafter "ARAMARK "), 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, whose principal place of business is 20 Civic Center Plaza, Santa Ana, California 92702 (hereinafter "CITY "). RECITALS A. The CITY desires to grant the exclusive right to operate the Santa Ana Detention Facility commissary and to provide food service for the inmates, staff and visitors for the Police Administration and Holding Facility located at 60 Civic Center Plaza, Santa Ana, California. B. ARAMARK represents that it is able and willing to furnish nutritious, wholesome and palatable food to such inmates, staff and visitors in accordance with the terms of this Agreement. C. In undertaking the performance of this Agreement, ARAMARK represents that it is knowledgeable in its field and that any food services provided by ARAMARK shall meet all current regulations. 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 ARAMARK shall operate the Santa Ana Detention Facility commissary, perform inmate meal preparation, and operate the Code -7 Cafe, as those services are set forth in the CITY's Request for Proposals (RFP #11 -047) and ARAMARK's Technical Proposal for Food Service Management dated October 20, 2011, collectively, as described in Exhibit A attached hereto, and the details of which are on file at the Santa Ana Detention Facility in the care of the Jail Administrator, and incorporated by reference to this Agreement. 2. COMPENSATION A. FOOD SERVICE a. CITY agrees to pay, and ARAMARK agrees to accept as total payment for each Prime Option inmate meal served pursuant to this Agreement, a per meal cost of $1.94, which excludes 1 25E -3 sales tax. The price quoted herein applies for the period of February 1, 2012 through January 31, 2013. The per meal price may be adjusted annually by mutual agreement. If the parties cannot reach agreement as to a price increase, unit price shall be increased by the yearly percentage change in the CPI, All Urban Consumers, U.S. City Average, Food Away From Home Index, however, the price shall not increase more than five percent 5% in any year. The percentage shall be applied to the then - current per meal price to determine the price for the subsequent 12- month period, and such unit price shall be effective the first (1 st) day of such 12 -month period. b. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for inmate meals ordered or served whichever is greater, and Fresh Favorites meals ordered by inmates. The statements will reflect the preceding week's food services detailing the exact number of meals served on a daily basis as follows: 1. Actual number of adult inmate meals 2. Meals provided through the "Fresh Favorites" program 3. Any additional food or beverage services, as required 4. Staff Cafe sales report. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing meals ordered /served, subject to City accounting procedures. Payment shall be sent to: ARAMARK Correctional Services, LLC. P.O. Box 406019 Atlanta, Georgia 30384 -6019 B. COMMISSARY SERVICE ARAMARK shall weekly forward billing to the Santa Ana Detention Facility. ARAMARK shall keep a complete and accurate record of all gross sales of merchandise records for a period of at least one year. ARAMARK shall keep all inmate sales records for at least one year after termination of this contract. All records and books kept by ARAMARK in relation to services provided by this Agreement shall be open to inspection and audit of the City and its agents during normal business hours. Such records shall be kept separate and apart from any record ARAMARK maintains in connection with other business enterprises. ARAMARK shall return to City a total of 55% gross profit from the commissary operations at the Santa Ana Detention Facility, as set forth in the City's RFP #11 -047 and ARAMARK's Proposal, dated October 20, 2011. ARAMARK shall monthly provide an accounting of commissary operations for the previous month, and shall submit said accounting and a check representing the City's portion of gross profits to the Santa Ana Jail Administrator. 3. TERM This initial term of this Agreement shall commence on February 1, 2012 and terminate on January 31, 2015, unless terminated earlier in accordance with Exhibit A or Section 12, below. 2 25E -4 This Agreement may be renewed for two (2) additional one (1) year periods with the consent of the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR ARAMARK 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 ARAMARK performs the services which are the subject matter of this Agreement; however, the services to be provided by ARAMARK shall be provided in a manner consistent with all applicable standards and regulations governing such services. ARAMARK shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, ARAMARK shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Public Liability Insurance. ARAMARK shall maintain public liability insurance, including product liability insurance including the CITY, its officers, employees, agents, as additional insured(s) to the extent the City is liable for loss or damage arising out of ARAMARK's negligent or intentional acts in its performance of the services defined in this Agreement. The amounts of insurance shall be single limit coverage applying to bodily injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. ARAMARK shall supply CITY with a fully executed certificate of insurance including the City, its officers, employees, representatives and volunteers as additional insureds, in substantially the form attached hereto as Exhibit B upon execution of this Agreement and shall be approved in form by the City Attorney. b. Vendor's Protective Liability and Property Damage Insurance in the same minimum coverages as under Public Liability Insurance. c. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, ARAMARK is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, ARAMARK agrees to provide and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 3 25E -5 d. The following requirements apply to the insurance to be provided by ARAMARK pursuant to this section: (i) ARAMARK shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the CITY upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates shall state that the CITY will be given thirty (30) days' prior written notice of cancellation. e. If ARAMARK fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect ARAMARK's right to be paid for its time and materials expended prior to notification of termination. 6. INDEMNIFICATION ARAMARK agrees to and shall indemnify and hold harmless the CITY, its officers, agents, employees, contractors, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for bodily injury, including death, and claims for property damage, which may arise from the negligent acts or omissions of ARAMARK or its contractors, subcontractors, agents, employees, or other persons acting on their behalf in their performance of the services described in section 1 of this Agreement. However, it is expressly understood that ARAMARK shall not be responsible for damages caused by inmates nor by the acts or omissions of the CITY, its officers agents or employees. Neither any of the CITY's officers, employees, agents, servants or contractors, nor any inmates, are or will be deemed to be agents or employees of ARAMARK and no liability is or will be incurred by ARAMARK to such persons, except for bodily injury to such persons caused by ARAMARK's negligence or intentional acts. ARAMARK further agrees to indemnify, hold harmless, and pay all costs for the defense of the CITY, regarding any action by a third party asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. CITY may make all reasonable decisions with respect to its representation in any legal proceeding. The CITY shall promptly notify ARAMARK of any claim for which indemnity is sought, and shall cooperate with ARAMARK in the investigation and defense of such claim. ARAMARK shall have the sole discretion to defend and settle such claim. 7. CONFIDENTIALITY If either party receives from the other party information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, the receiving party agrees that it shall not use or disclose such information 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 4 25E -6 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 receiving party disclosed in a publicly available source; (c) is in rightful possession of the receiving party without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the receiving party without reference to information disclosed by the other party. 8. CONFLICT OF INTEREST CLAUSE ARAMARK covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To CITY: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza (M -97) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 245 -8007 and City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 25E -7 To ARAMARK: ARAMARK Correctional Services, LLC. ARAMARK Tower 1101 Market Street Philadelphia, PA 19107 Attn: President A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the CITY and ARAMARK, 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. In the event of a conflict between RFP 406 -151 and ARAMARK's proposal dated November 1, 2006, ARAMARK's proposal shall control. This Agreement may not be modified except by written instrument signed by the CITY and by an authorized representative of ARAMARK. 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 ARAMARK nor the CITY. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of ARAMARK, ARAMARK 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. 12. TERMINATION This Agreement may be terminated by the CITY upon thirty (30) days written notice of termination. In such event, ARAMARK shall be entitled to receive and the CITY shall pay ARAMARK compensation for all services performed by ARAMARK prior to receipt of such notice of termination, subject to the following conditions: 6 25E -8 Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION ARAMARK shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. ARAMARK affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement 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 any lawsuit in connection with or by reason of this Agreement may be brought or removed, as appropriate, in the state or federal courts for Orange County, California. 15. PROFESSIONAL LICENSES ARAMARK 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. ARAMARK shall notify CITY immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. PERSONNEL The City acknowledges that ARAMARK has invested considerable time and money in training its supervisory employees in systems, procedures, methods, techniques and other valuable information which is proprietary and unique to ARAMARK's manner of conducting business. Therefore, the City agrees that it will not hire supervisory employees of ARAMARK, working at the Santa Ana Detention Facility during the term of this Agreement and for twelve months after its termination. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 7 25E -9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY By: Teresa L. Judd Assistant City Attorney CITY OF SANTA ANA PAUL M. WALTERS Interim City Manager ARAMARK CORRECTIONAL SERVICES, LLC. MICHAEL MORGIONI Vice President, Finance Tax ID# 8 25E -10 EXHIBIT A ARAMARK shall provide commissary service and inmate food service for the Santa Ana Detention Facility as set forth in City's Request for Proposals #11 -047, and ARAMARK's Proposal dated October 20, 2011. ARAMARK shall serve three meals to meet the nutritional standards including the American Correctional Association, National Commission on Correctional Health Care, Recommended Dietary Allowances, as set forth in Section 5 of ARAMARK's Proposal. ARAMARK may utilize the City's Detention Facility kitchen to prepare meals to be sold to other institutions. ARAMARK shall obtain the written approval of the Chief of Police prior to commencing meal preparation for any outside facility. ARAMARK will reimburse City $0.05 per meal sold to any such outside facility, as set forth in section S.Q. of ARAMARK's Proposal. ARAMARK will provide food service for the City's Code -7 Caf6 located in the Santa Ana Police Department Administration Facility, with the objective of creating a high quality, inexpensive food service experience for the employees and potential visitors of the Police Department, as set forth in section 6 of ARAMARK's Proposal. ARAMARK shall provide catering services for City meetings and events upon the written request of the City Manager or his designated representative. Each such catering request shall be in writing and shall describe the services to be provided and the compensation for those services. ARAMARK will provide a Fresh Favorites program, allowing inmates of the Santa Ana Detention Facility to purchase a designated menu selection, a minimum of once per week. ARAMARK will fill the orders and deliver them to the inmates on the day(s) of the week agreed between ARAMARK and City. Payment for each individual Fresh Favorites order will be deducted from the individual inmate's account in the Inmate Welfare Fund. ARAMARK will remit to City a twenty -five percent (25 %) commission on the total Fresh Favorites net sales each month. City will be responsible for deducting the cost of the Fresh Favorites meals from the inmate's accounts. The City shall permit ARAMARK to verify that any inmate ordering Fresh Favorites has sufficient funds in his account to cover the Fresh Favorites purchase. 9 25E -11 25E -12 EXHIBIT B ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, are included as additional insureds ( "additional insureds ") to the extent the City is liable for loss or damage arising out of ARAMARK's negligent or intentional acts in its performance of the services defined in this Agreement. 2. With respect to claims arising out of the negligent or intentional acts in its performance of the services defined in this Agreement, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, such additional insureds will be give thirty (30) days' written notice of cancellation or material reduction in coverage below the coverage required herein. Such notice must be given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative 10 25E -13 25E -14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: January 17, 2012 TITLE: AGREEMENT WITH ABLE BUILDING MAINTENANCE COMPANY FOR JANITORIAL MAINTENANCE SERVICES - CITY VANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached amendment to the agreement with Able Building Maintenance Company for police and jail facility janitorial services in an annual not to exceed amount of $370,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On January 7, 2008, Council approved the three -year agreement, with two additional one -year renewal options with Able Building Maintenance Company to provide police and jail facility janitorial services. The Santa Ana Police Department wishes to amend said Agreement to provide for an additional year of facility services. The recommended action will allow for continuous service to the Santa Ana Police Department. FISCAL IMPACT Funds are available in the Police Department's Building & Facilities Division fund (account no. 01114403- 62300). 1 Paul M. Walters Chief of Police Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director d1 0 Finance & Mgmt. Services Agency 25F -1 25F -2 THIRD AMENDMENT TO CUSTODIAL SERVICES AGREEMENT THIS THIRD AMENDMENT TO AGREEMENT is entered into this day of , by and between Able Building Maintenance Company, a California corporation ( "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City "). RECITALS: A. The parties entered into Agreement A- 2008 -006 dated January 7, 2008, (hereinafter "said Agreement ") by which Contractor has provided janitorial services for the Santa Ana Police Department and Detention Facilities. B. In accordance with the intent of the parties and the terms and conditions of said Agreement, the parties wish to extend the term for an additional one -year period and to increase compensation to pay for services during the extended term. NOW, THEREFORE, in consideration of the mutual and respective promises, and subject to all the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 1, SCOPE, shall be amended to reflect a reduction of 3.5 hours of nightly service, effective May 1, 2012, through the remaining term df the Agreement, as set forth in "Exhibit A" to this Third Amendment 2. Section 2a, COMPENSAT `_`? 4, shall be amended to increase compensation to an amount not to exceed $370,000 tr for services during the extended term, at the rates and charges identified in "Exhibit A" to this =bird Amendment. Section 3, TERN, shall be extended for an additional one -year period to December 1, 2012. Services provided by Contractor since December 1, 2011, shall be included within the Scope of Services of this Agreement. 4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. 25F -3 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to Agreement the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY i Te Judd Assistant City Attorn y CITY OF SANTA ANA PAUL M. WALTERS City Manager ABLE BUILDING MAINTENANCE CO (Name) (Title) 25F -4 W t9 00 J Q a N O N H g O = N A M O g� m�m • a r r i v o c 'a o a Exhibit A 0 W O r C14 � M N T fii$(j 04 M N T p H �2 O M N CL o M N � m LfQ1m S o M N ,.1 p00 M N T S !qV N r O M N T v M 44 y� G. G p2 N N C Clq c R4 M W LL N o N T 40 � M N T li y UA o 1- H g O = N A M O g� m�m • a r r i v o c 'a o a Exhibit A 25F -6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: AGREEMENT WITH GOVERNMENT TRAINING INSTITUTE, INC. FOR CONDUCTING OF IMMEDIATE ACTION TEAM COURSE (GRANT UASI) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1St Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Authorize the City Manager or Chief of Police to execute the attached agreement with Government Training Institute, Inc., to provide the Immediate Action Team Course to first responders in the Urban Area in an amount not to exceed $600,000, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security developed the Urban Areas Security Initiative (UASI) funding program. UASI provides funds to local emergency first responders to enhance security and overall preparedness to prevent, respond to, and recover from acts of terrorism. The grant specifically provides funding for anti - terrorism equipment, planning, training, and exercises. The City of Santa Ana has fiscal responsibility for the FY11 UASI grant for the Anaheim/ Santa Ana Urban Area which encompasses the 34 jurisdictions in Orange County. The grant calls for training that will allow first responders to more effectively respond during crises and critical incidents. The Immediate Action Team Course provides law enforcement officers with proven tactics and techniques in dealing with active shooters and terrorist incidences. FISCAL IMPACT Funds are available in the FY 2011 UASI Grant Program through Project H — Training fund account (No.12514407- 62300, Activity 12424001187) as approved by the City Council with Resolution No. 2011 -061. Paul M. Walters Chief of Police Police Department Exhibit: Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgmt. Services Agency 25G -1 25G -2 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 16th day of January, 2012, by and between Government Training Institute, Inc., an Idaho corporation, (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. City, acting through the Santa Ana Police Department in its capacity as a Core City and lead agency for the Anaheim / Santa Ana Urban Area under the FYI I Urban Areas Security Initiative ( "UASI ") funding program, has applied for, received and accepted a grant from the United States Department of Homeland Security (Santa Ana City Council Resolution No. 2011 -061), and, in its capacity as a sub - recipient agency under the FYI UASI funding program, has applied for, received and accepted a sub -grant from the City of Anaheim (Contract No. A -2011 -044). Said grants will enhance countywide emergency preparedness to prevent, respond to, and recover from acts of terrorism by providing funding for equipment, planning, training, exercises, and technical assistance, hereinafter referred to as "the Grant." B. The City desires to contract with an expert in the field of tactical response to violence and terrorism in the school setting. C. Consultant represents that they have the necessary skills and experience to provide assistance in designing, planning and conducting the Training. D. Consultant has submitted a Proposal which identifies the scope, tasks and general time lines for providing the services and the costs thereof. E. 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 provide Immediate Action Teams Class # ID- 004 -RESP in accordance with Consultant's Proposal, attached hereto as Exhibit A, and incorporated by reference. All services required hereunder shall conform in all respects to standards for such training issued by the U.S. Department of Homeland Security. The parties anticipate that additional meetings, training and exercises will be planned and executed during the term of this Agreement. The City Manager and/or Chief of Police for the City of Santa Ana are hereby authorized to execute written amendments to this Agreement increasing the scope and compensation to allow for such additional meetings, training and exercises as they determine will fulfill the objectives of the Grant, for a total compensation amount not to exceed $600,000.00 under the entire Agreement. Page 1 of 10 25G -3 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement for the services set forth in Exhibit A shall not exceed $270,000.00. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing the completion of milestones as set forth in Exhibit A, subject to City accounting procedures. Payment need not be made for work that fails to meet the standards of performance set forth in the Recitals that may reasonably be expected by City. 3. USE AND OWNERSHIP OF DOCUMENTS It is understood by and agreed to between the parties that all documents, outlines, materials distributed during classes, and any other written papers or materials prepared for the presentations hereunder, paid for with Grant funds, or composed utilizing information provided by Santa Ana, shall be the property of Santa Ana and shall be delivered to Santa Ana upon completion of the services hereunder. Santa Ana shall grant Consultant a license to utilize such property for its own business purposes so long as such use is not contrary to the interests of Santa Ana. 4. TERM This Agreement shall commence on the date first written above and terminate on satisfactory completion of all training and exercises and submission of required evaluation and After Action Reports to the City, which the parties agree should be substantially complete on or before April 30, 2014. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as Page 2 of 10 25G -4 additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any covered act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Consultant shall supply City with a fully executed additional insured endorsement to be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability Insurance. Consultant shall provide professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and not less than $2,000,000 annual aggregate. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled without thirty (30) days prior written notice to the City. Ten (10) days notice if cancellation is due to non - payment of premium. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. 7. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, and special counsel from liability for personal injury, damages or just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, to the extent they arise from the negligent or willful misconduct in the performance of operations or errors or omissions of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement. Inasmuch as measures to prevent or mitigate the effect of any act or terrorism are unique to the act, and the actions that may be taken in controlling, preventing or suppressing acts of Page 3 of 10 25G -5 terrorism are unique to the act, Consultant is not responsible to City for designing or advising on or otherwise taking measures to prevent or mitigate the effect of any act of terrorism or any action which may be taken in controlling, preventing, suppressing or in any way relating to an act of terrorism. 8. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Telefacsimile (714) 647 -6956 With courtesy copies to: Santa Ana Police Department UASI / Homeland Security Division 60 Civic Center Plaza P.O. Box 1981 (M -18) Santa Ana, California 92702 Page 4 of 10 25G -6 and Telefacsimile (714) 245 -8098 Attn: Brad Hadley City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 Telefacsimile (714) 647 -6515 To Consultant: Government Training Institute Research Training Consult 25 E. Fairview Ave., Suite #215A Meridian, ID 83642 Telephone (866) 938 -5510 A party may change its address by giving notice in writing to the other parry. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. Page 5 of 10 25G -7 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work that fails to meet the standard of performance specified in the Recitals of this Agreement. 14. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16. PROFESSIONAL LICENSES Consultant shall, throughout the 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 Ma and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17. CONSULTANT CERTIFICATIONS /FEDERAL REQUIREMENTS a. Audit Records - With respect to all matters covered by this agreement all records shall be made available for audit and inspection by the City, the grant agency and /or their duly authorized representatives for a period of three (3) years from the termination of this Agreement. For a period of three years after final delivery hereunder or until all claims related to this Agreement are finally settled, whichever is later, Consultant shall preserve and Page 6 of 10 25G -8 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, Consultant 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 Consultant, upon request during usual working hours. b. Consultant 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. C. 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 Consultant 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. d. Americans with Disabilities Act of 1990 -(ADA) Consultant must comply with all requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable. e. 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." f. Civil Rights Compliance and Notification of Findim - Consultant will comply, and all its contractors (or subrecipients) will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789 (d), or Victims of Crime Act (as appropriate); 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; 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 Consultant 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 Consultant will forward a copy of the findings to the City which will, in turn, submit the findings to the Office of Civil Rights, Office of Justice Programs, U.S. Department of Justice. g. Consultant 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 Page 7 of 10 25G -9 supplemented in Department of Labor regulations (41 CFR chapter 60), as applicable. h. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Copeland "Anti- Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3), as applicable. i. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Davis -Bacon Act (40 U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. j. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of Sections 103 and 107 of the Contract Work and Safety Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor regulations (29 CFR Part 5), as applicable. k. Consultant will comply, and all its contractors (or subrecipients) will comply, with all applicable standards, orders or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and the Environmental Protection Agency regulations (40 CFR part 15), as applicable. 1. Consultant will comply, and all its contractors (or subrecipients) will comply, with all requirements of the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871), (53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995), as applicable. m. Consultant, and all of its contractors (or subrecipients), shall retain all required records for three years after grantees or subgrantees make final payments and all other pending matters are closed. 18. 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. 25G -10 Page 8 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: By: Teresa L. Judd Assistant City Attorney CITY OF SANTA ANA, a municipal Corporation of the State of California Paul Walters Interim City Manager GTI CORPORATION Name: Title: 25G -11 Page 9 of 10 25G -12 EXHIBIT A Page 10 of 10 25G -13 Government Training Institute/ Course Proposal �� �'���'� Santa Ana Police tin Iraintng. teniyptC Rosa Ponce de Leon 714.245.8672 Fat 'ii � Dina Proposal for (Immediate Action Tearns- 6 Sessions) Santa Ana will provide: 1 1. Classroom with computer and projector 2 days) 2. Standard Outdoor Range (2 days) 6. Building(s) where we can utilize Simunition (6 days) 4. If possible, abandoned houses for exercises Each student will need 280 rifle rounds /250 handgun rounds OR 500 handgun rounds for range day GTI will provide 1 Instructor, Student Notebooks, Student Manuals on CD, certificates, refreshments, parking Simunition man marking rounds and masking tape for all practical exercises; target backers and spray adhesive. This proposal is based on up to 60 students for each session of the Immediate Action Teams/ The Active Shooter class in a mobile training format to Santa Ana, California. Proposal price includes student tuition and all Government Training Institute expenses such as shipping and instructor travel costs. There will be 6 sessions, consisting of two 3 -day classes each, with thirty officers per each class. The sessions will be delivered as a Thursday- Saturday Class 1 and Monday - Wednesday Class 2 combination. Proposal price will remain unaffected if less than sixty students attend each session. Class Dates: Shall be scheduled as follows (subject to change based on available facilities and instructors): Session 1: February 9 -11 & 13 -15; Session 2: April 12 -14 & 16 -18; Session 3: June 14 -16 &18 -20 Session 4: August 9 -11 & 13 -15; Session 5: October 11 -13 & 15 -17; Session 6: December 13 -15 & 17 -19 The Government Training Institute's Immediate Action Team Course covers 14 separate modules in 3 days, each a 10 hour day. Students learn proven tactics and techniques for smaller first responder elements in dealing with an active shooter and the initial response to a terrorist incident. Students have daily practical exercises as well as instruction throughout the 3 day curriculum. The IAT course gives students instruction and practical application in the following tactical training: ➢ Officers will learn proven tactical shooting skills during range sessions and force on force scenarios. ➢ The student will learn the difference between the traditional response and the acceptable response to an active shooter situation along with initial response to terrorist situations. ➢ The student will learn the proper techniques and skills needed to respond to an active shooter and terrorist situation. ➢ Officers will become familiarized with current thoughts on the Priority of Life and the differences surrounding traditional and acceptable responses. ➢ Officers will be provided with a CD that covers the material taught as well as detailed information on past terrorism /active shooter incidents; The Siege of Beslan, Columbine, and other active shooter incidences. To acce t proposed training, lease contact your GTI representative: 'mal Proppsal`Cost: $270,000 Proposal for up to 360 students Notes, PTV p red By: Alec Sarrazolla Et:►afl.� alec(a_,,gtitraining.org If training proposal is accepted, training dates must be pre - approved by GTI a minimum of I month in advance, unless otherwise specified above. Government Training Institute- Boise, ID / Denmark, SC :.. )938-5510 Fax: (208)9 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: AGREEMENT AMENDMENT WITH MASTER LANDSCAPE AND MAINTENANCE i e L �- CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Accept termination notice from Pinnacle Landscape effective January 13, 2012. 2. Authorize the City Manager and Clerk of the Council to execute the attached agreement amendment with Master Landscape & Maintenance, Inc. to provide park landscape maintenance services in District 3 for a six month period in the amount of $225,144, for a total agreement amount not to exceed $494,200, subject to non - substantive changes approved by the City Manager and City Attorney. 3. Authorize the Parks, Recreation and Community Services Agency to issue a Request for Proposals (RFP) to qualified companies to provide landscape maintenance services. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) currently divides the City into five separate park maintenance districts. On March 12, 2011, PRCSA issued an RFP for park maintenance services for all five districts. On June 6, 2011, the City Council awarded contracts for all five districts, including Pinnacle Landscape for the maintenance of District 3. Soon after the start of the contract, Pinnacle Landscape realized that they had bid too low and did not have the money in the contract to perform to specification. On December 15, 2011, Pinnacle Landscape submitted a 30 day termination notice, which staff recommends the City accept. The proposed agreement amendment with Master Landscape, for the maintenance of District 3 will provide maintenance per the City's park landscape specification for a six month period. This will give PRCSA time to issue an RFP for the maintenance of District 3. District 3 is located in the southeast quadrant of the City and includes 10 properties, including Delhi, Madison and Memorial parks. The District 3 six -month contract amount is $204,676. An additional 10% contingency is included for unanticipated work, resulting in a total agreement amendment amount of $225,144. Master's existing agreement in District 1 is for $269,056, bringing the new total not to exceed agreement amount for both districts is $494,200 until June 30, 2012. Master Landscape currently maintains District 1 and is performing well. 25H -1 Master Landscape Amendment January 17, 2012 Page 2 FISCAL IMPACT Funds for this agreement are available in the Park Services M &R Buildings and Grounds account (no. 01113250 62320) and the Community Development Maintenance Contract Services account (no.40718842 62300). Gerardo Mouet, Executive Director Parks, Rec. and C Svcs. Nancy T. wards, Interim E cutive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Mgt. Svcs. Agency 25H -2 0 PINNACLE Landscape Company Sent Via: U.S. Ceriffied Mai! 70102780000334930898 and Email December 15, 2011 Mike Lopez, Park Inspector Robert Carroll, Senior Management Analyst City of Santa Ana 20 Civic Center Plaza, 4th Floor Santa Ana, CA 92701 Dear Mr. Lopez, This letter is to notify you the City of Santa Ana is currently $86,690.80 in arrears of payment for landscape services provided. This constitutes a material breach of your contract with Pinnacle Landscape Company. Due to this material contractual breach, we are notifying you of our 30-day notice of intent to terminate the landscape maintenance services at your property known as City of Santa Ana District 3; our last day of service will be January 13, 2012. Should you need to have your new landscape company start earlier then the termination date above, please let us know and we will arrange to adjust the billing for the days worked on the property. If there is anything that we can do to make this transition easier for you, please let us know. If you should have further questions, please do not hesitate to contact me at (714) 434 -7472 ext. 238 or email at email: cadenCa)pinnaclelandscape.co 2200 S. Fairview Street, Santa Ana, CA 92704 • (714) 434 -7472 (P) • (714) 434 -7492 (F) www .pinnaclelanciscapecompany.com 215Py11 TO 25H -4 FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on January 17, 2012, by and between Master Landscape and Maintenance, Inc., a California corporation ( "Contractor ") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ( "City"). RECITALS: A. The parties entered into that certain Agreement A- 2011 -147, dated June 6, 2011, (hereinafter "said Agreement ") by which Contractor has provided park landscape maintenance services for Santa Ana Parks District 1. B. The City requires maintenance of parks in District 3, and Contractor has agreed to provide such maintenance through June 30, 2012. C. The parties wish to amend said Agreement to increase the Scope of Services and compensation to include maintenance of the District 3 parks. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform landscape maintenance services for Santa Ana Parks, District 1 and District 3, as set forth in City's Request for Proposal 11 -004 (RFP), dated March 10, 2011, and the maps included therein. Said RFP is on file at the Parks, Recreation and Community Services administrative offices, and incorporated to this Agreement by reference. Contractor shall specifically comply with the Specification for Routine Maintenance, as amended by Addendum 1 and Addendum 2, attached respectively to said Agreement as Exhibits A, A -1 and A -2, and Contractor's Proposal dated April 12 2011, attached to said Agreement as Exhibit B." 2. Section 3.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Contractor's fee schedule, attached hereto as Exhibit C, and incorporated by reference. The parties agree that Contractor will charge for Specialized Services, Irrigation Specialist at the rate of $41 per hour rather than $85 per hour. The total sum to be expended under said Agreement shall not exceed four hundred ninety-four thousand, two hundred dollars ($494,200.00) during the term of said Agreement. Said total expenditure includes $244,596.00 plus a ten percent (10 %) contingency for unanticipated work required in Park District 1, and $204,676 plus a ten percent (10 %) contingency for unanticipated work required in Park District 3." 25H -5 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney Laura Sheedy Assistant City Attorney CITY OF SANTA ANA PAUL M WALTERS Interim City Manager MASTER LANDSCAPE & MAINTENANCE, INC. ROBERT WHITECOTTON President 011161" EXHIBIT C FEE PROPOSAL PARK MAINTENANCE SERVICES DISTRICT 1 AND 3 25H -7 (0 O Q O n m N LL U x LU W W M ell G V W a vi C O w 29 a) a c m Cro G Lnn O a cc a a O 4 O z a a Q c M_ Q CL u o � a u o N 2 d > M o d� d o 4, n. o 4- L N �! O tya t -0 Lo y C O o• v � a v bO N S @ � � � c c ro v 7 a c 10 a •� E o i bo ro u O/ V .Oi O Y N U •@ CS G V m a a N 'A c co E o o ro .L r O C N O t O O > c � � O m to two C_ !c3 C O O C CL Y O E d E O o E O ti v c r 0 {L > V L n y y � u m uxi ry d t U m O SJ_ ■_Il•� O Cj o o U c to Q ov cc N b �Gp r U J 4 �} c4 O � O m•fl�J N ). O 4- cEo '&) c-4 1-3 C) G u r TZ) a�'61) %off c,?'_' CJ f � � f Nor r r� 0 d F 2 a cO - rl Q O O -10 to O tD t17 O 0 O 0 t0 0 c!1 V1 O O O to O O tD Ol O tt r! N O to N N 0 Ul 0 O 0 O tD O O O M W M O l6 t\ t+i m O W M ci N h N W O W W O to VS O1 W O d tttf'1 Q d O F% m n 5 0 M N a�3 R4 a °c W d l) •G: m Ol L .a X m E 3 LU > 0 C -w x > a 2 .% ar 3 °; a o ac c ° ro Q u > �' N o 0 �o a ° m 2 W rl M1t `a3 C N s 3 y ro Ny� N 00 a t N A MU C co y.r U V D tll W at Z > w 0 a `j C Q _ to V N V U U 4 tit lL Il d N lA (n N-{ a © p 14 1-1 H SJ_ ■_Il•� J a .Q x A c �L ro �3 U d c � c c ro m IV � c c O c 3 � a N 41 tL A x a � ro c o o� LO C CO ,ro ��E = 3 ro � LL �' Y E ro a c v U .a v 43 o S O 'N� SLY �Oj o t �r �T 00� O b 4 (" p Cd N NQQ N �q � 0 � O q r dJJ p :3 O C pO •�Wi. - � N� r i cJ `4 . O 6 " S cJ to a N c r M � r c� �(l Odto d pp O OOVdp. c0 a .o d g f� JO G� O r v- v 6� o �_ tin lS� o �n 0 �o Ci o 0 t 9� ot� a'� Nr �� N� ��t cvc�o N --(0. � N N CP Jo N kt, t.s mmmmmmmmmm a V d d vttv�v�vvct��•� Q Q Q V Li O O cl Ll1 O O tD It O O co O O in O O m h O .1 O n Lf1 tD o O 0 r/ M O 0 q pp O O Cl n Ln pp ti N 00 OS lD O O 00 Ln Ln O N O O N N O O m N a l It OO m N O to M N to to O m 4 O O ri t` t6 O O O O to M c, tt M Ln h ri •o L m •t �L b r- Q a w a 49 °d to Q c L p Ly ICL7 c O tD O LL c N to rn u O c CL. n m 3 c cn t F o ar 3 $ a d M 3 O N ro 00 •D � •� N �C Y Q aC Y W v C D �p Y O _ aci v o o mm v c o o� N "�+' L7 w 0. o ff1 o U Ll °f J G oEi In mod+ t/L V Q aLroi co U u LL U� U 2 cu G K� I1 f QA t U La/1 .-1 N m C lfi lD t` c0 61 O N N m Ln l0 ^ W o O ( M ,* to r-1 N M tat rq In �+ O Q d J a .Q x A c �L ro �3 U d c � c c ro m IV � c c O c 3 � a N 41 tL A x a � ro c o o� LO C CO ,ro ��E = 3 ro � LL �' Y E ro a c v U .a fA z O F c�3 LL U W a y 0 LL H Z 2 a_ 0 25H -10 REQUEST FOR PROPOSALS RFP 12 -006 PRCSA FOR PROVIDING PARK LANDSCAPE MAINTENANCE SERVICES IN DISTRICT 3 KEY RFP DATES: Issue Date: March 16, 2012 Pre - proposal Conference: March 20, 2012 Proposal Due Date: April 10, 2012 25H -11 REQUEST FOR PROPOSAL Notice is hereby given that sealed proposals will be accepted for providing park landscape maintenance services for the City of Santa Ana, at the Parks, Recreation and Community Services Agency, Budget and Accounting Section, 26 Civic Center Plaza. 2nd Floor, Santa Ana, California, 92701 until 4:30 p.m., April 10, 2012. If further information is required, please contact Robert Carroll, via email at rcarroll @santa - ana.org. Mailed proposals should be addressed as follows: Parks, Recreation and Community Services Agency Budget and Accounting Section M -23 P.O. Box 1988 Santa Ana, CA 92702 Attn: Robert Carroll or delivery by hand or courier to: Parks, Recreation and Community Services Agency Budget and Accounting Section M -23 26 Civic Center Plaza. 2nd Floor Santa Ana, CA 92701 Attn: Robert Carroll Note: PRCSA is located on the second floor of the Santa Ana Main Library. It is the responsibility of the company submitting a proposal to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to proposal due date and time. Late proposals will be returned to the contractor unopened. The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. 2 25H -12 I. REQUEST FOR PROPOSAL TERMS A. PROPOSAL SUBMISSIONS Proposals must be submitted to the Budget and Accounting Section in a sealed envelope labeled with, the name of the company, RFP NO. 12 -006 and the proposal due date and time. An authorized representative of the contractor must sign the proposal. B. PROPOSAL WITHDRAWAL Proposals may be withdrawn by written request received before the hour set for the opening. After that time, the contractor may not withdraw proposals for a period of ninety (90) days from the date of the opening. C. LATE PROPOSALS It is the responsibility of the contractor to see that any proposal submitted shall have sufficient time to be received by the Budget and Accounting Section prior to the proposal due date and time. The City shall not be responsible for proposals lost or delayed in the mail. Late proposals will be returned to the contractor unopened. D. REQUIRED DOCUMENTS Contractor must return the following completed documents with their proposal: 1. Detailed proposal of services in accordance with the specifications detailed in Exhibit A. Proposal should include a business plan specifying the resources the contractor will dedicate to this agreement, including a detailed organizational chart depicting the organization's hierarchy and each position and number of positions by job classification, who they report to, different crews, etc. Proposals should include job qualifications of key contract staff including general manager, superintendent, supervisor, irrigation specialists, pesticide operators, and lead maintenance workers. The organizational chart should also depict the ball diamond infield sub- contractor's staffing levels. The proposal should take into consideration the evaluation criteria included in Section III and should not exceed 20 pages. 2. Bid Bond 3. Completed Contractor's References form (Section IV); 4. Signed Proposal Form (Section V); 5. Attach Certified Irrigation certificate as required in Section II.D.2.b. 6. Exhibits B, C and D are for reference only, but will be required when a contract is awarded. Contractor must submit one original and ten (10) photocopies of each proposal offered. E. RIGHTS RESERVED The right is reserved by the City of Santa Ana to reject any or all proposals or to waive any informality or technical defect in a proposal. F. AGREEMENT Successful contractor(s) will be required to enter into an agreement with the City of Santa Ana. The City reserves the right to enter into an agreement with any, all, or none of the contractors for a one -year period, with the option of extending the agreement for three additional one -year terms. 3 25H -13 G. SELL OR ASSIGN The successful contractor shall not have the right to sell, assign, or transfer any obligations resulting from this proposal without the specific written consent of the City. H. RECEIVING TIME The receiving time in the Budget and Accounting Section will be the governing time for acceptability of proposals. Telegraphic, telephonic and facsimile proposals will not be accepted. I. COMPLIANCE WITH LAWS All proposals shall comply with current federal, state, and other laws relative thereto. Contractor further agrees that the services proposed comply with all applicable Federal and State Occupational Safety and Health laws, standards for regulations, and that contractor will indemnify and hold the City harmless for any failure to conform. J. REFERENCE TO SUCCESSFUL CONTRACTOR The terms vendor, supplier, proposer or contractor may be used interchangeably in these specifications and shall refer exclusively to the contractor(s) with whom the City enters into a contract. K. INQUIRIES Refer inquiries via e -mail to Robert Carroll, rcarroll @santa - ana.org. L. E -MAIL COMMUNICATIONS To facilitate the request for proposal process, contractors are required to monitor and respond to e -mail requests on a daily basis. M. PRE- PROPOSAL CONFERENCE AND JOB WALK A pre - proposal conference and job walk will be held at 8:30 a.m. on Tuesday, March 20, 2012 in the Main Library, Meeting Room A, 26 Civic Center Drive, 2nd Floor, Santa Ana, CA. The pre - proposal conference will last approximately one hour. Immediately following the pre - proposal conference, staff will conduct a job walk to view key park locations. One follow -up job walk may be scheduled, if necessary, to address questions submitted via e -mail. Please RSVP to Robert Carroll (714) 571 -4218, by March 15. All proposers are strongly encouraged to attend. N. PRE- QUALIFICATION PROCESS In addition to submitting all documentation required in this request for proposal, contractors shall also be required to demonstrate their ability to successfully perform the type of maintenance work contemplated by this request for proposal, including but not limited to providing an adequate number of staff, suitable equipment and materials. The contractor shall be prepared to introduce key staff assigned to carry out the work detailed in the specifications Exhibit A. Contractor shall also present the contractor's business plan, including the organizational chart, and prove how the company is the best qualified for this agreement. O. SURETY BONDS Each proposal must be accompanied by a bid bond or a cashier's/ certified check payable to the City of Santa Ana, in an amount not less than ten percent (10 %) of the annual contract price, as 25H -14 a guarantee that the contractor who submits the successful proposal will enter into the proposed contract if the same is awarded to him. The successful proposer will also be required to submit a payment bond an amount not less than fifty percent (50 %) of the annual contract price. These bonds can be broken down by district and only need to be submitted for the districts you are applying for. P. REVIEW OF JOB SITE The Contractor shall be held responsible for carefully reviewing the sites and maps and verifying all areas of work, prior to proposal submittal. II. SCOPE The City is interested in receiving proposals from contractors for providing park landscape services at the 50 parks and other properties listed in Exhibit F. The detailed specification included as Exhibit A describes the quality of work that is expected from the contractor. The City reserves the right to contract with any, all, or none of the contractors who submit base proposals and /or alternate proposals, and reserves the right to enter into only one agreement with a single contractor. REQUIRED SUB - CONTRACTORS Contractor shall enter into separate agreements with one of contractors listed below. These sub- contractors shall perform specialized maintenance in accordance with the specifications detailed in the referenced Attachments. Baseball /Softball Infield Maintenance — Attachment 1 • Major League Softball 621 E. Walnut Ave. Burbank, CA 91501 (818) 559 -8787 office • Professional Sports Field Maintenance, Inc. 23 Emerald Glen Laguna Niguel, CA 92677 Phone: (949) 661 -0493 • Merchants Landscape 1639 C East Edinger Ave. Santa Ana, CA 92705 (714) 720 -1330 • Elite Infield Maintenance linda @eliteinfields.com Other ball diamond subcontractors that can demonstrate a history of providing equal quality ball diamond maintenance services in other cities may be considered. Contractor may enter into a separate agreement with an irrigation management and repair company. This contractor shall perform irrigation management and repair maintenance in accordance with the specifications detailed in Exhibit A. 5 25H -15 III. EVALUATION OF PROPOSALS The response to this Request for Proposals should contain documentation of contractor's credentials and expertise in this field. Consideration will be given to contractors with demonstrable and documented experience in similar work. An evaluation committee will review the responses received and interview the companies who submit the most responsive proposals. The following evaluation criteria and weights will be used to evaluate the bids: Capability and Experience of Contractor (25 %) 1. Ability of contractor and his /her ball diamond infield maintenance sub - contractor to obtain the staff and equipment necessary to perform specifications as outlined in the contractor's business plan 2. Ongoing plan for providing certified irrigation techs on this job, and FTE's assigned 3. Training and safety precautions taken to perform specifications 4. Experience of supervisory and management staff assigned to the contract 5. The value of any new product or service suggestions or other new ideas or enhancements Past Performances (25 %) 1. Past record of performance on contracts of similar size and scope with Santa Ana or other governmental agencies including such factors as reliability, adherence to specifications and compliance with contract terms and conditions 2. Past record of performance on requests for extra work, including ability to accurately bid jobs, cost competitiveness, and quality of work 3. Acceptable, verifiable references and site reviews Cost of Proposal 50 %) 1. Cost of base proposal 2. Cost of specialized services 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 with a score above 70. FOLLOW -UP OF EVALUATION PROCESS BY CONTRACTOR Contractors may follow up on the evaluation of the proposals by contacting Robert Carroll, via email at rcarroll @ santa - ana.org. 6 25H -16 IV. CONTRACTOR'S REFERENCES These sheets must be completed in full and returned with contractor's proposal. List and fully describe three contracts performed by your company, which demonstrate your ability to provide services in accordance with the specifications included in this RFP. Attach additional pages if necessary. The City reserves the right to contact each of the references listed for additional information regarding your company's qualifications. Customer Name: Address: Contract Amount: Reference No. 1 Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Contract Amount: Reference No. 2 Contact Individual: Phone Number: Year: Description of equipment and services provided: Customer Name: Address: Reference No. 3 Contact Individual: Phone Number: Contract Amount: Year: Description of equipment and services provided: 25H -17 V. PROPOSAL FORM The undersigned contractor agrees to provide park landscape maintenance services in accordance with all specifications. I /We have stated herein the services and fees that I /we will furnish and deliver as specified. Where there is a discrepancy between words and figures, words shall govern. I have verified that all information, attachments, and copies required in Section I.D. are included. Name of Contractor (Person, Firm, Corp.) Address Address Telephone Number 8 25H -18 Signature of Authorized Rep. Name and Title (Please Print) Date E -Mail Address EXHIBIT A SPECIFICATION FOR ROUTINE MAINTENANCE I. GENERAL CONDITIONS A. FUNCTIONS AND RESPONSIBILITIES 1. City - Director's Authority The Director is the only person authorized to direct changes in any of the requirements under the Agreement and, not withstanding any provisions contained elsewhere in the Agreement, and said authority remains solely in the Director. In the event that the Contractor effects any such changes at the direction of any person other than the Director, the changes will be considered to have been made without authority and solely at the risk of the Contractor. In addition, the Director shall have the authority to accept /reject materials, workmanship and to make changes in work or schedule, when the City determines that no extra costs are involved. The intent of these specifications is known by the City of Santa Ana. Any questions relating to the interpretation of these specifications must be addressed, in writing, prior to the start of work. When the performance of the work or completion per schedule is determined to be sub - standard, the director may recommend that all or a portion of payment be withheld. Payment to be withheld shall be deducted from the next monthly payment due, or if the amount is insufficient to cover payment, the Contractor shall be liable for said deficiency and will be billed accordingly. The Director, or his authorized representative shall decide all questions, which may arise as to the manner of performance and completion per schedule, acceptable fulfillment of the Agreement by the Contractor, interpretation of the specifications, and compensation, including completion of work by alternate sources. 2. Contractor a) Local Office The Contractor shall maintain a physical office within the 714 area code (local office). The local office shall be open Monday through Friday 8:00 a.m. to 5:00 p.m. with a company representative present at all times. Answering services or mobile telephones will not be considered a local office. b) Submittals Prior to contract commencement, and by the first of every month thereafter, Contractor shall submit to the Director for approval: 1) a detailed annual, monthly and weekly work schedule consistent with task frequencies in Exhibit A; 2) time sheets of employees assigned to the contract areas; 3) names and titles of all persons working on the project and their qualifications; and 4) 9 25H -19 equipment, materials and /or chemicals to be used on the project. The information contained in the above referenced documents shall be updated with any new information as changes occur. The Director shall be immediately notified of any changes to the above information. c) Uniforms and Vehicle Identification The Contractor shall provide to all field personnel a standard uniform including but not limited to uniform company hats, collared work shirts, pants, jackets, vests and ANSI approved safety shoes. All uniforms will be marked with some form of company logo or other form of identification. All vehicles and equipment on the project site shall be in operable and working condition, clean appearance without visible damage, dirt graffiti etc. In addition, all vehicles shall have the company's name clearly identified on the right and left side doors. B. SAFETY REQUIREMENTS All work performed under this contract shall be completed with maximum safety as the priority above all other requirements. In the event unsafe work is observed by City staff or otherwise reported, the Director may at his discretion order Contractor to stop performing and pay all costs and or damages resulting from the delay. C. SAFETY NOTIFICATION If Contractor identifies a potential safety issue, Contractor shall: 1. Notify the public that potentially unsafe conditions exist by installing yellow "Caution Tape" and "A" frame barricades or equal substitute around the condition. 2. Notify the Director of the condition first by phone and then in writing (e -mail is acceptable) including digital photographs of the potential safety concern. Once the Contractor has notified the City and the public of the condition, as specified above, Contractor shall have no further responsibility regarding the condition. D. UNDERGROUND ALERT SYSTEMS Underground Alert Systems (telephone number 1- 800 - 422 -4133) must be notified 48 -hours in advance prior to any excavation work. E. PROPERTY DAMAGE Any damage to private property caused by Contractor shall be immediately reported to the property owner. Contractors shall pay for any damage caused to private property in performing this agreement. 251 -20 F. ACCESS TO PRIVATE PROPERTY Prior to any work involving private property, the Contractor shall notify the City of the proposed work and obtain all necessary permits and /or consent required from City and /or property owner. G. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS The Contractor shall protect City and /or private property adjacent to work areas including sprinkler systems, drain pipes, lawns, brick work, plantings, masonry work, fences, walls, sidewalks, street paving, etc., located on either public or private property. Contractor shall, at its expense, replace any property that is removed or damaged, other than property pre - approved for removal. Contractor shall abide by the City's "Policy for Driving on Park Property" (See Attachment 6). H. TRAFFIC CONTROL The Contractor will not interrupt traffic flow on City streets. In situations where it is necessary to restrict traffic flow, the Contractor will contact the appropriate City department and obtain all necessary permits and /or consent from the responsible public agency. I. MONTHLY REPORTS Prior to the first day of each month the Contractor shall submit the following reports: 1) employees daily work schedule by location and crew /task(s); 2) pesticide use report that was forwarded to the Agricultural Commissioner's Office; 3) irrigation report; and, 4) "green waste" recycling report. J. WATER COST City will pay for water used by Contractor pursuant to this agreement up to a specified amount detailed in a monthly Estimated Applied Water (EAW) report. Should the amount of water applied exceed the monthly EAW then the Contractor shall pay the cost of the excess water. II. GROUNDS /LANDSCAPE MAINTENANCE SPECIFICATIONS A. DEFINITIONS 1. "Director" shall mean the Executive Director of Parks, Recreation and Community Services or designated representative. 2. "Pruning" shall mean the practice of removing lateral shrub or tree branches and may also be referred to as "trimming." 11 25H -21 3. "Weed" shall mean any undesirable or misplaced plant. B. SCOPE OF WORK It is the intent of this agreement to continually improve the quality of the facilities. The Contractor shall provide all labor, training, materials, tools, equipment, transportation, hauling, dumping, fertilizers, pesticides, chemicals and other items needed to perform high quality grounds /landscape maintenance pursuant to the terms defined herein. The Contractor shall provide all grounds /landscape maintenance at work sites listed herein, including, but not limited to pruning /trimming, shaping and training of trees, shrubs, and ground cover plants, removing and controlling weeds, controlling plant diseases and pests; mowing turf, edging turf and ground cover; irrigating plant material; maintaining and repairing irrigation systems; removing trash and debris; ball diamond maintenance; picnic area maintenance; tot -lot maintenance; and, other services required to maintain the work sites in a safe, attractive and useable condition. The Contractor shall maintain all plant material in a healthy and beautiful condition using the best industry/ horticultural accepted standards for growth, color, and appearance as determined by the Director. Contractor understands that it is assuming maintenance responsibility of the parks /locations "as is" and is responsible for improving all aspects of the parks, irrigation system, hardscape, turf, ground cover, plants and all other areas to the quality described in these specifications. C. EXTRA WORK It is the City's intent to keep parks and other public recreational sites in a beautiful and exceptionally well maintained condition. This specification is designed to continuously improve parks and public recreational sites. It is with this intent in mind that the Director may consider authorizing extra work. Extra work will not be initiated without written authorization. In emergency situations, a not to exceed price may be submitted by contractor via e -mail for review /approval by City. The Director may request that the Contractor submit proposals for extra work in order to improve the grounds - landscape in the contract sites. The Contractor shall submit proposals using the City's Proposal for Extra Work Spreadsheet (see Exhibit E). The Contractor shall complete the spreadsheet in its entirety using his /her proposed extra work pricing (that is a part of this agreement) in order for the proposal to be considered. City reserves the right to request materials /equipment receipts with invoices. All labor shall be quoted on a "not to exceed" basis and City will only pay for labor actually incurred. D. OUTSIDE OF SCOPE Damage or malfunction to plant material or irrigation system equipment (from valve to water meter), with the exception of irrigation heads and lateral lines, by any of the following may be considered outside the scope of this Agreement: 251 -22 (1) Acts of God (2) Civil Disorder (3) Vehicle Collision (excluding Contractor and its employees and subs) (4) Excavation or re- surfacing of the street (5) Power failures (6) Underground wiring damage Contractor will not be considered responsible for replacement. Contractor must prove to the satisfaction of Director that one of the above occurred in order to be excused from performing under the Agreement. 1. Scheduling of Work — Routine Maintenance a) The Contractor shall provide landscape maintenance between the hours of 6:00 a.m. and 6:00 p.m., Monday through Sunday. The schedule may be modified only with the Director's consent. Landscape maintenance that generates excess noise cannot begin before 8:00 a.m. b) The Contractor shall establish schedules of "routine work" to be followed in the performance of this contract. Schedules listing the name and size of specific crews performing daily, weekly, monthly, annual and periodic maintenance shall be submitted to the Director each month. A copy of these schedules shall be provided to the Director prior the performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. The schedule shall include days of the week and what person/crew will be performing specific work in accordance with the specification. Each person/crew will be identified and list the number of employees by job classification. Once the initial schedule of "routine work" is completed the Contractor shall notify the Director in writing before any changes are made. c) The Contractor shall establish a schedule of renovations, pruning /trimming and other infrequent operations. A copy of this schedule shall be provided to the Director prior to performance, and any changes in scheduling shall be reported in writing and subject to the approval of the Director. Contractor may be required to use schedule template provided by City. Once the initial schedule is completed the Contractor shall notify the Director in writing before any changes are made. 2. Work Force a) Contractor's supervisory personnel (Supervisors) shall have a combination of five years experience or education in Ornamental Horticulture, Landscape Architecture, Irrigation Technology or related science. Supervisors shall also possess landscape /grounds management skills required to implement modern methods and newly developed horticultural and arboriculture procedures and /or practices. Supervisors shall accompany the Director on weekly inspection tours of the contract sites. During the tour the Supervisor shall indicate the work completed the previous week, any changes that were made or are being contemplated and the work scheduled for the upcoming week and month. 251 -23 b) The Contractor shall provide a Certified Irrigation Specialists in each district who possess, at minimum, a Certificate in "Ornamental Horticulture Certificate of Proficiency Specialization in Landscape Irrigation" or hold a current California Landscape Contractors Association "Certified Landscape Technician" certificate to manage each sites irrigation systems controller programming, performance and maintenance including, but not limited to, performing all irrigation checks /report writing and to perform repairs and/or, modifications to the irrigation system. Your proposal will be evaluated on the qualifications of this individual and the amount of FTE's you assign to each district. Copy of certificate is required with proposal submittal. c) Director may require Contractor to remove any employee from work sites at his or her discretion. 3. Materials a) The Contractor shall submit to the Director a list of all materials and /or chemicals that may be used pursuant to the terms of this Agreement. The list shall include Material Safety Data Sheets and chemical analysis where applicable, recommended usage and any other manufacturers data that may be pertinent. The list must be submitted before any materials /chemicals are used pursuant to this Agreement. b) The materials and chemicals utilized in furtherance of this Agreement shall comply with the following standards: (1) All fertilizers shall be complete, furnishing the required percentage of nitrogen, phosphoric acid and potash to keep lawns, trees, shrubs and other plants in a healthy and vigorous growing condition. (2) Pesticides including but not limited to: Insecticides, fungicides, herbicides, algaecides, aviacides, and rodenticides shall be of the best quality obtainable and available on the market, properly labeled with guaranteed analysis, and brought to the job site in the manufacturer's original container. (3) Tree stakes, tree ties and guy wires shall be of materials matching those existing at the work site or as specified by the Director. 4. Trash Disposal and Recycling All organic waste (including leaves, grass clippings, brush, branches, and tree parts) resulting from work performed under this contract shall be disposed of pursuant to the requirements of the Santa Ana Municipal Code (SAMC) Chapter 16. Organic waste cannot be taken to a landfill. Every month, the Contractor shall submit receipts from licensed composters /green waste recycling facilities, to the Director listing the tons of organic waste recycled and the names and addresses of the composting or processing companies. 250 -24 As an alternative, the City will allow Contractor to dispose of green waste and trash in bins provided by the City. The City will determine the amount of green waste and trash allowed to be dumped in these bins based on historical amounts. Any additional disposal fees must be paid by Contractor. At no time will the contractor be allowed to dispose of trash or green waste that was not collected as part of this contract. If the City finds that the contractor is disposing of trash from other contracts, the City will discontinue this service for the contractor and the contractor will be required to pay for their own trash service. E. ROUTINE MAINTENAN Routine maintenance shall include but not be limited to the following services performed at the Work Sites listed in Exhibit F. 1. Turf Care Turf care shall be differentiated by the two types of turf - "Casual Turf' and "Sport/Priority Turf (see site maps in Attachment 5 that identify the areas for each type of turf). The Contractor shall maintain mowers that provide a smooth, even cut without ridges or depressions and without tearing of the leaf blades (caused by unsharpened mower blades). Mowing shall be performed at the speed the mowers manufacturer specifies to maximize quality of cut. Mowing shall be performed with straight and flowing patterns approved by the Director's Representative. The emphasis will be on quality mowing vs. speed and unprofessional patterns. From time to time the Director will direct the Contractor to change mowing pattern to minimize rutting and compaction. a) Casual Turf Mowing All "casual" turf (non- sport/priority turf) shall be mowed: 1) weekly May 1 through October 31 and, 2) every other week November 1 through April 30 . The Contractor shall use a tractor powered reverse flail mower for the larger open turf areas, a 52" mower and a small walk behind mower for areas between trees and other park amenities. The Director shall determine height of cut. String trimmers are not allowed for mowing turf. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. b) Priority Turf Mowing All "sport/priority" turf as described in Attachment No. 5 shall be mowed once a week all year. Any visible clippings shall be collected and disposed of pursuant to SAMC Chapter 16. The Contractor shall mow the sport/priority turf areas at 3/4" to 1" using a power driven fairway reel mower and a walk behind reel mower along skinned infield brickdust areas, turf infields, turf infield foul areas, soccer /football fields, soccer /football out of bound areas. The Director's Representative shall direct the Contractor to mow the sport/priority turf lower than 3/4" to 1" if necessary. Note that the ball diamond infield maintenance sub- contractor shall be responsible for mowing turf infields and other designated ball diamond turf areas. (see Attachment 1). 251 -25 2. Edging and Detailing All edging shall be performed with the use of a McClain's edger or approved substitute. Stick edgers are not allowed. Contractor shall edge all turf adjacent to all improved hard surfaces such as concrete, decomposed granite, asphalted concrete paved areas. Edging /detailing shall be performed at the same time mowing occurs. Chemical detailing of turf may occur with the Director's approval. If chemical detailing is performed, the Contractor shall use the string trimmer to remove the treated turf within one (1) week after symptoms of phytotoxicity become recognizable. a) The Contractor shall use the McClain's edger to edge straight lines along fences, walls, or long flowing arcs. The Director's Representative may require the Contractor to use string lines to edge straight lines if the Contractor's staff fails to achieve this quality without this method. b) The Contractor shall detail around trees, along walls /fences and other park amenities first using a sharpened shovel cut to establish a concentric round circle around trees, poles, etc. Once the initial detailed circle is established a string trimmer may be used to maintain the circle. Should the circle begin to deform the Director shall direct the Contractor to repeat the detail process. c) The Contractor shall detail turf not greater than 10" away from walls or fences. Detail lines shall be made straight and shall be maintained straight. The Contractor shall, at his own cost, supply top soil and an approved turf seed to reduce any existing bare soil areas along walls /fences that are greater than 10 ". d) Fertilization (1) Casual Turf - Contractor shall apply fertilizer twice per year (first week of January and July) per the City's agronomic plan (see Attachment 4). (2) Sport/Priority Turf - Contractor shall apply fertilizer four times per year (first week of January, April, October and with annual renovation) per the City's Agronomic Plan" (see Attachment 4). If no summer renovation occurs, the application shall be applied as determined by the Director. e) Irrigation -all turf (1) Contractor shall ensure irrigation schedules are continually monitored to provide adequate moisture in the soil for healthy turf, and avoid excess wet conditions. (2) Contractor shall not schedule irrigation of sports fields at least 24 hours prior to the mowing process. During cooler periods of the year avoid irrigating 48 hours prior to the mow procedures to ensure a quality cut of the turf. 250 -26 (3) Under normal conditions the contractor shall not schedule irrigation on Friday and Saturday nights to avoid wet conditions during weekend usage. Prior approval will be required to irrigate during weekends to coordinate with reservations. (4) Turf areas shall be watered as required by weather conditions to provide adequate moisture for optimum growth. At no time shall turf areas show a lack of green color or a loss of resilience due to lack of water. If Contractor estimates additional water above and beyond the monthly Estimated Applied Water (EAW) may be needed, he /she shall request approval from Park Services prior to exceeding the monthly irrigation budget as detailed in the Monthly Water Conservation Report Estimated Applied Water (EAW) requirements. Failure to get approval from Park Services prior to exceeding the monthly irrigation budget will result in the Contractor paying for the excess water. (5) When an irrigation system does not adequately provide water to the turf area in which it is installed, due to any reason including but not limited to controller failure, valve failure, broken heads, poor system design, etc., the Contractor shall provide supplemental irrigation at no extra cost to the City. The Contractor may use any reasonable means necessary to uniformly irrigate turf areas. Contractor may also submit AEWs with engineered drawings to improve these areas of the system. (6) Automatic irrigation shall be conducted between the hours of 10:00 p.m. and 4:00 a.m. and shall be programmed not to exceed the EAW. In the event that Contractors water consumption exceeds the EAW City may deduct said overages from the Contractor's monthly invoice. (7) Contractor shall ensure that all staff working on irrigation possess one of the following certifications: a. California Landscape Contractor's Certified Landscape Technician Program b. Fullerton College Certificate of Proficiency in Landscape Irrigation c. UC Riverside Certificate in Landscape Irrigation (8) From time to time City staff will advise contractor of special events occurring in contract areas and contractor will be required to adjust irrigation scheduling to avoid negatively impacting the event. Should the contractor fail to properly adjust irrigation or otherwise prepare the area for the special event, a failure to perform in the amount of $916 will be assessed for liquidated damages. 0 Weed Control -all turf The Contractor shall keep all turf, casual and sport/priority turf, free of all turf type weeds, especially Dallis Grass, Goose Grass, Poa Annua, Neddle Grass and broadleaf weeds at all times. The Contractor shall, along with the monthly 2514 -27 Pesticide Use report, submit a written schedule for weed abatement in turf specifying the method, day and location where weed abatement will be performed. The Director's Representative will review and approve written schedule taking into consideration the park's use. (1) Contractor shall apply approved pre- emergent herbicides to all turf areas in order to control the germination of noxious weeds i.e. Dallis Grass, Goose Grass, Crab Grass, Nutsedge, Plantain, Oxalis, etc. (2) Should turf type or broadleaf weeds germinate, the Contractor shall control the weeds immediately upon recognition by way of selective and /or broad - spectrum post emergent herbicides approved by the Director. g) Replanting-all turf (1) Should turf begin to stress for any reason, Contractor shall begin applying supplemental water and shall overseed these turf areas using Stovers Seed Company Bermuda Dunes (spring /summer) or Stover Seed Grand Slam perennial rye (fall /winter) seed at the manufacturer's recommended rate and process. (2) Should turf die back to the point where soil is visible, Contractor shall sod these turf areas using Greg Norman 1 hybrid Bermuda. (3) The Contractor understands and accepts that at the beginning of the agreement there may be existing turf areas that are thin or bare. The Contractor, by entering into the agreement, shall routinely and at no extra cost to the City, repair thin or bare turf areas by overseeding or sodding with approved seed or sod until a thick healthy stand of turf is established. (4) Contractor also understands and accepts that Santa Ana is a very heavily used park system, including increased foot traffic, athletic play, and other uses. h) Aeration The Contractor shall aerate all turf areas, casual and sport/priority turf four (4) times per year in March, June, September, and December. An aerator that will remove soil plugs and deposit the cores on the surface of the turf shall perform aeration. Cores shall be pulled to a depth of 6 ". i) Sport/PriorityTurf (1) Renovation: Once (1) per year during the spring/summer or the fall /winter (as determined by the Director) the Contractor shall renovate sport/priority turf using: (a) spring /summer - Stovers Seed Company Bermuda Dunes seed at six (6) pounds per 1,000 square feet in bare areas and four pounds per 1,000 square feet where turf exists; 251 -28 (b) fall /winter — Stover Seed Company Grand Slam seed at eight pounds per 1,000 square feet This shall be accomplished by mowing the existing turf down to 1/4" followed by verticutting (straight blades) to remove thatch. Prior to seeding, the contractor shall eradicate all weeds and have the irrigation system functioning properly and have a plan to provide supplemental irrigation as necessary to germinate the seed to 100 %. The field shall be top dressed prior to seeding to provide a 100% flat playing surface. The Contractor shall guarantee 100% uniform germination within 10 weeks from the time the first application of seed or will sod any thin or bare areas with Pacific Sod Greg Norman 1 Hybrid Bermuda sod or Pacific Sod Greg Norman 1 Hybrid Bermuda Sod that has been "cropped over" with perennial rye grass. Renovation must be completed within three months of field closure. Director shall determine sod based on availability /season. (2) Overseeding: Once per month the Contractor shall overseed sport fields at a rate of one (1) pound per 1,000 square feet by mowing the existing turf down to 3/4" followed by verticutting (straight blades) to remove thatch. This overseeding occurs on all priority sport turf regardless of whether or not a renovation was completed. 2. Ground Cover Care a) Edging and Detailing (1) Ground cover beds shall be maintained within their intended bounds and edged and /or detailed the first week of every month to keep the beds looking manicured at all times. (2) Ground cover shall not encroach into lawns, shrubs, adjacent desirable bare areas, curbs, wall fixtures, furniture, beneath and /or into other plants, etc. All sites shall be cleaned following each edging /detailing, including streets. b) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 "- 3" minus or approved equal, %2" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. 19 25H -29 c) Fertilization The Contractor shall fertilize all groundcover areas once per year (first week in April) per the City's agronomic plan (Attachment 4). d) Replanting The Contractor shall be responsible for the complete removal and replacement of ground cover lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plants shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. 3. Shrub Care a) Pruning /trimming All shrubs growing in the work areas shall be pruned such that the plants remain in a healthy growing condition. Plant growth shall be maintained to prevent overgrowth into passageways, walks, streets, view of signs or in any manner deemed objectionable by the Director. Dead or damaged limbs shall be removed so that no projections or stubs remain. Pruning /trimming shall be done by hand shears or loppers in a manner to permit plants to grow naturally in accordance with their normal growth characteristics. "Box hedging" may be required on some shrubs, as set designated by the Director. Shear hedging or severe pruning /trimming of plants, unless authorized by the Director, is not permitted. Topping of plants whose natural growth stems from the base of the plant is not permitted. Should the Contractor top, shear hedge or severely prune plants and disfigure or damage the plants, the Contractor shall be responsible for replacing those plants with like kind and size, subject to approval by the Director. The Contractor may be requested from time to time to raise the bottom of the shrubs for security reasons. b) Replanting The Contractor shall be responsible for the complete removal and replacement of shrubs lost due to normal attrition or due to Contractor's failure to perform under the terms of this Agreement. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. The plans shall be planted at appropriate spacing so as to achieve complete coverage once the plant is 2 /3rds mature. Any plants planted by City /others must be maintained by contractor. Contractor must notify City within 30 days if plants planted by City /others begin to decline. 20 25H -30 c) Mulching of Bare Areas In all groundcover areas where bare soil is visible or where the groundcover is thin so the soil is visible, the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3" or approved equal, ' /z" thick minimum quarterly (every third week of January, April, July, and October) and as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Fertilization The Contractor shall fertilize all shrub areas once per year (first week in April) per the City's agronomic plan (Attachment 4). 4. Tree Care a) Height/Quality of Pruning In the first week of August of each year the Contractor shall routinely Class 1 prune all trees up to a height of fifteen (15) feet. All trees within the scope of work shall be maintained to keep the natural integrity and shapes of the trees. Pruning shall be accomplished in a manner that will ensure that each individual tree is Class I pruned as set forth in the City of Santa Ana Tree Pruning /trimming and Stump Removal Specifications (see Attachment 3). In addition, the Director may require the Contractor to remove or prevent encroachment of trees into the public right of way where the tree blocks vision or is considered undesirable. Low branches overhanging sidewalks shall be trimmed to a height of nine (9) feet above finish grade. Young trees needing pruning /trimming, training, and shaping to develop caliper and a strong structural framework may have low branching laterals and or appropriate sucker growth. Contractor shall remove hangers under 15" and fallen limbs 80 lbs. or less. b) Staking, Tying and Guying All trees requiring staking shall be securely staked at all times with stakes and rubber cinch ties approved by the Director. Rubber hoses and wire are not permitted ties. All stakes shall be set perpendicular to prevailing winds unless designated otherwise by the Director. Tree stakes shall also be set a consistent distance away from the trunk of the tree (minimum six (6) inches) to reduce abrasion and cell elongation. The tops of all tree stakes shall be removed approximately three (3) inches above the highest tie to reduce abrasion of main or lateral branches of the tree. c) Mulching of Bare Areas In designated tree ring areas where bare soil is visible the Contractor shall apply AG Organics, Inc. AG203 Nutri Mulch 2 " -3 "or approved equal '/2" thick minimum quarterly (every third week of January, April, July, and October) and 21 25H -31 as necessary to maintain uniform and complete coverage. Mulch is to be removed and completely replaced with fresh mulch every July. d) Hazardous Tree Reporting In the event the Contractor detects any tree displaying roots heaving or girdling (either by roots or a foreign material), leaning, broken or hanging limbs, or if Contractor determines that potential safety hazard may exist Contractor shall notify the Director by phone within twenty -four (24) hours. e) Loss of Trees The Contractor shall be responsible for the complete removal and replacement of any and all trees lost due to the Contractor's failure to perform under this agreement. Failure to perform includes but is not limited to, girdling trees with string trimmers or tree ties, improper planting of new trees, improper pruning /trimming techniques which disfigure or destroy the trees natural integrity and shape, or failure to detect and prevent treatable diseases and insect infestations. All trees that exhibit the signs of disease or pests, or any other signs of distress shall be inspected by a Certified Arborist approved by the Director. Contractor shall provide an exact location and separate evaluation/report for each tree in decline. Contractor shall treat any tree in decline at no additional cost to City. Should the Certified Arborist determine that the tree had a terminal disease that the Contractor could not have treated or prevented, the Contractor shall not be responsible to replace the tree. However, should the Certified Arborist determine that the tree's unhealthy condition or death could have been prevented had the Contractor treated the tree then Contractor shall be responsible for the cost of treatment to restore the tree to a healthy condition or replace the tree. The latest American Shade Tree Conference guidelines for value determination will determine the value of the trees lost. By entering into agreement with the City the Contractor acknowledges that they accept the condition of each tree and should a tree go into decline or expire the Contractor agrees to replace the tree with like species and size or agree that the City shall withhold payment equal to the value of the tree. 5. Vine Planting, Establishment and Maintenance a) Planting Contractor shall continuously plant throughout the year at its own expense 1 gallon Parthenocissus tricuspidata (Boston Ivy) vines at 15' on center along property walls, building walls, and any other park owned walls until the vines mature and cover the walls. Note that the Contractor shall irrigate the vines and fertilize as necessary to promote healthy and vigorous growth. The Contractor will immediately replace any vine at the Contractor's expense that is lost for any reason including but not limited to lack of water, vandalism, accidental post 22 25H -32 emergent spraying, etc. Planting of vines shall not exceed 200 per year per district. b) Contractor shall trim the vine once it reaches the top of the wall or at a specific height on the wall, as determined by the Director. The Contractor shall keep vines off telephone poles or other non wall surfaces at all times 6. Weeds, Disease and Pest Control a) Weed Control All hardscape areas shall be kept free of weeds at all times. Weeds shall be removed by hand and /or approved mechanical or chemical methods. Director may dispatch City staff to remove weeds that reach two (2) inches or greater and are not removed immediately. In such instance, the cost will be deducted from the Contractor's monthly invoice. b) Disease and Pest Control (1) The Contractor shall inspect on a daily continuous basis all landscaped areas (turf, trees, shrubs, ground cover, and annual color) for presence of disease, insect, rodent infestation or any other pests. If any pests, such as but not limited to, disease, insect, algae, birds, animals, such as rabbits, squirrels, or rodent infestation (rodents including rats, gophers, moles, voles, etc.) is discovered, it shall immediately be controlled by the Contractor at his /her expense using the safest and most expedient method. (2) The Contractor is responsible for inspecting all plant material on a continuous basis and, as necessary, treating plant material to maintain optimum health of the plants. If any plant material (turf, groundcover, shrubs, trees) dies without the Contractor diagnosing the plant and implementing efforts to restore the plant to a healthy and attractive appearance, the City will assume the Contractor caused the plant death. Contractor will be required to replace the plant with like species and size at no extra cost to the City. City is responsible for cost of replacing plants lost to vandalism; however, Contractor must prove that it was vandalism that killed the plant. In the case where turf is lost due to pest damage, the Contractors shall replace the area of turf lost with Pacific Sod Greg Norman 1 Hybrid Bermuda (during spring /summer) and Pacific Sod Greg Norman 1 Hybrid Bermuda that has been cropped over with Perennial Rye grass (during fall /winter). 7. Irrigation System Maintenance a) General Responsibilities (1) Contractor's Certified Irrigation Specialist shall use automatic or mechanical irrigation systems to irrigate all landscape areas detailed in this 23 25H -33 Agreement. In the event the existing irrigation system fails to provide full and proper coverage, the Contractor shall provide alternate irrigation with full and proper coverage to all areas in the work site at no extra cost to the City. (2) Newly planted trees, shrubs, ground cover and turf shall receive adequate water to promote normal healthy growth. Proper berms or basins shall be maintained during plant establishment period. b) Operation of Automatic Irrigation Controllers Where the operation of automatic irrigation controllers is required, the Contractor shall: (1) Not duplicate any coded City key furnished by the Parks, Recreation and Community Services Agency for access and operation of the controller. (2) Surrender all keys furnished by the Parks, Recreation and Community Services Agency at the end of the contract period or at any time deemed necessary by the Director to prevent serious loss to the City of Santa Ana. (3) Protect the security of City property by keeping controller cabinet and building doors locked at all times. (4) Refrain from using locked premises for storage of materials, supplies or tools, except as approved by the Director. (5) Program normal irrigation between the hours of 10:00 p.m. and 4:00 a.m. unless alternative hours are approved by City. c) Water Conservation (1) The Contractors Certified Irrigation Specialist shall meet once a month with Park Services to review the City's Monthly Water Conservation Report to discuss water conservation strategies. These discussions may include, but not be limited to, the Contractor turning off irrigation systems during periods of rainfall and times when suspension of irrigation is desirable to conserve water while remaining within the guidelines of the EAW. (2) When Park Services determines that plant material (turf, groundcover, shrubs, and trees) must be irrigated, all controllers shall be activated within twenty -four (24) hours. d) Inspection and Reporting (1) The Contractor shall physically inspect the operation of all irrigation systems once a month and prepare a written report specifying park name, controller location/name, start times, run times, program name, station 24 25H -34 number, and repairs needed. The Contractor shall maintain all sprinkler systems using City standard irrigation products and details. All repairs shall be to City specifications and details. Repairs to irrigation heads shall be with matching precipitation nozzles. Contractor shall ensure that excessive over spray /runoff into street right -of -ways or other areas not intended to receive irrigation is controlled. The Contractor shall repair at his own expense any irrigation head and lateral line rendered inoperable or malfunctioning due to attrition, vandalism, etc. (2) Contractor shall perform a visual inspection of all irrigated areas once per week. All areas receiving marginal coverage shall receive supplemental irrigation by being irrigated by a portable irrigation method. The contractor shall furnish all portable hoses, nozzles, sprinklers, etc., necessary to accomplish this additional irrigation. Care shall be exercised to prevent a waste of water, erosion, and/or detrimental seepage into existing underground improvements or structures. e) Repairs The Contractor shall be responsible for repairs to all irrigation heads, swing joints and lateral lines as a part of this agreement. The Director will be responsible for repairs to the irrigation system from the valve to the water meter. 8. Hardscape Maintenance a) All paved areas, including but not limited to paved parking lots, curb gutters, pool decks, stamped or other enriched hard surface areas, shall be thoroughly cleaned once every other week between Monday and Friday. Vacuums, blowers, sweepers or other approved equipment may be used to clean hardscape areas. Debris shall not be blown or swept onto adjacent planters, streets or property. All debris must be picked up by the Contractor and removed from the site. Debris and litter that shall be cleaned includes, but is not limited to, leaves, twigs, branches, trash, sand gravel, and worn asphalt. The City shall approve any equipment that is to be used for cleaning hardscape. Large trash items in excess of five inches length or width, a muddle of smaller items, or spills shall be picked up daily. b) Picnic facilities and park benches, including but not limited to picnic tables, barbecues, benches, concrete pads and shelters shall be continuously maintained in a safe and clean condition. c) Pavement cleaning — Contractor shall perform pressure washing quarterly (second week of January, April, July and October) to remove dirt, stains, gum, tar, etc. from all paved pedestrian surfaces including sport courts, sidewalks, picnic pads, paved areas around buildings, pedestrian crosswalks in streets that are concrete or pavers, etc. d) Site amenity cleaning — Contractor shall perform pressure washing of site amenities, such as but not limited to, picnic tables, park benches, skate park, 251 -35 walls, planters, raised curbing, railing, exterior of buildings, overhead shelters, etc. (1) All picnic amenities (picnic tables, b.b.q.s, picnic shelters, concrete picnic pads, etc.) and park benches shall be wiped clean every day Monday through Sunday to assure that all trash, stains, spills, debris, glass, staples, nails, tape, wire, etc. is removed. (2) All picnic concrete paved areas and b.b.q.'s, park bench areas, patio areas, and areas adjacent building entrances shall be cleaned once a month using high pressure cleaning equipment. (3) All barbecues shall have ashes, charcoal or any other materials removed once a week. Contractor shall paint the exterior of the b.b.q.'s and the post with heat and rust resistant flat black paint whenever rust appears. e) All parks with flagpoles shall have an American flag displayed at all times. The Contractor shall visually inspect the flag every day to assure it is in good condition. Should, in the opinion of the Director, the flag not be in good condition (faded, discolored, torn and /or having holes) Contractor shall immediately request from the Director a new flag. Contractor shall raise the new flag immediately upon receipt from the Director. f) Drinking fountains shall be cleaned, sanitized and unplugged on a continuous basis. The Contractor shall use approved germicidal cleaner and products to assure that drinking fountains are clean and polished. The Contractor shall remove all mineral build up, algae, stains, etc. The Contractor shall achieve this level of quality using a combination of cleansers, metal polish product, hand and /or power tools. Should the drinking fountain be so plugged that dismantling the fountain is required the Contractor shall notify the Director immediately so City staff can make the repair. 9. Playground /Tot -Lot Areas a) The Contractor shall provide maintenance of all playground /tot -lot sand and rubberized areas once a week. Maintenance shall include, but not limited to, loosening of compacted areas, re- grading sand /wood chips areas to level condition (eliminating ruts, depressions, build up areas, etc.), sifting of sand /wood chips to assure that debris and any other foreign objects are removed, removal of weeds, removing sand/wood chips on sidewalks surrounding the playground /tot -lot, eliminating berms (including pre- existing) in the turf surrounding the playground /tot -lots (high pressure water blasting or sod cutting, leveling and re- sodding are approved methods), and trash and other undesirable material. Rubberized fall areas shall be cleaned of sand /wood chips and debris daily. Any sand /wood chips that accumulate on the rubberized surface shall be reused. Sand /wood chips and debris on the playground equipment shall be removed. 2514 -36 b) The City shall be responsible for all playground equipment and tot -lot area safety inspections. 10. Ball Diamond Maintenance The Contractor shall retain a sub - contractor to provide ball diamond infield maintenance as set forth in Attachment 1. a) Baseball Perimeter Maintenance Ball diamond perimeter maintenance shall be performed daily. Ball diamond perimeter maintenance shall be defined as all areas outside the field of play and sideline /dugout areas where coaches, players and others associated with the game gather. Ball diamond perimeter maintenance areas shall include but is not limited to grandstands, areas around concession stands, fence lines, warm -up areas, etc. The work that shall be performed on a daily basis shall include picking up trash and debris, blowing off areas /hosing down areas using a high pressure nozzle to remove brick dust, stains and /or all other foreign material, such as sunflower seeds or peanut shells, so that all areas, including pavement and landscape areas, are 100% free and clean. b) Daily Outfield Maintenance (1) Irrigation checks and repairs to assure that irrigation heads are at the proper grade to avoid injury to players who may fall on them and that no "slippery" areas exist. (2) Fill in of divots and depressions and all uneven areas with #20 white silica sand, organic compost mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stover Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. (3) Level fence line areas using a rock or leveling rake. (4) Level and drag warning track areas using nail drag followed by finishing drag mats. Contractor shall apply new brick dust to fence lines and warning tracks as necessary to maintain consistent 1/2" layer of brick dust in these areas. c) Weekly Maintenance (1) Contractor will then edge the fence lines and warning track to achieve crisp straight lines and a smooth crisp arc where the brickdust warning track meets the sport turf. d) Annual Maintenance (1) Top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing 251 -37 surface. (The "Santa Ana Mix" is sold by AG Organic, Riverside. The specification is: AG Organic Company Organigro Seed Topdress premixed w /California Organic Fertilizer, Inc. Phyta Boost Plant Food 7 -1- 2 (33cy of Organigro Seed Topdress +700 #'s 7 -1 -2 Phyla Boost per Acre)). e) Non - recurring maintenance: (1) During inclement weather the Contractor shall work to reopen baseball fields as soon as possible. The Contractor shall use Diamond Dry or an approved equal to warning tracts and fence lines. In addition, the Contractor shall use hand pumps or any other reasonable method necessary to drain water off the field. 11. Soccer /Football Field Maintenance a) All soccer /football fields shall be inspected every day, Monday through Friday. Contractor shall look for divots, depressions, debris, and other turf marring conditions. If discovered, the Contractor shall fill in divots and depressions with #20 white silica sand mixed with Stovers Bermuda Dunes grass seed during the spring /summer and Stovers Grand Slam perennial rye grass seed during the fall winter to re- establish the areas. b) Areas of the field where turf has been worn away due to play shall be raked, dragged and leveled each day to provide a level - playing surface free of divots, depressions and uneven surfaces. The Contractor shall add approved topsoil to these areas as necessary to keep the areas level and safe. c) Annually, the Contractor shall top dress outfield turf using Santa Ana mix or approved product. Apply with an approved top dressing machine that will achieve a level playing surface. 12. Sport Court Maintenance a) All sport courts shall be blown off weekly. Courts and fence lines shall be completely free of dirt, debris, etc. b) All tennis courts shall be washed down every other week to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. c) All basketball and volleyball courts shall be washed down monthly to remove dust, gum and stains. The courts shall have water removed immediately following the washing down. d) Contractor shall replace tennis and basketball nets when they become worn. The City shall furnish nets. 13. General Maintenance and Clean -Up For All Parks and Contracted Sites a) All trash and debris on the ground or in trash receptacles shall be removed from all worksites each day Monday through Sunday before 12:00 p.m. This 251 -38 includes all landscape areas, paved areas, street curb gutters, flood control channels, etc. Trash shall consist of all items 80 lbs. or less. All trash receptacles and lids shall be wiped clean continuously as stains appear. b) The contractor shall rake, hand remove, or vacuum leaves that are not absorbed by planting. This shall be done as often as required to maintain a neat appearance. c) After heavy windstorms or other inclement weather that impacts sites under this agreement, the Contractor shall bring in extra staff to clean all parks areas within two (2) days at no cost to the City. Debris (80 lbs. or less), such as but not limited to, litter, fallen branches, trash, limbs, branches, soil erosion, etc., shall be removed from the worksites. d) The Contractor shall keep sidewalks and all other paved areas swept and free of any debris, dirt, glass, weeds, leaves, etc. at all times. e) Drain inlets shall be checked and if necessary cleaned once per day to avoid flooding of areas during inclement weather. 14. Other Requirements a) Work Not Scheduled The Director may delete a portion of or the entire work site from contractual maintenance during a construction period or any period where the Director determines that work cannot be scheduled. The deletion of this portion of work will be reflected as a reduction in the monthly payment to the Contractor. The amount of reduction will be based on the percentage of area involved and will be determined by the City. 15. Special Maintenance In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. a) P.E. Bike Trail (Chestnut to Bristol). In addition to the standard Grounds - Landscape Specification the following special maintenance shall be performed. (1) Adams to Bristol — The contractor shall keep the unimproved areas immediately adjacent the improved bike trail free of weeds, debris, and otherwise any objectionable item a minimum of 4' from fence lines and /or to the wall of adjacent buildings. (2) Warner Ave. to Occidental — The unimproved land immediately adjacent (east) of the improved bike trail is a part of this agreement. The Contractor shall maintain all plant material and keep unimproved areas free of weeds, trash and debris. (3) Flower west toward Bristol - This portion of the bike trail has an unimproved portion of property from Flower St. running west along 29 25H -39 the bike trail. This property shall continuously be maintained free of weeds, trash and debris. 16. City Inspection a) The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's actual or estimated cost of performing the work to bring the property into conformance with the specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park, per day not meeting the specifications during any such inspection. 30 25H -40 ATTACHMENT NO. 1 SUB - CONTRACTOR BALL DIAMOND IN -FIELD MAINTENANCE 1.0 Scope of Work 1.1 State of California Licensed C -27 Contractor specializing in Ball Diamond In -Field Maintenance shall provide in -field brickdust maintenance for thirty two (32) Baseball /Softball Diamonds per the specifications and conditions listed below: 2.0 Ball Diamond Locations and Quantities /Types of Diamonds at Each Site 2.1 Delhi Park 2.1.1 One (1) 60' base path Little League diamond with skinned brickdust infield. 2.2 Madison Park 2.2.1 One (1) 60' base path Major Little League diamond with skinned brickdust infield. 2.2.2 One (1) T -Ball diamond with skinned brickdust infield. 2.3 Memorial Park 2.3.1 One (1) 80'/90' base path Little League Junior /Senior diamond with skinned brickdust infield. 2.3.2 One (1) 60' base path Little League diamond with combination turf/brickdust infield. 2.3.3 Two (2) 60' base path Little League diamonds with skinned brickdust infields. 2.3.4 3.0 Schedule of Work to be Completed 3.1 Delhi Park: 1 day per wk Year round Madison Park: 5 Days per wk, Feb 1St to July 15th 3 Day per wk, July 16th to Jan 31 st Memorial Park: 5 Days per wk, Feb 1 st to July 15th 1 Day per wk July 16th to Jan 31 st 31 25H -41 4.0 Field Composition Mix ( Brickdust) To Be Used When Maintaining In- fields. 4.1 Field In General 4.1.1 When adding field composition mix (brickdust) to any City of Santa Ana ball field, the specific type of material to be used is: Pro Gold Infield Mix with stabilizer from Gail Materials (951) 279 -1095. 4.2 Pitchers Mound/Home Plate /Basepath Areas When adding a mix with a higher clay composition material to any pitcher's mound/home plate /base -path area, the specific type of material to be used is: Hill Topper Home Plate and Mound Mix. 5.0 Equipment The contractor shall provide and have "on hand" at all times during the brickdust maintenance operation the following equipment. 5.1 Utility Vehicle Small tight turn radios (13') vehicle designed especially for this type of work. This vehicle shall have the capability to make circle and figure eight patterns completely within the skinned brickdust infield area and not trespass onto adjacent turf areas. Vehicles manufactured by John Deere, Ryan, Toro and Daihatsu may be acceptable. 5.2 Drags 5.2.1 Scarif ying Drag: Used to scratch up or loosen up the skinned area. The drag shall be made of heavy -duty steel capable of carrying additional weight (`s). Digging teeth shall be hardened and pointed and be '/2" in diameter. Pull chain shall be included. 5.2.2 Cutting and Leveling Drag: Used to level and backfill low spots in the skinned area. The leveling drag and cutting blades shall be made of galvanized steel. This drag shall feature cutting blades that are adjustable and capable of cutting down dirt build -up (high spots) and depositing dirt into holes (low spots) creating a smooth and level playing surface. Pull chain shall be included. 5.2.3 Grooming or Finish Drag: Used to complete dragging procedure on a daily basis and lighter /gentle movement of brickdust. This drag shall be galvanized metal "door -mat" link. Pull chain shall be included. Drag shall be 6' in length by 6' in width. 32 25H -42 5.3 Other Equipment 5.3.1 Hand Tamp: 20 lb. variety with 48" min. handle. Used to compact worn areas around bases, home plate and pitching mound. 5.3.2 Plastic Sheeting and Duct Tape: Used to wrap hand tamp head and help prevent wet clay from sticking. 5.3.3 Grade or Grooming Rake: Used to rake and fine level areas. Shall be made of aluminum, 36" wide and a 6' handle. 5.3.4 Heavy Duty Shovels: Used to move material. Round /Square Point and Scoop shovels. 5.3.5 Heavy Hose: Used to water down skinned area. Shall be 3/4" to 1" top quality construction with 225 -psi working pressure. Leaks of any kind are not permitted. Contractor shall have a minimum of 175' of hose on hand at all times. 5.3.6 High Pressure Nozzle: Attached to hose. Use to spray down brickdust and push excess brickdust off turf edges. 5.3.7 Industrial Push Broom: Used to remove excess brickdust from turf edges. Shall be 24" min. wide with heavy -duty dual weight bristles. 5.4 Wet Conditions Equipment" (Add to equipment above) During periods of inclement weather or when the areas are wet the contractor shall have "on- hand" during all brickdust maintenance operations the following items: 5.4.1 Squeegee: Used to push/squeeze water off wet areas or into dry areas or drains. Shall be 24" to 36" wide with neoprene blade and magnesium/aluminum head. 5.4.2 "Super Sopper ": Used to collect standing water in brickdust areas. Shall be drum type with exterior sponge and arm holding drum. 5.4.3 Diamond or Beckson Pump: Used to remove standing water in brickdust areas. Shall be plastic with flexible piston and value. 5.4.4 Infield Sopper with Wringer and Bucket: Used to collect standing water in brickdust areas. Sopper shall be geotextile- covered sponge typical for absorbing chemical spills. 6.0 Meetings 6.1 Contractor shall provide City of Santa Ana staff with a contact person and a phone number to reach the contact person from the hours of 6:30am — 5:OOpm, Monday — Saturday. 33 25H -43 6.2 Contractor shall appoint and identify to City of Santa Ana staff a "site supervisor ". This site supervisor shall meet with staff as requested at time and place agreed upon by both parties for as long as the contract is in effect to discuss any problems /concerns that may arise and any goals for the week. 6.3 In November of each year for as long as the contract is in effect, Contractor shall personally meet with staff, along with the designated site supervisor, to discuss and outline schedules for "Annual Renovations" (listed in Section 10.0). 7.0 Daily Infield Maintenance 7.1 General 7.1.1 Contractor shall remove all litter, broken glass and hazardous debris from infield and dugout areas. 7.1.2 Contractor shall keep brickdust and dugout areas in a weed free condition. 7.1.3 Contractor shall hose and/or sweep and hose out all dugouts so they are 100% free of brickdust or any other debris. 7.2 Maintenance Procedure 7.2.1 Retain smooth and level playing surface, using the following daily procedure. The contractor shall remove all bases before beginning any work on in -field and re- install after all work on in -field is completed. 7.2.2 After removing all bases, the contractor shall scrape /wire brush all base post anchors and base inserts. This will help facilitate the base removal and installation. 7.2.3 The Contractor shall rake /shovel loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field before any watering or dragging shall take place 7.3 Home Plate Area/Batters Box Area Holes 7.3.1 Sweep /Rake away all loose brickdust. 7.3.2 Wet area until moist. 7.3.3 Scarify area (`s) [batters box hole(`s)] with shovel. This will help the mix bind better. 7.3.4 In a 5 gallon bucket mix "mound mix" with water to desired consistency. Do not use infield mix for this purpose. 34 25H -44 7.3.5 Backfill "mound -mix" material into hole(`s). 7.3.6 Tamp the area firmly with steel tamp. Note: The tamp will be most effective if you cover the bottom with plastic. Tape the plastic to the tamp handle. The plastic keeps the clay from sticking to the tamp's bottom. 7.3.7 After tamping and compacting the "mound mix" covers areas with infield brick dust. 7.4 Pitcher's Mound 7.4.1 Follow same procedure for repair of home plate/batters box area utilizing dry "mound mix" for this purpose. Do not cover with infield mix. 7.4.2 Add to the above the following: Rake all loose material from bottom to top and cover with "Mound Mix ". 7.5 General Brickdust Skinned Infield Areas 7.5.1 After raking /shoveling loose material from high spots back into low spots /worn areas on running paths, sliding zones, and any other low spots /worn areas appearing on the field, the Contractor shall fill all remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. 7.5.2 The contractor shall clean all excess brickdust beneath or next to the backstop, dugout chain link fencing and /or infield chain link fence lines so that the infield brickdust is level with the dugout pavement and pavement outside the infield. 7.5.3 Lightly water entire infield before dragging. Note: Watering shall penetrate brickdust to a minimum depth of 1/8" deep min. This process is crucial to keeping brickdust in place and not going air borne. 7.5.4 Drag infield utilizing small utility vehicle as specified with "grooming or finishing drag ". Circular or figure eight drag patterns shall be used (see details 1 -A & 1 -B). Alternate drag patterns or reverse direction of drag patterns daily to avoid ruts and high/low areas. Speed of drag procedure shall not exceed 7 mph. 7.5.5 When dragging the skinned infield, the contractor shall stay away from all turf edges a minimum of 18 ". This will help in avoiding lips at brickdust /turf edges. This 18' gap shall also apply to all backstops and chain link fence areas. 35 25H -45 7.5.6 Contractor shall hand rake all base paths on combination turf /brickdust infields. 7.5.7 When the dragging process is complete, the contractor shall stop the drag in a different location daily. This will stop the accumulation of brickdust in focused areas. At this time roll -up the drag, place it on the vehicle and remove all debris accumulated in the drag at this spot and rake out material emptied from drag. 7.5.8 After dragging, hand rake the 18" edges using the "grade or grooming rake ". The rake shall be held at an angle as to not push brickdust onto /into turf areas. 7.5.9 After raking the 18" edges, the contractor shall clean all excess brickdust on the turf edges utilizing a high pressure water nozzle or heavy duty broom. NO brickdust shall be permitted on the turf edges at any time.If in the determination of City staff, an unsafe lip situation exists (an unsafe lip is %2" or greater) in any turf /brickdust border area infield to brickdust, base -paths or brickdust to outfield), contractor will be required to remove or level the soil build -up with a sod cutter and re- establish the in- field boundaries with a string line or suitable method and re -sod up to the border to remedy the situation at contractors expense. Pre - existing conditions shall be corrected during contract start-up. 7.6 Final Watering 7.6.1 This is the most time consuming and a very important element of the procedure. 7.6.2 The contractor shall final water the skinned brickdust to a depth of 1/4" minimum. 8.0 Rainy Weather /Wet Field Procedure 8.1 On the next scheduled working day after a rainfall, the following procedure, in the order listed, shall be adhered to: 8.1.1 Remove all standing water from low spots either by skimming off excess water and spreading it out to dry areas or using a pump /sopper system. 8.1.2 Rake out (scarify) wet areas. 8.1.3 Apply Dry Gail Materials "Pro Gold with Stabilizer" Brickdust Materials from stock to all Wet Areas and Rake Out. 9.0 Work to be Completed "BI- MONTHLY" 9.1 To maintain levelness of all fields, contractor shall, once every two months, scarify drag built up amounts of materials at high spots and cut and level drag the scarified material 36 25H -46 to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag to the contractor at weekly meetings with contractors appointed site supervisor (as per section 6.2 of contract). 9.2 Heavy water scarified and cut and leveled areas to a 1/2" min. depth and allow settling in before play on field. Note: Due to heavy watering and its need to settle before play, staff shall provide a schedule of bi- monthly scarify /cut and level drag dates to contractor. 10.0 Work to be Completed "ANNUALLY" 10.1 Each year, the following renovation is to be done on all fields in conjunction with the City's Annual Sports Turf Renovation Schedule. Fields renovated may change from year to year. 10.1.1 Contractor shall laser grade each ball diamond. Contractor shall scarify drag built up amounts of materials at high spots and cut and level drag the scarified material to low spots. The Contractor shall fill any remaining low spots with new Gail Materials "Pro Gold with Stabilizer" brickdust from stock and make level. Note: Staff shall identify areas to scarify /cut and level drag at the November meeting with contractor's owner (as per section 6.3 of contract). 10.1.2 Contractor shall verify all base distances, pitching rubber distances and pitching mound heights per the Little League, Pony /Colt League specifications for each specific field. Contractor shall repair any specifications not being met on any field. 10.1.3 In addition, contractor shall install 1/2" new Gail Materials "Pro -gold with Stabilizer" (brickdust) to in- fields at all diamonds (minimum 26 tons per Girls Softball/Major Little League Field and minimum 40 tons per Junior /Senior Little League Field). Also, the contractor shall install a minimum of 1 ton of Turface calcite clay per Girls Softball /Major Little League Field and 2 tons of Turface calcite clay to Junior /Senior Little League Fields Responsibility for and purchase of necessary materials shall be at contractor's expense. Note: The City has the right to move brickdust and Turface materials to other infields under this agreement should they decide that an infield or infields do not require additional materials a particular year. 37 25H -47 11.0 Work To Be Completed "AS DIRECTED" 11.1 Replace Base ANCHORS as directed. Note: City of Santa Ana use's the Roger's Breakaway base anchoring system. Contractor shall install base anchors into the ground per manufacturer's standards. Top of stake shall be approximately 2" below the surface grade so that the base sits level and flush against the surface on all sides. 11.2 Replace Bases as directed. Note: City of Santa Ana shall be responsible for supplying all necessary base anchors and /or bases to the contractor as needed. 11.3 Replace or Remove /Level /Re- Install home plates as directed. 11.4 Replace or Remove /Level /Re- Install pitching rubbers as directed. Note: City of Santa Ana shall be responsible for supplying all necessary home plates and /or pitching rubbers to the contractor as needed. 11.5 When given direction to complete "as directed" work, contractor shall complete the directed work on the next working day. 12.0 Infield Turf Maintenance 12.1 Infield turf shall mean all sport turf in the infield, the foul territory of the infield and 36" beyond the infield brickdust skin line /arc. Infield turf shall be mowed two (2) times per week on Monday and Friday. 12.1.1 Contractor shall use a "greens" reel mower to provide "putting green" quality finish cut. 12.1.2 Infield turf shall be cut between %2" and 3/4" per staff s direction. 12.1.3 All turf clippings shall be collected and disposed of. 12.1.4 Edging of infield are shall be performed by infield sub. 12.2 Infield turf shall be irrigated to maximize healthy growth of the turf while conserving water. Over watering will not be acceptable. 12.2.1 Contractor shall check and program the automatic irrigation controller minimum one time per week. 38 25H -48 12.2.2 Contractor shall provide any areas of the turf supplemental watering using a garden hose on an as needed basis to assure a high quality turf infield. 12.2.3 Infield turf shall be fertilized two (2) times per year in the first week of January and April per the agronomic plan. 12.2.4 Contractor shall distribute the fertilizer evenly using a mechanical broadcaster. No hand distribution will be allowed. 12.2.5 Immediately following fertilization the Contractor shall water in the fertilizer to avoid chemically "burning" the turf. 12.3 Infield turf shall be aerated using a walk behind piston type aerator as often as deemed necessary by Staff. 12.4 Infield turf shall be kept weed free at all times. 12.4.1 Any grasses other than the original hybrid Bermuda installed in the infield shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.4.2 Any broadleaf weeds shall be eradicated immediately upon notice. The Contractor may choose the method of eradication, however, may not damage the turf. 12.5 Infield turf shall be kept free of disease and rodents at all times. 12.5.1 The Contractor shall be responsible for identifying and treating any diseases or rodents immediately upon notice. 12.6 Infield turf annual renovation 12.6.1 Each year the infield turf shall be renovated: 1) verticut using the greens reel mowers straight blade reels; 2) mowed to 1/4" high immediately following verticutting; 3) overseeded with Stovers Seed Company Sahara Dunes at a rate of 8 pounds of seed per 1,000 square feet; and, 4) top dressed immediately following seeding by Materials using "Santa Ana Top Dress Mix." 13.0 General Contract Provisions 13.1 Contractor shall provide and is responsible for all equipment necessary to carry out the work outlined in the contract. There will be no available storage for equipment. Contractor will be responsible for bringing in and then removing all equipment necessary to carry out the work outlined in the contract. 39 25H -49 25H -50 ATTACHMENT 2 ANNUAL COLOR PLANTING AND MAINTENANCE SPECIFICATION Before each annual planting the area should be tilled 8 to 16 inches deep. Organic matter in the form of nitrified redwood must be incorporated to a depth of 8" of the top soil. The contract administrator may adjust this if adequate organic matter is already present in the soil but the successful bidder must be prepared to incorporate this organic matter at every color rotation. Organic matter must comprise 25% of the soil volume where the roots will be. This requires 2" of nitrified redwood tilled to an 8" depth. Apply 1.5 pounds of nitrogen per 1000 sq. ft. as a complete low nitrogen material with a ratio of 1:2:1, 1:1:1, 1:2:2 or similar. Do not use a higher rate of nitrogen as this may result in excessive vegetative growth and a suppression of flowering. After establishment, fertilize as necessary to maintain a robust appearance and maximum flowering. After incorporating organic material and other supplements, the beds must be raked smooth and slightly mounded. Sticks clods and other material must be removed from the bed. During planting gently crush the root mass with the fingers to stimulate root growth in the surrounding soil. Begin planting in the center of the bed and keep traffic in the worked soil to a minimum. Make the hole slightly larger than the root ball and set the plant at the same depth or slightly higher than it was growing in the container. Smooth out the soil around the plants after planting, including footprints. Water plants to a depth of 5 inches immediately after planting for 4" plant material (deeper for larger pots). Plants are to be rotated four times a year and are to be kept disease free and healthy on a consistent basis. There must be no dead or missing plants at any time and the beds must be kept in a weed free condition. Plants will be in 4" pots and will be planted in an 8" triangular spacing pattern. Rows must be in a straight alignment at the time of planting. Plant species that may be planted at different times of the year may include, but not be limited, to the following annual bedding plants as approved by the Director: • Spring /Summer — April through October 1 Alyssum, Lobelia, Salvia, Marigold, Gloriosa daisy, Penstemon, Cosmos, Dahlia, Impatiens, Begonias, Double Impatiens, Petunia, Verbena, Vinca rosea (periwinkle) Zinnias Fall /Winter Iceland poppies, Pansies, Viola, Stock, Snapdragons, Primroses, Ranunculus Vandalism Contractor shall check annual color beds daily (Monday through Friday). If plants are missing or vandalized, the Contractor shall provide the City's representative with a proposal to replace missing /damaged plants. After the City's Representative signs the proposal, the Contractor shall then replant/replace missing /damaged plants within 48 hours. The City's contract administrator shall be the sole judge of whether the above specifications are met. The contract administrator shall also approve the types and combinations of color bedding plants prior to installation. 40 25H -51 25H -52 ATTACHMENT 3 TREE PRUNING SPECIFICATIONS 1.0 INTRODUCTION Trees and other woody plants respond in specific and predictable ways to pruning and other maintenance practices. Careful study of these responses, has led to pruning practices, which best preserve and enhance the beauty, structural integrity, and functional values of trees. In an effort to promote practices, which encourage the preservation of tree structure and health, the following policies have been established. These specifications are presented as working guidelines, recognizing that trees are individually unique in form and structure, and that their pruning needs may not always fit strict rules. 1.01 OVERVIEW OF SPECIFICATIONS Any tree work performed in the City of Santa Ana Park and Recreation Facilities ( SAPRF) must be done according to the SAPRF specifications. There are different criteria for pruning depending on the purpose for the pruning. a. Complete Prune Specifications are used when circumstances deem the entire tree needs to be fully pruned. b. Safety Prune Specifications require less pruning and are used when specific, possibly hazardous (dead /dying) limbs need removal to eliminate all safety concerns. Safety pruning may be recommended in some circumstances instead of a complete prune. Safety pruning specifications are used for "as needed" pruning as outlined above and address only safety concerns. Safety pruning includes only the basic requirements and does not include the fine pruning detail work outlined in a complete prune. Power Line Clearance Prune (PLC) Specifications are used for private tree power line clearance work and for street tree (PLC) pruning when the tree is pruned between its periodic complete pruning cycles. d. Palm Pruning Specifications are used when pruning any type of palm. All specifications are based on International Society of Arboriculture, National Arborist Association and American National Standards Institute criteria. This guarantees that SAPRF trees receive the best possible care. 1.02 GENERAL REQUIREMENTS The following requirements shall be used during any pruning work to be performed on SAPRF trees: a. Proper disposal of all tree debris generated. b. Assuring good traffic control and minimize disruption of the public. c. Assuring adequate safety of employees and the public. 41 25H -53 Prior to starting any tree work on an SAPRF tree, the Contractor must contact an authorized SAPRF representative. Contact Mike Lopez, Sr. Park Services Supervisor at (714)571 -4212 Office or (714) 231 -6112 cell phone. 1.03 CERTIFIED ARBORIST The Contractor shall employee a full -time, permanently certified arborist, as accredited by the International Society of Arboriculture. This person is responsible for ensuring that the Contractor's crews are performing work according to SAPRF specifications. 1.04 SPECIFIC TREE PRUNING SPECIFICATIONS a. All persons performing tree work on SAPRF trees must be trained according to tree care standards accepted by the International Society of Arboriculture. b. All persons performing tree work on SAPRF trees in or around primary electrical lines must be trained to do so according to the "Electrical Safety Orders" of the State of California, including all amendments and revisions. c. When tree pruning cuts are made to a side limb, such remaining limb must possess a basal thickness of at least one third (1/3) of the diameter of the wound so affected. Such cuts shall be considered proper only when such remaining limb is vigorous enough to maintain adequate foliage to produce wood growth capable of callusing the pruning cut so affected within a reasonable amount of time. d. All final tree pruning cuts shall be made in such a manner so as to favor the earliest possible covering of the wound by natural callus growth. Flush cuts, which produce large wounds or weaken the tree at the cut, shall not be made. The branch collar shall not be removed. Tree limbs shall be removed and controlled in such a manner as to cause no damage to other parts of the tree, or to other plants or property. f. All tools used on a tree known to contain an infectious tree disease shall be properly disinfected immediately before and after completing work on such tree. All major diseases and /or pest problems shall be promptly reported to an authorized SAPRF representative. g. All cutting tools and saws used in tree pruning shall be kept sharpened to result in final cuts with smooth wood surface and secure bark remaining intact. All trees six (6) inches in diameter or less shall be pruned with hand tools only. Chain saws will not be permitted on any trees six (6) inches in diameter or less. This is to prevent any unnecessary abrasions to cambial tissue that may predispose a tree to insect and /or disease problems. h. Whenever pruning cuts are to be made, while removing limbs too large to hold securely in one hand during the cutting operation, the limbs shall be cut off first, one (1) to two (2) feet beyond the intended final cut. Then the final cut shall be made in a manner to prevent unnecessary tearing back of the bark and wood. Such cutting back shall not include the removal of any live, healthy limbs in excess of six (6) inches in diameter without prior approval from an authorized SAPRF representative. 42 25H -54 i. No more than twenty five (25) percent of the live wood may be removed from the crown of any tree, without approval of an authorized SAPRF representative, excepting live oaks, which are limited to no more than ten (10) percent. Resulting in keeping as much of the crown of the tree as possible. j. Any extraneous metal, wire, rubber or other material (i.e. stakes, ties) interfering with tree growth shall be removed immediately. k. Any defective or weakened trees shall be reported to an authorized SAPRF representative. Specifically, any structural weakness of a tree, decayed trunk or branches, shall be reported in writing, noting the location of the tree by street address and a description of the hazard found in the tree. 1. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, except palms that are more than sixty -five (65) feet in height. m. Beneficial animal, bird nests, nesting cavities or other wildlife habitat shall be preserved and protected whenever feasible, unless doing so would create a hazard. 1.05 COMPLETE TREE PRUNING SPECIFICATIONS Complete tree pruning shall consist of the total removal of dead or living branches that may threaten the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner as to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove all dead and dying branches and branch stubs that are one half (1/2) inch diameter or larger. c. Remove all broken or loose branches. d. Remove any live branches, which interfere with the tree's structural strength, and healthful development, which will include the following: 1) Branches of weak structure, which are not important to the framework of the tree. 2) Branches, which if allowed to grow, would wedge apart the junction of more important branches. 3) Branches forming multiple leaders in a single leader type tree. 4) Branches near the end of a limb, which will produce more weight or offer more resistance to wind than the limbs are likely to support. 5) Selective removal of undesirable sucker and sprout growth paying specific attention not to nick or damage the sprout "burl ". 6) Selective removal of one or more developing leaders where multiple branch growth exists near the end of broken or stubbed limbs. 43 25H -55 7) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 8) Removal of branches, which project too far outward beyond an otherwise symmetrical form. e. Cut back ends of branches and reduce weight where excessive overburden appears likely to result in breakage of supporting limbs. f. Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. g. Obtain a balanced appearance when viewed from the opposite side of the street immediately opposite the tree, unless authorized by an SAPRF representative to do otherwise. h. Remove all vines entwined in trees and on tree trunks. Vine tendrils shall be removed without injury to said trees. Clear all branches and foliage within ten (10) feet of primary electrical lines and three (3) to five (5) feet of secondary electrical lines. j. Clear all branches that interfere with telephone, cable and other utility lines within one (1) foot of lines, wherever feasible. 1.06 SAFETY TREE PRUNING SPECIFICATIONS Safety tree pruning shall consist of the total removal of dead or living branches that may menace the future health, strength and attractiveness of trees. Specifically, trees shall be pruned in such a manner to: a. Prevent branch and foliage interference with requirements of safe public passage. Over street clearance shall be kept to a minimum of sixteen (16) feet above the paved surface of the street, fifteen (15) feet above the curb and eight (8) feet above the surface of a public sidewalk or pedestrian way. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. b. Remove dead and dying branches and branch stubs that are two (2) inches in diameter or more. c. Remove all broken or loose branches. d. Removing any live branches, which interfere with the tree's structural strength and healthful development, will include the following: 1) Limbs of weak structure or otherwise hazardous. 2) Selective removal of limbs obstructing buildings or other structures or traffic signs. Generally, limbs closer than five (5) feet to a building or other structure should be removed unless doing so would severely damage a tree. 44 25H -56 3) Clear trees of sprout or sucker growth to a minimum height of eight (8) feet above ground level. Exceptions are allowed for young trees, which would be irreparably damaged by such pruning action. 1.07 POWER LINE CLEARANCE (PLC) PRUNING SPECIFICATIONS When trees are in the proximity of overhead energized lines and equipment, reliability of service, safety, and governmental standards require a reasonable amount of tree pruning to avoid conductor contacts and grounding of circuits through the trees. Power line clearance pruning, therefore, shall consist of the removal of tree branches for proper electric line clearance in order to minimize the likelihood of power outages and improve safety. Specifically, trees shall be pruned in such a manner as to: a. Clear all branches and foliage within ten (10) feet of primary electrical lines. b. Clear all branches that interfere with secondary electric lines within three (3) to five (5) feet. c. Protect current tree health, condition and symmetry using Dr. Alex Shigo's book, Pruning Trees Near Electric Utility Lines as a guide. During the tree pruning process, all safe minimum working distances for energized conductors shall be observed. These clearances are defined under ANSI Z133.1 -1994. Current ANSI specifications will supersede these requirements when they take effect. Any contact with energized lines shall be promptly reported to an authorized SAPRF representative. Access to backyards must be closely coordinated with the property owner, whenever feasible. Spikes may be used for PLC pruning on palms or other trees only when needed for proper safety reasons. 1.08 PALM PRUNING SPECIFICATIONS Palm pruning shall include, but not be limited to, the pruning of the following palms (Syagrus romanzoffianum (queen palm), Archontophoenix cunninghamiana (king palm), Phoenix Canariensis (Canary Island date palm), Phoenix Dactylifera (date palm), Washingtonia filifera (California fan palm); and Washingtonia Robusta (Mexican fan palm) per these specifications. a. The removal of all dead fronds and other dead plant parts from the trunk. All loose frond sheaths shall be removed along the entire length of the palm trunk. b. The removal of all flowers and fruit parts whether dead or alive. c. The use of climbing spurs or spike shoes in the act of pruning trees is prohibited, excepting palms that are more than sixty -five (65) feet in height. d. Canary Island date palm (Phoenix Canariensis) trunks shall be cleaned of any weed species. The immediate area below the green fronds shall be trimmed to a symmetrical (pineapple) appearance. The shape shall not exceed a minimum of forty -eight (48) inches or a maximum of sixty- (60) inches length below the green fronds. The trunk when pruning operations are complete shall be left in a clean, unscathed appearance throughout the entire 45 25H -57 length of the palm trunk. Canary Island date palms shall be pruned using a sterilized handsaw. The handsaw must be cleaned and sterilized before and after pruning each tree. e. All volunteer palm seedlings must be removed that are growing within the streets, parkways, or setback dedicated areas. 1.09 UNACCEPTABLE PRUNING The following procedures, or others that will result in tree decline, are not allowed (storm damage and other extenuating circumstances exempted): a. Severe cutting back of all growing tips usually referred to as topping, pollarding, or hat racking. b. Flush cutting where a cut is made even with the surface of the trunk or limb, removing the branch collar and branch bark ridge. c. Stub cutting where branch removal results in the base of branch removed protruding more than approximately one fourth (1/4) inch beyond the zone of branch collar and branch bark ridge. d. Removal of a healthy main leader, for reasons other than power line clearance. e. Excessive cutting or lifting that exceeds the International Society of Arboriculture or SAPRF standards. 1.10 DAMAGE TO PUBLIC OR PRIVATE PROPERTY Should any structure or property be damaged during the tree pruning operations, the persons conducting the work shall immediately notify the proper owners and an authorized SAPRF representative. Repairs to property damaged by the responsible party shall be made within forty -eight (48) hours, except utility lines, which shall be repaired the same working day. Repairs on private property shall be made in accordance with the appropriate building code under permits issued by the City of Santa Ana. Any damage caused by the Contractors employees shall be repaired or restored by them at their expense to a condition similar or equal to that existing before such damage or injury, or they shall repair such damage in a manner acceptable to the City of Santa Ana and /or SAPRF. Special attention is drawn to sprinkler systems in City landscapes and the need to avoid damage. All damage to irrigation systems shall be repaired as soon as possible at Contractors expense. 1.11 WORK PERFORMED ON PRIVATE PROPERTY No SAPRF contracted tree worker shall perform work upon private property without the written consent of the property owner and an authorized SAPRF representative. 1.12 PUBLIC SAFETY AND COOPERATION All tree work shall be conducted in a manner as to cause the least possible interference with, or annoyance to others. Pedestrian and vehicular traffic shall be allowed to pass through the work areas only under conditions of safety and with as little inconvenience and delay as possible. Unless the work area is totally barricaded or otherwise kept safe, at least one worker shall serve to coordinate safe operations on the ground at all times when work operations are in progress. 46 25H -58 a. Whenever larger tree sections are being cut in a treetop, which may endanger persons or property, such sections shall be secured by ropes and lowered safely to the ground in a controlled manner. b. All fire hydrants, meter vaults, water and gas shut off valves, backflow devices, irrigation field controllers and similar facilities must remain accessible during the course of work. c. Noise levels, resulting from tree work operations, must be kept to a minimum at all times. All tree work operations are subject to compliance with all local Noise Restrictions. Operation of tree work equipment shall not take place between the hours of 9:00 p.m. and 7:00 a.m. weekdays, or between 9:00 pm and 8:00 am on weekends (Saturday and Sunday). Emergencies are exempt from any time restrictions. d. All tree work done to SAPRF trees must comply with all tree related safety requirements as stated in the safety standards ANSI Z133.1 -1994 of the American National Standards Institute, Inc. 1430 Broadway, New York, NY 10018. 1.13 SITE CLEANUP Cleanup of any debris resulting from any tree pruning operations shall be promptly and properly accomplished. The work area shall be kept safe at all times until all operations are completed. Under no circumstances shall the accumulation of debris be allowed in such a manner as to result in a hazard to the public. All debris from tree operations shall be cleaned up each day before the work crew leaves the site, unless permission is given by an authorized SAPRF representative to do otherwise. All lawn areas, parkways, streets and sidewalks shall be raked and /or blown clean, and all brush, branches, or other debris shall be removed from the site. Areas are to be left in a condition equal to or better than that which existed prior to the commencement of tree pruning operations. All cuttings, branches, wood chips and other debris shall be cleared from the site and disposed of by the Contractor. The Contractor shall obtain permits required for this purpose. Disposal expenses will be the Contractor's responsibility. Debris, such as wood chips, shall be left on property only at the direct and specific request of the owner and an authorized SAPRF representative. Firewood four (4) inches diameter or larger will be left at the work location in a safe manner, unless the wood is not usable as firewood. All firewood to be removed (wood four (4) inches of diameter or larger) must be authorized by an SAPRF representative. 1.14 TIME FOR COMPLETION If awarded this project, the Contractor agrees to complete the work within the time parameters jointly agreed upon by the City, SAPRF, and the Contractor prior to work commencement, unless specific time deadlines are specified elsewhere in these specifications. Once the work has commenced, the Contractor shall diligently prosecute the same to completion. 1.15 SUBCONTRACTORS Subcontractors used in the performance of this project shall be listed in the Contractors Bid Proposal. Subcontractors shall be properly licensed by the State of California as a contractor to perform work of this specialty and hold a valid business permit and certificate of insurance with the City of Santa Ana. Should any subcontractor fail to perform the work undertaken by him to the satisfaction of the SAPRF, said subcontractor shall be removed immediately from 47 25H -59 the project upon the request of the SAPRF and shall not again be employed on the project. The Contractor shall be held liable for the correction of any deficient work. 1.16 ADDITIONS AND /OR DELETIONS OF WORK The SAPRF representative reserves the right to add and /or delete tree work on this project as deemed necessary and in the best interest of the SAPRF. Additions and/or deletions shall be made at the unit price accepted by SAPRF upon award of contract. 1.17 INSPECTIONS An authorized SAPRF representative will inspect the work performed by the contractor to insure completion of the pruning in accordance with SAPRF Pruning specifications. Should more than two (2) inspections be required on trees needing additional work, the contractor will be billed for SAPRF staff time. 1.18 BILLING Contractor shall submit a fully itemized bill listing each tree noting: a. Address (each tree). b. Type of tree. c. Date completed. d. Person completing the job. e. Location of tree (front, side right, side left, rear) 2.00 CONTRACTOR QUALIFICATIONS All contractors are required to have a valid appropriate state contractor's license, current City of Santa Ana business license, City Attorney approved certificate of insurance and be knowledgeable in tree pruning and tree care prior to the commencement of any and all work. 2.01 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION The current edition of the "Green Book ", Standard Specifications for Public Works Construction and it's updates, supplements and local addendums, shall be included as part of these specifications, unless otherwise directed in these specifications. 2.02 PROTECTION OF EXISTING FACILITIES AND STRUCTURES The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities, both above surface and underground on the City's property. Any damage to City, SAPRF, or private property caused by the Contractor's neglect shall be corrected and paid for by the Contractor at no cost to the City of Santa Ana or SAPRF. The City of Santa Ana and /or SAPRF shall make the determination of fault. The SAPRF representative reserves the right to issue a Stop Work Notice if the Contractor does not promptly repair any damage, within twenty -four (24) hours of the damage incurred. If the SAPRF representative requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems (i.e. utility lines) and take responsibility for taking reasonable precaution when working in these areas. 48 25H -60 Contractor shall call Underground Alert (800) 422 -4133) at least two working days prior to digging for line locations. Any damage or problems shall be reported immediately to the SAPRF representative and the City of Santa Ana. If the Contractor discovers something unexpected or a unique problem occurs, he should stop work and immediately contact an authorized SAPRF representative for a timely resolution of the problem. 2.03 CONTRACTOR'S STAFF The Contractor shall provide sufficient personnel to perform all work in accordance with the specifications set forth herein. A qualified, English speaking supervisor in the employ of the Contractor shall supervise all of the Contractor's personnel. The supervisor shall be available at all times to the SAPRF representative during work operations. The responsibility for all work performed will remain with the full -time certified arborist. The Contractor shall furnish the necessary competent and key personnel to properly supervise and direct the work of fully equipped, competent and experienced crews as well as all safety equipment, including but not limited to, all equipment and work procedures required by ANSI Z133.1 -1994. The Contractor shall secure all timekeeping, bookkeeping and other necessary clerical and office work required in the performance of the contract. The Contractor shall be responsible for the supervision of all of his crews. He shall check all of his crews regularly for proper quantity and quality of work, proper maintenance of tools and equipment, and safety. 2.04 SUBSTITUTIONS Whenever a specific type of material is specified, no substitutions shall be allowed without written consent of the SAPRF representative. 2.05 CERTIFICATION OF MATERIALS All materials shall be delivered on the site in original containers. Materials shall be subject to inspection by the ARMD representative. The SAPRF representative will not approve materials not meeting the SAPRF standards, and Contractor shall return any such non - satisfactory items at his/her cost. 2.06 CONTRACTOR NEGLECT Any damage to the City of Santa Ana, SAPRF, or private property, which has been determined to be due to the Contractor's neglect, shall be corrected at no additional cost to the City of Santa Ana or the SAPRF. 2.07 HOURS OF OPERATION The Contractor shall perform all work between the hours of 7:00 a.m. and 4:00 p.m., Monday through Friday. No work shall be performed on weekends or on City recognized holidays without written SAPRF approval. 2.08 SPECIFICATIONS AND PLANS The work performed shall be done in accordance with the Standard Specifications for Public Works Construction, latest edition, hereinafter referred to as Standard Specifications. In case of conflict between the Standard Specifications and this Specification, this Specification shall take precedence over and be used in lieu of such conflicting portions. 49 25H -61 Where the plans or specifications describe portions of work in general terms, but not complete detail, it is understood that workmanship of the finest quality is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals and do all the work involved in executing the contract. 2.09 CONSTRUCTION EQUIPMENT The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. 2.10 SOUND CONTROL REQUIREMENTS The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances that apply to any work performed pursuant to the Contract. Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Sounds, such as loud music, that are not related to the project, shall be kept at levels so as to not disturb the general public. 2.11 TRAFFIC CONTROL The Contractor shall notify the SAPRF representative of intent to begin the contract work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the areas and shall make arrangements relative to keeping the working area safe and clear of vehicles. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. All traffic delineation and work area protection shall conform to the Work Area Traffic Control Handbook (W.A.T.C.H.) 2000 Edition. The Contractor shall make every effort to keep commercial driveways open during working hours. Should this not be possible, Contractor shall coordinate with the property owners affected to insure that designated times of ingress and egress is available. After working hours, all driveways shall be accessible with smooth and safe crossings through any construction area (State of California Traffic Manual). 2.12 INQUIRIES AND COMPLAINTS The Contractor shall maintain an office at some fixed place and shall maintain a telephone thereat, listed in the telephone directory in his own name or in the firm name by which he is most commonly known. Furthermore, the Contractor shall, at all times, have some responsible person(s), employed by the Contractor, to take the necessary action regarding all inquiries and complaints that may be received from the City of Santa Ana, SAPRF, and/or private citizens during normal working hours. Whenever immediate action is required to prevent impending injury, death or property damage to the facilities being maintained, the SAPRF representative may, after reasonable attempt to notify the Contractor cause such action to be taken by the SAPRF work force. All costs of any 50 25H -62 such action shall be charged against the Contractor, or the SAPRF may deduct such cost from any amount due to Contractor from SAPRF. All complaints shall be abated as soon as possible after notification, to the satisfaction of the City of Santa Ana and /or SAPRF. If any complaint is not abated within a reasonable time, the SAPRF representative shall be notified immediately of the reason for not abating the complaint followed by a written report to the SAPRF representative within five (5) days. If the complaints are not abated within the time specified or to the satisfaction of the SAPRF representative , the SAPRF representative may correct the specific complaint and the total cost incurred by the SAPRF will be deducted and forfeit from the payments owing to the Contractor from the SAPRF. Such cost shall include all SAPRF staff time required to resolve the problem and appropriate overhead charges. 2.13 NOTIFICATION OF LOCATIONS OF WORK The Contractor shall notify the SAPRF representative when the contractor's crews will be working within the SAPRF. Said notifications will be made on a daily basis by telephone, cell phone, fax, or by weekly written schedules which specify the entire weeks work locations. 51 25H -63 25H -64 ATTACHMENT 4 AGRONOMIC PLAN 52 25H -65 IV L' C� G V R w ai Q u _ R _ _ L �R N_ O CC N _R R a � u R •C � O O CD U Q N H h y O O O O y O O y O X O � O O ¢' F-' Q r- _R < O as O as Q �ti ^ ^ fy CZ 1 to cd CC U ON _ L R O O p •3 1 v l\ O O cn cn op Li + + C ON N CO) •vi aRi O • � � � O � ^' ^' u � O O O R _ O b A b A ' O bA g to c tj cl m m o m o ci o Q tN 1 N co A O O r + Y > � O N —bO M eq 'U _O O R O Y >•. ca U_ u u 0 �, e., N M �}• .� N ¢ 7 L ..a w L O R � L tiH-6631 ATTACHMENT 5 MAPS 53 25H -67 O oD .-MW i33,.. aw ' 16 }AtI Rt pM pMIS 3 es 5 a � � w D w3_ w atw�.a W RwP�O o" SAY a w �V Aw 9 i O+t3 >. Wav �_i_QoTC7 1 i U H Z 0 U m J - m U — F- U W M J W U U LL Ua ♦^ Z v, O LU a<. U N 44 0 r-I H M Q a '� rwww __.. a M•I UUI/M �...... ,.. 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IV VI 06 r � m a m o G w IN G � N I r 7S 4wm OOLC 9038W V :MWd 31NIOdaws w�. v■�►�ow�NOO o 25H -79 rn Q p1 7� f �t 0 N m d U c d ca ca V? as `v vi d N � E L O L L c// L- 4) cn W_i_MR O r-I Q ATTACHMENT 6 City of Santa Ana Parks, Recreation, and Community Services Agency Policy for Driving on Park Property Purpose: The purpose of this document is to establish a policy for when it is appropriate for City employees, contractors, and other organization employees to drive on park turf, paved areas and other surfaces. Policy: Driving on park turf is allowed only when necessary to perform an official City maintenance or business function, and under the following circumstances: A. When delivering over 30 lbs. of equipment or supplies to a job site B. When there is no improved surface within 40 yards of the worksite C. When emergency personnel are responding to an emergency, or performing other City business When driving on park turf, employees and contractors must, to the best of their ability, avoid damage to sprinkler heads, valve boxes, other irrigation systems components, trees, ground cover and other park amenities. D. Vehicles weighing in excess of 8,000 lbs. are not allowed on park turf without prior approval of the Park Services Supervisor. If approved, the Park Services Supervisor or his designee will meet with the employee or contractor and designate the path in and out of the park that will be the least likely to cause damage. E. Employees and contractors must avoid driving on turf any time damage is likely. This includes periods after rain and heavy watering. F. Driving on designated DG pathways and other improved pathways is acceptable when performing visual inspection of park, park projects, and amenities. Driving on turf is not acceptable in these situations. 54 25H -81 WooffoeyA EXHIBIT "B" CERTIFICATION OF NON - DISCRIMINATION BY CONSULTANTS As suppliers of goods or services to the City of Santa Ana, the company listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all federal, state and local directives and executive orders regarding non- discrimination in employment; and that it agrees to demonstrate positively and aggressively the principle of equal opportunity in employment. WE AGREE SPECIFICALLY: 1. To take affirmative steps to hire minority employees with the company. 2. To establish or observe employment policies within affirmative promotion opportunities for minority persons at all job levels. 3. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those servicing minority communities, and to the minority communities at large. COMPANY TITLE OF PERSON SIGNING SIGNATURE DATE Please include any additional information available regarding equal opportunity employment programs now in effect within your company. 55 25H -83 �J_ ■_Q�l:_7 EXHIBIT "C" SAMPLE ADDITIONAL INSURED ENDORSEMENT Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents and representatives are named as additional insured's ( "additional insured's") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the name insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insured's. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insured's, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to the endorsement form as part of Name Insured Countersigned by 56 25H -85 �J_ ■_Q�1� EXHIBIT "D" SAMPLE AGREEMENT THIS AGREEMENT, made and entered into this day of , 2007 by (hereinafter "Contractor "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of park landscape maintenance services comparable with "high- level" industry practice. B. Contractor represents that Contractor is able and willing to provide such services to the City. 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 "high- level" contractor 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 those services as set forth in the RFP specifications (Exhibit "A" hereto) and all attachments thereto, as well as the Contractor's Proposal attached to this Agreement. In the event of a conflict between the terms of this Agreement and any Exhibits or Attachments hereto, the terms of this Agreement shall prevail followed by the provisions of Exhibit A. 2. CITY INSPECTION The Director or his designated representative shall regularly inspect the parks, playgrounds, fields and all other City property subject to this Agreement. If said inspection results in discovery of work that is not performed in the agreed manner, and to the professional degree set forth in the Specifications, Contractor agrees that the City shall deduct from Contractor's next monthly payment, the City's cost of performing the work to bring the property into conformance with the Specifications. Additionally, City shall impose liquidated damages of up to $300.00 per inspection, per park not meeting the Specifications during any such inspection. 3. COMPENSATION A. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit F. The total sum to be expended under this Agreement, shall not exceed the annual amount of $ during the term of this Agreement. B. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made 57 25H -87 for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City or as otherwise provided in Exhibit A. 4. TERM This Agreement shall commence on the date first written above and terminate on unless terminated earlier in accordance with Section 12, below. Additionally, the City may terminate this Agreement if the Santa Ana City Council fails to approve funding for the Agreement for any fiscal year covered herein. This Agreement may be renewed for up to three additional one -year terms in an annual amount not to exceed $ . Such renewal(s) shall be in a writing executed by the Executive Director of the Parks Recreations and Community Services Agency and the City Attorney. 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 its employees and shall be responsible for all applicable withholding taxes. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: A. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, agents, volunteers, and employees as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting there from and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting there from, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form as set forth in Exhibit "C" attached hereto upon execution of this Agreement. Said endorsement shall be approved in form by the City Attorney. B. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor is required to be insured against liability for worker's compensation 58 25H -88 or to undertake self - insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. D. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. F. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, lost profits, restitution, judicial or equitable relief or any other type of damage whatsoever arising out of claims for the same, which may arise from the direct or indirect actions of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates in any way to the services provided by Contractor under this Agreement; and (2) from any claim that personal injury, damages, just compensation, lost profits, restitution, or judicial or equitable relief or any other type of damage whatsoever is due by reason of the terms of or effects arising from this Agreement or of the Contractor's actions hereunder. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, lost profits or any other judicial or equitable relief or damages 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, relative to any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, lost profits, or judicial or equitable relief or any other type of damage whatsoever has arisen by reason of the terms of, or effects arising from this Agreement or Contractor's actions hereunder. City may make all reasonable decisions with respect to its representation in any legal proceeding. 59 25H -89 8. 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. 9. 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. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 telefacsimile (714) 647 -6956 With courtesy copies to: Executive Director of Parks, Recreation and Community Services City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 60 25H -90 Wall To Contractor: City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 telefacsimile (714) 647 -6515 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive agreement 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 neither Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not embodied herein. 12. 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. 13. TERMINATION AND DAMAGES This Agreement may be terminated by either party upon ninety (90) days written notice of termination. In the event of termination by the City, 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: 61 25H -91 A. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement and in the Specifications, Exhibit "A" hereto. B. Material Breach: If the Director determines the Contractor has failed in the performance of the duties and /or schedule as provided herein, the Director may consider the Contractor in material breach. City may exercise all remedies in law or equity for said breach including, but not limited to: 1) withholding all or a portion of payment owed relative to any such failure to perform or for any delay in performance, and 2) directing the work be accomplished by either City employees or a new contractor at Contractor's expense, as determined by the Director. Contractor shall be responsible for all costs resulting from any breach, including incidental and consequential damages In the event of a material breach, which remains uncured after five (5) days notice to contractor, City may terminate this agreement upon thirty (30) days written notice of termination. 14. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in recruitment, selection, training, utilization, promotion, termination or any other employment related activity. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought by the parties hereto or arises out of, or in connection with or by reason of this Agreement. 16. 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 may, at the City's discretion, be cause for termination of this Agreement. 17. 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. 62 25H -92 B. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By Laura Sheedy Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director, Parks Recreation and Community Services Agency CITY OF SANTA ANA: DAVID N. REAM City Manager CONTRACTOR: By: NAME) TITLE)_ Tax ID # 63 25H -93 25H -94 W t K W V C d C7 a N d V d 7 E E O U R LL c ` o O O m t6 C) ar W L L � ffl c IL o m � c 'N N Q ea O m 7 Cl) Q R O O O O O O O O O 0 0 0 O O O O O O O 0 0 0 0 0 0 0 0 0 0 3 0 0 0 0 CD H N N N !d N U E m O Cl 0 0 Cl 0 0 0 0 0 m 0000000000 O 0 0 0 0 0 0 N x 0 0 t- � O O m O J N R' t6 {n z x 'L r O d r V p N C O L C CO N MO Q. >O N C 0a C E � 202 U N '� 'V N N N J H ` O Q y m �U, a Q U O cu N E - N "� U) U) ° w ° a te C C U car J p >`N J> J , m N E N c F- N d CL O V N J 0 0 0 0 0 0 0 0 0 0 00000 3 E d w O f6 O C O � O is N \° d r Q- .5 a W ea x i 7 O x c O L V N O •- N cM "T C E W 0 0 0 0 o 0 0 0 0 0 C@ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CD H O N E m 0 Cl 0 0 Cl 0 0 0 0 0 m 0000000000 0 0 0 0 0 0 0 0 0 0 � O m co N t6 {n 'L r d r N N O U C c car c CL V N 0 04 CO LO COf-000O N R 0 0 0 0 0 0 0 0 0 0 00000 3 E d w O f6 O C O � O is N \° d r Q- .5 a W ea x i 7 O x c O L V N O •- N cM "T C E W N rl O ti ei O al JA W LL t W C 0 f6 al M c m T m E E 'O m a LL a H v a 0 O N O z a LL W c ° �o c a o «� V _ v L _ U v� t C 0 Q f6 U C ~ O V '- v CL ° O > a! N i Fa 0 -0 al O as. Q C L •— O M \H L 41 N O a) 0 Y 0 >` L L 41 (D a± > 3 c L +� � o c O = E > v ao v d " a) ++ m N w C O — _O v ° L U cu Q c —^ O N w a) a) c0 L co: � E N O) ++ C U U > U �n L C a) a) O ni .6 C ,V U f6 w a) O CL -0 +J C U E @ N ° o C ++ C � ° u U O + O (L: a 0 m .— c C O .2 .F, — O. E n3 O a-+ OL N CL E E 0 0 o ° ° v U C O M O 0 0 0 0_ U v +� L � � o E aci a, E '- U U U ate+ X b W c ° O — U to C � Y v -Q �c L _ c f6 � L C U ` O C L '� to C = (O � � C C L O L 3 � L }J L Y � a1 � O W � a � 3 O O Q LL O C m •f5� c 3 O `L° LL 3 Y V) r`+ •C v � Y o E m Q C C o � a v c U 3 c O 0 m 3 C C Q M a CO C O f0 3 � C D Q O f6 � C 3 C C � Q p0[ O t � 0 O � - O m > o s E 4a M c Co G O >/ L � O O O V N m m M M M M m M m M O Ol O�o O O O CL) U') O Lf) O Ct O O V) t0 O r� m �'••� �--� O m N O l0 Lry r� N lA Q) U Q Ma) _ H kD Y L!1 CL 0 C) Q) W U N cl O H a) z d a) Y m Y pp c a m W *- 3 a) 0_ i- Z [o to O a) a) E 0 3 to c C c O L c L -Y O a) Y° O LA W m E Q L 3 a) -0 E a a) z M U u W a 0 CO a v O 0= LL J rCCa G Ca) G C V1 on V, - i-i N M .1 V1 l0 l- W Ql O M IA , C � Y v -Q �c L _ c f6 � L C U ` O C L '� to C = (O � � C C L O L 3 � L }J L Y � a1 � O W � a � 3 O O Q LL O C m •f5� c 3 O `L° LL 3 Y V) r`+ •C v � Y o E m Q C C o � a v c U 3 c REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: CONDITIONAL USE PERMIT NO. 2011 -24 TO ALLOW A NEW MCDONALDS RESTAURANT WITH DRIVE THROUGH WINDOW SERVICE AT 1100 SOUTH GRAND AVENUE — BICKEL UNDERWOOD, APPLICANT f CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading El Ordinance on 2" d Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2011 -24 as conditioned. PLANNING COMMISSION ACTION On December 12, 2011, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2011 -24 as conditioned by a vote of 6:0 (Nalle abstained) to allow drive through window service in conjunction with a new McDonald's Restaurant at 1100 South Grand Avenue located in the Light Industrial (M1) zoning district. The Planning Commission made no changes to the recommended conditions of approval outlined in the attached staff report (Exhibit A). FISCAL IMPACT There is no fiscal impact associated with this action. Jay -M. Trevino Executive Director Planning & Building Agency VF:rb Areports \CURCUP11 -24 McDonalds drive thru.cc Exhibit: A. Planning Commission Staff Report 31A-1 'ki r =v , REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: DECEMBER 12, 2011 TITLE: PUBLIC HEARING - FILED BY BICKEL UNDERWOOD FOR CONDITIONAL USE PERMIT NO. 2011-24 TO ALLOW A NEW MCDONALDS RESTAURANT WITH DRIVE THROUGH WINDOW SERVICE AT 1100 SOUTH GRAND AVENUE Prepared by Vince Fregoso Executive Director PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended • As Amended • Set Public Hearing For DENIED • Applicant's Request • Staff Recommendation CONTINUED TO RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2011 -24 as conditioned. Request of Applicant Ron Underwood from Bickel Underwood Architects, representing Fountainhead Development and McDonald's Corporation, is requesting approval of a conditional use permit to allow drive through window service in conjunction with a new McDonald's Restaurant at 1100 South Grand Avenue. Drive through window service requires a conditional use permit pursuant to Section 41- 472.5(8) of the Santa Ana Municipal Code (SAMC). Protect Location and Site Description The subject site, located at 1100 South Grand Avenue, is a 1.68 -acre property consisting of two parcels that are situated at the northwest comer of McFadden and Grand Avenues. The first parcel, located at the comer of McFadden and Grand Avenues, is approximately 0.52 acres in size and is currently vacant. The second parcel, located just north of the comer parcel, is 1.16 acres in size and is currently improved with an 11,700 square foot, single -story restaurant building that is occupied by the El Cortez Restaurant. Surrounding land uses include various industrial and warehouse uses to the north, south and west, and commercial and industrial uses to the east (Exhibits 1 and 2). Proiect Description The McDonald's Corporation is requesting approval of a conditional use permit to allow drive through window service in conjunction with a new restaurant that will be constructed on the parcel. If approved, the restaurant will be 3,843 square feet in size and is intended to accommodate approximately 40 patrons. A total of 38 parking spaces are required and will be EXHIBIT A lkii[_7 Conditional Use Permit No. 2011 -24 December 12, 2011 Page 2 provided for the project. In addition, numerous site improvements will be made to bring the site into compliance with code. These include providing a minimum 15 foot landscaped setback along both streets frontages, signage to code and on -site landscaping that exceeds code. To further enhance the project, a pedestrian pathway with enhanced paving and decorative lighting will be installed on the property. Further, the southeast corner of the site (at McFadden and Grand Avenues) will be enhanced with decorative paving and landscaping to provide a unique pedestrian entry to the site. Finally, decorative seating will be provided on McFadden Avenue to accommodate passengers utilizing the adjacent bus line (Exhibits 3, 4, 5 and 6) Project Background In 1961, a new Chevron Service Station was constructed at the corner of McFadden and Grand Avenues. The service station remained operational at this location until March 1992, when demolition permits were issued for its removal. In 1962, permits were issued to allow the construction of a new restaurant building just north of the service station. The site has consistently been used by restaurant uses and is currently occupied by the El Cortez Restaurant. Currently, the El Cortez only operates from Thursday through Saturday nights. General Plan and Zoning Consistency The General Plan land use designation for the site is Industrial (IND), which allows manufacturing, industrial and support commercial and restaurant uses, such as the proposed use. The designation applies to areas of the City which are predominantly industrial in character such as this area of the City. Further, Industrial land use designated areas are vital to the economic health of the City as they provide employment opportunities for local residents and generate municipal revenues for continued economic development. The project site is consistent with this General Plan land use designation. The zoning for the site is Light Industrial (M -1). The M -1 zone is intended to accommodate traditional industrial uses such as warehouses, wholesalers, light manufacturers and commercial uses that support the industrial uses. Therefore, the proposed use is also consistent with the zoning designation. Project Analysis Conditional Use Permits are governed by Section 41 -638 of the SAMC. Conditional use permits may be granted when it can be shown that the following can be established: • That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. 31A-4 Conditional Use Permit No. 2011 -24 December 12, 2011 Page 3 • That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. • That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. • That the proposed use will comply with the regulations and conditions specified in Chapter 41 for such use. • That the proposed use will not adversely affect the General Plan of the city or any specific plan applicable to the area of the proposed use. If these findings can be made, then it is appropriate to grant the conditional use permit. Conversely, the inability to make these findings would result in a denial. Using this information staff has prepared the following analysis, which, in turn forms the basis for the recommendation contained in this report. In analyzing the conditional use permit request staff believes that the following findings of fact warrant approval of the conditional use permit. • The project will provide a service or facility which will contribute to the community. The proposed McDonald's Restaurant is a use that is supportive to the primary industrial uses in the area. The use will provide dining opportunities to those working in the immediate area and will provide employment opportunities to residents that live in the City. The drive through window service will provide a convenient option for patrons purchasing meals at the restaurant. The proposed drive through window service will not be detrimental to persons residing or working in the area. The drive through window service has been designed to minimize potential impacts to vehicles travelling along both McFadden and Grand Avenues as the internal stacking area adjacent to the streets has been increased. Further, the site has been designed to minimize potential light and glare impacts from the drive through lane. Finally, conditions of approval have been incorporated to minimize potential adverse impacts from occurring on the premises. The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable location to operate a business. Portions of the site are either currently vacant or occupied by a use that is only open three days a week. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. • The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed that will bring the site into compliance with the Zoning Code. For example, landscaped setbacks and on -site landscaping 31A-5 Conditional Use Permit No. 2011 -24 December 12, 2011 Page 4 will be provided that comply with current standards. In addition, new signage, trash facilities and pedestrian pathways will be provided to bring the site into compliance with code. Finally, on -site improvements will be made that will ensure the facility complies with local, regional and federal water quality standards. • The proposed use will not adversely affect the General Plan as drive through windows are permitted as an ancillary use to the primary use. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. The project, as proposed, will be consistent with each of these General Plan Land Use Element goals. The McDonald's Restaurant will be constructed in an area of the City that is appropriate for restaurant uses with drive through window service. The Light Industrial zoning encourages commercial uses such as restaurants that support the adjacent industrial uses. Additionally, improvements will be made to the site that will bring a vacant parcel of land into compliance with the Zoning Code. Finally, conditions have been placed on the business that will assist in mitigating any potential adverse impacts. Public Notification The project site is not located within the boundaries of a neighborhood association but is adjacent to the Lyon Street Neighborhood Association. The president of this Association was notified by mail 10 days prior to this public hearing. In addition, staff contacted the president to ensure that they were notified of the project and to see if there were any areas of concern. No areas of concern were identified by the Neighborhood Association, nor was there a request that the applicant present the project to a meeting of their members. The project site was posted with a notice advertising this public hearing, a notice was published in the Orange County Reporter and notices were sent to all property owners within 500 feet of the project site. At the time of this printing, no correspondence, either written or electronic, had been received from any members of the public. CEQA Compliance In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2009 -172 will be filed for this project. lkl_I�Q� Conditional Use Permit No. 2011 -24 December 12, 2011 Page 5 Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2011 -24 as conditioned. Vince Freg so,A. CP Principal Planner VF:jm AreporlslCURCUP11 -24 McOonalds drive thnr.121211.pc Attachments: Exhibit 1 — Vicinity Map Exhibit 2 — Land Use Map Exhibit 3 — Site Plan Exhibit 4 — Floor Plan Exhibit 5 — Building Elevations Exhibit 6 — Landscape Plan 31A-7 I U 1 4{ U 1 U FIRST 1 UU Cz•,a R C2,a c2- a O Rz R2 M7 Ml M M2 M1 Mt < i C2 cs C2 1 V wa K RI R3 RS �0- Ml Mt M1 nen t �1T R3 R3 77 �Ml A11 M2 Ml i a R3 R3 R3 f R3 R3 MI Mt MI O R3 113 R3 R3 R3 R3 MI R3 R3 R3 I R3 Rl R1 Rl RI Ml M2 Ml k R1 O RI i R1 R1 v i Rl SD -16 Rl via Rl R7 Rl RI R4 li M2 wuxw n. R1 Rl M2 ms Rl R1 M RI Rl R, R7 Rl - F R4 Rl M1 Rl R1 RI Mt V a Alt RI R1 Rt Mt R1 0 R1 Rl Rl R7 " Rz Ml Ml Mt �` Rl I Rl R2 R3 R3 93 i —fumes 1 \ R1 R1 R1 R1 Rl R1 R2 Rl _ R1 R2 L 1 R1 C7 M6ApDfN AV. ,.owoef a Rl Rl jpRojEcTsrrE w I C4 R4 Ml = MI axm � R1 Rl R1 Rl Rl R1 R rnmw0. 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T��•:� »,.-- •-- •- •...._ -. ,,, � ie °i ;IAOt• Yf 1f f101� .fv /eNe/ � �.N Yom...- �`i.w�w•wiuwa Noawr •>.�a f aloe �`. NM t4tOf Il S a-r I'm s,pleuoaaW'(�f aupl: wecuol5 6o0a Q v}1/YJfA .LA NV aT YY1 h y all Ak 14h-1 S 7 yo d I w i�j1 � �j1 " -1 �ra " a' I f1 X bbv§ It X11 o Is �8 - - -- - -- -•-« I i .4-.19 .. I 1 1 YA yg ` - — — ` m� }�fawVgrA 1 fl I� ..a�►�6a a iii _ —+ ` Ii > ,•a j Ak NX $L' 7 ( yRy Its .�. I / �_ • 11I 1 all f r t Si sI � l l A 4-K .a-AI O h z �aa ns � • �3� ' Q A� 0" C! 9i A •.�•; I 1 C, —I ..— j ` a IY1 © —1 J ° ` E � I 1 • 1 —— c•lwwlYP/3.�JD�oAC.M. i 77 — T(r IT 'I 1 k I f 31gktfo 3 ■ � � .2 � \� ■ �! � . » 7 \. , � � y » ~ ©© « Lop 31A -14 ROH - 12/12/11 RESOLUTION NO. 2011 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2011 -24 AS CONDITIONED TO ALLOW DRIVE THROUGH WINDOW SERVICE FOR THE PROPERTY LOCATED AT 1100 SOUTH GRAND AVENUE BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2011 -24 to operate a drive through window service in conjunction with a new McDonald's Restaurant on the property located at 1100 South Grand Avenue. B. Santa Ana Municipal Code section 41- 472.5(g) requires a conditional use permit for drive through window service. C. On December 12, 2011, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2011 -24. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41 -638, have been established: 1. Will the proposed use provide a service or facility which will contribute to the general well being of the neighborhood or the community? The project will provide a service or facility which will contribute to the community. The proposed McDonald's Restaurant is a use that is supportive to the primary industrial uses in the area. The use will provide dining opportunities to those working in the immediate area and will provide needed employment opportunities for residents that live in the City. The drive through window service will provide a convenient option for patrons purchasing meals at the restaurant. 2. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Resolution 2011 -17 Page 1 of 6 31 A -15 The proposed drive through window service will not be detrimental to persons residing or working in the area. The drive through window service has been designed to minimize potential impacts to vehicles travelling along both McFadden and Grand Avenues as the internal stacking area adjacent to the streets has been increased. Further, the site has been designed to minimize potential light and glare impacts from the drive through lane. Finally, conditions of approval have been incorporated to minimize potential adverse impacts from occurring on the premises. 3. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed use will not adversely affect the economic stability of the area but will instead identify the site as a viable site to conduct business. Portions of the site are either currently vacant or occupied by a use that is only open three days a week. The reuse of the site, in conjunction with the improvements that will be made to the site, will enhance the economic viability of the area. 4. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The use will be in compliance with all regulations and provisions of Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. Site improvements are proposed that will bring the site into compliance with the Zoning Code. For example, landscaped setbacks and on -site landscaping will be provided that comply with current standards. In addition, new signage, trash facilities and pedestrian pathways will be provided to bring the site into compliance with code. Finally, on -site improvements will be made that will ensure the facility complies with local, regional and federal water quality standards. 5. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed use will not adversely affect the General Plan as drive through windows are ancillary to the primary use. Goal 1 of the Land Use Element encourages uses that promote a balance of land uses that address basic community needs. Goal 2 encourages uses that enhance the City's economic and fiscal viability. Goal 5 ensures that the impacts of development are mitigated. The project, as Resolution No. 2011 -17 Page 2 of 6 iki V.1115 proposed, will be consistent with each of these General Plan Land Use Element goals. E. In accordance with the California Environmental Quality Act, the recommended action is exempt from further review per Section 15332. This Class 32 exemption allows infill development provided they are consistent with the zoning and General Plan, do not have any noise or traffic impacts, and can be served by existing utilities. Categorical Exemption Environmental Review No. 2009 -172 will be filed for this project. Section 2. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2011 -24 as conditioned in Exhibit A attached hereto and incorporated as though fully set forth herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes but is not limited to: the Request for Planning Commission Action dated December 12, 2011 and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12th day of December, 2011 by the following vote: AYES: Commissioners: Acosta, Alderete, Gartner, Mill, Turner, Yrarrazaval (6) NOES: Commissioners: None (0) ABSENT: Commissioners: None (0) ABSTENTIONS: Commissioners: Nalle (1) APPROVED AS TO FORM: Joseph A. Straka, Interim City Attorney By: Ryan O. Hodge Assistant City Attorney Eric Alderete Chairman 31 A -17 Resolution No. 2011 -17 Page 3 of 6 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARTHA RAMIREZ, Secretary of the Planning Commission, do hereby attest to and certify the attached Resolution No. 2011 -17 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on December 12, 2011. Date: Secretary of the Planning Commission City of Santa Ana ikii_[_d_E:� Resolution No. 2011 -17 Page 4 of 6 Conditions for Approval of Conditional Use Permit No. 2011 -24 Conditional Use Permit No. 2011 -24 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below rip or to exercising the rights conferred by this conditional use permit. The applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. A. Planning Division 1. All proposed site improvements must conform to the Site Plan Review approval of DP No. 2009 -62. 2. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 3. The required lot merger shall be completed and be recorded prior to the issuance of any building permit. 4. A final landscaping plan, including a detailed irrigation plan, shall be submitted to staff for review and approval when plans are submitted to building plan check. The landscape plan needs to identify the fencing and landscape treatments that will be provided on the portion of the parcel that will not be used for this project. B. Police Department Prior to submitting into building plan check, submit plans that indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. See the commercial supplement for additional information. Discretionary action conditions (if applicable) must be printed on your set of plans. 2. Prior to submitting into building plan check, submit a full set of electrical plans to the Police Department to verify exterior door lighting placement and parking lot illumination levels. Resolution No. 2011 -17 Page 5 of 6 DECEMBER 12, 2011 PAGE 2 OF 2 3. Prior to obtaining an electrical permit, submit photometric foot - candle calculations of all parking lots and walkways for review and approval. Photometric calculations must be superimposed on a scaled site plan of the project. Resolution No. 2011 -17 Page 6 of 6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: ORDINANCE AMENDING CHAPTERS 18 AND 31 OF THE SANTA ANA MUNICIPAL CODE PROHIBITING SMOKING IN CITY PARKS CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER 1. Adopt an ordinance amending Chapters 18 and 31 of the Santa Ana Municipal Code prohibiting smoking in City parks. 2. Approve and adopt the Categorical Exemption for Environmental Review No. 2011 -25. DISCUSSION The Parks, Recreation and Community Services Agency ( PRCSA) is committed to providing Santa Ana families with clean, safe, and healthy parks and facilities. According to California Health and Safety Code (104350- 104495), smoking is the single most important source of preventable disease and premature death in California. California State Law (Health and Safety Code 104495) already protects tot lots and play areas in parks from secondhand smoke. This proposed ordinance would extend the park non - smoking area to the perimeter sidewalks at all City parks. Currently six Orange County cities, 107 California cities /counties and 478 United States Cities /counties have adopted ordinances making local parks smoke free. In Orange County, the cities of Laguna Beach, Laguna Hills, Laguna Woods, and Seal Beach have adopted ordinances. Based on reports provided to CCAP, the ordinances enacted by cities have been self- enforcing. Eighty -six percent of Californians do not smoke and prefer not to be exposed to second hand smoke. This public expectation and appropriate signage have contributed towards successful implementation of these ordinances with minimal city resources. PRCSA presented the Non - Smoking Ordinance to the Board of Recreation and Parks on March 23, 2011, and the PREY Council Committee on November 28, 2011 and both the board and the committee recommended approval of the proposed ordinance. Upon adoption of this ordinance, the Parks, Recreation and Community Services Agency will provide and install adequate signage and utilize Park Rangers and park staff to ensure successful implementation and compliance with 5OA -1 Ordinance Amending Chapters 18 and 31 of the Santa Ana Municipal Code January 17, 2012 Page 2 the ordinance as part of their regular duties. The signs are estimated to cost $3,150. Categorical Exemption for Environmental Review No. 2011 -25 will be filed with the County Clerk/County of Orange. FISCAL IMPACT Funds for this item are available in the Park Services Operating M &S Buildings /Grounds account (no. 01113250 63200). Gerardo Mouet, Executive Dire or Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, Executive Director Finance and Management Services Agency Iss:3/11 /11 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CHAPTER 18 AND CHAPTER 31 OF THE SANTA ANA MUNICIPAL CODE RELATING TO PROHIBITING SMOKING IN CITY PARKS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. This Ordinance is necessary to protect the public health and welfare from the harmful health effects associated with secondhand smoke by regulating smoking in public parks. B. Studies have shown that breathing secondhand tobacco smoke is a significant health hazard for several populations, including children, elderly people, individuals with cardiovascular disease, individuals with impaired respiratory function, asthmatics, and those with obstructive airway disease. C. The Surgeon General of the United States found in a 1986 report that secondhand tobacco smoke is a cause of lung disease, including lung cancer, in healthy nonsmokers. The Surgeon General further found that the simple separation of smokers and nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to secondhand tobacco smoke. D. Nonsmokers with allergies, respiratory disease, and those who suffer other ill effects of breathing secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of reactions to secondhand tobacco smoke. E. The Environmental Protection Agency (EPA) has designated secondhand smoke as a Class A carcinogen and a significant cause of respiratory problems in children. Section 2: Santa Ana Municipal Code Chapter 18, Article II, Division 1 is hereby amended to read in full as follows (new language in bold, deleted language in strikeout, for tracking purposes only): ARTICLE II. PUBLIC SMOKING REGULATIONS DIVISION 1. CITY BUILDINGS AND PARKS Sec. 18 -39. Definitions. (1) City building means a building, or portion of a building, owned, leased or otherwise occupied by the city. (2) Park means any public park or recreation or playground area, including Class I Bike Trails and paseos, or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area, whether or not such areas have been formally dedicated to such purpose. (3) Smoke or smoking as used in this Article 11 shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (4) Stadium means the Eddie West Field -Santa Ana Stadium. (5) Zoo means the Santa Ana Zoo at Prentice Park. Sec. 18 -40. Prohibition in city buildings, parks, stadium and zoo. (a) Except as otherwise provided in subsection (b) below, no person shall smoke in any city building, park, stadium or zoo. Violation of this section shall be an infraction as specified in Section 19.6 of the Penal Code of the State of California. (b) Subsection (a) above shall not apply to the following areas: (1) Open -air entryways, courtyards or balconies. (2) Parking structures. (3) Any area of a building occupied by a tenant pursuant to a lease agreement with the city. Sec. 18 -41. Duty to post signs. "No smoking" signs shall be conspicuously posted in every room, building, or other place where smoking is prohibited by this article, by the department head, operator, manager, or other person having control of such room, building, or other place. Section 3: Santa Ana Municipal Code Section 31 -1 is hereby amended to read in full as follows: Sec. 31 -1. Definitions. Unless the particular provisions or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this chapter. (1) The words "amplified sound" mean music or speech projected or transmitted by artificial means including, but not limited to, amplifiers, loudspeakers or any similar devices. (2) The word "department" means the recreation and parks department of the City of Santa Ana. (3) The word "director" means the director of the recreation and parks department. (4) The word "park" means any public park or recreation or playground area, including Class I Bike Trails and paseos, or building or facility thereon within the City of Santa Ana, owned and maintained by the city as a public park or recreation or playground area, whether or not such areas have been formally dedicated to such purpose. (5) The word "pollution" means the contamination or other alteration of the physical, chemical or biological properties of park waters. (6) The word "smoke or smoking" shall include the carrying, holding, possession or smoking of a lighted pipe or cigar or cigarette of any kind, or the lighting of a pipe, cigar or cigarette of any kind. (67) The word "stadium" means the Eddie West Field -Santa Ana Stadium. 5OA -5 (78) The word "vehicle" includes any wheeled device or conveyancy, whether propelled by motor, animal or human power. The term shall include any trailer in tow of any kind, size or description. Exception is made for baby carriages and vehicles in the service of the city. (89) The word "zoo" means the Santa Ana Zoo at Prentice Park. Section 4: Santa Ana Municipal Code Section 31 -2 is hereby amended to read in full as follows (new language in bold, deleted language in strikeout, for tracking purposes only): Sec. 31 -2. Prohibited conduct. The conduct described in sections 31 -2.2 through 31 2.1831 -2.19 shall be prohibited within the exterior boundary lines of any public park unless specifically allowed through the issuance of a permit pursuant to the requirements of section 31 -3. The conduct described in sections 31 -2.1 through 31 -2.18 shall be prohibited in the stadium or zoo unless inconsistent with the terms and conditions of uses permitted by a contract approved by the city council. Section 5: A new Section 31 -2.19 is hereby added to the Santa Ana Municipal Code to read in full as follows: Sec. 31 -2.19. Smoking prohibited in parks, stadium and zoo. Smoking is prohibited and is unlawful within the boundaries of any park, stadium or zoo. Section 6. In accordance with the California Environmental Quality Act, the recommended action is categorically exempt from further review per section 15321, Class 21, as the project involves an enforcement action by a regulatory agency for an inspection program. A Categorical Exemption for Environmental Review No. ER- 2011 -025 will be filed for this project. Section 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of APPROVED AS TO FORM: Joseph Straka, Interim City Attorney By: Laura Sheedy Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT Councilmembers Councilmembers Councilmembers Councilmembers 2012 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 5OA -7 MAYOR Miguel A. Pulido MAYOR PRO TEM Claudia C. Alvarez COUNCIL MEMBERS P. David Benavides Carlos Bustamante Michele Martinez Vincent F. Sarmlento Sal Tinaiero CITY OF SANTA ANA PLANNING & BUILDING AGENCY 20 Civic Center Plaza (M -20) P.O. BOX 1988 .Santa Ana, California 92702 (714) 667 -2700 • Fax (714) 973 -1461 www.santa- ana.org CITY MANAGER David N. Ream CITY ATTORNEY Joseph W. Fletcher CLERK OF THE COUNCIL Maria D. Hulzar NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act (CEQA) Fee Exemption per California Government Code Section 6103 To: COUNTY CLERK County of Orange P.O. Box 238 Santa Ana, CA 92702 Project Title: Smoking Ban in Public Parks Date of Approval: 01/17/2012 Project Number(s): OA- 2011 -2 -OA Project Location: 1 Citywide City: Santa Ana County: Orange ER Number: ER- 2011 -25 Project Description: This ordinance is proposed by the Parks and Recreation Department to ban smoking in public park areas. From: City of Santa Ana Planning & Building Agency 20 Civic Center Plaza M -20 Santa Ana, CA 92702 Applicant Name: Ron Ono, City of Santa Ana Applicant Address: 20 Civic Center Plaza SANTA ANA, CA 92701 Name of Public Agency Approving Project: City Council Name of Person or Agency Carrying Out Project: Soboleske, Hally Exempt Status: Ministerial (Sec. 15268) Declared Emergency (Sec. 15269 (a)) Emergency Project (Sec. 15269 (b through e)) 0 General Rule (Sec. 15061(b)(3)/(5)) Statutory Exemption: 0 Categorical Exemption: Reason(s) Why Project is Exempt From CEQA: This proposed ordinance has no potential to harm the environment, but is designed to protect the natural environment and persons from potential harm from cigarette smoke. City Contact: Haily Soboleske Telephone: (714) 647 -5842 Signature: Title: Date: REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 17, 2012 TITLE: RESOLUTION CERTIFYING EIR FOR SAN LORENZO SEWER LIFT STATION AND APPROVAL OF SAN LORENZO SEWER LIFT STATION PROJECT CITY MANAGER RECOMMENDED ACTION 1. Adopt a resolution: CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2 o Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER (a) Certifying that the Final Environmental Impact Report (EIR) NO 2012 -001 for the San Lorenzo Sewer Lift Station (Exhibit 1) (a) has been completed in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.); (b) was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project; and (c) reflects the City of Santa Ana's independent judgment and analysis. (b) Adopting the Findings of Fact and Statement of Overriding Considerations, attached to the Resolution as "Exhibit A." (c) Adopting the Mitigation Monitoring and Reporting Program, attached to the Resolution as "Exhibit B." 2. Conceptually approve the proposed San Lorenzo Sewer Lift Station as described in the Final EIR. DISCUSSION The City has prepared an Environmental Impact Report (EIR) to evaluate the potential environmental impacts associated with construction and operation of a new sewer lift station at the end of San Lorenzo Avenue, just east of Bristol Street (Exhibit 2). The new sewer lift station would replace an out -of -date facility located beneath Bristol Street approximately 700 feet to the west of the proposed site. The new station will include mechanical and electrical equipment, an updated operating system, and additional pumps, which will greatly reduce the possibility of a major sewage spill. 55A -1 Resolution Certifying EIR for San Lorenzo Sewer Lift Station and Approval of Sewer Lift Station Project January 17, 2012 Page 2 In December 2008, the City prepared a CEQA Initial Study and Mitigated Negative Declaration (MND) for the proposed project. The MND was approved by the City Council on February 2, 2009. Subsequently, the MND was challenged in California Superior Court by an adjacent property owner: Santa Ana California Lodge, LLC. As a result, the court instructed the City to vacate its approval of the MND and prepare a project EIR. The Draft EIR was developed and circulated for public review and comment from July 14, 2010 through September 10, 2010 (58 days). Based on a review of comments provided on this Draft EIR and a prior version of the Final EIR, which was never certified, the City opted to expand the EIR's analysis of alternative locations for the proposed project and incorporate other minor revisions into the Draft EIR. The City also decided to recirculate the Draft EIR. Accordingly, in compliance with CEQA Guidelines, the City prepared a recirculated Draft EIR (RDEIR), which was made available for public review for a 47- day period from September 14 through October 31, 2011. The City has prepared a Final EIR which includes all comments and recommendations received on the RDEIR, and written responses to those comments. Staff recommends that the City Council adopt the resolution certifying the Final Environmental Impact Report for the San Lorenzo Sewer Lift Station, and approve the project as described in the Final EIR. In order to construct the new lift station as described in the Final EIR, the City will need to acquire approximately 292 square feet of unused land owned by the Santa Ana California Lodge, LLC. In addition, a temporary construction easement of 465 square feet would also be required. Attached as Exhibit 3 is the executive summary of the EIR, which explains the revisions made between the originally circulated Draft EIR and the RDEIR. Copies of the Final EIR are available for public review at the City Clerk's office and at the Public Works counter on the first floor of the Ross Annex. ENVIRONMENTAL IMPACT The Final Environmental Impact Report has been prepared in accordance with CEQA. Virtually all of the significant environmental impacts associated with this project are temporary impacts that occur due to construction activities and can be mitigated to below the level of significance. The one significant long -term impact identified was the possibility of odors emanating from the lift station and impacting sensitive receptors. However, this potential impact is reduced to "less than significant" by incorporating an odor - control system into the lift station design. The EIR identified only one significant impact that could not be mitigated below the level of significance: traffic disruption due to lane closures on Segerstrom Avenue and Bristol Street. This impact is a near -term impact and would occur only during five weeks of the construction schedule. 55A -2 Resolution Certifying EIR for San Lorenzo Sewer Lift Station and Approval of Sewer Lift Station Project January 17, 2012 Page 3 The EIR evaluated 21 alternatives to the proposed project, including 19 alternative site locations. As set forth in detail in the EIR, none of these alternatives or alternative sites are environmentally superior to the proposed project, and many would increase total environmental impacts as compared to the proposed project. As required by CEQA, the City has prepared specific findings on each significant impact of the proposed project, the mitigation measures for those impacts, and each alternative considered in the Final EIR, and a statement of overriding considerations explaining the specific reasons that the project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impact (Exhibit A to Exhibit 1). The City has also prepared a mitigation monitoring and reporting Program to ensure implementation of all mitigation measures identified in the EIR (Exhibit B to Exhibit 1). FISCAL IMPACT There is no fiscal impact associated with this action. V-0-/ - Raul Godinez II Executive Director Public Works Agency RG /SW Exhibits: 1. Resolution Exhibit A — Findings of Fact and Statement of Overriding Considerations Exhibit B — Mitigation Monitoring and Reporting Program 2. Location Map 3. EIR Executive Summary 55A -3 55A -4 EXHIBIT 1 RESOLUTION NO. 2012 -001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR THE SAN LORENZO SEWER LIFT STATION PROJECT, ADOPTING CERTAIN FACTS, FINDINGS AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING AND REPORTING PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. In compliance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and Title XIV, California Code of Regulations, Section 15000 et. seq. (CEQA Guidelines), the City of Santa Ana has prepared an Environmental Impact Report (EIR) to analyze the environmental impacts of the San Lorenzo Sewer Lift Station Project (Project No. 06- 3510), which would upgrade and replace an existing sewer lift station located generally near the intersection of South Bristol Street and West Segerstrom Avenue. B. In compliance with CEQA and CEQA Guidelines Sections 15063 and 15082, the City prepared an Initial Study and Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR), which was distributed to the Office of Planning and Research, all responsible and trustee agencies and other interested parties on April 12, 2010. C. In compliance with CEQA and CEQA Guidelines Sections 15087, the City provided public notice of the availability of the Draft EIR and sent a notice of completion to the Office of Planning and Research on July 14, 2010, which began a 44 -day review period, ending on August 27, 2010. On August 30, 2010, the City extended the review period for an additional 14 days, until September 10, 2010, for a total review period of 58 days. D. In compliance with CEQA and CEQA Guidelines Section 15088.5, following the City's review of public comment letters received on the Draft EIR and previously prepared (but never certified) Final EIR, the City determined a need to incorporate substantive revisions to the Draft EIR, thereby necessitating a re- circulation of the Draft EIR for public review. Accordingly, the City prepared a Recirculated Draft EIR ( RDEIR) and sent a notice of completion to the Office of Planning and Research on September 14, 2011 and provided notice of the availability of the RDEIR as required by CEQA Guidelines Section 15087, which began a 47 -day public review period for the RDEIR that concluded on October 31, 2011. 55A -5 E. The City prepared a Final EIR, which includes all comments and recommendations received on the RDEIR, a list of persons, organizations, and public agencies commenting on the RDEIR, the City's written responses to significant environmental points raised in the review and consultation process, and the RDEIR and associated technical appendices. F. The City provided written responses to all agencies and members of the public commenting on the Draft EIR at least ten (10) days prior to certification of the EIR. G. The City Council of the City of Santa Ana fully considered this matter, and all public testimony, written and oral, at its regularly scheduled meeting of January 17, 2012. H. The City has prepared Findings of Fact in compliance with Public Resources Code Sections 21081 and 21081.5 and CEQA Guidelines Section 15091 for every significant impact of the San Lorenzo Sewer Lift Station Project, including an explanation of the rationale for each finding. I. The San Lorenzo Sewer Lift Station Project will have one significant transportation/traffic impact that cannot be mitigated to below the level of significance. J. The City has prepared a Statement of Overriding Considerations in compliance with Public Resources Code Sections 21081 and CEQA Guidelines Section 15093, which finds that specific economic, legal, social, technological or other benefits of the San Lorenzo Sewer Lift Station Project outweigh the significant and unavoidable impact identified in the EIR. K. The City has prepared a Mitigation, Monitoring and Reporting Program (MMRP) in compliance with Public Resources Code Sections 21081.6 and CEQA Guidelines Section 15087 to ensure compliance with the mitigation measures identified in the EIR during project construction, implementation and operation. L. All attached documents, including the Final EIR, the MMRP, the findings and statement of overriding considerations, the Request for Council Action dated January 17, 2012, and the record of proceedings are incorporated herein by this reference as though fully set forth. Section 2. The City Council of the City of Santa Ana further finds, determines, and declares as follows: A. The City Council certifies that: 1) The Final EIR has been completed in compliance with CEQA. 2) The Final EIR was presented to the City Council of the City of Santa Ana, which reviewed and considered the information contained in the Final EIR prior to approving the project. 3) The Final EIR reflects the City of Santa Ana's independent judgment and analysis. B. The City Council adopts the Findings of Fact and Statement of Overriding Considerations, attached to this Resolution as "Exhibit A." C. The City Council adopts the Mitigation Monitoring and Reporting Program, attached to this Resolution as "Exhibit B." D. All attached documents, including the Mitigation Monitoring and Reporting Program, the CEQA Findings of Fact and the Statement of Overriding Considerations, are hereby incorporated by reference as though set forth in full. Section 3. Pursuant to Title XIV, California Code of Regulations ( "CCR ") §735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the San Lorenzo Sewer Lift Station Project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code §711.4(c)(2) and Title XIV, CCR §753.5, the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this 17th day of January, 2012. 55A -7 Miguel A. Pulido Mayor APPROVED AS TO FORM: City Attorney i AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2012 -001 to be the original resolution adopted by the City Council of the City of Santa Ana on January 17, 2012. Date: Clerk of the Council City of Santa Ana e61 EXHIBIT "A" SAN LORENZO LIFT STATION PROJECT (SCH No. 2010041028) CEQA Findings of Fact/ Statement of Overriding Considerations Prepared for: The City of Santa Ana Public Works Agency Water Resources Division 200 S. Daisy Avenue Corporate Yard, MS 85 Santa Ana, CA 92703 Prepared by: T&B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 January 17, 2012 Contents EXHIBIT "A" Contents Section Page Chapter1 - Introduction ............................................................... ............................1 -1 Chapter2 - CEQA Findings ........................................................... ............................2 -1 2.1 Introduction .................................................................... ............................... 2 -1 2.2 Findings Regarding Environmental Impacts ............. ............................... 2 -2 Chapter 3 - Findings Regarding Project Alternatives .............. ............................... 3 -1 3.1 Introduction .................................................................... ............................... 3 -1 3.2 Project Objectives ......................................................... ............................... 3 -1 3.3 Selection of Alternatives .............................................. ............................... 3 -1 3.4 Project Alternative Findings ......................................... ............................... 3 -3 3.4.1 No Project Alternative ....................................... ............................... 3 -3 3.4.2 Modified Construction Configuration C.2 Alternative ................ 3 -5 3.4.3 Alternative Site Location No. 1 (Alternative Site No. 1) .............. 3 -6 3.4.4 Alternative Site Location No. 2 (Alternative Site No. 2) .............. 3 -8 3.4.5 Alternative Site Location No. 3 (Alternative Site No. 3) ............ 3 -10 3.4.6 Alternative Site Location No. 4 (Alternative Site No. 4) ............ 3 -12 3.4.7 Alternative Site Location No. 5 (Alternative Site No. 5) ............ 3 -13 3.4.8 Alternative Site Location No. 6 (Alternative Site No. 6) ............ 3 -15 3.4.9 Alternative Site Location No. 7 (Alternative Site No. 7) ............ 3 -16 3.4.10 Alternative Site Location No. 8 (Alternative Site No. 8) ............ 3 -18 3.4.1 1 Alternative Site Location No. 9 (Alternative Site No. 9) ............ 3 -20 3.4.12 Alternative Site Location No. 10 (Alternative Site No. 10) ........ 3 -22 3.4.13 Alternative Site Location No. 11 (Alternative Site No. 1 1) ........ 3 -24 3.4.14 Alternative Site Location No. 12 (Alternative Site No. 12) ........ 3 -27 3.4.15 Alternative Site Location No. 13 (Alternative Site No. 13) ........ 3 -29 San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact/Statement of Overriding Cgnld�ratiops0 Contents EXHIBIT "A" 3.4.16 Alternative Site Location No. 14 (Alternative Site No. 14) ........ 3 -31 3.4.17 Alternative Site Location No. 15 (Alternative Site No. 15) ........ 3 -33 3.4.18 Alternative Site Location No. 16 (Alternative Site No. 16) ........ 3 -35 3.4.19 Alternative Site Location No. 17 (Alternative Site No. 17) ........ 3 -36 3.4.20 Alternative Site Location No. 18 (Alternative Site No. 18) ........ 3 -39 3.4.21 Alternative Site Location No. 19 (Alternative Site No. 19) ........ 3 -41 3.4.22 Findings on Alternatives that were Considered but Eliminated from Detailed Analysis in the Draft EIR .....................3 -43 3.4.23 Additional Findings .......................................... ............................... 3 -45 Chapter 4 - Statement of Overriding Considerations ............... ...........................4 -47 4.1 Introduction .................................................................. ............................... 4 -47 4.2 Unavoidable Significant Adverse Impacts .............. ............................... 4 -47 4.3 Overriding Considerations ......................................... ............................... 4 -48 4.3.1 Project Benefits ................................................ ............................... 4 -48 San Lorenzo Lift Station EIR (Project No. 06 -3510) CEQA Findings of Fact/Statement of Overriding C99K—Asi Chapter I Introduction EXHIBIT "A" Chapter 1 - Introduction The City of Santa Ana (City) adopts the following Findings of Fact in connection with the San Lorenzo Lift Station Project (Project). Such Findings must be adopted by the City pursuant to the requirements of Section 21081 of the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and Section 15091 of the State CEQA Guidelines (CEQA Guidelines) (14 Cal. Code Regs. §15000 et seq.) prior to approval of a project for which an Environmental Impact Report (EIR) has been certified which identifies one or more significant environmental effects. The City also adopts the Statement of Overriding presented in Chapter 4 of this document, which provides the specific reasons that the Project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impacts. This document is organized as follows: Chapter 1 Introduction to CEQA Findings of Fact and Statement of Overriding Considerations. Chapter 2 CEQA Findings of Fact regarding the significant environmental impacts of the Project and the mitigation measures for those impacts identified in the Environmental Impact Report (EIR) prepared for the Project and adopted as conditions of approval. Chapter 3 Findings regarding the alternatives to the Proposed Project evaluated in the EIR and the reasons that such alternatives were rejected or accepted. Chapter 4 Statement of Overriding Considerations explaining the specific reasons that the Project's economic, legal, social, technological, or other benefits outweigh its adverse environmental impact. Brief Project Description The Project area is located at the western terminus of San Lorenzo Avenue, immediately north of West Segerstrom Avenue and south of an existing alley. The Project would replace the existing Segerstrom Lift Station, which is located beneath South Bristol Street approximately 700 feet to the west of the new lift station site. The Project will consist of a newly constructed lift station that will be housed within an approximately 8 -foot by 30 -foot block structure, measuring approximately 17 feet in height. The following facilities will be installed within or beneath the block structure: electrical panels and control center; a below - ground wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; a below - ground dry well to house the pumps, motors, associated equipment and appurtenances; a gravity odor control system; and a stairway access into the dry well. Landscaping and hardscape improvements are included as part of the new lift station. The Project includes the repaving of a portion of the western end of San Lorenzo Avenue, portions of an existing San Lorenzo Lift Station EIR (Project No. 06 -3510) 1 -1 CEQA Findings of Fact/Statement of Overriding Cgnsi era AS2 Chapter 1 Introduction EXHIBIT "A" alley, and a portion of West Segerstrom Avenue, along with the installation of new sidewalks in areas where existing sidewalks have fallen into a state of disrepair and/or will be demolished during lift station construction. Some existing landscaping along West Segerstrom Avenue will remain. The Project also includes the installation and operation of approximately 1,300 linear feet of new underground sewer infrastructure, including approximately 560 linear feet of 15 -inch gravity sewer pipe; approximately 190 linear feet of 12 -inch gravity sewer pipe; approximately 545 linear feet of 10 -inch force main; and sewer manholes and appurtenances. Construction of these new facilities will occur beneath the paved rights -of -ways of South Bristol Street and West Segerstrom Avenue. The new infrastructure will be needed to connect several existing sewer mains to the Project. After construction of the Project is complete and the new subsurface sewer pipes and manholes are installed, the new lift station will move effluent through the station and into gravity sewer lines, which will convey the sewerage to the Orange County Sanitation District's (OCSD) Reclamation Plant No. 1, located in the City of Fountain Valley adjacent to the Santa Ana River. Effluent will continuously flow through the Project and will not be stagnant. The Project will replace the Segerstrom Lift Station and will not increase the capacity of the City's existing sewer system. The Project will be constructed with odor control devices and the City will regularly monitor the facility to ensure it is functioning properly. After the Project has been constructed and is in operation, demolition of the existing Segerstrom Lift Station will occur. Demolition activities will involve abandonment in place of the existing lift station, including the removal and disposal of all lift station equipment and filling of the existing wet well manhole with sand. An existing generator, located southerly of the existing lift station, will remain in place and will serve as a back -up power source for the proposed Project. Some removal and replacement of existing sidewalk and roadway pavement will occur in association with proposed demolition activities. Demolition of the existing Segerstrom Lift Station will occur in conformance with all applicable federal, state, and local regulations and standards. All roadway segments disturbed by Project construction will be resurfaced. CEOA Compliance As described in Section 1.3.1 of the EIR, the City originally prepared and processed a Mitigated Negative Declaration (MND) for the proposed Project in December 2008. The MND was adopted by the City Council on February 2, 2009. However, the MND was challenged in California Superior Court by an adjacent property owner, and the Court ordered the lead agency to vacate its approval of the MND and required preparation of a project EIR. The City published a Draft EIR for the Project and circulated it for public review between July 14, 2010 and September 10, 2010. Following the City's review of comment letters received in response to the Draft EIR and a previously prepared (but never certified) Final EIR, the City determined a need to incorporate substantive revisions to the Draft EIR, thereby necessitating a re- circulation of the Draft EIR for an additional public review period. Accordingly, the City prepared a Recirculated Draft EIR ( RDEIR) and sent a notice of completion to the Office of Planning and Research on September 14, 2011 and provided notice of the availability of the RDEIR as required by CEQA Guidelines Section 15087, which began a 47 -day public review period for the RDEIR that concluded on October 31, 2011. The key procedural actions related to the proposed Project and CEQA to date include: San Lorenzo Lift Station EIR (Project No. 06 -3510) 1 -2 CEQA Findings of Fact/Statement of Overriding Considerations 55A -13 Chapter 1 Introduction EXHIBIT "A" • Circulate Initial Study/Notice of Preparation of a Draft EIR: April 12, 2010 through May 12, 2010 (30 days); • Provide Notice of Availability of the Draft EIR, file Notice of Completion (NOC) with the Office of Planning and Research and circulate Draft EIR for Public Review: July 14, 2010 through September 10, 2010 (58 days); • Provide Notice of Availability of the RDEIR, file NOC with the Office of Planning and Research and re- circulate the RDEIR for Public Review: September 14, 2011 through October 31, 2011 (47 days); and • Prepare Final EIR, including all comments and recommendations received on the RDEIR, a list of persons, organizations, and public agencies commenting on the RDEIR, the City's written responses to significant environmental points raised in the review and consultation process, and the RDEIR. San Lorenzo Lift Station EIR (Project No. 06 -3510) 1 -3 CEQA Findings of Fact/Statement of Overriding Considerations 55A -14 Chapter 2 CEQA Findings Attachment "A" Chapter 2 - CEQA Findings 2.1 Introduction This chapter presents the impacts that were identified in the EIR and the findings that are required in accordance with Section 15091 of the CEQA Guidelines. The possible findings for each significant adverse impact are as follows: 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the EIR ( "Finding 1 "). 2. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency ( "Finding 2 "). 3. Specific economic, social, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives in the EIR ( "Finding 3 "). CEQA requires that the Lead Agency adopt mitigation measures or alternatives, where feasible, to avoid or substantially reduce significant environmental impacts that would otherwise occur as a result of a project. Project modifications or alternatives are not required, however, where they are infeasible or where the responsibility for modifying the project lies with some other agency (State CEQA Guidelines §15091(a)[2],[3]). Public Resources Code Section 21061.1 defines "feasible" to mean "capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors." State CEQA Guidelines Section 15364 adds another factor: "legal" considerations. (See also Citizens of Goleta Valley v. Board of Supervisors [Goleta II] [1990] 52 Cal.3d 553, 565 [276 Cal. Rptr. 410].) When an agency approves a project with significant environmental effects that will not be avoided or substantially lessened, it must adopt a statement that, because of the project's overriding benefits, it is approving the project despite its environmental harm. (CEQA Guidelines §15043). This written statement is known as the Statement of Overriding Considerations. The Statement of Overriding Considerations demonstrates that the decision making body of the Lead Agency has weighed the benefits of the project against its unavoidable adverse effects in determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of the project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (CEQA Guidelines § 15093.) The California Supreme Court has stated that, "the wisdom of approving any development project, a delicate task which requires a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced" (Goleta II, 52 Ca1.3d 553, 576 [276 Cal. Rptr. 401]). San Lorenzo Lift Station EIR (Project No. 06 -3510) 2 -1 Findings of Fact /Statement of Overriding Consider55A-1 iQns 5 Chapter 2 CEQA Findings Attachment "A" 2.2 Findings Regarding Environmental Impacts Table 2 -1, CEQA Findings, summarizes the environmental impacts of the Project which either have no impact or are less than significant, the significant impacts of the Project that will be reduced to less - than - significant levels with mitigation, and the significant and unavoidable impact. The City hereby finds that Project impacts associated with the issue areas of Hazards/Hazardous Materials, Utilities /Service Systems, and Water Quality/Hydrology either have no impact or are less than significant. This finding is based on the explanation and analysis included in RDEIR Chapters 3.2, 3.5 and 3.6, respectively, which the City ratifies, adopts and incorporates in these findings. The City hereby finds that mitigation measures have been identified in the RDEIR that will avoid or substantially lessen Project impacts associated with the issue areas of Air Quality, Noise, and Transportation and Traffic to a less than significant level. This finding is based on the explanation and analysis included in RDEIR Chapters 3.1, 3.3 and 3.4, respectively, which the City ratifies, adopts and incorporates in these findings. The City hereby finds that mitigation measures have been identified in the RDEIR that will lessen Project impacts associated with the issue areas of Transportation and Traffic, specifically the impact to intersection operations during implementation of Construction Configuration C.2 under Transportation /Traffic Threshold 1, but not to a less than significant level. This finding is based on the explanation and analysis included in RDEIR Chapter 3.4, which the City ratifies, adopts and incorporates in these findings. In addition, the City hereby finds that impacts to the following issue areas would not occur as a result of the Proposed Project: Aesthetics; Agricultural Resources; Biological Resources; Cultural Resources; Geology /Soils; Land Use/Planning; Mineral Resources; Population/Housing; Public Services; Recreation; and Utilities /Service Systems (except for wastewater). This finding is based on the explanation and analysis included in Initial Study prepared for the Project, which the City ratifies, adopts and incorporates in these findings. Additional facts that support the findings are set forth in the Final EIR, the staff report to the City Council, and the record of proceedings for the Project. Key discussions that support the Findings from the Final EIR are summarized in the "Evidence /Rationale Supporting Finding" column of Table 2 -l. However, other evidence may be contained in the overall record of the project to further support the finding. In making these findings, the City ratifies, adopts and incorporates the analysis and explanation in the Final EIR, and ratifies, adopts and incorporates in these findings the determinations and conclusions of the Final EIR relating to the environmental impacts and mitigation measures, except to the extent any such determinations or conclusions are specifically and expressly modified by these findings. The documents and other materials that constitute the record of proceedings on which the Project findings are based are located at the City of Santa Ana Public Works Agency, 200 South Daisy Avenue, Corporate Yard, MS 85, Santa Ana, California, 92703. The custodian for these documents is Steve Worrall, Senior Civil Engineer. This information is provided in compliance with Public Resources Code §21081.6(a)(2) and CEQA Guidelines §15091(e). San Lorenzo Lift Station EIR (Project No. 06 -3510) 2 -2 Findings of Fact /Statement of Overriding Considerations 55A -16 9 C d E t U Q C a �L a a u N a t U. 55A -17 M N i C� N o O U V'1 bA M C o •� o � z' �O N W Y O � O U �w � w � O a bA N � a ri U 0 .c o > 0=4 c C • � G � N � cC cC U � A. � — t)c 3 w o d v O O aj ell Cud u y w U C13 71 UO =O U (7 > b .- w. = o c a> c C O VI L. o a> _ Z �r O cd C V] U 0=A'i . 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C4 .p P .y' u aEi y U a° a> •° y • a� � c cpo 3 a�i �_ '� ° � � � 3 � T'_ ° N c E 3 'O C E O N c E w= U cC .b E U U Cd .E E Y ♦ A U L U 3. �+ Z LL y b�.p Y bD O p 0 W ° a� U .a O •O O ; 'D E �- N c c U U O O.O C.�p E �° E M M C,3 n M v M M C as as a,� 0 0 0 0 0 0 C C � ^O .� 'L7 C,3 .� c� N . 'O s. O to CI 7R 'O E o c ° o U •� w b .2— o U b 'O _ -se cz O w, O n cd o a� E p ° o� cc - �o3xb p p o b G cd o 3 01 O �� y N 0. .... s. C c3 •9 •p O 7 O U cO :� v o aEi o f •mss°' '. y v o G p y vi =— � i.y � E � ❑ �n N N O U b o U � ors MT. �p b O � O .O Y 0�. O E Gy. Y Lil � U � w � o E o ;b N � a �W �U Chapter 3 Findings Regarding Project Alternatives Attachment "A" Chapter 3 - Findings Regarding Project Alternatives 3.1 Introduction The RDEIR prepared for the Project considered numerous alternatives to the Project and ultimately analyzed twenty -one (21) of these alternatives in detail. This chapter describes the Project's objectives and design criteria used to develop and evaluate the project alternatives presented in the RDEIR. A description of the alternatives compared to the Project and the findings regarding the feasibility of adopting the described alternatives are presented below. 3.2 Project Objectives The project objectives of the proposed San Lorenzo Sewer Lift Station Project are as follows: • To construct a new sewage lift station (the San Lorenzo Lift Station) near the intersection of South Bristol Street and West Segerstrom Avenue to replace an existing lift station that has exceeded its design life (the Segerstrom Lift Station). • To install modern lift station equipment and associated wastewater conveyance infrastructure to reduce the potential of a sewer spill or equipment failure. • To provide a lift station facility in which electrical components of the facility are housed above ground so as to preclude the potential for electrical failure during peak storm events (due to flooding). • To construct a lift station facility that provides sufficient access space for maintenance of the lift station facility. • To avoid detrimental effects to existing businesses during construction and long -term operation of the lift station facility to the extent feasible. • To improve safety for both motorists and City workers by providing for an above - ground lift station facility located outside of existing roadway rights -of -way. • To minimize odor - related nuisances to land uses in close proximity to the new sewage lift station through the installation of a gravity odor control system. • To install landscape and hardscape improvements in areas that will be disturbed by lift station construction. • To safely demolish and abandon the existing Segerstrom Lift Station in accordance with applicable federal, state, and local regulations and standards. 3.3 Selection of Alternatives The RDEIR evaluated twenty -one (21) alternatives, including the No Project Alternative, in Chapter 5.0. This evaluation compared the environmental advantages and disadvantages of each alternative to the Proposed Project. The No Project Alternative, as required by CEQA, considers a scenario in San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -1 CEQA Findings of Fact/Statement of Overriding Considerations 55A -40 Chapter 3 Findings Regarding Project Alternatives Attachment "A" which no new lift station facility would be constructed and the existing lift station north of the South Bristol Street/West Segerstrom Avenue intersection would continue operating as it does under existing conditions. The Modified Construction Configuration C.2 Alternative addressed an alternative to the Proposed Project that would reduce or eliminate the Project's significant and unavoidable impact to the intersection of South Bristol Street /West Segerstrom Avenue by modifying the construction schedule for portions of construction Phases 11, 14 and 16. In addition, the RDEIR evaluated a total of nineteen (19) alternative site locations, as follows (refer also to Figure 5 -1 of the Final EIR): • Alternative Site No. I would be sited at the western end of San Lorenzo Avenue, but would occur fully within existing public rights -of -way (including temporary construction and staging areas). • Alternative Site No. 2 would be sited within an existing City park located at the northeast corner of the West Segerstrom /South Shelton Street intersection. • Alternative Site No. 3 would be sited in the parking lot of an existing medical office and retail center (2835 South Bristol Street). • Alternative Site No. 4 would be sited within an undeveloped parcel located behind 2402 South Bristol Street. • Alternative Site No. 5 would be sited in the parking lot of an existing commercial complex (approximately 3001 -3005 South Bristol Street). • Alternative Site No. 6 would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 7 would be sited would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 8 would be sited in the parking lot behind an existing medical office building (2810 South Bristol Street). • Alternative Site No. 9 would be sited in the parking lot behind an existing medical complex (2720 -2740 South Bristol Street). • Alternative Site No. 10 would be sited in the parking lot behind an existing medical building (2700 South Bristol Street). • Alternative Site No. 11 would be sited in the parking lot behind an existing medical building (2650 South Bristol Street). • Alternative Site No. 12 would be sited in the parking lot of an existing hospital (2701 South Bristol Avenue). • Alternative Site No. 13 would be located in the parking lot in front of an existing commercial building (2449 South Bristol Street). • Alternative Site No. 14 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -2 CEQA Findings of Fact /Statement of Overriding Considerations 55A -41 Chapter 3 Findings Regarding Project Alternatives Attachment "A" • Alternative Site No. 15 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). • Alternative Site No. 16 would be located within Carl Thornton Park (1801 West Segerstrom Avenue). • Alternative Site No. 17 would be located in the parking lot of an existing commercial complex (approximately 3200 South Bristol Street). • Alternative Site No. 18 would be located in the parking lot of an existing commercial center (approximately 3300 South Bristol Street). • Alternative No. 19 would be located in the parking lot of an existing commercial center (approximately 3301 -3365 South Bristol Street. These alternatives were selected to foster meaningful public participation and informed decision - making. Among the factors that were taken into account when considering the potential feasibility of alternatives (as described in CEQA Guidelines Section 15126.6[f][1]) were site suitability, environmental impacts, economic viability, availability of infrastructure, regulatory limitations, jurisdictional boundaries, and attainment of the Project's objectives. As stated in Section 15126.6(f)(3) of the CEQA Guidelines, an EIR need not consider an alternative whose effects could not be reasonably ascertained or whose implementation is remote and speculative. Additionally, an EIR need not consider an alternative that would not achieve most of the basic project objectives or that is infeasible. (CEQA Guidelines Section 15126.6[a].) An EIR also need not consider every conceivable alternative to a project; the range of alternatives is governed by the rule of reason. (Id.) The analysis in the EIR includes sufficient information about each alternative to provide meaningful evaluation, analysis, and comparison with the Proposed Project. 3.4 Project Alternative Findings The Lead Agency's findings on each alternative and the rationale behind each finding are set forth below. 3.4.1 No Project Alternative 3.4.1.1 Summary of the No Project Alternative The No Project Alternative is included in the EIR Alternatives analysis (Section 5.4.1) as required pursuant to CEQA Guidelines Section 15126.6(e). The CEQA Guidelines require evaluation of an alternative that considers what would reasonably be expected to occur on the property in the foreseeable future if the Project were not approved, based on current plans and consistent with available infrastructure and community services. The No Project Alternative therefore assumes that the Proposed Project is not approved and the existing Segerstrom Lift Station facility located beneath South Bristol Street would continue operating into the foreseeable future. Construction of a new lift station facility, new underground sewer infrastructure, and sewer manholes and appurtenances associated with a new lift station would not occur under this alternative. The existing lift station facility beneath South Bristol Street would not be demolished under this alternative and would continue operating. No landscape or hardscape improvements would occur under this alternative. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -3 CEQA Findings of Fact/Statement of Overriding Considerations 55A -42 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.1.2 Comparison of Environmental Effects The impacts of this alternative were evaluated and compared to those of the Project. As concluded in the Final EIR, implementation of the No Project Alternative would eliminate all of the Project's near - term construction - related impacts. However, several long -term impacts would increase with implementation of this alternative, including increased impacts to air quality, hazards/hazardous materials, transportation /traffic, and water quality/hydrology. Long -term impacts from noise would be slightly reduced under this alternative due to the increased distance between the existing lift station facility and nearby sensitive receptors. 3.4.1.3 Finding and Rationale for the No Proiect Alternative The City hereby finds that specific economic, legal, social, technological, or other considerations make the No Project Alternative infeasible. Although the No Project Alternative would avoid all of the Project's near -term construction - related environmental effects, including the Project's significant an unavoidable impact to the intersection of South Bristol Street /West Segerstrom during the implementation of Construction Configuration C.2, this alternative would not meet any of the Project's basic objectives. Specifically: • The No Project Alternative would not result in the construction of a replacement lift station to replace the existing lift station that has exceeded its design life. • The No Project Alternative would not allow for the installation of modern lift station equipment and associated wastewater conveyance infrastructure that would reduce the potential for sewer spills or equipment failure. • The No Project Alternative would not provide for a replacement lift station facility in which electrical components are housed above ground to preclude the potential for electrical failure during peak storm events, as the existing lift station facility houses all of its electrical equipment underground and is subject to flooding. • The No Project Alternative would not provide for a facility that accommodates sufficient access space for maintenance workers, as the existing facility is located beneath the crown of South Bristol Street and affords very little space for maintenance workers. • The No Project Alternative would not avoid detrimental effects to existing businesses, as the existing lift station would continue to require frequent maintenance to clear blockages due to debris collected in the system and the risk from a sewage spill under the No Project Alternative would be increased in comparison to the proposed Project. • The No Project Alternative would not improve safety for motorists and City workers, as the existing lift station is located within the right -of -way of South Bristol Street, a major City thoroughfare. • The No Project Alternative would not reduce the potential for odor - related nuisances to land uses in close proximity to the facility, as no new odor - control systems would be installed. • The No Project Alternative would not provide for hardscape and landscape improvements and would not result in the demolition of the existing outdated facility. The No Project Alternative would not meet the basic Project objectives and therefore would not provide the numerous benefits of the Project, as set forth in the Statement of Overriding Considerations, including the installation of a replacement lift station facility that reduces the San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -4 CEQA Findings of Fact /Statement of Overriding Considerations 55A -43 Chapter 3 Findings Regarding Project Alternatives Attachment "A" potential for sewer spills and nuisance odors; enhanced City worker and vehicular safety; improved appearance of the immediate area (i.e., hardscape /landscape improvements); and the provision of a generally more reliable and efficient lift station facility as compared to the existing facility. The No Project Alternative would increase impacts to the environment under long -term conditions as compared to the Project. The existing Segerstrom Lift Station facility was originally constructed in the 1960s and has exceeded its design life. The existing lift station facility has become inadequate to handle existing sewerage flows and is obsolete in comparison to modern lift station designs. The existing lift station is prone to frequent maintenance (two to three times per week) in order to clear blockages due to debris collected in the system. In addition, due to the age of the equipment, the existing pumps are subject to frequent mechanical failure (requiring maintenance) and it is difficult to obtain necessary replacement parts for the existing facility. These conditions result in an increased potential for sewer spills as compared to the Project. With the increased potential for sewer spills under long -term conditions, impacts to air quality (odors), hazards /hazardous materials, and water quality /hydrology would increase under the No Project Alternative. Since the existing lift station is located within the northbound travel lanes of South Bristol Street, long -term maintenance of the existing facility would result in periodic lane closures along South Bristol Street, which would result in increased impacts to traffic and air quality. The City finds that the No Project Alternative would fail to meet the Project's basic objectives and would result in an increase in long -term impacts to the environment, and therefore rejects the No Project Alternative as infeasible. 3.4.2 Modified Construction Configuration C.2 Alternative 3.4.2.1 Summary of the Modified Construction Configuration C.2 Alternative The Modified Construction Configuration C.2 Alternative (analyzed in RDEIR Section 5.4.2) would incorporate a modified construction schedule for the five (5) weeks in which Construction Configuration C.2 would need to be in place. Specifically, traffic control measures associated with Construction Configuration C.2 would be restricted to between the hours of 6:45 p.m. and 7:00 a.m. instead of allowing for 24 -hour lane closures as proposed by the Project. All other aspects of construction activities would be identical to the Project, and there would be no change to the long- term operational characteristics of the facility under this alternative. 3.4.2.2 Comparison of Environmental Effects Implementation of this alternative would reduce the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street/West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday) by approximately two weeks. However, because construction activities associated with Construction Configuration C.2 would be modified to occur in the nighttime, between the hours of 6:45 p.m. and 7:00 a.m., a significant and unavoidable noise impact would result due to the exposure of nearby sensitive receptors to noise levels in excess of the City's Noise Ordinance standards. Impacts related to air quality /greenhouse gas emissions, hazards /hazardous materials, utilities /service systems, and water quality /hydrology would be similar to the proposed Project's impacts during construction. During long -term operation of the proposed facility, all impacts would be the same under both the Modified Construction Configuration C.2 Alternative and the proposed Project. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -5 CEQA Findings of Fact/Statement of Overriding Considerations 55A -44 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.2.3 Finding and Rationale for the Modified Construction Configuration C.2 Alternative The City hereby finds that specific economic, legal, social, technological, or other considerations make the Modified Construction Configuration C.2 Alternative infeasible. Although the Modified Construction Configuration C.2 Alternative would reduce the Project's significant and unavoidable construction - related impact at the intersection of South Bristol Street/West Segerstrom Avenue by a period of two (2) weeks, this alternative would result in new significant and unavoidable noise impacts for a period of two (2) weeks because construction activities would be required to occur during nighttime hours to allow sufficient time to set up and remove traffic control measures. Such nighttime construction activities would invariably result in significant noise levels that would impact nearby sensitive receptors, including residents of the nearby apartments and the Studio Inn Hotel. Such noise levels would exceed the City's Noise Ordinance requirements for nighttime noise levels, and would result in a significant and unavoidable impact to noise. In addition, and as discussed in EIR Section 3.4.7, modifying the timing restrictions for Construction Configuration C.2 so as to allow construction during the daytime while completely avoiding significant traffic impacts during the five (5) weeks in which Construction Configuration C.2 would be in place is not feasible. Specifically, during the three (3) weeks during the construction of a new manhole within the South Bristol Street /West Segerstrom intersection, Construction Configuration C.2 would need to be in place 24 hours per day. Accordingly, this alternative would reduce (by a period of 2 weeks), but would not avoid, the Project's significant and unavoidable impact to transportation /traffic. On balance, the City finds that the reduction in duration of significant unavoidable impacts to transportation /traffic that would occur under this alternative does not justify the significant and unavoidable impacts to noise that would result from the nighttime construction activities required for this alternative. Therefore, the City finds that the Modified Construction Configuration C.2 Alternative is not feasible. 3.4.3 Alternative Site Location No. 1 (Alternative Site No. 1) 3.4.3.1 Summary of Alternative Site No. 1 Under this alternative a lift station would be constructed at the western terminus of San Lorenzo Avenue (Alternative Site No. 1) in lieu of the proposed Project site. The location of Alternative Site No. 1 is depicted on Final EIR Figure 5 -1. Alternative Site No. 1 is almost identical to the proposed Project but would be constructed wholly within the existing public right -of -way of San Lorenzo Avenue and an unnamed public alley. This alternative would not require the acquisition of private property. Although the acquisition of private property that would occur as part of the proposed Project would not result in a significant environmental effect, construction of a lift station at Alternative Site No. 1 was selected in order to evaluate construction of a lift station on an alternative site that would not require the City of Santa Ana to acquire any private property. 3.4.3.2 Summary Comparison of Environmental Effects As detailed in RDEIR Section 5.4.3, relocating the proposed lift station to Alternative Site No. 1 would neither avoid nor reduce the Project's near -term significant and unavoidable construction- San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -6 CEQA Findings of Fact /Statement of Overriding Considerations 55A -45 Chapter 3 Findings Regarding Project Alternatives Attachment "A" related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). Alternative Site No. 1 also would create a new, significant long -term impact to public services by adversely affecting the provision of police protection services. This alternative also would result in a significant impact to emergency access under long -term conditions, which could only be mitigated with the acquisition of private property, thus, negating the purpose of analyzing this alternative, i.e., to examine whether it would be possible to design the project to avoid the need to condemn private property. Impacts related to air quality /greenhouse gas emissions, noise, utilities and service systems, and water quality and hydrology would be similar to the proposed Project's impacts during construction and long -term operation. Additionally, both the City's Police Department and Fire Department object to this alternative for the reasons explained above. 3.4.3.3 Finding and Rationale for Alternative Site No. 1 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 1 infeasible. Alternative Site No. 1 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This alternative also would introduce new impacts to public services (long -term) and emergency access (long -term) that would not occur in association with the proposed Project. None of the other impacts associated with the proposed Project would be avoided or substantially lessened with implementation of this alternative. Additionally, the Santa Ana Police Department reviewed the proposal to construct a lift station at Alternative Site No. 1, and determined that this alternative has the potential to adversely affect public safety. In a letter dated March 15, 20101, the Police Department indicated that locating a lift station at Alternative Site No. 1 would obstruct the line of sight for patrol and passerby, thereby inhibiting the ability of police (and the public) to monitor activities within the alley located north of this alternative site location. In addition, the Police Department noted that a lift station at Alternative Site No. 1 would leave a significant amount of dead space behind the building which could "provide concealment for transients and other undesirable activities" and "create an attractive nuisance" for graffiti (see RDEIR Appendix H for the complete letter from the Santa Ana Police Department). The only available mitigation for this impact would be to re- locate the proposed lift station to the west, which would be the same design as proposed by the Project. Further, the City Fire Department reviewed the proposal to construct a lift station at Alternative Site No. 1 and determined this alternative would interfere with the ability of emergency vehicles to navigate the turn between the west end of San Lorenzo Avenue and the north -south oriented alley. (See letter from Fire Chief Dave Thomas to Raul Godinez, dated March 17, 2011, RDEIR Appendix H.) Specifically, the Fire Department determined at Alternative Site No. 1 would not meet the Fire Department's minimum turn radius requirement (minimum 20 -foot interior and 40 -foot exterior turn radius), as required by Santa Ana Municipal Code (SAMC) Sec. 14 -25. In addition, the City has an Automatic Mutual Aide agreement provided by the Costa Mesa Fire Department (CMFD), and such aid may be provided by larger CMFD vehicles that require a minimum 28 -foot interior and 46 -foot ' The letter from the Santa Ana Police Department included in Appendix H of the RDEIR is erroneously dated March 15, 2010; this letter was actually provided to the Public Works Department in March 2011. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -7 CEQA Findings of Fact /Statement of Overriding Considerations 55A -46 Chapter 3 Findings Regarding Project Alternatives Attachment "A" exterior turn radius. Construction of a replacement lift station at Alternative Site Location No. 1 would interfere with the ability of fire trucks to make such turns. This alternative would, therefore, adversely affect the Fire Department's ability to respond to emergencies in the Project vicinity. The City has determined that these concerns about the impacts of Alternative Site No. 1 on public safety render it infeasible, particularly in light of the fact that Alternative Site No. 1 would not avoid or substantially lessen any significant effects of the project. (See CEQA Guidelines Section 15126.6(b).) 3.4.4 Alternative Site Location No. 2 (Alternative Site No. 2) 3.4.4.1 Summary of Alternative Site No. 2 Alternative Site Location Number 2 (Alternative Site No. 2) would involve the construction of a new replacement lift station within an existing City park located at the northeast corner of the West Segerstrom Avenue /South Shelton Street intersection instead of the proposed Project site. Alternative Site No. 2 is located approximately 0.15 -mile northeast of the proposed Project site. The location of Alternative Site No. 2 is depicted on Final EIR Figure 5 -1. Development of a lift station at Alternative Site No. 2 would occur wholly within an existing City -owned park; therefore, this alternative would not require the acquisition of private property. The lift station that would be constructed at Alternative Site No. 2 would consist of a similar above - ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 2 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the construction of approximately 115 percent increase in the length of underground sewer conveyance infrastructure as compared to the proposed Project (i.e., 2,800 linear feet, as compared to 1,300 feet for the proposed Project). The duration of the construction phase would be increased as compared to the Project to accommodate the construction of additional underground sewer conveyance infrastructure. 3.4.4.2 Summary Comparison of Environmental Effects As detailed in RDEIR Section 5.4.4, relocating the proposed lift station to Alternative Site No. 2 would neither avoid nor reduce the proposed Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). In addition, development of a lift station at Alternative Site No. 2 would result in a new significant and unavoidable impact to recreation, as this alternative would reduce park land in the City and would exacerbate an existing deficiency of park and recreation facilities in the City. Specifically, the City has a standard of providing two (2) acres of park land per 1,000 residents (SAMC, Sec. 35 -108); however, the City currently does not meet this standard and is providing less than one (1) acre of park land per 1,000 residents. Development of a lift station at Alternative Site No. 2 would reduce the amount of available park land in the City (by approximately 0. 15 acre during the 12 months of construction, and by approximately 0.03 acre under long -term operating conditions). This temporary and permanent loss of parkland would exacerbate the existing deficiency of parkland in the City. This alternative also would result in an increased, but mitigable, long -term air quality impact due to the potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions. Impacts related to construction- related air quality /greenhouse gas emissions and noise would be increased under this alternative, but would not result in any new significant impacts as compared to the proposed Project. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -8 CEQA Findings of Fact/Statement of Overriding Considerations 55A -47 Chapter 3 Findings Regarding Project Alternatives Attachment "A" Impacts related to air quality /greenhouse gas emissions (long - term), noise (long - term), utilities and service systems, and water quality and hydrology would be similar to the proposed Project. 3.4.4.3 Finding and Rationale for Alternative Site No. 2 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 2 infeasible. Alternative Site No. 2 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This alternative also would introduce new impacts to recreation (near- and long -term) that would not occur in association with the proposed Project, and would increase potential long -term odor impacts affecting nearby sensitive receptors, in addition to increasing impacts to construction - related air quality /greenhouse gas emissions and noise. None of the impacts associated with the proposed Project would be avoided or substantially lessened with implementation of this alternative. Furthermore, the City Parks, Recreation and Community Services Agency (PRCSA) submitted a $2.4 million grant application to the state's Urban Greening Grant Program2 on June 16, 2011 to develop the existing park as an "Eco- Park," which may feature amenities such as a community amphitheater, rock climbing area, picnic area, interpretive center, demonstration gardens, jogging trails and sidewalks, and open turf areas. (See Memorandum from Ron Ono, Administrative Service Manager of the City of Santa Ana PRCSA, to Steve Worrall, dated November 23, 2011.) The City hopes to use the park site as a showcase to educate residents on the value of water and energy conservation and provide landscape examples of drought tolerant plants, water harvesting techniques, solar panel installation, amphitheater for education classes, and natural type play equipment for adjacent residents. (See letter from the Gerardo Mouet, Executive Director, PRCSA, to R. Godinez, included in RDEIR Appendix H.) The site is also located a block west of Flower Street Bike Trail and the Golden Loop Bike Trail, which will make the site accessible to all residents in Santa Ana and adjacent cites. (Id.) A conceptual plan for this facility is presented on RDEIR Figure 5 -2, Conceptual West Segerstrom Avenue Eco -Park. The development of a lift station at Alternative Site No. 2 will interfere with any future development of this park for the community. Awards are anticipated to be announced early 2012. Regardless of whether the City receives a grant in this round of the Urban Greening Grant Program, it plans to improve the recreational opportunities at this park site and any construction of a Sewer Lift Station at the site would conflict with these community - serving objectives. The City has determined that these concerns about the impacts of Alternative Site No. 2 on recreational opportunities in the City render it infeasible, particularly in light of the fact that Alternative Site No. 2 would not avoid or substantially lessen any significant effects of the project. (See CEQA Guidelines Section 15126.6(b).) 2 http : / /resources.ca.)zov/bonds-12rop84 urban reening.html (last accessed December 6, 2011). San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -9 CEQA Findings of Fact /Statement of Overriding Considerations 55A -48 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.5 Alternative Site Location No. 3 (Alternative Site No. 3) 3.4.5.1 Summary of Alternative Site No. 3 Alternative Site Location Number 3 (Alternative Site No. 3) would involve the construction of a new replacement lift station in the parking lot of an existing medical office and retail center located at 2835 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 3 is located approximately 0.05 -mile north of the proposed Project site. The location of Alternative Site No. 3 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 3 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 3 would feature similar equipment and appurtenances as the proposed Project. This alternative would construct 23 percent less underground sewer conveyance infrastructure than the proposed Project, and it is anticipated that the duration of the Construction Phase 11 would be decreased by six (6) work days (approximately one week) as compared to the Project. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configuration C.2. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, and C.I. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 3 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines, since the proposed lift station would be constructed within the parking lot of an existing medical office and retail center located at 2835 South Bristol Street. 3.4.5.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 3 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.5. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term traffic impact to a portion of the South Bristol Street road segment that would not occur as part of the proposed Project. This alternative's significant and unmitigable impact to South Bristol Street would occur for approximately 14 days during construction, approximately eleven (11) days shorter than the proposed Project's significant and unmitigable San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -10 CEQA Findings of Fact /Statement of Overriding Considerations Chapter 3 Findings Regarding Project Alternatives Aftachment "A" impact associated with Construction Configuration C.2. In addition, construction of a lift station at Alternative Site No. 3 would exacerbate an existing parking deficiency at this location by eliminating approximately 20 parking spaces during near -term construction, and five parking spaces under long- term operating conditions. Near- and long -term impacts to parking at Alternative Site No. 3 would represent a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 3 as compared to the proposed Project site. This alternative also would result in a slight increase in the severity of impacts to air quality as compared to the proposed Project, because relocating the proposed lift station to Alternative Site No. 3 would have a greater potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions; however, odor effects would be mitigable to a level below significant. Total construction air quality /greenhouse gas emissions would be modestly reduced under this alternative due to a slightly shorter construction period, although average daily construction emissions would be similar to the proposed Project. Impacts related to near -term water quality and hydrology would be slightly increased under this alternative, while impacts to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.5.3 Finding and Rationale for Alternative Site No. 3 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 3 infeasible. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the South Bristol Street /West Segerstrom Avenue intersection, this alternative would introduce a new significant unavoidable impact along South Bristol Street, which would occur for approximately 14 days (11 days shorter than the proposed Project's significant unavoidable impact). When considered in conjunction with this alternative's near- and long -term significant and unavoidable impacts to parking, the City finds that this alternative would, on the whole, result in increased impacts to transportation /traffic as compared to the proposed Project. Accordingly, the City rejects Alternative Site No. 3 as infeasible because it would result in an overall increase in environmental impacts as compared to the proposed Project and would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) Additionally, implementation of the proposed lift station at Alternative Site No. 3 would result in a direct conflict with the City's Parking Ordinance. As indicated in Section 5.4.5.4, this alternative would exacerbate an existing parking deficiency by eliminating approximately 20 parking spaces during near -term construction, and five parking spaces under long -term operating conditions, in a parking lot currently utilized by an existing medical office and retail center. Under this alternative, a 6,420 square -foot portion of the parking lot would be closed and unavailable to site patrons during the entire construction phase (i.e., approximately 12 months) to accommodate construction and staging activities. Based on an analysis of this site, it is estimated that up to 20 parking spaces would be impacted and unavailable for the duration of construction activities, resulting in a deficit of approximately 61 parking spaces during the construction phase. Furthermore, construction of a connection between the proposed lift station and new east -west trending sewer facilities would require trenching activities within the parking lot that would impact additional parking spaces and internal drive aisles for a period of several weeks during construction, which would result in adverse effects to site access and internal circulation. Therefore, this alternative is rejected as infeasible since it would result in a violation of the City's Municipal Code requirements for parking (both during San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -11 CEQA Findings of Fact/Statement of Overriding Considerations 55A -50 Chapter 3 Findings Regarding Project Alternatives Attachment "A" construction and long -term operating conditions), and because it would substantially interfere with and disrupt the medical office and retail center that utilize the parking lot. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.6 Alternative Site Location No. 4 (Alternative Site No. 4) 3.4.6.1 Summary of Alternative Site No. 4 Alternative Site Location Number 4 (Alternative Site No. 4) would involve the construction of a replacement lift station in an undeveloped field located behind 2402 South Bristol Street instead of at the proposed Project site. Alternative Site No. 4 is located approximately 0.45 -mile northwest of the proposed Project site. The location of Alternative Site No. 4 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 4 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 4 would feature similar equipment and appurtenances as the proposed Project. This alternative would construct 108 percent more underground sewer conveyance infrastructure than the proposed Project, and it is anticipated that Construction Phase 11 would be increased by an additional 61 work days (approximately 12 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities using trench boxes or shields, which in turn would require a larger area of closure along South Bristol Street during construction. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 4 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines, as the proposed lift station would be constructed in an undeveloped field located behind 2402 South Bristol Street. 3.4.6.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 4 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.6. This alternative would avoid the proposed Project's significant and San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -12 CEQA Findings of Fact/Statement of Overriding Considerations 55A -51 Chapter 3 Findings Regarding Project Alfernafives Affachment "A" unavoidable impact associated with Construction Configuration C.2; however, this alternative would result in a significant and unmitigable near -term impact to a portion of the South Bristol Street road segment that would not occur as part of the proposed Project. This alternative's significant and unmitigable impact to South Bristol Street would occur for approximately 16 weeks (approximately 11 weeks longer than the Project's significant and unmitigable impact associated with Construction Configuration C.2). Unavoidable impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Near -term significant and unmitigable impacts would occur over a longer duration under this alternative; therefore, impacts to traffic and circulation are considered to be greater at Alternative Site No. 4 as compared to the proposed Project site. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be less than significant and similar to the proposed Project. Impacts to near -term water quality and hydrology also would be increased under this alternative due to a larger area of impact, although such effects would be reduced to a level below significant with mitigation. Impacts to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.6.3 Finding and Rationale for Alternative Site No. 4 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 4 infeasible. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the South Bristol Street /West Segerstrom Avenue intersection, it would introduce a new significant unavoidable impact along South Bristol Street, which would occur for approximately 11 weeks longer than the Project's significant and unmitigable impact associated with Construction Configuration C.2. Therefore, the City finds that implementation of this alternative would result in increased impacts to transportation /traffic as compared to the proposed Project. Accordingly, the City rejects Alternative Site No. 4 as infeasible because it would result in an overall increase in environmental impacts as compared to the proposed Project and would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the Project's objective to minimize disruptions to existing businesses, since construction of this alternative would require near -term closures of the center median that allows left - turn access into the parking lots of existing businesses. 3.4.7 Alternative Site Location No. 5 (Alternative Site No. 5) 3.4.7.1 Summary of Alternative Site No. 5 Alternative Site Location Number 5 (Alternative Site No. 5) would involve the construction of a replacement lift station in the parking lot of an existing commercial complex located at 3001 -3005 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 5 is located approximately 0.04 -mile southwest of the proposed Project site. The location of Alternative Site No. 5 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 5 would include an above - ground block structure similar to the proposed Project and would also feature similar equipment and appurtenances as the proposed Project. In addition, the construction of San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -13 CEQA Findings of Fact/Statement of Overriding Considerations 55A -52 Chapter 3 Findings Regarding Project Alternatives Attachment "A" a lift station at Alternative Site No. 5 would require similar construction activities as the proposed Project (including the need to construct a manhole within the South Bristol Street/West Segerstrom Avenue intersection), and would follow a similar construction schedule. Development of a lift station at Alternative Site No. 5 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines (as discussed in Section 5.2.3), as the proposed lift station would be constructed within the parking lot of an existing commercial retail center located at 3001 -3005 South Bristol Street. 3.4.7.2 Summary Comparison of Environmental Effects As summarized in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.7, relocating the proposed lift station to Alternative Site No. 5 would neither avoid nor reduce the proposed Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday); in fact, under this alternative the duration of Construction Configuration C.2 (and the significant unavoidable impact) would increase due to the need to completely cross the West Segerstrom Avenue right -of -way. In addition, development of a lift station at Alternative Site No. 5 would create new, significant near - term impacts transportation /traffic due to inadequate parking capacity. Impacts related to air quality /greenhouse gas emissions, noise, utilities and service systems, and water quality and hydrology would be similar to the proposed Project. 3.4.7.3 Finding and Rationale for Alternative Site No. 5 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 5 infeasible. Alternative Site No. 5 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction- related impact at the intersection of South Bristol Street and West Segerstrom Avenue, or any other impacts associated with the proposed Project. Furthermore, this alternative would result in the elimination of approximately 27 parking spaces during near -term construction resulting in a temporary deficiency of six (6) parking spaces for a period of up to twelve (12) months. Because this alternative would result in inadequate parking capacity and emergency access at an existing commercial retail center during construction, it would substantially interfere with and disrupt the existing commercial retail center that utilizes the parking lot, as well as fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. Based on these considerations, the City rejects Alternative Site No. 5 as infeasible and finds that it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -14 CEQA Findings of Fact /Statement of Overriding Considerations 55A -53 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.8 Alternative Site Location No. 6 (Alternative Site No. 6) 3.4.8.1 Summary of Alternative Site No. 6 Alternative Site Location Number 6 (Alternative Site No. 6) would involve the construction of a replacement lift station in the southern portion of a parking lot of an existing commercial center located at 2840 South Bristol Street instead of the proposed Project site. Alternative Site No. 6 is located approximately 0.15 -mile west of the proposed Project site, northwesterly of the South Bristol Street/West Segerstrom Avenue intersection. The location of Alternative Site No. 6 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 6 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 6 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the construction of 46 percent less underground sewer conveyance infrastructure than the proposed Project. As a result, it is anticipated that the duration of Construction Phase 11 would be decreased as compared to the Project. The new sewer lines required in support of this alternative would be constructed within the alignments of West Segerstrom Avenue (westerly of South Bristol Street), and within South Bristol Street (northerly of West Segerstrom Avenue), and would require the construction of a manhole within the intersection of these two roadways (thereby necessitating implementation of traffic control in a manner similar to Construction Configuration C.2). Development of a lift station at Alternative Site No. 6 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.8.2 Summary Comparison of Environmental Effects As summarized in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.8, relocating the proposed lift station to Alternative Site No. 6 would slightly increase the duration of the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). In addition, development of a lift station at Alternative Site No. 6 would create new, significant near- and long- term impacts to transportation/traffic due to inadequate parking capacity. Near -term air quality impacts would be slightly reduced under this alternative due to a shorter duration of construction, and long -term odor impacts would be slightly reduced due to a slight increase in the distance to the nearest sensitive receptor. Near -term hydrology and water quality impacts also would be slightly reduced due to a smaller area of disturbance. Non -odor related impacts related to air quality /greenhouse gas emissions (long - term), impacts to noise, and impacts to utilities and service systems would be similar to the proposed Project. 3.4.8.3 Finding and Rationale for Alternative Site No 6 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 6 infeasible. Specifically, Alternative Site No. 6 would not avoid or substantially lessen the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -15 CEQA Findings of Fact/Statement of Overriding Considerations 55A -54 Chapter 3 Findings Regarding Project Alternatives Attachment "A" between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday); in fact, impacts to this intersection would slightly increase under this alternative. Further, implementation of the proposed lift station at Alternative Site No. 6 would result in the elimination of approximately 14 parking spaces during near -term construction, and six parking spaces under long -term operating conditions, which would result in deficiency in parking by 13 spaces and five spaces under near- and long -term conditions, respectively. Because this alternative would result in inadequate parking capacity at an existing commercial center during construction, it would substantially interfere with and disrupt the existing commercial center that utilizes the parking lot, as well as fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. Based on these considerations, the City rejects Alternative Site No. 5 as infeasible and finds that it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) 3.4.9 Alternative Site Location No. 7 (Alternative Site No. 7) 3.4.9.1 Summary of Alternative Site No. 7 Alternative Site Location Number 7 (Alternative Site No. 7) would involve the construction of a replacement lift station in the northeast portion of a parking lot of an existing commercial center located at 2840 South Bristol Street in lieu of the proposed Project site. It should be noted that Alternative Site No. 7 would occur in the same parking lot described above for Alternative Site No. 6. Alternative Site No. 7 is located approximately 0.10 -mile northwest of the proposed Project site. The location of Alternative Site No. 7 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 7 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 7 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 77 percent less underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be decreased by eight (8) work days (approximately 1.5 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configuration C.2. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, and C.I. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -16 CEQA Findings of Fact /Statement of Overriding Considerations 55A -55 Chapter 3 Findings Regarding Project Alternatives Aftachment "A" Bristol Street likely would require supporting the utilities from the top of the trench. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 7 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.9.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 7 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.9. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation/traffic due to a LOS deficiency that would occur for approximately twelve (12) days during construction, which is a reduction in comparison to the proposed Project, which would result in a deficient LOS for up to twenty -five (25) days during construction. However, construction of a lift station at Alternative Site No. 7 would result in inadequate parking at an existing commercial retail center both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 7 would be a significant and unmitigable impact. Therefore, because Alternative Site No. 7 would still result in a significant and unavoidable near -term traffic impact, and would result in significant near -term (12 months) and long -term impacts to parking capacity, impacts to transportation /traffic would be increased with implementation of Alternative Site No. 7 as compared to the proposed Project. Total construction air quality /greenhouse gas emissions would be decreased under this alternative due to a shorter construction period, although average daily construction emissions would be less than significant and similar to the proposed Project. Impacts related to near -term water quality and hydrology also would be decreased under this alternative due to a smaller area of impact. Impacts associated with long -term odors would slightly increase under this alternative, although with mitigation this impact would be reduced to less than significant levels. Impacts to non -odor related air quality /greenhouse gas emissions (long - term), noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.9.3 Findinci and Rationale for Alternative Site No. 7 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 7 infeasible. Alternative Site No. 7 would, on balance, result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately twelve (12) days during construction, and also would result in a new significant and unavoidable impact to parking (near- and long -term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 7 would result in an overall increase in near- San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -17 CEQA Findings of Fact/Statement of Overriding Considerations 55A -56 Chapter 3 Findings Regarding Project Alternatives Attachment "A" term impacts to transportation/traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen the significant environmental effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would result in inadequate parking at an existing commercial retail center, and would, therefore, fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to the business would be further exacerbated by ongoing construction in close proximity to the existing commercial retail center. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.10 Alternative Site Location No. 8 (Alternative Site No. 8) 3.4.10.1 Summary of Alternative Site No. 8 Alternative Site Location Number 8 (Alternative Site No. 8) would involve the construction of a replacement lift station in the parking lot of an existing medical office building located at 2810 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 8 is located approximately 0.15 -mile north of the proposed Project site. The location of Alternative Site No. 8 is depicted on Final EIR Figure 5 -1. Alternative Site No. 8 includes only the eastern portion of the parking lot, as the westernmost portion of the parking lot is part of the adjacent parcel to the north (which is discussed below as part of Alternative Site No. 9). The lift station that would be constructed at Alternative Site No. 8 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 8 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 27 percent less underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be decreased by four (4) work days (approximately 1 week) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20- inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench or the use of trench boxes /shields. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -18 CEQA Findings of Fact/Statement of Overriding Considerations 55A -57 Chapter 3 Findings Regarding Project Alternatives Attachment "A" circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 8 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines (as discussed in Section 5.2.3). 3.4.10.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 8 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.10. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately sixteen (16) days during construction, which is a slight reduction in comparison to the proposed Project, which would result in a deficient LOS for up to twenty -five (25) days during construction. However, construction of a lift station at Alternative Site No. 8 would also result in inadequate parking capacity at an existing medical office building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 8 would be a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 8 as compared to the proposed Project. Total construction- related air quality /greenhouse gas emissions would be reduced under this alternative due to a slightly shorter construction period, although average daily construction emissions would be similar to the proposed Project. Long -term odor - related impacts would be slightly reduced under this alternative, though as with the proposed Project mitigation still would be required to minimize to the extent feasible the proposed Project's potential to generate substantial odor impacts. In addition, construction noise levels would be slightly reduced under this alternative due to a slight increase in the distance to sensitive receptors; however, construction noise impacts would be less than significant under both this alternative and the proposed Project. Impacts related near -term water quality and hydrology would be slightly decreased under this alternative, while impacts to noise (long - term), utilities and service systems, and water quality and hydrology (long- term) would be similar to the proposed Project. 3.4.10.3 Finding and Rationale for Alternative Site No. 8 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 8 infeasible. Alternative Site No. 8 would, on balance, result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately sixteen (16) days during construction, and also would result in a new significant and unavoidable impact to parking (near- and long -term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 8 would result in an overall increase in near - term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen the Project's significant effects. (CEQA Guidelines Section 15126.6(b).) San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -19 CEQA Findings of Fact/Statement of Overriding Considerations 55A -58 Chapter 3 Findings Regarding Project Alternatives Attachment "A" This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. Specifically, Alternative Site No. 8 would result in inadequate parking at an existing medical office building, and would, therefore, fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to the business would be further exacerbated by ongoing construction in close proximity to the medical office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.11 Alternative Site Location No. 9 (Alternative Site No. 9) 3.4.11.1 Summary of Alternative Site No. 9 Alternative Site Location Number 9 (Alternative Site No. 9) would involve the construction of a replacement lift station in the parking lot of an existing medical complex located at 2720 -2740 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 9 is located approximately 0.20 -mile north of the proposed Project site. The location of Alternative Site No. 9 is depicted on Final EIR Figure 5 -1. Due to the existing configuration of this site and in order to minimize disruptions to the existing use during construction and long -term operation, it is assumed that a replacement lift station at this location would need to be located along or near the western property line. The lift station that would be constructed at Alternative Site No. 9 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 9 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 12 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by nine (9) work days (approximately two weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). Specifically, this segment of South Bristol Street contains a 20- inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench or the use of trench boxes /shields. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -20 CEQA Findings of Fact/Statement of Overriding Considerations 55A -59 Chapter 3 Findings Regarding Project Alternatives Attachment "A" circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 9 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.11.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 9 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.11. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 29 days during construction, which is a slight increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation/traffic at the South Bristol Street /West Segerstrom Avenue intersection. Impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 9 would exacerbate an existing parking deficiency at the existing medical complex both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 9 would be a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 9 as compared to the proposed Project site. This alternative also would result in an increase in the severity of the Project's significant long -term air quality impact as compared to the proposed Project, because Alternative Site No. 9 is closer to nearby sensitive receptors than the proposed Project and would thereby have an increased potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions. However, with mitigation (i.e., Mitigation Measure MM 3.1 -1), long -term odor related impacts would be reduced to less than significant levels. Total construction air quality /greenhouse gas emissions would be increased under this alternative in comparison to the proposed Project due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would not be significant. In addition, construction noise levels would be greater under this alternative due to the closer proximity of residential land uses; however, construction noise impacts would be regarded as less than significant following mitigation, as with the proposed Project. Less than significant impacts related near -term water quality and hydrology would be slightly increased under this alternative, while impacts to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.11.3 Finding and Rationale for Alternative Site No. 9 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 9 infeasible. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -21 CEQA Findings of Fact /Statement of Overriding Considerations 55A -60 Chapter 3 Findings Regarding Project Alternatives Attachment "A" Alternative Site No. 9 would result in an overall increase in impacts to transportation/traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 29 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 9 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen the Project's effects. (CEQA Guidelines Section 15126.6(b).), This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would be less effective than the proposed Project in minimizing odor - related nuisances to land uses in close proximity. In addition, this alternative would exacerbate an existing parking deficiency at an existing medical complex, and would therefore fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical complex. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.12 Alternative Site Location No. 10 (Alternative Site No. 10) 3.4.12.1 Summary of Alternative Site No. 10 Alternative Site Location Number 10 (Alternative Site No. 10) would involve the construction of a replacement lift station in the parking lot of an existing medical building located at 2700 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 10 is located approximately 0.25 -mile north of the proposed Project site. The location of Alternative Site No. 10 is depicted on Final EIR Figure 5 -1. Due to the existing configuration of this site and in order to minimize disruptions to the existing use during construction and long -term operation, it is assumed that a replacement lift station at this location would need to be located along or near the western property line. The lift station that would be constructed at Alternative Site No. 10 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 10 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 23 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 13 work days (approximately 2.5 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -22 CEQA Findings of Fact/Statement of Overriding Considerations 55A -61 Chapter 3 Findings Regarding Project Alternatives Attachment "A" implementation of Construction Configurations B.1, B.2, C.1, and C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Specifically, this segment of South Bristol Street contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench or the use of trench boxes /shields. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 10 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.12.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 10 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.12. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation/traffic due to a LOS deficiency that would occur for approximately 33 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Significant and unavoidable impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Mitigation for left -turn movement disruptions is not available since the existing parcels along South Bristol Street have limited access points that cannot be replaced. Furthermore, construction of a lift station at Alternative Site No. 10 would also result in inadequate parking capacity at an existing medical office building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 10 would be a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 10 as compared to the proposed Project site. All other direct and cumulative near -term impacts to transportation /traffic would be less than significant and similar to the proposed Project. This alternative also would result in an increase in the severity of the Project's significant long -term air quality impact because Alternative Site No. 10 is closer to nearby sensitive receptors than the proposed Project and would thereby have an increased potential to expose nearby odor - sensitive uses to substantial offensive odor levels during worst -case accident conditions. However, long -term odor impacts would be reduced to less than significant levels with incorporation of Mitigation Measure MM 3.1 -1. Although total construction air quality /greenhouse gas emissions would be increased under this alternative due to a slightly elongated construction period, impacts would be less than significant since average daily construction emissions would be below SCAQMD thresholds, as with San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -23 CEQA Findings of Fact/Statement of Overriding Considerations 55A -62 Chapter 3 Findings Regarding Project Alternatives Attachment "A" the proposed Project. In addition, construction noise levels would be greater under this alternative due to the closer proximity of residential land uses; however, construction noise impacts would be regarded as less than significant as with the proposed Project. Impacts related near -term water quality and hydrology would be slightly increased under this alternative (though such impacts would not be significant), while impacts to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project. 3.4.12.3 Finding and Rationale for Alternative Site No. 10 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 10 infeasible. Alternative Site No. 10 would result in an overall increase in impacts to transportation/traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 33 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 10 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would not be as effective in achieving the Project's objective to minimize odor - related nuisances to land uses in close proximity. In addition, this alternative would result in inadequate parking at an existing medical office building, and would, therefore, fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.13 Alternative Site Location No. 11 (Alternative Site No. 11) 3.4.13.1 Summary of Alternative Site No. 11 Alternative Site Location Number 11 (Alternative Site No. 11) would involve the construction of a replacement lift station in the parking lot of an existing medical building located at 2650 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 11 is located approximately 0.27 -mile north of the proposed Project site. The location of Alternative Site No. 11 is depicted on Final EIR Figure 5 -1. Due to the existing configuration of this site and in order to minimize disruptions to the existing use during construction and long -term operation, it is assumed that a replacement lift station at this location would need to be located along or near the western property line. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -24 CEQA Findings of Fact/Statement of Overriding Considerations 55A -63 Chapter 3 Findings Regarding Project Alternatives Attachment "A" The lift station that would be constructed at Alternative Site No. 11 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 11 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 32 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 16 work days (approximately three weeks) as compared to the Project. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Specifically, the segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 11 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.13.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 11 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.13. This alternative would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation/traffic due to a LOS deficiency that would occur for approximately 36 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Significant and unavoidable impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 11 would also result in inadequate parking capacity at an existing medical office building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 11 would be a significant and San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -25 CEQA Findings of Fact /Statement of Overriding Considerations 55A -64 Chapter 3 Findings Regarding Project Alternatives Attachment "A" unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 11 as compared to the proposed Project site. This alternative also would result in an increase in the severity of the Project's significant (but mitigable) long -term air quality impact because relocating the proposed lift station to Alternative Site No. 11 is closer to nearby sensitive receptors than the proposed Project and would thereby have an increased potential to expose nearby odor - sensitive uses to substantial offensive odor levels during both normal operation and worst -case accident conditions. Odor impacts associated with this alternative would, however, be reduced to less than significant levels with mitigation (i.e., Mitigation Measure MM 3.1 -1). Total aggregate construction air quality /greenhouse gas emissions would be increased under this alternative due to a slightly elongated construction period, although average daily construction emissions would be less than significant and similar to the proposed Project. In addition, construction noise levels would be greater under this alternative due to the close proximity of residential land uses; however, construction noise impacts would be regarded as less than significant as with the proposed Project. Impacts related near -term water quality and hydrology would be slightly increased under this alternative but would remain below a level of significance, while impacts to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.13.3 Finding and Rationale for Alternative Site No. 11 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 10 infeasible. Alternative Site No. 11 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 36 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term) that would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 10 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would not be as effective in achieving the proposed Project's objective to minimize odor - related nuisances to land uses in close proximity. In addition, this alternative would result in inadequate parking at an existing medical office building, and would therefore fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -26 CEQA Findings of Fact/Statement of Overriding Considerations 55A -65 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.14 Alternative Site Location No. 12 (Alternative Site No. 12) 3.4.14.1 Summary of Alternative Site No. 12 Alternative Site Location Number 12 (Alternative Site No. 12) would involve the construction of a replacement lift station within the parking lot of an existing medical complex located at approximately 2701 South Bristol Street instead of at the proposed Project site. It should be noted that although construction of a replacement lift station at Alternative Site No. 12 could occur anywhere within the block bounded by South Bristol Street, Hemlock Way, Central Avenue, and Baker Street, with exception of the existing AutoZone use at the northwestern corner of the site and the existing residential uses abutting Baker Street, for purposes of analysis it is assumed that the replacement lift station would be constructed in the southwestern portion of the block (i.e., near the intersection of Hemlock and South Bristol). Alternative Site No. 12 is located approximately 0.15 - mile north of the proposed Project site. The location of Alternative Site No. 12 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 12 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 12 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 42 percent less underground sewer conveyance infrastructure than the proposed Project; however, the segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street likely would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these constraints, it is anticipated that the duration of Construction Phase 11 would be increased by two (2) work days (approximately 0.5 week) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). Due to the existing utility constraints beneath South Bristol Street (described above), portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 12 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -27 CEQA Findings of Fact/Statement of Overriding Considerations 55A -66 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.14.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 12 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.14. Alternative Site No. 12 would avoid the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately twenty -two (22) days during construction, which is a slight decrease in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Impacts to transportation /traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project and would represent a new significant and unavoidable impact to traffic /transportation. Furthermore, construction of a lift station at Alternative Site No. 12 would exacerbate an existing parking deficiency at an existing medical complex both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 12 would be a significant and unmitigable impact. Since this alternative would significantly impact traffic along South Bristol Street and would significantly impact parking, impacts to transportation /traffic would be greater at Alternative Site No. 12 as compared to the proposed Project site. Total construction air quality /greenhouse gas emissions would be slightly increased under this alternative due to a slightly longer construction period, although average daily construction emissions would be similar to the proposed Project and would not be significant. Near -term nighttime construction noise and long -term odor impacts are assumed to be slightly reduced under this alternative, but as with the proposed Project these effects would be reduced to less than significant levels with incorporation of mitigation. Impacts related to near -term water quality and hydrology also would be slightly decreased under this alternative due to a smaller area of impact, although as with the proposed Project such impacts would be less than significant. Impacts related to operational noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.14.3 Finding and Rationale for Alternative Site No. 12 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 12 infeasible. Alternative Site No. 12 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 22 days during construction, would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street, and also would result in a new significant and unavoidable impact to parking (near- and long- term). Impacts to parking and turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 12 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -28 CEQA Findings of Fact/Statement of Overriding Considerations 55A -67 Chapter 3 Findings Regarding Project Alternatives Attachment "A" because it would not substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would exacerbate an existing parking deficiency at an existing medical complex and would interfere with access to this site during construction, and would therefore fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing medical complex. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.15 Alternative Site Location No. 13 (Alternative Site No. 13) 3.4.15.1 Summary of Alternative Site No. 13 Alternative Site Location Number 13 (Alternative Site No. 13) would involve the construction of a replacement lift station in the parking lot of an existing commercial building located at approximately 2449 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 13 is located in the same general shopping center as Alternative Site Nos. 14 and 15, which is generally bounded by Central Avenue on the South, Bristol Street on the West, and Warner Avenue on the north. Alternative Site No. 13 would be located in the south - central portion of this shopping center, just northerly of El Pollo Loco (2501 South Bristol Street). Alternative Site No. 13 is located approximately 0.40 -mile north of the proposed Project site. The location of Alternative Site No. 13 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 13 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 13 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 65 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 34 work days (approximately seven weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -29 CEQA Findings of Fact /Statement of Overriding Considerations 55A -68 Chapter 3 Findings Regarding Project Alternatives Attachment "A" and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 13 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.15.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 13 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.15. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 65 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Impacts to transportation/traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project and would represent a new significant and unavoidable impact to traffic /transportation. As such, impacts to traffic and circulation would be greater at Alternative Site No. 13 as compared to the proposed Project site. Mitigation would not be available to reduce these effects to less than significant levels, as it is not possible to construct this alternative without affecting the travel lanes within South Bristol Street, and the ability to make left turns along South Bristol Street during construction. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, although such effects would be less than significant with mandatory regulatory compliance. Long- term odor impacts associated with accident conditions and near -term noise impacts associated with nighttime dewatering activities would be slightly decreased under this alternative, due to the increased distance to nearby sensitive receptors, although as with the proposed Project such effects would be less than significant (with implementation of Mitigation Measures MMs 3.1 -1, 3.3 -1, and 3.3 -2). Impacts related to noise, utilities and service systems, and water quality and hydrology (long- term) would be similar to the proposed Project and would be less than significant. 3.4.15.3 Finding and Rationale for Alternative Site No. 13 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 13 infeasible. Alternative Site No. 13 would result in an overall increase in impacts to transportation/traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -30 CEQA Findings of Fact/Statement of Overriding Considerations_ Chapter 3 Findings Regarding Project Alternatives Attachment "A" significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 65 days during construction, and would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street. Impacts to turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 13 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving the proposed Project's objectives. This alternative would cause serious disruptions to existing business along South Bristol Street due to the need to construct sewer lines near the median, and would further disrupt the businesses within the shopping complex where this alternative site is located. This alternative would therefore fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. 3.4.16 Alternative Site Location No. 14 (Alternative Site No. 14) 3.4.16.1 Summary of Alternative Site No. 14 Alternative Site Location Number 14 (Alternative Site No. 14) would involve the construction of a replacement lift station in the parking lot of an existing commercial complex located at southeast corner of the intersection of South Bristol Street and West Warner Avenue in lieu of the proposed Project site. Alternative No. 14 is located in the same general shopping center as Alternative Site Nos. 13 and 15, and would be constructed just northerly of the Chase Bank (2407 South Bristol Street). Alternative Site No. 14 is located approximately 0.50 -mile north of the proposed Project site. The location of Alternative Site No. 14 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 14 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 14 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 112 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 64 work days (approximately 13 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the north of the existing Segerstrom Lift Station). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16- inch water main, and a SCE/MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -31 CEQA Findings of Fact/Statement of Overriding Considerations 55A -70 Chapter 3 Findings Regarding Project Alternatives Attachment "A" Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 14 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.16.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 14 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.16. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unavoidable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 84 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Impacts to transportation/traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. As such, impacts to transportation /traffic would be greater at Alternative Site No. 14 as compared to the proposed Project site, and mitigation would not be available to reduce these effects to less than significant levels, as there is no way to construct this alternative without affecting the travel lanes within South Bristol Street, and because there is no way to avoid affecting left turns along South Bristol Street during construction. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and impacts would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, but would remain below a level of significance. Long -term odor impacts associated with accident conditions and near -term noise impacts associated with nighttime dewatering activities would be slightly decreased under this alternative, due to the increased distance to nearby sensitive receptors, although as with the proposed Project impacts would be reduced to less than significant levels with implementation of Mitigation Measures MM 3.3 -1 and 3.3 -2. Impacts related to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.16.3 Finding and Rationale for Alternative Site No. 14 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 14 infeasible. Alternative Site No. 14 would result in an overall increase in impacts to transportation/traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -32 CEQA Findings of Fact /Statement of Overriding Considerations 55A -71 Chapter 3 Findings Regarding Project Alternatives Attachment "A" significant and unavoidable impact to the south Bristol Street/West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 84 days during construction, and would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street. Impacts to turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 14 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would cause serious disruptions to existing business along South Bristol Street due to the need to construct sewer lines near the median, and would further disrupt the businesses within the shopping complex where this alternative site is located, and would therefore fail to meet the proposed Project's objective of avoiding detrimental effects to existing businesses. 3.4.17 Alternative Site Location No. 15 (Alternative Site No. 15) 3.4.17.1 Summary of Alternative Site No. 15 Alternative Site Location Number 15 (Alternative Site No. 15) would involve the construction of a replacement lift station in the parking lot of an existing commercial complex located at southeast corner of the intersection of South Bristol Street and West Warner Avenue in lieu of the proposed Project site. Alternative No. 15 is located in the same general shopping center as Alternative Site Nos. 13 and 14, and would be constructed near the existing Starbucks, located at the corner of South Bristol Street /West Warner Avenue. Alternative Site No. 15 is located approximately 0.50 -mile north of the proposed Project site. The location of Alternative Site No. 15 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 15 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 15 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of 123 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 70 work days (approximately 14 weeks) as compared to the proposed Project. The construction schedule for this alternative would otherwise be similar to the proposed Project. This alternative would not require construction activities within the South Bristol Street/West Segerstrom Avenue intersection or beneath the existing paved right -of -way of West Segerstrom Avenue (east of South Bristol Street). Therefore, this alternative would not require the implementation of Construction Configurations B.1, B.2, C.1, or C.2. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the north of the existing Segerstrom Lift Station). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -33 CEQA Findings of Fact/Statement of Overriding Considerations 55A -72 Chapter 3 Findings Regarding Project Alternatives Attachment "A" feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 15 also would require the City to acquire private property to implement a temporary construction easement, accommodate the proposed lift station, and provide easements for proposed sewer lines. 3.4.17.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 15 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.17. This alternative would avoid the Project's significant and unavoidable impact associated with Construction Configuration C.2; however, this alternative would create a significant and unmitigable near -term impact to transportation /traffic due to a LOS deficiency that would occur for approximately 90 days during construction, which is an increase in duration as compared to the twenty -five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street/West Segerstrom Avenue intersection. Impacts to transportation/traffic would also occur when construction activities disrupt left -turn movements, thereby diverting traffic to adjacent intersections or encouraging cut - through traffic in local neighborhoods; such impacts would not occur in association with the proposed Project. As such, impacts to transportation /traffic would be greater at Alternative Site No. 14 as compared to the proposed Project site, and mitigation would not be available to reduce these effects to less than significant levels, as there is no way to construct this alternative without affecting the travel lanes within South Bristol Street, and because there is no way to avoid affecting left turns along South Bristol Street during construction. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to an increased area of impact, although such impacts would be less than significant. Long -term odor impacts associated with accident conditions and near -term noise impacts associated with nighttime dewatering activities would be slightly decreased under this alternative, due to the increased distance to nearby sensitive receptors, although as with the proposed Project such impacts would be less than significant due to implementation of Mitigation Measures MM 3.3 -1 and 3.3 -2. Impacts related to noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.17.3 Finding and Rationale for Alternative Site No. 15 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 15 infeasible. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -34 CEQA Findings of Fact /Statement of Overriding Considerations 55A -73 Chapter 3 Findings Regarding Project Alternatives Attachment "A" Alternative Site No. 15 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would avoid the proposed Project's significant and unavoidable impact to the south Bristol Street /West Segerstrom Avenue during the five weeks in which Construction Configuration C.2 would be in place, this alternative would result in a LOS deficiency that would occur for approximately 90 days during construction, and would result in new significant unavoidable impacts due to the disruption of left -turn movements along South Bristol Street. Impacts to turn movements would not occur in association with the proposed Project. In light of these considerations, the City finds that Alternative Site No. 15 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet or would not be as effective in achieving the proposed Project's objectives. This alternative would cause serious disruptions to existing business along South Bristol Street due to the need to construct sewer lines near the median, and would further disrupt the businesses within the shopping complex where this alternative site is located. This alternative would therefore fail to meet the Project's objective of avoiding detrimental effects to existing businesses. 3.4.18 Alternative Site Location No. 16 (Alternative Site No. 16) 3.4.18.1 Summary of Alternative Site No. 16 Alternative Site Location Number 16 (Alternative Site No. 16) would involve the construction of a new replacement lift station within an existing City park (Carl Thornton Park) located at 1801 West Segerstrom Avenue in lieu of the proposed Project site. Alternative Site No. 16 is located approximately 0.4 -mile west of the proposed Project site. The location of Alternative Site No. 16 is depicted on Final EIR Figure 5 -1. Development of a lift station at Alternative Site No. 16 would occur wholly within an existing City - owned park; therefore, this alternative would not require the acquisition of private property. The lift station that would be constructed at Alternative Site No. 16 would include an above - ground block structure similar to the proposed Project. In addition, the lift station at Alternative Site No. 16 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 208 percent more underground sewer conveyance infrastructure than the proposed Project. The duration of Construction Phase 11 would be increased as compared to the Project, to accommodate the construction of additional underground sewer conveyance infrastructure. Although the acquisition of private property that would occur as part of the proposed Project would not result in a significant environmental effect, relocation of the proposed lift station to Alternative Site No. 16 was selected for consideration to allow decision - makers to compare the impact of the proposed Project against the impact of an alternative that would not require the acquisition of private property. 3.4.18.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 16 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.18. Relocating the proposed lift station to Alternative Site No. 16 would slightly San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -35 CEQA Findings of Fact /Statement of Overriding Considerations 55A -74 Chapter 3 Findings Regarding Project Alternatives Attachment "A" increase the duration of the proposed Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). In addition, development of a lift station at Alternative Site No. 16 would result in a new, significant impact to recreation, as this alternative would reduce park land in the City and would exacerbate an existing deficiency of park and recreation facilities in the City. Construction- related impacts related to air quality /greenhouse gas emissions and hydrology and water quality would be increased under this alternative as compared to the proposed Project, but would be less than significant. Impacts related to air quality /greenhouse gas emissions (long - term), noise, and utilities and service systems would be similar to the proposed Project and would be less than significant, although long -term impacts associated with odors under accident conditions would be slightly reduced under this alternative and would be less than significant with the incorporation of Mitigation Measure MM 3.1 -1 (similar to the proposed Project). 3.4.18.3 Finding and Rationale for Alternative Site No. 16 The City hereby finds that specific economic, legal, social, technological, or other considerations make the Alternative Site No. 16 infeasible. Alternative Site No. 16 would slightly increase by a period of one to two days the Project's near -term significant and unavoidable construction - related impact at the intersection of South Bristol Street and West Segerstrom Avenue, which would occur between the hours of 7:15 a.m. and 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This alternative also would introduce new significant and unavoidable impacts to recreation (near- and long -term) that would not occur in association with the proposed Project, and would increase construction - related air quality /greenhouse gas emissions and water quality /hydrology impacts. None of the significant impacts associated with the proposed Project would be avoided or substantially lessened with implementation of this alternative. In light of these considerations, the City rejects Alternative Site No. 16 as infeasible because it would avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) 3.4.19 Alternative Site Location No. 17 (Alternative Site No. 17) 3.4.19.1 Summary of Alternative Site No. 17 Alternative Site Location Number 17 (Alternative Site No. 17) would involve the construction of a new replacement lift station in the parking lot of an existing commercial office (AT &T) located at 3200 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 17 is located approximately 0.25 -mile southwest of the proposed Project site. The location of Alternative Site No. 17 is depicted on Final EIR Figure 5 -1. In order to minimize disruptions to the existing AT &T building, the replacement lift station would be constructed in the western portion of the parking lot at this site. The lift station that would be constructed at Alternative Site No. 17 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 17 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 54 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 30 work days (approximately four weeks) as compared San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -36 CEQA Findings of Fact/Statement of Overriding Considerations 55A -75 Chapter 3 Findings Regarding Project Alternatives Attachment "A" to the Project. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would require construction activities within and adjacent to the South Bristol Street/West Segerstrom Avenue intersection; however, the duration of construction activities within the intersection would be reduced to one (1) week under this alternative. Traffic control associated with demolition of the existing lift station facility still would require up to two weeks; accordingly, traffic control within the intersection of South Bristol Street/West Segerstrom Avenue would occur for a total duration of three weeks, rather than the five weeks associated with the proposed Project. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, or C.1. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the south of the South Bristol Street/West Segerstrom Avenue intersection). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 17 would require the City to acquire private property to accommodate the proposed lift station. In addition, this alternative would require the City to acquire a temporary construction easement to facilitate construction of the proposed lift station. 3.4.19.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 17 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.19. This alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two weeks; however, this alternative would create a significant and unmitigable near -term impact to the capacity of South Bristol Street for a period of approximately 46 days, which is an increase in duration as compared to the twenty - five (25) days of construction during which the proposed Project would create a significant unavoidable impact to transportation /traffic at the South Bristol Street /West Segerstrom Avenue intersection. As such, impacts to transportation /traffic would be greater at Alternative Site No. 17 as compared to the proposed Project site, and mitigation would not be available to reduce these effects to less than significant levels because there is no way to construct this alternative without impacting travel lanes on South Bristol Street. Furthermore, construction of a lift station at Alternative Site No. 17 would exacerbate an existing parking deficiency at this site both during construction and long- term operation. Near- and long -term impacts to parking at Alternative Site No. 17 would be a significant and unmitigable impact. Construction activities at Alternative Site No. 17 also would San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -37 CEQA Findings of Fact /Statement of Overriding Considerations 55A -76 Chapter 3 Findings Regarding Project Alternatives Attachment "A" result in a significant and unmitigable near -term impact to traffic and circulation due to inadequate emergency access (i.e., Garry Street). As such, impacts to traffic and circulation would be greater at Alternative Site No. 17 as compared to the proposed Project site, and would be significant and unavoidable. This alternative also would result in an increase in the severity of long -term odor impacts as compared to the proposed Project, because Alternative Site No. 17 is located in closer proximity to existing sensitive receptors that could be exposed to odors under accident conditions; however, as with the proposed Project, mitigation would reduce this impact to less than significant levels. In addition, construction noise levels would be greater under this alternative due to the closer proximity of residential land uses; however, construction noise impacts would be mitigated to less than significant levels, as with the proposed Project. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, but would remain below a level of significance. Impacts related to noise (long - term), utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. 3.4.19.3 Finding and Rationale for Alternative Site No. 17 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 17 infeasible. Alternative Site No. 17 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would reduce by a period of three weeks the proposed Project's significant unavoidable impact to the South Bristol Street/West Segerstrom Avenue intersection, this alternative would create a significant and unmitigable near -term impact to the capacity of South Bristol Street for a period of approximately 46 days, or 21 days longer than the proposed Project's significant unavoidable impact to the South Bristol Street/West Segerstrom Avenue intersection. Furthermore, construction of a lift station at Alternative Site No. 17 would exacerbate an existing parking deficiency at this site both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 17 would be a significant and unmitigable impact. Construction activities at Alternative Site No. 17 also would result in a significant and unmitigable near -term impact to traffic and circulation due to inadequate emergency access (i.e., Garry Street). In light of these considerations, the City finds that Alternative Site No. 17 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would not be as effective as the proposed Project in meeting the Project's objective to minimize odor - related nuisances to land uses in close proximity. In addition, this alternative would exacerbate an existing parking deficiency at an existing commercial office building, and would, therefore, fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing commercial office building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -38 CEQA Findings of Fact /Statement of Overriding Considerations 55A -77 Chapter 3 Findings Regarding Project Alternatives Attachment "A" at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.20 Alternative Site Location No. 18 (Alternative Site No. 18) 3.4.20.1 Summa[ y of Alternative Site No. 18 Alternative Site Location Number 18 (Alternative Site No. 18) would involve the construction of a new replacement lift station in the parking lot of an existing commercial retail center located at 3300 South Bristol Street (i.e., Target shopping center) in lieu of the proposed Project site. Alternative Site No. 18 is located approximately 0.35 -mile southwest of the proposed Project site. The location of Alternative Site No. 18 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 18 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 18 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 62 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by approximately 90 work days (approximately eighteen weeks) as compared to the proposed Project. The substantial increase in construction duration is due in part to the need to cross the existing railroad tracks near the intersection of Alton Road /South Bristol Street, which would require approximately six weeks (30 working days) to complete. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would require construction activities within and adjacent to the South Bristol Street/West Segerstrom Avenue intersection; however, the duration of construction activities within the intersection would be reduced to one (1) week under this alternative and traffic control associated with demolition of the existing lift station facility still would require up to two weeks; accordingly, under this alternative, traffic control affecting the intersection of South Bristol Street /West Segerstrom Avenue would occur for a total duration of three weeks, rather than the five weeks associated with the proposed Project. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, and C.1. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the Project (i.e., to the south of the South Bristol Street/West Segerstrom Avenue intersection). The segment of South Bristol Street between this site and the existing lift station facility contains a 20 -inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints, portions of this roadway would need to be closed to accommodate construction associated with this alternative. Moreover, the duration of construction for this alternative site location would greatly increase due to the need to cross the railroad tracks running parallel and north of Alton Avenue. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -39 CEQA Findings of Fact /Statement of Overriding Considerations 55A -78 Chapter 3 Findings Regarding Project Alternatives Attachment "A" Development of a lift station at Alternative Site No. 18 would require the City to acquire private property to accommodate the proposed lift station. In addition, this alternative would require the City to acquire a temporary construction easement to facilitate construction of the proposed lift station. 3.4.20.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 18 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.20. This alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks; however, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street roadway for a total of 94 days (or 69 days longer than the proposed Project's significant unavoidable impact). In addition, this alternative would result in significant unavoidable impacts to the intersection of South Bristol Street/Alton Avenue for the five (5) days in which construction activities would occur within the intersection, which represents a more severe impact to transportation/traffic than would occur under the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 18 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation, which would result in a total parking deficiency of 69 spaces and 58 spaces under near- and long -term conditions, respectively. Near- and long -term impacts to parking at Alternative Site No. 18 would be a significant and unmitigable impact. As such, impacts to transportation /traffic would be greater at Alternative Site No. 18 as compared to the proposed Project site. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction- related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, but would remain below a level of significance. Impacts due to nighttime dewatering during construction would be slightly decreased under this alternative and, as with the proposed Project, would be reduced to less than significant levels with incorporation of Mitigation Measure 3.3 -2. All other impacts associated with noise would be similar to the proposed Project and would be less than significant. Impacts related to utilities and service systems and water quality and hydrology (long- term) would be similar to the proposed Project and would be less than significant. Impacts associated with operational odors under accident conditions also would be slightly reduced under this alternative; however, with implementation of Mitigation Measure MM 3.1 -1, odor impacts would be less than significant for this alternative and the proposed Project. All other long -term impacts to air quality /greenhouse gas emissions would be similar to the proposed Project and would be less than significant. 3.4.20.3 Finding and Rationale for Alternative Site No. 18 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 18 infeasible. Alternative Site No. 18 would result in an overall increase in impacts to transportation /traffic as compared to the proposed Project. Although this alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -40 CEQA Findings of Fact /Statement of Overriding Considerations 55A -79 Chapter 3 Findings Regarding Project Alternatives Attachment "A" roadway for a total of 94 days (or 69 days longer than the proposed Project's significant unavoidable impact). In addition, this alternative would result in significant unavoidable impacts to the intersection of South Bristol Street/Alton Avenue for the five (5) days in which construction activities would occur within the intersection. This also represents a more severe impact to transportation /traffic than would occur under the proposed Project. Furthermore, construction of a lift station at Alternative Site No. 18 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation. Significant impacts to parking would not occur under the proposed Project. In light of these considerations, the City finds that Alternative Site No. 18 would result in an overall increase in near -term impacts to transportation /traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any significant impacts of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would exacerbate an existing parking deficiency at an existing commercial retail building, and would, therefore, fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing commercial retail building. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.21 Alternative Site Location No. 19 (Alternative Site No. 19) 3.4.21.1 Summary of Alternative Site No. 19 Alternative Site Location Number 19 (Alternative Site No. 19) would involve the construction of a new replacement lift station in the parking lot of an existing commercial retail center located at 3301- 3365 South Bristol Street in lieu of the proposed Project site. Alternative Site No. 19 is located approximately 0.40 -mile south of the proposed Project site. The location of Alternative Site No. 19 is depicted on Final EIR Figure 5 -1. The lift station that would be constructed at Alternative Site No. 19 would include a similar above- ground block structure as the proposed Project. In addition, the lift station at Alternative Site No. 19 would feature similar equipment and appurtenances as the proposed Project. This alternative would require the installation and operation of approximately 83 percent more underground sewer conveyance infrastructure than the proposed Project and it is anticipated that the duration of Construction Phase 11 would be increased by 89 work days (approximately 18 weeks) as compared to the Project. The substantial increase in construction duration is due in part to the need to cross the existing railroad tracks near the intersection of Alton Road /South Bristol Street, which would require approximately six weeks (30 working days) to complete. The construction schedule for this alternative would otherwise be similar to the Project. This alternative would require construction activities within and adjacent to the South Bristol Street/West Segerstrom Avenue intersection; however, the duration of construction activities would be reduced to one (1) week under this alternative. Traffic control associated with demolition of the existing lift station facility still would require up to two weeks; accordingly, under this alternative, traffic control affecting the intersection of South Bristol Street /West Segerstrom Avenue would occur San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -41 CEQA Findings of Fact /Statement of Overriding Considerations Chapter 3 Findings Regarding Project Alternatives Attachment "A" for a total duration of three weeks, rather than the five weeks associated with the proposed Project. In addition, this alternative would not require implementation of Construction Configurations B.1, B.2, or C.I. However, this alternative would require the installation of new sewer facilities beneath the existing paved right -of -way of South Bristol Street that are not proposed as part of the proposed Project (i.e., to the south of the South Bristol Street/West Segerstrom Avenue intersection). The segment of South Bristol Street between this site and the existing lift station facility contains a 20- inch OCSD trunk sewer, a 36 -inch MWD pipeline, a 16 -inch water main, and a SCE /MCI Duct Bank. These utilities would require special support during construction of the new 18 -inch sewer, as the new sewer line would need to be installed at a depth of approximately 16 feet, and this depth would increase with distance from the existing facility. Construction along this segment of South Bristol Street would require supporting the utilities from the top of the trench and /or the use of trench boxes /shields, which would elongate the construction schedule. Due to these existing utility constraints beneath South Bristol Street, portions of this roadway would need to be closed to accommodate construction associated with this alternative, which has the potential to result in adverse effects to vehicular circulation. Moreover, the duration of construction for this alternative site location would greatly increase due to the need to cross the railroad tracks running parallel and north of Alton Avenue. Implementation of this alternative would otherwise be similar to the proposed Project during construction conditions. Development of a lift station at Alternative Site No. 19 would require the City to acquire private property to accommodate the proposed lift station. In addition, this alternative would require the City to acquire a temporary construction easement to facilitate construction of the proposed lift station. 3.4.21.2 Summary Comparison of Environmental Effects The environmental effects of constructing the proposed lift station at Alternative Site No. 19 in comparison to the proposed Project site are shown in Final EIR Table 5 -1 and described in detail in RDEIR Section 5.4.21. This alternative would reduce the proposed Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks; however, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street roadway for a total of 109 days (or 89 days longer than the proposed Project's significant unavoidable impact). Furthermore, construction of a lift station at Alternative Site No. 19 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation. Near- and long -term impacts to parking at Alternative Site No. 19 would be a significant and unmitigable impact. As such, impacts to traffic and circulation would be greater at Alternative Site No. 19 as compared to the proposed Project site. Total construction air quality /greenhouse gas emissions would be increased under this alternative due to a longer construction period, although average daily construction emissions would be similar to the proposed Project and would be less than significant. In addition, construction - related impacts to water quality and hydrology would be increased under this alternative due to a larger area of impact, although such impacts would be less than significant. As with the proposed Project, impacts associated with nighttime dewatering activities during construction would be reduced to less than significant levels with compliance with Mitigation Measure MM 3.3 -2. Long -term odor impacts associated with accident conditions would be slightly decreased under this alternative in comparison to the proposed Project and would be less than significant similar to the proposed Project. Impacts related to long -term noise, utilities and service systems, and water quality and hydrology (long -term) would be similar to the proposed Project and would be less than significant. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -42 CEQA Findings of Fact/Statement of Overriding Considerations 55A -81 Chapter 3 Findings Regarding Project Alternatives Attachment "A" 3.4.21.3 Finding and Rationale for Alternative Site No. 19 The City hereby finds that specific economic, legal, social, technological, or other considerations make Alternative Site No. 19 infeasible. Alternative Site No. 19 would result in an overall increase in impacts to transportation/traffic as compared to the proposed Project. Although this alternative would reduce the Project's significant and unavoidable impact associated with Construction Configuration C.2 by two (2) weeks, this alternative would result in a significant unavoidable impact to the capacity of the South Bristol Street roadway for a total of 109 days (or 89 days longer than the proposed Project's significant unavoidable impact). Furthermore, construction of a lift station at Alternative Site No. 18 would exacerbate an existing parking deficiency at this existing commercial retail building both during construction and long -term operation. Significant impacts to parking would not occur under the proposed Project. In light of these considerations, the City finds that Alternative Site No. 19 would result in an overall increase in near -term impacts to transportation/traffic, and rejects this alternative as infeasible because it would not avoid or substantially lessen any of the significant effects of the Project. (CEQA Guidelines Section 15126.6(b).) This alternative also is rejected as infeasible because it would fail to meet, or would not be as effective in achieving, the proposed Project's objectives. This alternative would exacerbate an existing parking deficiency at an existing commercial shopping center, and would, therefore, fail to meet the Project's objective of avoiding detrimental effects to existing businesses. Detrimental effects to business would be further exacerbated by ongoing construction in close proximity to the existing commercial shopping center. Further, unlike the proposed Project site where the City has an existing sewer easement, construction at this location would require the City to acquire private property to provide easements for proposed sewer lines. Finally, construction of the lift station at this location would replace currently developed, useable land, in contrast to the proposed Project site, which is vacant and undeveloped. 3.4.22 Findings on Alternatives that were Considered but Eliminated from Detailed Analysis in the Draft EIR In addition to the 21 alternatives evaluated in the RDEIR, the Lead Agency considered two additional alternatives. Both of these alternatives were eliminated from detailed analysis in the EIR either because they did not meet the Project's basic objectives, would fail to reduce or avoid the significant impacts of the Project as proposed, and /or were determined at the outset to be infeasible. These alternatives are discussed below. 3.4.22.1 Saddleback High School Alternative This alternative would involve the construction of a lift station at Saddleback High School, either on a portion of the athletic field or parking lot adjacent to West Segerstrom Avenue. Such an alternative would not require the acquisition of privately owned property. The City hereby finds that specific economic, legal, social, technological, or other considerations make the adoption of this alternative infeasible. The Saddleback High School property is owned by a public entity, the Santa Ana Unified School District ( SAUSD). City staff inquired with the SAUSD about use of the school's property for construction the lift station facility. In a letter dated April 11, 2011, the SAUSD rejected the concept because: 1) the District is currently in the design phase of San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -43 CEQA Findings of Fact/Statement of Overriding Considerations 55A -82 Chapter 3 Findings Regarding Project Alternatives Attachment "A" expanding the Saddleback High School and construction of the lift station would conflict with the District's on -going plans to provide additional student facilities; 2) construction in the parking lot adjacent to West Segerstrom would exacerbate already insufficient parking on -site for school events and activities; and 3) construction that would result in the loss of a portion of the school's athletic fields is prohibited under Title IX (1972 Education Amendments to the Civil Rights Act). SAUSD is unwilling to offer use of the school property for construction of the lift station, and has provided several reasons why construction of the lift station is inconsistent with ongoing SAUSD uses at the school site. Because the property in question is currently owned and used by the SAUSD, it is likely protected from the City's powers of eminent domain under the doctrine of prior public use. In order to challenge the school's ownership of the property, the City would be required to file suit to appropriate the site for a more necessary public use under Code of Civil Procedure §1240.610. Given the proposed use as a lift station facility, compared to the current use as an educational institution, such a suit would be unlikely to succeed. In any event, it is not City policy to exercise its eminent domain powers on school property for public works projects. For these reasons, construction of the lift station on the Saddleback High School campus is not feasible. Additionally, construction of a lift station on the campus of Saddleback High School would not reduce the significant and unavoidable short-term traffic impact associated with the proposed Project. Construction of a lift station facility at the Saddleback High School would require the construction of a manhole in the intersection of South Bristol Street/West Segerstrom Avenue, thereby resulting in a need to implement Construction Configuration C.2 for up to five (5) weeks during construction on a 24 -hour basis. As with the proposed Project, 24 -hour lane closures associated with Construction Configuration C.2 would result in a significant and unavoidable impact of the proposed Project. As implementation of Construction Configuration C.2 is the only impact of the proposed Project that cannot be reduced to less than significant levels with the incorporation of mitigation measures, this alternative site location would fail to meet CEQA's stated purpose of considering and discussing alternatives in an EIR. CEQA Guidelines §15126.6(b) requires that "...the discussion of alternatives shall focus on alternatives to the project or its location which are capable of avoiding or substantially lessening any significant effects of the project..." CEQA Guidelines §15126.6(f)(2) further requires that, in making the decision to include or exclude analysis of an alternative site, the "...key question and first step in analysis is whether any of the significant effects of the project would be avoided or substantially lessened by putting the project in another location. Only locations that would avoid or substantially lessen any of the significant effects of the project need to be considered for inclusion in the EIR." Since construction of the proposed Project at the Saddleback High School would fail to avoid or substantially lessen the Project's sole unavoidable impact to transportation /traffic, such an alternative is rejected as infeasible because it would fail to meet the standards for project alternatives as set forth in CEQA Guidelines § 15126.6(b) or § 15126.6(f)(2). 3.4.22.2 Retrofitted Segerstrom Lift Station Alternative Under this alternative, the City would retrofit and upgrade the existing Segerstrom Lift Station facility rather than constructing a replacement facility in another location. The City hereby finds that specific economic, legal, social, technological, or other considerations make the adoption of this alternative infeasible. This alternative would fail to meet several of the Project's basic objectives. Specifically, retrofitting of the existing Segerstrom Lift Station would not allow the City to house electrical equipment above - ground. In addition, retrofitting the existing lift station would require upgrades to existing electrical equipment and installation of additional equipment; the addition of new equipment would further restrict workable space within the facility, San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -44 CEQA Findings of Fact/Statement of Overriding Considerations 55A -83 Chapter 3 Findings Regarding Project Alternatives Attachment "A" and therefore would not meet the Project's objective to "Provide a lift station facility that provides sufficient access space for maintenance of the lift station facility." Moreover, such an alternative would fail to meet the Project's objective to construct a replacement lift station facility located outside of the public rights -of -way so as to minimize potential safety conflicts between motorists and maintenance personnel. Finally, such an alternative would not achieve the Project's objective to construct a new lift station facility, as this alternative would not involve the construction of a new lift station but rather would involve upgrades to the existing facility. 3.4.23 Additional Findings 3.4.23.1 Findings Related to Recirculation of the RDEIR CEQA Guidelines Section 15088.5 describes the conditions under which a Draft EIR that was circulated for public review is required to be re- circulated for additional public review and comment. CEQA Guidelines Section 15088.5 states that new information added to a Draft EIR is not significant unless the Draft EIR is changed in a way that deprives the public of a meaningful opportunity to comment upon a substantial adverse effect of the project or a feasible way to mitigate or avoid such an effect (including a feasible project alternative) that the project's proponents have declined to implement. "Significant new information" requiring recirculation includes, for example, a disclosure showing that: • A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented. • A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance. • A feasible project alternative or mitigation measure considerably different from the others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project's proponents decline to adopt it. • The RDEIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. As described in Section F.2 of the Final EIR, No Revisions to the Proposed Project, following receipt of comments from the public in response to the 47 -day public review period for the RDEIR, the City evaluated the comments received and responded to all substantive comments (refer to Section F.3 of the Final EIR). As indicated in the responses to public comment letters provided in Section F.3 of the Final EIR, Responses to Comments, no comments were received on the RDEIR that warrant revision to the analysis of the Project's impacts to the environment. Additionally, the Final EIR does not identify any new significant environmental impacts that were not already identified by the RDEIR, and no new mitigation measures were imposed on the proposed Project that could result in a new significant environmental impact. The Final EIR also does not identify any increases in the severity of any environmental impacts that were disclosed in the RDEIR, and new mitigation measures are not required in order to reduce the severity of such environmental impacts to a level below significant. In addition, public comment letters on the RDEIR did not identify any new mitigation measures or alternatives to the proposed Project that are considerably different from those already evaluated by San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -45 CEQA Findings of Fact/Statement of Overriding Considerations 55A -84 Chapter 3 Findings Regarding Project Alternatives Attachment "A" the RDEIR; accordingly, no feasible alternatives or mitigation measures were identified by the public that would clearly lessen the significant environmental impacts of the proposed Project. Finally, the City of Santa Ana finds that the RDEIR was comprehensive and thorough, and was sufficient to provide the public with meaningful opportunities to comment. Based on the foregoing, the City of Santa Ana has determined that recirculation of the RDEIR is not warranted pursuant to Section 15088.5 of the State CEQA Guidelines. 3.4.23.2 Finding Related to the Analysis of Alternatives The City Council finds that the RDEIR's analysis of alternatives complies with CEQA Guidelines Section 15126.6 by providing sufficient information about each alternative to allow meaningful evaluation, analysis and comparison with the proposed Project. Specifically, the detailed analysis in RDEIR Section 5.0 and the summary provided in the RDEIR Table 5 -1 give the City Council sufficient information about each alternative, both before and after mitigation, to permit a reasoned choice. The City Council further finds that while the EIR's assessment of potential feasibility of alternatives is informative, only City Council has the authority to make the findings required by CEQA. (CEQA Guidelines §15025(b)(2) [reviewing body may not delegate the making of findings required by CEQA Guidelines sections 15091 and 15093].) The findings presented herein reflect City Council's consideration of all comments received in the RDEIR and Final EIR, and reflect the City Council's final determination regarding feasibility, regardless of any statements of feasibility in the EIR. San Lorenzo Lift Station EIR (Project No. 06 -3510) 3 -46 CEQA Findings of Fact/Statement of Overriding Considerations 55A -85 Chapter 3 Findings Regarding Project Alternatives Attachment "A" Chapter 4 - Statement of Overriding Considerations 4.1 Introduction Section 15093 of the CEQA guidelines states: (a) CEQA requires the decision- making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (b) When the lead agency approves a project which will result in the occurrence of significant effects which are identified in the final EIR but are not avoided or substantially lessened, the agency shall state in writing the specific reason to support its actions based on the final EIR and /or other information in the record. The statement of overriding considerations shall be supported by substantial evidence in the record. (c) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the notice of determination. This statement does not substitute for, and shall be in addition to, findings required pursuant to Section 15091. This Statement of Overriding Considerations describes the anticipated economic, social, and other benefits or other considerations of the Project to support the decision to proceed with the Project even though not all of the identified impacts are mitigated to a less- than - significant level. 4.2 Unavoidable Significant Adverse Impacts Even with mitigation measures identified in the Final EIR for the Project, the following significant impact is unavoidable because no feasible mitigation is available to further reduce the impact to a less- than - significant level. Refer to Chapter 2, CEQA Findings, for further clarification regarding the impact listed below. TransportationlTraffic Impacts to Intersection Operations During Implementation of Construction Configuration C.2 under Transportation /Traffic Threshold 1: Implementation of Construction Configuration C.2, which would occur on a 24 -hour basis for up to a total of five weeks, would result in deficient levels of service at the intersection of South Bristol Street/West Segerstrom Avenue between the hours of 7:15 a.m. to 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. (Monday through Friday). This impact is considered a near -term impact, and would only occur during the five weeks of construction during which Construction Configuration C.2 would be in place. Mitigation Measures MM 3.4 -3 and MM 3.4 -5 have been imposed on the Project and will reduce, to the maximum feasible extent, the San Lorenzo Lift Station EIR (Project No. 06 -3510) 4 -47 CEQA Findings of Fact/Statement of Overriding Considerations 55A -86 Chapter 3 Findings Regarding Project Alternatives Attachment "A" Project's impacts to this intersection. However, the only way to completely avoid this impact would be to prohibit traffic control measures during peak hours. Prohibiting traffic control measures is not technically feasible due to the extent of required improvements and associated traffic control measures. Furthermore, construction of a manhole within the intersection of South Bristol Street/West Segerstrom Avenue would require the excavation of a large hole that would preclude the City's ability to safely remove traffic control measures. Accordingly, the City finds that this impact is significant and unavoidable. 4.3 Overriding Considerations The City hereby finds that economic, legal, social, technological or other benefits of the Proposed Project outweigh the significant and unavoidable impacts identified in the EIR. In making this finding, the City has balanced the benefits of the Project against its unavoidable significant impact and has indicated its willingness to accept that adverse impact. The Santa Ana City Council finds that the following benefits of the Proposed Project warrant approval of the Proposed Project notwithstanding its significant, unavoidable environmental impact. Having (i) adopted all feasible mitigation measures, (ii) rejected as infeasible alternatives to the Project discussed above, (iii) recognized all significant, unavoidable impacts, and (iv) balanced the benefits of the proposed Project against the its significant and unavoidable impact, the City hereby finds that its benefits outweigh and override its significant unavoidable impact for the reasons stated below. Each benefit set forth below constitutes an overriding consideration warranting approval of the Project, independent of the other benefits, despite the Project's unavoidable impact. 4.3.1 Project Benefits 1. The construction and operation of a lift station facility facilitates a public need for the conveyance and treatment of wastewater generated in this portion of the City, and the Project is necessary to ensure the City's continued ability to provide for this essential public service. 2. The Project will provide for a new replacement lift station incorporating modern equipment that will reduce the potential for sewer spills and equipment failure in the local area as compared to existing conditions. 3. The Project will provide for a new lift station facility that houses electrical equipment above ground, thereby reducing the potential for power failures during peak storm events as compared to the existing condition. 4. The Project will enhance the safety of City maintenance personnel by providing for a replacement lift station that is located outside of the rights -of -way of major thoroughfares and that provides ample working space to conduct maintenance activities. 5. The Project will reduce long -term impacts to transportation/traffic and will improve vehicular safety by eliminating the need for lane closures during routine maintenance of the lift station facility, which is required under existing conditions. 6. The Project will incorporate modern odor control equipment that will reduce the potential for exposing nearby sensitive receptors to objectionable odors as compared to existing conditions. 7. The Project will provide for landscape and hardscape improvements that will enhance the appearance of the Project area. San Lorenzo Lift Station EIR (Project No. 06 -3510) 4 -48 CEQA Findings of Fact /Statement of Overriding Considerations 55A -87 EXHIBIT "B" SAN LORENZO LIFT STATION PROJECT MITIGATION MONITORING AND REPORTING PROGRAM Prepared for. The City of Santa Ana Public Works Agency Water Resources Division 200 S. Daisy Avenue Corporate Yard, MS 85 Santa Ana, CA 92703 Prepared by: T &B Planning, Inc. 17542 East 17th Street, Suite 100 Tustin, CA 92780 January 2012 � ;L"m96 % EXHIBIT "B" Mitigation Monitoring and Reporting Program 1.1 Introduction This document reflects the Mitigation Monitoring and Reporting Program (MMRP) requirements of Public Resources Cod (PRC) Section 21081.6. The California Environmental Quality Act (CEQA) Guidelines Section 15097 states: ...In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. 1.2 Enforcement In accordance with CEQA, the primary responsibility for making determinations with respect to potential environmental effects rests with the lead agency rather than the monitor or preparer. As such, the City of Santa Ana is identified as the enforcement agency for this MMRP. 1.3 Program Modification After review and approval by the lead agency, minor changes to the MMRP are permitted but can only be made by the City of Santa Ana. No deviations from this MMRP shall be permitted unless it continues to satisfy the requirements of PRC Section 21081.6, as determined by the lead agency. 1.4 Mitigation Monitoring and Reporting Program The organization of this MMRP follows the subsection formatting style as presented within the San Lorenzo Sewer Lift Station Final Environmental Impact Report (FEIR). Only those subsections of the environmental issues presented in the EIR that have mitigation measures are provided below in Table 1, Mitigation Monitoring and Reporting Program Matrix. All other subsections in the EIR do not contain mitigation measures. 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U CL L L L �UbE� �'w °F--- U� �� a� U C U yU, ° e ° a� o +L-' "O N °�' a� W x.53 o o Y° b °CO �� O O dw° caU� a a n d Z �U c.� ao� M M o, 0 M C C) L C; ° L a a � x� W -C •o � 'L O � O O N O L 'ir .� bA C LZ V ����_d_[�I�� Exhibit 3 ON SAN LORENZO SEWER LIFT STATION ■E] ENVIRONMENTAL IMPACT REPORT S.O ExECUTIVE SUMMARY S.0 EXECUTIVE SUMMARY S.1 INTRODUCTION The California Environmental Quality Act (CEQA), Public Resources Code Section 21000, et seq. requires that before a public agency makes a decision to approve a project that could have one or more adverse effects on the physical environment, the agency must inform itself about the project's potential environmental impacts, give the public an opportunity to comment on the environmental issues, and take feasible measures to avoid or reduce potential harm to the physical environment. This Environmental Impact Report (EIR), having California State Clearinghouse No. 2010041028, has been prepared in accordance with CEQA Guidelines Article 9, Sections 15120 to 15132, to evaluate the potential environmental impacts associated with planning, constructing, and operating the proposed San Lorenzo Sewer Lift Station Project (herein, the Project). This EIR does not recommend either approval or denial of the proposed Project; rather, it is a source of impartial information regarding potential impacts that the Project may cause to the physical environment. The Draft EIR will bewas initially made available for public review for a period of 4-5--58 days (from July 14 through September 10, 2010). In response to the public review period for the Draft EIR, the City of Santa Ana received seven (7) comment letters. The City also received a public comment letter just prior to final consideration of the FEIR, which contained new information that the City decided to evaluate further. Based on a review of the comments provided, the City opted to expand the EIR's analysis of alternative locations for the proposed project and incorporate other minor revisions into the Draft EIR. The City also decided to recirculate the EIR pursuant to CEQA Guidelines § 15088.50. Accordingly, the Recirculated Draft EIR (RDEIR) will be made available for an additional 45 -day public review period. After consideration of public comments received in response to the RDEIR, the City of Santa Ana will consider certifying the Final EIR and adopting required findings in conjunction with Project approval. In the case that there are any adverse environmental impacts that cannot be fully mitigated, the City of Santa Ana must adopt a Statement of Overriding Considerations prior to Project approval, stating why the Project is being approved despite its unavoidable impacts. This Executive Summary has been prepared in accordance with CEQA Guidelines Section 15123. This EIR includes a description of the proposed Project and evaluates the physical environmental impacts that could result from planning, constructing, and operating the Project. The scope of this EIR has been narrowed to six subject areas through the completion of an Initial Study prepared by the City of Santa Ana pursuant to CEQA Guidelines Section 15063, and in consideration of public comment received by the City in response to this EIR's Notice of Preparation (NOP). The Initial Study, NOP, and written comments received by the City in response to the NOP, are attached to this EIR as Appendix A. As determined by the Initial Study and in consideration of public comment on the NOP, the six environmental subject areas that could be reasonably and significantly affected by the Project are analyzed herein, including: 1. Air Quality 4. Transportation and Traffic 2. Hazards and Hazardous Materials 5. Utilities and Service Systems (Wastewater) 3. Noise 6. Water Quality and Hydrology Refer to Section 3.0, Environmental Analysis, for a full account and analysis of the subject matters listed above. As mentioned, the scope of this EIR has been narrowed to these six subject areas through the completion of an Initial Study pursuant to CEQA Guidelines Section 15063, and in consideration of public comment to this EIR's NOR Subject areas for which the Initial Study concluded that impacts would be PAGE S -1 55A -101 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION 0 E ENVIRONMENTAL IMPACT REPORT S.0 ExEcUTNE SUMMARY clearly less than significant and that do not warrant further analysis in this EIR are addressed in Section 4.4, Effects Found Not to Be Significant. For each of the six subject areas analyzed in Section 3.0, this EIR describes: 1) the physical conditions that existed at the approximate time this EIR's NOP was filed with the California State Clearinghouse (April 12, 2010); 2) discloses the type and magnitude of potential environmental impacts resulting from Project planning, construction, and operation; and 3) if warranted, recommends feasible mitigation measures that would reduce or avoid any significant adverse environmental impacts that the Project may cause. A summary of the Project's significant environmental impacts and the mitigation measures imposed by the City of Santa Ana to lessen or avoid those impacts is included in this Executive Summary as Table S.1, Mitigation, Monitoring, and Reporting Program. This EIR also discusses alternatives to the proposed Project. Alternatives are studied that would attain most of the Project objectives while avoiding or substantially lessening the proposed Project's significant environmental effects. A full discussion of Project alternatives is found in EIR Section 5.0, Alternatives. S.2 PROJECT OVERVIEW S.2.1 LOCATION AND REGIONAL SETTING The proposed Project site is located in the southern portion of the City of Santa Ana, in the vicinity of South Bristol Street and West Segerstrom Avenue. It includes all ground area that would be physically altered by the Project's construction and operation. The Project site includes the location of the existing Segerstrom Lift Station, which is proposed to be abandoned and demolished as part of the Project. The existing Segerstrom Lift Station is located along the eastern side of South Bristol Street, approximately 250 -275 feet north of the intersection of South Bristol Street and West Segerstrom Avenue. The proposed Project site also is composed of an approximately 900 square -foot area north and adjacent to West Segerstrom Avenue, at the western terminus of San Lorenzo Avenue, which would be the site of the new proposed San Lorenzo Lift Station. Additionally, the Project site also includes the area of ground disturbance needed to install proposed subsurface sewer lines in South Bristol Street and West Segerstrom Avenue between the existing and proposed lift station facilities, and associated areas of roadway resurfacing. Refer to Figure 2 -2, Aerial Photograph, in Section 2.0. S.2.2 PROJECT OBJECTIVES, PURPOSE AND NEED The primary objective of the proposed Project is to provide a new sewer lift station to replace the existing Segerstrom Lift Station, which was originally constructed in the 1960s, most recently upgraded in 1989, and has since exceeded its design life. it has beeeflie inadequate to handle existing sewerage Pews and i obsolete i isen to fnedem lift station designs. Under existing conditions, the Segerstrom Lift Station is prone to frequent maintenance (two to three times per week) in order to clear blockages due to debris collected in the system. In addition, due to the age of the equipment, the existing pumps and other equipment are subject to frequent mechanical failure (requiring maintenance) and it is difficult to obtain necessary replacement parts for the existing g acility. The new pump station provides standby pumps in the event a pump is lost and includes grinders and a larger wet well to address debris within the collection system. Needed r-edundaneies asseeiated with the existing 144 st-Ation _ar-e inadequate in tha4 twe pumps are f `que ntly operated near eapeeity without a third standby pump —The provision of a new sewage lift station and associated infrastructure would ensure that sewage flows are adequately conveyed to wastewater treatment facilities while minimizing the risk of potential sewer spills. The following is a list of objectives sought by the City of Santa Ana in pursuing the proposed Project. PAGE S -2 55A -102 Exhibit 3 0 SAN LORENZO SEWER LIFT STATION ■EJ ENVIRONMENTAL IMPACT REPORT S.0 ExECUnyE SUMMARY • To construct a new sewer lift station (the San Lorenzo Lift Station) near the intersection of South Bristol Street and West Segerstrom Avenue to replace an existing lift station that has exceeded its design life (the Segerstrom Lift Station). • To install modern lift station equipment and associated wastewater conveyance infrastructure to �..:ao system edundaneies in alder to reduce the potential of a sewer spill or equipment failure. • To provide a lift station facility in which electrical components of the facility are housed above ground so as to preclude the potential for electrical failure during peak storm events (due to flooding). • To construct a lift station facility that provides sufficient access space for maintenance of the lift station facility. • To avoid detrimental effects to existing businesses during construction and long, -term operation of the lift station facility to the extent feasible. • To improve safety for both motorists and City workers by providing for an above - ground lift station facility located outside of existing roadway rights -of -way. • To minimize odor - related nuisances to land uses in close proximity to the new sewer lift station through the installation of a gravity odor control system. • To install landscape and hardscape improvements in areas that will be disturbed by lift station and associated subsurface infrastructure construction. • To safely demolish and abandon the existing Segerstrom Lift Station in accordance with applicable federal, state, and local regulations and standards. 5.2.3 PROJECT DESCRIPTION SUMMARY The City of Santa Ana is proposing to construct and operate a new sewer lift station (the San Lorenzo Lift Station) to be located at the end of the western terminus of San Lorenzo Avenue, immediately north of West Segerstrom Avenue and south of an existing alley. The proposed sewer lift station would replace the existing Segerstrom Lift Station, which is located beneath South Bristol Street approximately 7$0 -420 linear feet to the west of the proposed new lift station site. The existing Segerstrom Lift Station has exceeded its design life and would be demolished and abandoned once the proposed San Lorenzo Lift Station is operational. The proposed lift station would be housed within an approximate 8 -foot by 30 -foot block structure, measuring approximately 17 feet in height. The structure's exterior walls would be tan in color and the roof material would be composed of brown metal roofing with a simulated Spanish tile pattern. Access into the interior of the structure would be provided via two doors on the southern face of the structure and two doors on the eastern face of the structure. Exterior lighting would be limited to security lighting above the entrance doors. The following facilities would be installed within or beneath the block structure: electrical panels and control center; a below - ground wet well of sufficient size and depth to prevent back up and surcharging of the upstream sewer mains; a below - ground dry well to house the pumps, motors, associated equipment and appurtenances; a gravity odor control system; and a stairway access into the dry well. In order to construct the San Lorenzo Lift station in its proposed location, a temporary construction easement would be placed over an approximately 49&-465 square- foot s.f.) area west of the western terminus of San Lorenzo Avenue and immediately neFth of West Sege - str-o. , n ..entieto the west and north of the proposed lift station facility. It should be noted that the 465 s.f. temporary construction easement would be in addition to PAGE S -3 55A -103 Exhibit 3 0 SAN LORENZO SEWER LIFT STATION ■ O ENVIRONMENTAL IMPACT REPORT S.O ExECuiME SUMMARY the existing 20 -foot sewer easement and the permanent condemnation of approximately 292 s.f. of private property. The temporary construction easement would encompass an area consisting of the first five (5) feet westerly of the existing wall and the first ten (10) feet northerly of the existing wall (refer to Section 2.4.3 for a detailed description of the temporary construction easement). Additionally, the City of Santa Ana would need to acquire permanent title to approximately 292 square feet of private property, which is owned by Santa Ana California Lodge, LLC (Studio Inn, APN 410 - 411 -19). This property would be acquired by the City in any manner authorized by law, which in proper circumstances could potentially include adoption of a resolution of necessity by the Santa Ana City Council. Around the new lieft station, landscaping and hardscape improvements are proposed. The Project includes the repaving of a portion of the western end of San Lorenzo Avenue, portions of an existing alley, and a portion of West Segerstrom Avenue, along with the installation of new sidewalks in areas where existing sidewalks have fallen into a state of disrepair and /or would be demolished during lift station construction. An existing wall separating the proposed lift station site from an existing, adjacent motel (Studio Inn) would be removed and replaced with a new, six -foot tall, tan - colored block wall. Some existing landscaping along West Segerstrom Avenue would remain. New landscaping would be installed in a triangular area located between the proposed lift station building and the sidewalk along West Segerstrom Avenue, and would include the planting of one 24 -inch box tree (Brisbane Box), along with shrubs and groundcover (Silverberry and Autumn Sage). Hardscape improvements adjacent to the new lift station would include the installation of new sidewalk, curb, and gutter. The Project also proposes the installation and operation of approximately 1,300 linear feet of new underground sewer infrastructure, including approximately 560 linear feet of 15 -inch gravity sewer pipe; approximately 190 linear feet of 12 -inch gravity sewer pipe; approximately 545 linear feet of 10 -inch force main; and sewer manholes and appurtenances. Construction of these new facilities would occur beneath the paved rights -of -ways of South Bristol Street and West Segerstrom Avenue. The new infrastructure would be needed to connect several existing sewer mains to the new proposed San Lorenzo Lift Station. After construction of the San Lorenzo Lift Station is complete and the new subsurface sewer pipes and manholes are installed, the new lift station would move effluent through the station and into gravity sewer lines, which would convey the sewerage to an existing Orange County Sanitation District (OCSD) treatment facility. Effluent would continuously flow through the San Lorenzo Lift Station and would not be stagnant. The new lift station would replace the Segerstrom Lift Station and would not increase the capacity of the City's existing sewer system. The new lift station facility would be constructed with odor control devices and the City would regularly monitor the facility to ensure it is functioning properly. After the new San Lorenzo Lift Station has been constructed and is in operation, demolition of the existing Segerstrom Lift Station would occur. Demolition activities would involve abandonment in place of the existing lift station, including the removal and disposal of all lift station equipment and filling of the existing wet well manhole with sand. An existing generator, located southerly of the existing lift station, would remain in place and would serve as a back -up power source for the proposed new San Lorenzo Lift Station. Finally, some removal and replacement of existing sidewalk and roadway pavement would occur in association with proposed demolition activities, including the removal /replacement of an existing 80 -foot long by 12 -foot wide bus pad located immediately south of the existing Segerstrom Lift Station facility. Demolition of the existing Segerstrom Lift Station would occur in conformance with all applicable federal, state, and local regulations and standards. Lastly, resurfacing of roadway segments disturbed by Project construction would occur. PAGE S -4 55A -104 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION .n ENVIRONMENTAL IMPACT REPORT S.O Encur E SUMMARY A complete description of the Project is contained in Section 2.0, Project Description, of this EIR. Please refer to Section 2.0 for additional information, including a detailed description of the construction process and schedule. S.3 EIR PRocEss In December 2008, the City of Santa Ana prepared a CEQA Initial Study and Mitigated Negative Declaration (MND) for the proposed Project. The MND disclosed adverse environmental impacts in the areas of air quality (odor) and short-term construction - related traffic. Mitigation measures were presented in the MND to reduce those impacts to below levels of significance. The MND was circulated for public review, and then approved by the City of Santa Ana on February 2, 2009. Subsequently, the MND was challenged in California Superior Court by an adjacent property owner, Santa Ana California Lodge, LLC. As a result, the Court ordered that the City vacate its approval of the MND, and further required preparation of a project EIR. As a first step in complying with the procedural requirements of CEQA for an EIR, an Initial Study (refer to EIR Appendix A) was prepared by the City of Santa Ana to determine whether any aspect of the proposed Project, either individually or cumulatively, may cause a significant adverse effect on the physical environment. For this Project, the Initial Study indicated that this EIR should focus on five (5) of the six (6) environmental subject areas listed above in Subsection S.1. After completion of the Initial Study, the City filed a NOP with the California Office of Planning and Research (State Clearinghouse) to indicate that an FIR would be prepared. In turn, the Initial Study and NOP were distributed for a 30 -day public review period, which began on April 12, 2010 and ended on May 12, 2010. Written comments on the scope of the EIR were received during those 30 days, and were considered by the City during the preparation of this EIR. After considering public comments on the NOP, the City decided that a sixth subject area (Water Quality and Hydrology), which was not identified in the Initial Study as warranting further analysis, should be added as a subject area to be further analyzed in this EIR. According to CEQA Guidelines Section 15082(c)(1), an advertised public meeting (called a scoping session) was not required because the Project is not of statewide, regional, or area -wide significance as defined by CEQA Guidelines Section 15206. This EIR 4i was being- circulated for review and comment by the public and other interested parties, agencies, and organizations for a 4558 -day review period, which extended from July 14 through September 10, 2010. In response to the public review period for the Draft EIR, the City of Santa Ana received seven (7) comment letters. The City also received a public comment letter just prior to final consideration of the FEIR, which contained new information that the City decided to evaluate further. Based on a review of the comments provided, the City of Santa Ana opted to expand the EIR's analysis of alternative locations for the proposed project and to incorporate other minor revisions into the Draft EIR. The City also decided to recirculate the EIR pursuant to CEQA Guidelines Section 15088.5. During the 45 -day public review period for the RDEIR, public notices announcing availability of the EIR will be mailed to interested parties, advertisements will be posted in the local newspaper, and copies of the HEIR and its Technical Appendices will be available for review at the following locations: City of Santa Ana Public Works Agency, Water Resources Division, 200 S. Daisy Avenue, Santa Ana, CA 92703; and City of Santa Ana Public Works Agency, First Floor, 20 Civic Center Plaza, Santa Ana, CA 92701. After the close of the 45 -day "rniRDEIR public comment period, responses to written comments on the environmental effects of the proposed Project will be prepared and published. The Final EIR will then be PAGE S -5 55A -105 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION ■ F] ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY considered for certification by the City of Santa Ana City Council in a public hearing(s). The City Council will review and consider the Final EIR prior to deciding to approve, approve with revision, or reject the proposed Project. Approval of the proposed Project would be accompanied by the adoption of written findings and a statement of overriding considerations for any significant unavoidable environmental impacts identified in the Final EIR. In addition, the City must adopt a Mitigation, Monitoring, and Reporting Program (MMRP), which describes the process to ensure implementation of the mitigation measures identified in the Final EIR to reduce or avoid significant impacts on the physical environment. The MMRP, which is included as Table S -1 in this EIR, will ensure CEQA compliance during Project construction and operation. S.4 AREAS OF CONTROVERSY AND ISSUES TO BE RESOLVED CEQA Guidelines Section 15123(b)(2) requires that areas of controversy known to the Lead Agency (City of Santa Ana Public Works Agency, Water Resources Division) be identified in the Executive Summary. The Lead Agency is aware of one issue of controversy: • Opposition of Santa Ana California Lodge, LLC (Studio Inn, APN 410 - 411 -19), to City acquisition of a temporary construction easement affecting their heir property (comprising approximately 465 s.f. in area), and opposition to City acquisition of permanent title to approximately 292 square feet of their private property in order to construct the proposed San Lorenzo Lift Station. Regarding issues to be resolved, this EIR addresses the environmental issues that are known by the City and that are identified in the Initial Study prepared for the Project (refer to Appendix A of this EIR). Four (4) written comment letters were received by the City on this EIR's NOP, copies of which are also included in Appendix A. Environmental topics raised in written comment to the NOP are primarily related to the issue areas of air quality (including odor), noise, traffic, water quality /drainage, and hazardous materials. Refer to Table 1 -2, Summary of NOP Comments, in Section 1.0 of this EIR. S.5 ALTERNATIVES TO THE PROPOSED PROJECT In compliance with CEQA Guidelines Section 15126.6, an EIR must describe a range of reasonable alternatives to the Project or to the location of the Project. Each alternative must be able to feasibly attain most of the Project's objectives and avoid or substantially lessen the Project's significant effects on the environment. A detailed description of each alternative evaluated in this EIR, as well as an analysis of the potential environmental impacts associated with each alternative, is provided in Section 5.0, Alternatives. Also described in Section 5.0 is a list of alternatives that were considered, but rejected from further analysis. The alternatives considered by this EIR include those listed below. S.5.1 NO PROJECT ALTERNATIVE The No Project Alternative is included in the Alternatives analysis as required pursuant to CEQA Guidelines Section 15126.6(e), which requires evaluation of an alternative that considers what would reasonably be expected to occur on the property in the foreseeable future if the Project were not approved, based on current plans and consistent with available infrastructure and community services. For purposes of analysis in this EIR, the No Project Alternative assumes that the proposed Project would not be approved; meaning that the existing Segerstrom Lift Station facility located beneath South Bristol Street would not be demolished and would continue operating in its existing condition into the foreseeable future. Construction of a new lift PAGE S-6 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION ■F—] ENVIRONMENTAL IMPACT REPORT S.0 EXECUTIVE SUMMARY station facility, new underground sewer infrastructure, and sewer manholes and appurtenances as a replacement for the Segerstrom Lift Station would not occur. 5.5.2 MODIFIED CONSTRUCTION CONFIGURATION C.2 ALTERNATIVE As described in EIR Section 3.4, implementation of the proposed Project would result in a significant unavoidable impact at the intersection of South Bristol Street at West Segerstrom Avenue for up to five weeks during construction activities within the intersection and /or when construction activities require access to two (2) northbound lanes within South Bristol Street northerly of the intersection. In order to avoid this significant unavoidable impact, Construction Configuration C.2 would need to be altered to include timing restrictions so as to avoid traffic control measures between the hours of 7:15 a.m. to 8:00 a.m. and between the hours of 2:30 p.m. and 6:45 p.m. According to the Project's engineer, such time restrictions would limit construction activities to about 1 -2 hours per day before construction activities would need to cease in order to ensure that traffic control is removed by 2:30 p.m. Such time restrictions are considered infeasible from a practical perspective because they would dramatically elongate the construction schedule for construction activities within the intersection from up to 150 days (3-2 weeks Monday - Friday) to approximately 6049- 12050 days (based on an assumption of one to two working hours per day with traffic control, and approximately 12050 working hours needed to complete construction within the intersection). The time restrictions also would elongate the construction schedule for work within South Bristol Street, which would increase from approximately 10-5 days (2-3 weeks Monday — Friday) to 4060 -804-20 days (based on an assumption of one to two working hours per day with traffic control, and approximately 8047M working hours needed to complete the portion of construction within South Bristol Street requiring access to two northbound travel lanes). With an elongated construction schedule of up to 20045 days (40-_t5 weeks, or nearly 101 months), construction costs would be increased and construction equipment and associated activities would be a nuisance to adjacent land uses for a longer period of time. However, as shown on EIR Figure 3.4 -8, acceptable levels of service at the intersection of South Bristol Street /West Segerstrom Avenue could be maintained between the hours of 6:45 p.m. and 7:00 a.m. without elongating the construction schedule. Assuming that traffic control measures would require approximately four hours (i.e., two hours to set up and two hours for removal), this would allow for approximately 8.25 working hours per day for improvements within the intersection of South Bristol Street/West Segerstrom Avenue. Therefore, this nighttime construction alternative, identified herein as the "Modified Construction Configuration C.2 Alternative," considers modifying the construction schedule for the ..aAia.,s of construction Phases 4- 14 and 16 involving eenstruetientransitioning the existing sewer within Bristol to the new lift station within the inn eetion and viithin South Br -istal Street so as to limit the hours of traffic control and construction activities to between the hours of 6:45 p.m. and 7:00 a.m. (nighttime). Impacts to the intersection of South Bristol Street /West Segerstrom Avenue still would occur under this alternative during Construction Phase 11, as Construction Phase 11 would require implementation of Construction Configuration C.2 for a period of up to three weeks on a 24 -hour basis. Implementation of the Modified Construction Configuration C.2 Alternative would otherwise be identical to the proposed Project. The Modified Construction Configuration C.2 Alternative was selected for consideration in order to avoid reduce by two weeks the duration of the Project's significant and unavoidable short-term traffic impacts to the intersection of South Bristol Street/ West Segerstrom Avenue. S.5.3 ALTERNATIVE SITES This EIR evaluates a total of 19 alternative site locations for the proposed San Lorenzo Lift Station facility. The alternative site locations selected for consideration in this EIR include a reasonable range of potential PAGE S -7 55A -107 Exhibit 3 ■ ■ SAN LORENZO SEWER LIFT STATION No ENVIRONMENTAL IMPACT REPORT S.O EXECUTIVE SUMMARY development sites that would not require demolition of existing uses and are located in the vicinily of the existing Segerstrom Lift Station. For purposes of evaluation herein, each of the 19 alternative sites is anticipated to be developed with an approximate 8 -foot 8 -inch by 36 -foot 8 -inch block above-ground structure with an approximate height of 17 feet. The lift station equipment and appurtenances housed within and below the block structure would be similar to the proposed Project. Development of a lift station at each of the 19 alternatives sites would require a final site area of approximately 1,290 square feet, including the block structure a 5 -foot buffer area around the structure, and a clearance zone for hatches /manholes providing access to the below - ground facilities. An area comprising approximately 6,420 square feet would temporarily be required for construction and staging at each of the alternative sites. Like the proposed Project development of a lift station at any of the alternative sites would require the demolition of the existing_Segerstrom Lift Station. The location of the alternative sites under consideration are depicted on Figure 5 -1, Alternative Site Locations, and summarized below. • Alternative Site No. 1 would be sited at the western end of San Lorenzo Avenue, but would occur fully within existing public rights- of -wqy including the temporary construction and staging areas). reas)• • Alternative Site No. 2 would be sited within an existing City park located at the northeast corner of the West Segerstrom /South Shelton Street intersection. • Alternative Site No. 3 would be sited in the parking lot of an existing medical office and retail center (2835 South Bristol Street). • Alternative Site No. 4 would be sited within an undeveloped parcel located behind 2402 South Bristol Street. • Alternative Site No. 5 would be sited in the parking lot of an existing commercial complex (approximately 3001 -3005 South Bristol Street). • Alternative Site No. 6 would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 7 would be sited would be sited in the parking lot of an existing commercial center (approximately 2840 South Bristol Street). • Alternative Site No. 8 would be sited in the parking lot behind an existing medical office building (2810 South Bristol Street). • Alternative Site No. 9 would be sited in the parking lot behind an existing medical complex (2720- 2740 South Bristol Street). • Alternative Site No. 10 would be sited in the parking lot behind an existing medical building (2700 South Bristol Street). • Alternative Site No. 11 would be sited in the parking lot behind an existing medical building g_2650 South Bristol Street). • Alternative Site No. 12 would be sited in the parking lot of an existing hospital (2701 South Bristol Avenue). • Alternative Site No. 13 would be located in the parking lot in front of an existing commercial building (2449 South Bristol Street). PAGE S -8 Exhibit 3 ■■ SAN LORENZO SEWER LIFT STATION ■ F] ENVIRONMENTAL IMPACT REPORT S.O ExEcurw SUMMARY • Alternative Site No. 14 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). • Alternative Site No. 15 would be located in the parking lot of an existing commercial complex (located at the southeast corner of the intersection of South Bristol Street and West Warner Avenue). • Alternative Site No. 16 would be located within Carl Thornton Park (1801 West Segerstrom Avenue). • Alternative Site No. 17 would be located in the parking lot of an existing commercial complex (approximately 3200 South Bristol Street). • Alternative Site No. 18 would be located in the parking lot of an existing commercial center (approximately 3300 South Bristol Street). • Alternative No. 19 would be located in the parking lot of an existing commercial center (approximately 3301 -3365 South Bristol Street). S.6 SUMMARY OF IMPACTS, PROJECT REQUIREMENTS, MITIGATION MEASURES, AND CONCLUSIONS S.6.1 EFFECTS FOUND NOT TO BE SIGNIFICANT The scope of this EIR has been narrowed to six (6) subject areas through the completion of an Initial Study prepared by the City of Santa Ana pursuant to CEQA Guidelines Section 15063 and CEQA Statute Section 21002.1(e), as well as consideration of public comment received by the City on this EIR's NOP. The Initial Study, NOP, and public comments received in response to the NOP, are attached to this EIR as Appendix A. Subject areas for which the Initial Study concluded that impacts would be clearly less than significant and that do not warrant further analysis in this EIR include: Aesthetics, Agricultural Resources, Biological Resources, Cultural Resources, Geology and Soils, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, and Utilities and Service Systems (except wastewater). 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